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]

APPENDIX.

No. I. Copy of a deed from four Indian sagamores to John Whelewright and others. 1629.

WHEREAS We the sagamores of Penacook, Pentuck|et, Squomsquot and Nuchawanack are inclined to have the English inhabit amongst us as they are amongst our coun|trymen in the Massachusetts Bay; by which means we hope in time to be strengthened against our enemy the Tareteens who yearly doth us damage. Likewise being persuaded that it will be for the good of us and our posterity, &c. To that end have at a general meeting at Squomsquot on Piscattaqua river, We the aforesaid sagamores with a universal consent of our subjects, do covenant and agree with the English as followeth:

NOW know all men by these presents that we Passacona|waye sagamore of Penecook, Runnaawitt sagamore of Pentuck|it, Wahangnonawittt sagamore of Squomsquot, and Rowls sa|gamore of Nuchawanack, for a competent valuation in goods already received in coats, shirts and kettles, and also for the considerations aforesaid do according to the limits and bounds hereafter granted, give, grant, bargain, sell, release, ratify and confirm unto John Wheelwright of the Massachusetts Bay late of England, a minister of the gospel, Augustine Story, Tho|mas Wite, William Wentworth* 1.1 and Thomas Levet, all of the Massachusetts Bay in New England, to them, their heirs▪ and assigns for ever, all that part of the main land bounded by the river of Piscattaqua and the river of Meremak, that is too say, to begin at Nuchawanack falls in Piscattaqua river aforesaid, and so down said river to the sea, and so alongst the sea shore

to Merramack river, and so up along said river to the falls at Pantuckit aforesaid, and from said Pantucket falls upon a north-west line twenty English miles into the woods and from thence to run upon a streight line north-east and south-west till meet with the main rivers that runs down to Pantuckett falls and Nuchawanack falls, and the said rivers to be the bounds of the said lands from the thwart line or head line to the aforesaid falls and the main chanell of each river from Pentuckitt and Nuhawanack falls to the maine sea to be the side bounds and the main sea between Piscattaqua river and Meramack river to be the lower bounds, and the thwart or head line that runs from river to river to be the upper bounds; together with all islands within said bounds, as also the Isles of Shoals so called by the English, together with all profits, advantages and appurtenan|ces whatsoever to the said tract of land belonging or in any wise appertaining, reserving to our selves liberty of making use of our old planting land, as also free liberty of hunti••g, fish|ing and fowling; and it is likewise with these provisoes follow|ing, viz. First, the said John Wheelwright shall within ten years after the date hereof set down with a company of Eng|lish and begin a plantation at Squomsquott falls in Piscattaque river aforesaid. Secondly, That what other inhabitants shall come and live on said tract of land amongst them from time to time and at all times shall have and enjoy the same benefits as the said Wheelwright aforesaid. Thirdly, That if at any time there be a number of people amongst them that have a mind to begin a new plantation, that they be encouraged so to do, and that no plantation exceed in lands above ten English miles square or such a proportion as amounts to ten miles square. Fourthly, That the aforesaid granted lands are to be divided into townships as people increase and appear to inha|bit them, and that no lands shall be granted to any particular persons but what shall be for a township, and what lands with|in a township is granted to any particular persons to be by vote of the major part of the inhabitants legally and orderly settled in said township. Fifthly, For managing and regulating and to avoid contentions amongst them, they are to be under the government of the colony of the Massachusetts their neighbours and to observe their laws and orders until they have a settled government amongst themselves. Sixthly, We the aforesaid sagamores and our subjects are to have free liberty within the aforesaid granted tract of land of fishing, fowling, hunting and planting, &c. Seventhly and lastly, Every township within the aforesaid limits or tract of land that hereafter shall be set|tled shall pay to Passaconaway our chief sagamore that now is

and to his successors forever, if lawfully demanded, one coat of trucking cloth a year, and every year, for an acknowledgment, and also shall pay to Mr. John Wheelwright aforesaid his heirs and successors forever, if lawfully demanded, two bushels of In|dian corn a year for and in consideration of said Wheelwrights great pains and care, as also for the charges he hath been 〈◊〉〈◊〉 to obtain this our grant for himself and those aforementioned and the inhabitants that shall hereafter settle in townships on the aforesaid granted premisses. And we the aforesaid sagamores, Passaconaway sagamore of Penecook, Runaawitt sagamore of Pentuckitt, Wahangnonawitt sagamore of Squomsquot, and Rowles sagamore of Nuchawanack do by these presents ratify and confirm all the afore granted and bargained premisses and tract of land aforesaid, excepting and reserving as afore except|ed and reserved and the provisoes aforesaid fulfill'd, with all the meadow and marsh ground therein, together with all the mines, minerals of what kind or nature soever, with all the woods, timber and timber trees, ponds, rivers, lakes, runs of water or water courses thereunto belonging, with all the freedom of fishing, fowling and hunting as our selves, with all other bene|fits, profits, priviledges and appurtenances whatsoever there|unto of all and every part of the said ••ract of land belonging or in any ways appertaining unto him the said John Wheelwright, Augustine Storer, Thomas Wight, William Wentworth and Thomas Levet, and their heirs forever as aforesaid, TO HAVE AND TO HOLD the same as their own proper right and interest without the least disturbance, molestation, or trou|ble of us, our heirs, execrs & adminirs to & with the said John Wheelwright, Augustine Storer, Thomas Wight, William Wentworth and Thomas Levit their heirs, execrs. adminrs. & assigns, & other the English that shall inhabit there & their heirs and assigns forever shall warrant, maintain and defend. IN WITNESS whereof we have hereunto set our hands and seals the seventeenth day of May 1629, and in the fifth year of King Charles his reign over England, &c.

• PASSACONAWAY, ☍ mark, (Seal.)
• RUNAAWITT, + mark, (Seal.)
• WAHANGNONAWITT, † mark, (Seal.)
• ROWLS, × mark, (Seal.)

Signed, Sealed, and Delivered in presence of us

• WADERGASCOM, ‡ mark.
• MISTONABITE, § mark.
• JOHN OLDHAM.
• SAM. SHARPE.

Memorandum. On the 17th day of May, one thousand six hundred twenty and nine, in fifth year of the reign of our sovereign Lord Charles, king

of England, Scotland, France and Ireland, defender of the faith, &c. Wahangnonaway sagamore of Squamsquott in Piscattaqua river, did in behalf of himself and the other sa|gamores aforementioned then present, deliver quiet and peaceable possession of all the lands mentioned in the within written deed unto the within named John Wheelwright for the ends within mentioned, in presence of us Walter Neal governor, George Vaughan factor, and Ambrose Gibbons trader, for the company of Laconia, Richard Vines, go|vernor, and Richard Bonighton assistant, of the plantation at Saco; Thomas Wiggin agent, and Edward Hilton stew|ard, of the plantation of Hilton's Point, and was signed, sealed, and delivered in our presence. In witness whereof we have hereunto set our hands the day and year above-written.

• ...Richd. Vines,
• ...Rich. Bonighton,
• ...Tho. Wiggin,
• ...Edward Hilton,
• ...Wa. Neale,
• ...George Vaughan,
• ...Ambrose Gibbons.

Recorded according to the original found on the ancient files for the county of York,

this 28th day of Jan. 1713.

per JOS. HAMMOND, Reg.

A true copy from York county records of deeds, &c. lib. 8. fol. 16. &c.

Att. DAN. MOULTON, Reg.

Corrected by a copy on file in the superior court of New-Hampshire, in the case of Allen vs Waldron; which copy is attested by the above named Jos. Hammond.

No. II. An original letter from Thomas Eyre one of the adventurers or company of Laconia to Mr. Gibbons their factor.

Mr. Gibbins,

London the last of May, 1631.

YOURS of the 8th April 1630, from Plimouth I receiv|ed and thereby tooke notice of your entertaining Roger Knight; and here I present his wife 20 s. pr. quarter at your desire and 3 l. 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 adventures desire not to be troubled with quarterly payments.

Your next to me is dated the 21st of July last at Pascataquacke, I take notice of your complaints for want of the trade goods, and somuch 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 lre to me is dated the 14th of August, by which I

perceive divers of the commodities and provisions which you car|ried 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 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 bords at all times readie. I hope you will find something to relade both the Pide-Cowe and the Warwicke. I will now put on the sending of you the moddell of a saw-mill that you may have one going.

Your wife and children, Roger Knight's wife and one wife more we have alredy sent you, and more you shall have as you write for them.

Another lre 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, now we begine to take hearte agayne, but the sight of re|turnes will be that which will indeede put life into us.

Among my New-England records I find your lre unto Capt. Mason of the 14th August last, wherein you give a good account of your times spent from the first of June untill 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. lres 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. III. An original letter from the company to Gibbins.

Mr. Ambrose Gibbons,

London 5th Decemb 1632.

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 adventurers here have bine soe discouraged by reason of John Gibbes ill dealing in his fish|ing

voiage, 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, untill 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 houshold, onlie such as will or canne live of themselves may stay upon our plantation in such convenient places as Captain Neale Mr. Godfrie and you shall thinke fitt; and after conference had with Captain Neale they shall have a reasonable quantity of land graunted unto them by deed.

Wee praie you to take care of our house at Newichwannick and to looke well to our vines, also you may take some of our swine and goates, which wee pray you to preserve. Wee have committed the cheife care of our house at Pascattaway to Mr. Godfrie and written unto Mr. Warnerton to take care of our house at Strawberry-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 ad|venturers are willing to pleasure you not only in this, in re|gard of the good report they have heard of you from tyme to tyme, but alsoe after they have conferred with Captain Neale they determyne some further good towards you for your fur|ther incouridgment.

Wee desire to have our fishermen increased, whereof wee have written unto Mr. Godfrye. Wee thank you for assisting John Raymond, wee pray you still to be helpful to him that so he may dispatch and come to us with such retourne as he hath▪ and if he hath any of his trade goods remayning unsold wee have willed him to leave them with you and we doe hereby pray you to receive them into your custody and to put them off with what conveniency you canne, and to send us the retournes by the first shipp that comes. Thus we commend you and your wife to the protection of the almightye.

Your loving friends,

• ...John Mason,
• ...Henry Gardiner,
• ...Geo. Griffith,
• ...Tho. Wannerton,
• ...Tho. Eyre, for my children.

No. IV. Copy of a letter from Gibbins to the company.

AFTER my umble duty remembred unto your worships, I pray for your good health and prosperity. These are certifying your worship for the goods I have received from

you. I have delivered unto Mr. John Raymon 76lb and 4 ounses of beaver, 10 otters, 6 musquashes and on martin more, that Captain Neale had 358lb and ii ounzes of beaver and ot|ter, 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 sa|tisfaction 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.

No. V. Copy of another from Gibbins to the company.

Newichwanicke, July 13, 1633.

RIGHT honourable, right worshippful and the rest, my humble servis rembred. Your letter dated the 5th of December and Mr. Ares letter the third of April I received the seventh of June. The detaining of the former letter hath put you to a great charge in the plantation. For my care and paines I have not thought it much although I have had very 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 is there any amity betwixt the West cuntrimen and them. Bristo or Barnstable is very convenient for your fishing shipes. It is not enough to sit out shipes to fish but they must be sure (God wil) to be at their fishing place the beginning of February and not to come to the land when other men have half their viage.

Mr. Wanerton 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 Newichwanicke, I seeing the necessity wil doe the best I can there and elsewhere for you until I hear from you againe. Ad|vise I have sent but not knowing your intentes I cannot wel enlarge but I refer you to Mr. Herbert and Mr. Vaughan. For my settlement at Sanders-Point and the further good you in|tend 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 little; a plantation must be furnished with cattle and good hir'd hands and necessaries for them and not thinke the great lookes of men and many words wil be a meanes to raise a plantation. Those that have been here this three year som 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 corn; 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 barrels of beare and two barrels and four booshel of malt, our number commonly hath bin ten. I nor the ser|vantes have neither mo••••y nor clothes, I have bin 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 〈◊〉〈◊〉 have for their wages until the first of March four pounds per peese and the other for the yeare six pounds which in your behalf I have promised to satisfy in mo|ney or bever at ten shillings per pound. If there were necessa|rys for them for clothing there would not bee much for them to receave. 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 in ground for corne and garden. I have digged a wel within the palizado, where is good water, I have that to close with timber. More men I could have and more employ, but I rest thus until I heare from you. The vines that were planted will com to little, they prosper not in the ground they were set, them that groo na|tural are veri good of divers sorts. I have sent you a note of the beaver taken by me at Newichwanicke, and how it hath gon from me. George Vaughan hath a note of all the trade goodes in my custody of the old store John Ramon's and George Vaugh|an's accomtes, but the beaver beinge disposed of before I could make the devident I canot see but it must be all onpackt and be devided by you. The governor departed from the planta|tion the fifteenth of July in the morning. So for this time I end, committing you to the protection of the Almighty and ever rest your loving servant,

AMBROSE GIBBINS.

No. VI. Copy of a letter from Neal and Wiggen relating to a division of the lands at Pascataqua, 1633.

Much honoured,

IN obedience to your commands have survaied the river from the mouth of the harbor to Squamscutt falls, liquise 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 Pascataway and the remain|der will make another good towne having much salt marsh in it. And because you would have foure townes named as you desired wee have treated with a gentleman who has purchased a trackt of land of the Indyans at 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 bac|ward 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 one North ham and Ports|mouth the other. Bounded as followeth, viz. Portsmouth runes from the harbor's mouth by the sea side to the entrance of a little river between two hed lands which we have given the names of the Little Bore's-hed, and the Grete Bore's-hed, and from the mouth of that little river to go on a strait line to the aforesaid creeke which we have named Weelewrights 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 between 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 meete with Portsmouth line neere Wheleright's creeke 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 com|pany of Laconyah and the pattent of Bluddy poynt the river running so intrycate, and Bluddy poynt pattent bounds from thence to Squamscutt falls to run three miles into the woods from the water side. But for your better understanding there|of wee have sent you a draft of it according to our best skill of what we know of it at present, and have drawn a dividing line 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 pattent. If what wee 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 sub|scribe ourselves,

Your devoted and most humble servants,

• WALTER NELE,
• THOMAS WIGGIN.

North-ham on Pascataway river, in New-England, 13 August, 1633.

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. governor of Portsmouth to be communicated to the pat|tentes of Laconiah and Hilton's point, is a trew copia compar|ed with the originall. And further wee doe affirme that there was foure grete gunes brought to Pascataqua which ware given by a merchant of London for the defence of the river, and at the same time the Earle of Warwicke, Sr Ferdenan•••• Gorges, Capt. John Mason and the rest of the pattentees sent an order to Cap. Walter Nele and Captn. Thomas Wiggin ther agents and governor at Pascataway to make choise of the most conveni|ent place in the said river to make a fortefecatyon for the de|fence 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 allotted it so far backe into the island about a bow-shoat to a grete high rocke whereon was intended in time to set the prin|cipall forte.

That the above is all truth wee affirme, and by the desire of Capt. Walter Nele and Capt. Thos. Wiggen wee have order|ed this wrighting to ly in our files of records of their doings therein. In 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.)

No. VII. An original letter from Sir F. Gorges and Capt. Mason to Messrs Wannerton and Gibbins.

Mr. Wannerton and Mr. Gibbons,

THESE are to let you know that wee with the consent of the rest of our partners have made a division of all

our land lying on the north-east side of the harbor and river of Pascattaway; 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 owne landes at our owne charge, but have given di|rection to invite and authoritie to receive such others as may be had to be tenants, to plant and live there for the more speedie peopling of the countrie. And whereas there is belonging unto me Sr Ferdinando Gorges, and unto Capt. Mason for himself and for Mr. John Cotton and his deceased brother Mr. William Cotton, both whose interests Capt. Mason hath bought, the one halfe of all matters mentioned in the inventorie of hous|hold stuffe and implements left in trust with you by Capt. Neale, whereunto you have subscribed your names and where|of 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 in kinde, or if some of them cannot be so divided then the on halfe to be made e|quall to the other in valew of all the saied matters, except the cattell and suites of apparell and such other things as belong perticularly to Capt. Mason, and to deliver the said one halfe of all the saied matters soe to be divided, unto Mr. Henry Jo|celyn for the use of our plantations, taking an inventory there|of under his hand of all you shall soe deliver hime, and making certificate to us thereof. And for your soe doeing this shall be your suffitient warrant and discharge. And soe we rest,

Your verie lovinge friends,

• FERDIN. GORGE,
• JOHN MASON.

Portsmouth, Maye 5, 1634.

No. VIII. An original letter from Capt. Mason to Gibbins.

Mr. Gibbins,

THESE people and provisions which I have now sent with Mr. Jocelyne are to sett upp two mills upon my own division of landes lately agreed upon betwixt our adven|turers; 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 busines (albeit hither|to it hath bene unprofitable) should be subject to fall to the ground. Therefore I have strayned myselfe to doe this at this

present, and could have wished that the rest would have joyn|ed to have sent you some provisions for trade and support of the place, but that faileing I have directed to you as a token from myselfe one hogshead of mault to make you some beare. The servants with you and such others as remaine upon the companies chardge are to be discharged and payed their wages out of the stocke of beaver in your hands at the rate of 12 s. the pound, whereof I thinke the company will write you more at large. And wee have agreed to devide all our movables mentioned in the inventory that Capt. Neale brought home, which were left in trust with you and Mr. Wa••nerton. I bought Mr. Cotton's and his brother's parte of all their ad|ventures; so that the halfe of all belonges to Sr Ferdinando Gorges and myselfe, and of that halfe three quarters wil be dewe to me and one quarter to Sr Ferdinando. These things being equally divided they are 〈◊〉〈◊〉 be delivered to Mr. Joceline, my three partes of the halfe, ••nd 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 in|crease, some ground to be uppon till wee have some place pro|vided upon my new divided land, or that you receive my fur|ther order. A copie of the division of the landes 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, where|in I must crave your helpe and such satisfaction as may be sent by this shipp.

The christall stoanes you sent are of little or no valew unless they were so great to make drinking cuppes or some other workes, as pillers for faire lookeinge glasses or for garnishinge of rich ca|binets. Good iron or lead oare I should like better of if it could be found.

I have disbursed a great deale 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 re|imbursed again. I pray you helpe themr 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 hear from you of all matters necessary, and wherein I maye doe you any pleasure I shall be reddie, and so with my heartie commendations,

I rest your verie loveing friend, JOHN MASON.

Portsmouth, May 5th, 1634. (Received 10th July, 1634.)

No. IX. Answer to the foregoing.

SIR,

YOUR worship have done well in setting forward your plantacon, and for your milles they will prove benefici|al unto you, by God's assistance. I would you had taken this coorse sooner, for the marchants I shall be very cant you se 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 dayes 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.

I have received the hogsd. of mault that you sent me, give|ing you humble thanks for the same. The servants that were with me are discharged and payd 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 pay|ing of the servants there old wages or the dividing of the goods I expect a general 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 onely reed. of Capt. Neale 4 bushells of mault and at several times 8 gallons of sacke, and from Mr. Wannerton 7 bushells and 1 peck of mault, 5 lb. and ½ of sugar and 3 pr. of children stockings and 97 lb of beefe which was of an old cow that Mr. Wannerton killed, being doubtfull that she would not live over the winter. For these I will pay Mr. Jocelin for you.

I percieve 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 of Julie, the 13th day she cast anchor some halfe a mile from the falls, the 18th day the shippe unladen, the 10th fell downe the river, the 22d day the carpen|ters began about the mill, the 5th of August the iron stoane taken in the shippe. There is of 3 sorts, on sort 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, be|fore it goeth into the furnace and what the stone of such weight

and measure will yeeld in iron. This that 'e take to be the best stone is one mile to the southward of the great house* 1.2, it is some 200 rodd in length 6 foote wide, the depth we know not, for want of tools 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 quarters 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 cattel in England, and the goats prove some of them very well both for milk and breed. If you did send a shippe for the Western Islands of six 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 works for boats and pinaces, twine canvis, needles and cordage, pitch and tarre, graples, ankers, and necessarys for that purpose.

Sr, I have written unto Mr. John Round to repair unto 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 dwelleth in Mogul 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 mineralls; 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 bords and pipe staves. A good husband with his wife to tend the cattle and to make butter and cheese will be profitable, for maides they are soone gone in this country. For the rest I hope Mr. Jocelyn for your own particulars will satisfye you for I have not power to examen it. This with my humble service to your worship, I rest,

Newichawanock, the 6th of August, 1634.

Your ever loving servant, AMBROSE GIBBINS.

No. X. An original letter from G. Vaughan to Mr. Gibbins.

Mr. Gibbens,

Boston, Aug. 20, 1634.

WE only wait 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 mee incouradg|ment hope shall see you againe the next yeare. Lookeing over my papers found the inclosed, it being the divisyon of the

townes, and the copia of what Capt. Nele and Capt. Wiggens wroat hoome to the pattentes of Laconiah and Hilton's Point. It may be of som use to you hereafter, therefore sent it you, leste Capt. Wiggens should make another bluster. Which with my kind love to you and your spouse and little Beck,

I am your assured frend, GEORGE VAUGHAN.

No. XI. Another from the same.

Loving frend Gibbens,

London, 10th April, 1636.

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 Ferdinando Gorges and the other owners, but they gave me no incouradgment for New-England. I acquainted them ful|ly of what you and I discoursed, but they were quite could in that matter, Mr. Mason being ded and Sr Ferdinando mind|ing only his one divityon. He teles me he is a geting a pat|tente for it from the king from Pascataqua to Sagadehocke, and that betwene Meremacke and Piscataqua he left for Mr. Mason, who if hee had lived would a tooke a pattent for that also, and so I supose the affairs of Laconia is ded also. I intend to goe for the Este Indyes, a frend of mine have made mee a very good proffer and I thinke to take up with it. Which is what offers at present. Thus with my kind love to you and your wife and daughter,

I am your loving frend, GEORGE VAUGHAN.

N. B. The ten preceding papers 〈◊〉〈◊〉 the recorder's office for Rockingham county.

No. XII. Copy of a report of a Committee of Reference on the petition of Rob. Mason, Edward Godfrey, and others to the king, [in 1661.]

To the Kinges most excellent Majestie,

ACCORDING to your majesties reference upon the pe|tition of Robert Mason, Edward Godfrey, and others, hereunto annexed, bearing date at Whitehall the seventeenth of November 1660, wee have heard the claimes and complaints of the peticoners, and also summoned by process publicquely executed att the Exchange on the 21st day of January last a|gainst all persons interested in that business, but none appear|ed but Capt. Jno. Leverett, who acknowledged that former|ly

hee was commissionated as an agent of the corporacon of Boston in New-England, but that now he had noe authority to appeare or act on their behalf.

Upon producing of divers letters pattents and examinacon of witnesses, wee finde, that Capt. Jno. Mason, grandfather to Robert Mason one of the peticoners, and Edward Godfrey another of the peticoners, by virtue of several letters pattents under the great seale of England granted unto them and others by your majesties late royal father, by themselves and their assignes have been in actual and quiet possession of several tracts, parsells and divisions of land in New-England, as in and by the said letters patents is particularly expressed, and that the said Capt. Jno. Mason and the said Edward Godfrey did expend and lay out considerable sums of money in settling plantacons and collonys there; That the said Edward Godfrey has lived there for five and twenty yeares, having undergone and dis|charged the office of governor of the province of Mayne with much reputacon of integrity and justice, endeavouring the re|gulacon and government of those partes where he lives accord|ing to the known and settled lawes of this kingdome; That notwithstanding, the said Edward Godfrey has not only been turned out of his said place of governor, butt has been utter|ly outed and dispossessed of his lands and estate in that country, which the inhabitants of the Massachusetts have forcibly seized and still doe detayne the same from him; That it appears as well by testimony of witnesses as by a coppy of the letters pat|tents that they were not to act any thing repugnant to the lawes of England, nor to extend their bounds and limits of the said corporacon farther than three miles northward of Merrymacke river, and as a memorial and evidence thereof, the governor of the Massachusetts did sett up an house about thirty yeares since, which is called the bound house, and is knowne by that name to this day, and with this division and assignment or lort of land the inhabitants and pattentees of the said corporacon 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 be|yond their known and settled bounds aforesa••d; and have thereby not only invaded and incroached upon the plantacons and inheritances of the petitioners and other your majesties subjects, but by menaces and armed forces compelled them to submitt to their usurped and arbitrary government which they have declared to be independent of this your majesties crowne of England, and not subordinate thereunto.

It appears further by the witnesses that the collony of Mas|sachusetts has for these many years past endeavoured to modell and contrive themselves into a free state or commonwealth without any relacon to the crowne of England, assuming on themselves the name and stile of a commonwealth, issuing of writs in their owne name, imposing of oathes to be true unto themselves contrary to ••hat of allegiance, coyning of money with their owne stamps and signatures, exercising an arbitrary power over the estates and persons of all such as submitt not unto their government allowing them noe appeales to Eng|land. And some have been soe bold as publiquely to affirme, that if his majestie should send them a governor, that the se|verall townes and churches throughout the whole country un|der their government did resolve to oppose him, and others have said that before they of New-England would or should submitt to any appeale to England they would sell that coun|try or plantacon to the king of Spaine* 1.3.

That by reason of the premises the said Rob. Mason and Edward Godfrey have beene damnified in their plantacons and estates to the value of five thousand pounds, according to the judgment and estimacon of severall witnesses, examined in that behalfe. But by what pretence of right or authority the Mas|sachusetts have taken uppon them to proceede and act in such manner doth not appeare to us.

All which we most humbly represent to your majestie in duty and obedience to your commands, not presuming to of|fer any opinion in a business of soe high importance, wherein the publique interest and government of your majestie appears soe much intermixt and concerned with the private interest of the peticoners.

• ...Robt. Mason,
• ...Ja. Bunce,
• ...Th. Exton,
• ...G Sweit,
• ...Richard Foxe,
• ...Jo. Mylles.
• ...Tho. Povey.

[Without date] in the recorder's office for Rockingham county.

No. XIII.

To the King's most excellent Majesty. The humble petition of Robert Mason, proprietor of the pro|vince of New-Hampshire, in New-England, Sheweth,

THAT your majesty's royal grandfather king James, of ever blessed memory, did by his highness letters patents under the great seale of England, bearing date at Westminster

the third day of November, in the eighteenth yeare of his reigne, give, grant and confirm unto several of the principal nobility and gentry of this kingdome by the name of the councell of New-England, their successors and assignes forever, all the land in America lying between the degrees of 40 and 48 north latitude, by the name of New-England, to be held in see, with many royal privileges and immunities, only paying to his ma|jesty, his heirs and successors, one fift part of all the oare of gold and silver that should at any time be found upon the said lands, as by the said letters patents doth at large appeare.

That John Mason, esq. your petitioner's grandfather, by virtue of several grants from the said councell of New-Eng|land, under theire common seale, bearing date the 9th of March 1621, the 10th of August 1622, the 7th of Novem|ber 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, lyeing upon the sea-coast between the rivers of Naumkeek and Patcataway, 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 halfe of the Isles of Shoals; and also the said John Mason together with Sir Ferdinando Gorges, knt. was enfeoffed by the afore|said councell of New-England in other lands by the name of Laconia by their deed beareing date the 27th day of Novem|ber 1629, the said lands lyeing 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 beneficial manner and forme to all intents and pur|poses whatsoever as the said councell of New-England by vir|tue of his majesty's said letters patents might or ought to hold and enjoy the same, as by the said several grants appeares.

Whereupon your petitioner's said grandfather did expend upwards of twenty two thousand pounds in transporting peo|ple, building houses, forts, and magazines, furnishing them with great store of armes of all sorts, with artillery great and small, for defence and protection of his servants and tenants, with all other necessary commodities and materialls for establish|ing a settled plantation.

That in the year 1628, in the fourth yeare of the reigne of your majesty's royal father, some persons did surreptitiously and unknown to the said councell, get the seale of the said coun|cell affixed to a grant of certaine lands, whereof the greatest part were solemnly past unto your petitioner's grandfather and others long before, and soone after did the same persons by

their subtil practises get a confirmation of the said grant under the great seale of England, as a corporation by the name of THE CORPORATION OF THE MASSACHUSETTS BAY IN NEW-ENGLAND, your majesty's royal father be|ing unwitting thereof, and having thus by fraud obteyned a grant and confirmation, they compelled the rightfull inhabi|tants to desert their plantations, and by many outragious ac|tions they became possessed of that part of the country, de|clareing themselves to be a free people, frameing to themselves new lawes, with new methods in religion absolutely contrary to the lawes and customes of this your majesty's realme of England, punishing diverse 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 eares of your royal father, his magesty caused the whole matter to be examined before his most honourable privy councell and all being fully proved, his majesty did command the councell of New-England to give an account by what authority, or by whose procurement those people of the Massachusetts Bay were sent over, his majesty concieving the said councell to be guilty thereof.

But the said councell of New-England made it plainley to appear to his majesty that they were ignorant of the whole matter and that they had noe share in the evills committed and wholly disclaimed the same, and the said councell finding they had not sufficient means to give redress and rectify what was bro't to ruine, they humbly referred to his majesty to doe therein as he pleased and thereupon the said councell of New-England resolved to resign, and did actually resigne the great charter of New-England into his majesty's royal handes, seeing there was an absolute necessity for his majesty to take the management of that country to himself, it being become a bu|siness of high consequence and only to be remedied by his so|vereign power, all which appears by the declaration of the councell of New-England dated the 25th of April, 1635, to|gether with the act of surrender of the great charter of New-England dated the 7th day of June, the same year

That immediately thereupon, his majesty in trinity terme 1635, caused a quo warranto to be brought up by Sir John Banks his majesty's then attorney general against the governor, deputy governor and every of the assistants of the said corporation of Massachusetts in New-England severally, according to their names mentioned in the said patents of incorporation, being

twenty six persons, whereof two being dead, of the remayning twenty four persons, there did fourteen at several times appeare at the king's benchbar and there disclaimed the charter, the re|maining tenn persons were outlawed, and thereupon judgment given for the king, that the liberties and franchises of the said corporation of Massachusetts Bay should be seized into the king's handes and the body of the governor to be taken into custody for usurping the said liberties, all which appears by the roles in the crown office, of custos brevium for the king's bench of the proceedings in the severall terms from the yeare 1635 to 1637.

That thereupon his said royall majesty on the 3d day of May 1637, did order in councell that the attorney genl. 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 yeare of his reigne declared his royal pleas•••••• for establishing a generall government in his territory of New-Eng|land for the prevention of the evils that otherwise might ensue for default thereof, thereby declaring Sr Ferdinando Gorges to be governor generall of the whole country and requiring all persons to give theire obediance accordingly.

That the warrs and troubles immediately ensueing in Scot|land and p••esently after here in England did hinder his said majesty from settling that country or prosecuting the right which he intended his subjects, however the proceedings of his majesty caused some restraint to the further violences and op|pressions of the said Massachusetts, and they conteyned them|selves for a time within their pretended bounds but noe sooner was that king of blessed memory your royal father become a sacrifice but they renewed theire former violences by oppres|sing all the other colonies and designeing by encouragement from some in England to erect themselves into a common|wealth, and in order to lay a foundation for this power and dominion which they now aspired unto they thought it neces|sary to extend theire bounds and spread into a larger territory then 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 aforesd.) and therein weighing the words and trying what new sence they might beare more suteable to theire increase of power, they tho't fit at length to declare themselves mistaken in what they had done in the year 1631, when they erected bound-houses and had for soe many yeares confined themselves thereunto, whereas now by the help of an imaginary line or rather by a new reason of

state there is a sence imposed by themselves upon theire own words, and they stretch their rights to neer two hundred miles of land northward and as much southward more than they were satis|fied withal before, swallowing up your majesty's 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 petitioner, besides what they did to others, compelling the inhabitants to swear to be true to them and to cast off their lawful lords, and such as re|fused were either ruined, banished or imprisoned, and any ap|peales to England utterly denied unto them, then they proceed to coining of money with their owne impress, raising the coine 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 Mas|sachusetts 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 noe restitution could be obtayned without a submission to their authority, and to hold the lands from them which the petitio|ner then did refuse and hath alwaies refused chusing rath•••• to wait for more happy times wherein to expect reliefe then b•• a legall resignation of his rights to those who had none at all divest himself of what his ancestors had purchased at soe deare a rate: Your petitioner having a•• eaquall a right to the govern|ment 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 beare while hee has the protection of soe just and gracious a soveraigne to resort unto.

Wherefore your petitioner most humbly implores your ma|jesty to take notice, that (by a plaine discovery of what fraud in the beginning and the length of troubled times has helped to conceale) the Bostoners have noe patent of incorporation at all, that yet they have under colour of right and authority from the crown devoured your petitioner and other proprietors whose titles are by your majesty's learned councell allowed as strong as the law can make them.

That all waies have been tryed and methods used to obteyn justice from the Bostoners, but all have proved ineffectuall,

that your petitioner's losses have been soe many and great, and his sufferings soe continued that he cannot any longer support the burthen of them. And when your majesty will but con|sider how small the respect has been wherewith those people have treated your majesty since your happy restauration, and what daily breaches are by them made upon your majesty's acts of navigation, which turnes so greatly to the detriment of this kingdome in generall, these losses and sufferings of a particular subject cannot much be questioned, soe that your petitioner humbly hopes that your majesty will think it high time to stretch forth your royall hand of justice to assist your petitioner, that hee may have the quiet possession of his province, and re|paration made him for the losses susteyned, in such ways and methods as the importance of the case requires, and your ma|jesty in your royall wisdome shall think most fitt.

And your petitioner shall ever pray. ROB. MASON.

[From a copy in the possession of the Masonian proprietors.]

XIV. A brief declaration of the right and claim of the governour and company of the Massachusetts Bay in New-England, to the lands now in their possession, but pretended to by Mr. Gorge and Mr. Mason, together with an answer to their several pleas and complaints in their petitions exhibited: Humbly presented and submitted by the said governour and compa|ny to the king's most excellent majesty, as their defence.

IN the yeare of our Lord 1628, in the third yeare of his late majesty 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 of land lying in New-England, described and bounded as therein expressed; which was in all respects fairly and openly procured and with so good an intent of propagating the gospel among the natives, and to advance the honour and dignity of his late majesty, of happy memory, that they were bold to supplicate his said ma|jesty to superadd his royal confirmation thereto, which ac|cordingly in an ample royal charter was passed and remains under the broad seal of England, March the 4th 1629, in the fourth year of his majesties reign, with further additions and enlargements well becoming so royal a majesty, and suitable for the encouragement of so hazardous and chargeable an ad|venture. In pursuance whereof many of the said patentees and other adventurers transported themselves and estates and settled

in the most known and accommodable parts of those lands con|tained in the said charter, neither time, estate, nor power suf|fering them speedily to survey the just extent of their limits. Not many years different in time several others also of his ma|jesty's subjects obtained other grants, and made several settle|ments in the more northern and easterne parts of the country, with whom for several years we had neighbourly correspond|ence, 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 darke involv'd and dubious expression of their limits, brought the inhabitants under many inta••••••••|ments and dissatisfactions among themselves, which there 〈◊〉〈◊〉 no settled authority to be applied to, being deserted and for|saken of all such as by virtue of said grants did claim jurisdic|tion over them and had made a successless essay for the settle|ment of government among 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 running of Merrimack river hindred our actual claim and extention of government, yet at length being more fully settled, and hav|ing obtained further acquaintance and correspondency with the Indians possessing the uppermost parts of that rivre en|couraging an adventure, as also frequent sollicitations from the most considerable inhabitants of those eastern parts earnestly desiring us to make proofe of and ascertain our interest, we imployed the most approved artists that could be obtained, who upon their solemn oaths made returns, That upon their certain observation our northern patent line did extend so far north as to take in all those towns and places which we now possess; which when the inhabitants as well as our selves were satisfied in (urged also with the necessity of government a|mongst them) they peaceably and voluntarily submitted to the government of the Massachusetts, (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 letter of Mr. Gorge, and after|wards in the year 1665, (when his majestyes commissioners, Colonel Nichols and others came over) the inhabitants of those parts lived well satisfied and uninterrupted under the Massa|chusets government. But then the said commissioners neither

regarding the Massachusets just right nor the claims of Mr. Gorge and Mr. Mason, settled a new forme of government there, but this hardly outlived their departure, the people im|patient of innovations, and well experienced and satisfied 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 where|of and justification of our proceedings therein and vindication of our selves from the reproachful imputation of usurping au|thority over his majesties subjects in the easterne parts pretend|ed to, with other scandals cast upon us by the petitioners, we humbly present the following pleas by way of demonstration, and argue that our extension of government to those eastern parts claimed is agreeable to our indubitable patent right; our patent according to the express terme therein contained with|out any ambiguity or colour of other interpretation, lyes be|tween two east and west paralel lines drawn from the most south|erly part of Charles river and the most northerly part of Merri|mack, with three miles advantage upon each, which upon the observation of men of approved and undoubted truth upon oath, are found distant one degree and forty nine minutes north la|titude, being to extend in full latitude and breadth from sea to sea (ut in terminis) and therefore cannot be bounded by many hundreds or infinite numbers of lines, as the river of Merri|mack maketh bends or angles in two hundred miles passage from Winipesioke lake to the mouth thereof, which to ima|gine, as it is irrational so would it involve us and any borderer into so many inextricable disputes as are by no wayes to be admitted by a prince seeking his subjects peace. Besides were such a construction allowable (which with uttermost streining is) yet all favourable interpretation is to be offered the paten|tees by the gracious expression of the charter. Now accord|ing to the afore mentioned observation (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 their selves, and if any question thence arise we feare not to submit to tryal 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 frivolous and insig|nificant allegations of the petitioners in opposition thereunto, viz. 1st. The nonextention 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 in so hideous a wilderness possessed by an enemy would be the worke of a few year, our own poverty not affording means, and our weakness (〈…〉〈…〉 adventure into the country) permitting us not to ••ew the 〈…〉〈…〉ning of the river, which none can imag•••••• ••ltered its 〈…〉〈…〉 our delay; we may as well be deprived of far more then we po••••••ss or ever saw on our western 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 in Hampton, of so little signifi|cation 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 north|ward of our then habitations upon the bay, though we did not know the uttermost extent of our right, our fathers not being so ignorant of the law of the realme to which th••y did apper|tain as to suppose the taking possession of part did debar them of the remainder but the contrary; and we challenge Mr. Ma|son or any on his behalfe, promising our records shall be open to the most scrutinous search to prove it, either called or intend|ed according to his abuse thereof.

3dly. That notorious falshood of stretching our right to near four hundred miles north and south more then formerly we were satisfied with, our whole breadth being but one hun|dred and nine mile, which is not much more then a quarter part of what he would have the world believe our new claime and (as he would insinuate) usurped territory doth contain, arising (we would charitably believe) partly from ignorance of the coasting of the country, Mr. Mason accounting by the sea-side, and we suppose coasting in the measure of every har|bour and cove to make up that calculation, 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 intro|duce into his majestie his royal breast a beliefe that we are un|reasonable in our pretentions, and so unworthy of his majesties favour, 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 presented. We urge secondly, The invalidity of those grants pretended to by the petitioners, which are of two sorts; 1st. Such as beare date after ours, which we see no reason to feare any interruption from. Secondly, Such as are pretended to bear date before ours, against which we object that they are

not authentick, wanting a sufficient number of grantors to make them so, none of them as we presume will appeare upon tryal having above six hands and seals annexed to them, the said council of New-England consisting of forty, and his ma|jestys grant to them expressly requiring (as we are informed) seven at the least to signe to make any valid act; and indeed Mr. Mason's own often unwearied renewal of his grants in 1621, sixteen hundred twenty two, sixteen hundred twenty nine and 1635, (as he saith) tacitly confesseth the same invalidity, in the former puting him to charge for the latter, till at last he fell into such a trade of obtaining grants that his last and most con|siderable was six years after the grant of our charter from his majesty, and but three dayes before the said council's declara|tion of their absolute resolution to resign, and but a few days before their actual surrender, as he asserts; which of what va|lue and consideration it is from the said council's circumstanced under a necessity of resignation of their great charter, procur|ed rather by the clamour of such ill affected persons as the pre|sent complaint than by any true accompt of dissettlement or ill management here, is not difficult to judge. Hence it appears, first, how little reason Mr. Mason hath to brand us with fraud or surreptitiousness in obtaining our charter; which hath most shew of fraud and surreptitious procuration, a sufficient num|ber of those honble persons subscribing ours and fewer his pre|tended antidated grants, is easie to determine. In which as|sertion is to be observed the high reflection cast upon the mem|bers of his late majesty and ministers of state, groundlessly rendring the council's seal, yea the great seal of England, ex|posed to fraud and deceitful clandestine practices; yea upon his present majesty, insinuating himselfe better acquainted with matters of state then he who allows and confirmes our grant as authentick by his gracious letter of sixteen hundred sixty two, which intolerable boldness how unbecoming (not to say more) in a subject, it is not easie for us to say. To all which we may add Sr Ferdinando Gorges application to the authority here to interpose in his affair, which he, being one of the great council, would have been far from acknowledging, had Mr. Mason's allegations been founded upon truth.

Secondly, That articles of charge depending upon such il|legal and post dated grants cannot take place against us were their disburse as great as it is affirmed, which by eye witnesses upon the place and stil living, are proved comparitively very inconsiderable.

3dly. We affirme that the whole management of the affair

respecting our government of those eastern parts was in an or|derly and peaceable way, and not without the reiterated and earnest sollicitation of most of the people there inhabiting, suf|ficiently appearing by their several petitions; and we chal|lenge Mr. Gorge and Mr. Mason by any living evidence or re|cord to shew any signe of a forceable entrance: Some majistrates upon the clearing of our right to them and acceptance of the tender of themselves to us, being sent thither without any o|ther force than each of them a servant to attend them. Indeed some years after Capt. Boniton for mutinous carriage was seiz|ed and brought to justice; concerning which and many other cases many inhabitants yet living and eye wittnesses can give the most impartial evidences.

4thly. We offer to consideration that the deserted and un|govern'd state of the people of those places had we not had that patent right so clearly evinced, might warrant our actions; especially considering the obligation upon us to secure his ma|jesty's honour and maintain the publick peace, so hazarded by the total want of government amongst them. Our first exer|cise of jurisdiction being in the year 1641, eight year after Capt. Neale, agent for Mr. Mason, had wholy 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 Eng|land, the short time of his tarriance not admitting of settle|ment of government or improvement. We may hereto subjoin that Mr. Joseph Mason, agent for Mrs. Ann 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 Sr Ferdinando Gorges his grant being so mean and uncertainly bounded that he knew not well how to find much less to improve to consi|derable advantage, by his letter bearing date—doth devolve the whole charge and care of his pretended province upon the authority here established. Lastly, That the exer|cise of jurisdiction in those eastern parts hath been and is his majesty's honour, the people's great benefit, and our charge without profit, which had it not been, the ruine of those parts would have unavoidably ensued in the want of all government, and their seizure by the French, who ever waited a fit oppor|tunity for the same. They have part of them for thirty five years and others twenty yeares (some small interruption inter|vening producing the stronger inclination and resolution in

them to be constant to his majesties authority here) lived un|der the government of the Massachusetts a quiet, well ordered and thriving people. And as for any complaint from ill af|fected p••ersons, it is well known that the best and wisest go|vernment is not without disquiet from some such; and no wonder if silly people are soon affected with such fair glozing promises as Mr Mason hath made and published, as it were determining the case before tryal by his late letters to the in|habitants in those parts, and that our government in those places have been no gain is so unquestionable a truth that ne|ver was any levy laid upon them for the supply of the publick treasury, tho' much hath been and is further like to be ex|pended for their security, who otherwise will inevitably become an easie prey to the hea••h••n now in hostility with us, and at this present time rageing in those parts.

Th•••• 〈…〉〈…〉 is 〈◊〉〈◊〉 copy transcribed from the re|cords of the general court of the late colony of the Massachusetts Bay, held by the governour and com|pany of the said colony att Boston, the 6th of Sep|tember, 1676.

Examd. per ISA. ADDINGTON, Secry.

No XV.

At the Court at Whitehall, July 20, 1677.

• (LS.) Present the King's most excellent Majesty.
• Lord Chancellor,
• Ld Treasurer,
• Ld Privy Seal,
• Duke of Ormond,
• Marquis of Worcester,
• Ld Chamberlain,
• Earl of Northampton,
• Earl of Peterborough,
• Earl of Stratford,
• E. of Sunderland,
• E. of Bath,
• E. of Craven,
• Ld Bp of London,
• Ld Maynard,
• Ld Berkley,
• Mr. Vice Chamberlain,
• Mr. Sec. y Coventry,
• Mr. Sec. y Williamson,
• Mr. Chancellor of the Ex|chequer,
• Master of the ordnance,
• Mr. Speaker.

WHEREAS the right honourable the lords of the com|mittee for trade and plantations, did in pursuance of an order of the 7th of February last make report to the board, of the matters in controversy between the corporation of the Massachusetts Bay in New-England, and Mr. Mason and Mr. Gorges touching the right of soil and government, claimed by the said parties in certain lands there, by virtue of several grants from his majesty's royal father and grandfather as fol|loweth, in these words.

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 corpora|tion of the Massachusetts Bay in N. E. 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 con|sideration 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 toge|ther with the said lords chief justices meet in obedience to your majesty's commands, and having heard both parties by their council learned in the law, we did recommend unto their lord|ships to receive a state of the claims made by both parties, and to return their opinions upon the whole matter unto us, which their lordships have accordingly performed in the words fol|lowing:

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 pleased 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 examine any claims to the said lands, it be|ing (in our opinion) improper to judge of any title of land without hearing of the ter-tenants 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 waved the pretence of a grant of government from the council of Plymouth, wherein they were convinced by their own council that no such power or jurisdiction could be transferred or as|signed by any colour of law; the question was reduced to the province of Maine, whereto the petitioner Gorges made his title by a grant from king Charles the first, in the 15th year

of his reign, made to Sir Ferd. Gorges and his heirs of the province of Maine and the government thereof. In answer to this the respondents alledged that long before, viz. in quarto Carol•• pr••mi, the government was granted to them, and pro|duced copies of letters patents wherein it is recited that the council of Plymouth having granted to certain persons a ter|ritory 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 cer|tain other river there called Charles river, being in the bot|tom of a certain bay there called the Massachusetts Bay, and also all and singular the lands and hereditaments whatsoever lying and being within the space of three English miles on the south 〈◊〉〈◊〉 of the said Charles river, or any or every part thereof; and also all and singular the lands and hereditaments whatsoever lying and being within the space of three Eng|lish 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 and 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 〈◊〉〈◊〉 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^o Caroli primi is invalid, (1) Because there was a precedent grant, 18^o Jacobi, of the same thing then in being, which patent was surrendered afterwards and before the date of the other, 15^o Car. primi. (2) The grant of the government can extend no farther than the ownership of the soil, the bound|aries of which as recited in that patent wholly excludes the province of Maine, which lies northward more than three miles beyond the river Merrimack.

We having considered these matters do humbly conceive as to the first matter, that the patent of 4^o Caroli 1^mi is good notwithstanding the grant made in the 18^o Jac: for it appear|ed to us by the recital in the patent 4^o Caroli 1^mi that the council of Plymouth had granted away all their interest in the lands the year before, and it must be presumed they then de|serted

the government; whereupon it was lawful and necessary for the king to establish a suitable frame of government, ac|cording to his royal wisdom, which was done by that patent, 4^o Caroli 1^mi making the adventurers 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^o Caroli 1^mi extends no farther than the boundaries expressed in the patent, and those boundaries cannot be construed to extend further north|wards 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 rivers 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 exposition 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 respecting the continuance of the boundaries by the river as far as the rivers go, but when the known boun|dary of breadth determines 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^o Caroli 1^mi gives no right to govern there, and thereupon the patent of the same 15^o Car. 1^mi to the petitioner Gorges will be valid. So that upon the whole matter we are hum|bly of opinion as to the power of government, that the respond|ents, the Massachusetts and their successors, by their patent of 4^o martis 4^o Caroli 1^mi have such right of government as is granted them by the same patent within the boundaries of their lands expressed therein, according to such description and expositi|on 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 in 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 submit the determination thereof unto your majesty.

• Anglesey,
• Ormond,
• Bath,
• Craven,
• H. London,
• G. Carteret,
• J. Williamson,
• Tho. Chickley,
• 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 councill, who not alledging 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.

N. B. The above paper of which the copy is attested by Edw. Rawson secretary of Massachusetts, and John Penhallow clerk of the superior court of New-Hampshire, is in the files of the said superior court, and in the Masonian proprietary office.

No. XVI. Copy of that part of President Cutts's commission in which the claim of Robert Mason is recited.

"AND whereas the inhabitants of said province of New-Hampshire have many of them been long in possession of several quantities of lands, and are said to have made conside|rable improvements thereupon, having no other title for the same than what has been derived from the government of the Massa|chusetts Bay, in virtue of their imaginary line; which title, as it hath by the opinion of our judges in England been al|together set aside, so the agents from the said colony have con|quently disowned any right either in the soil or government thereof, from the three mile line aforesaid; and it appearing to us that the ancestors of Robert Mason Esq. obtained grants from our great council of Plymouth for the tract of land afore|said, and were at very great expence upon the same until molest|ed and finally driven out, which hath occasioned a lasting com|plaint for justice by the said Robert Mason ever since our resto|ration. However to prevent in this case any unreasonable de|mands which might be made by the said Robert Mason for the right he claimeth in the said soil, we have obliged the said Ro|bert Mason under his hand and seal that he will demand nothing for the time past untill the 24th of June last past, nor molest any in their possessions for the time to come, but will make out titles to them and their heirs forever, provided they will pay to him upon a fair agreement in lieu of all other rents sixpence in

the pound according to the just and true yearly value of all houses built by them and of all lands, whether gardens, orchards, arable, ••o 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 unto himself to be disposed 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 the said Robert Mason upon the terms afore|said, 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 differ|ences if they can that shall or may arise between the said Ro|bert Mason and the said inhabitants, but if they cannot then we do hereby command and require the said president and council to send into England such cases fairely and 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 determine therein according to equity."

N. B. The same (mutatis mutandis) is inserted in Cran|field's commission.

No. XVII.

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 councill of his majesty's province of New-Hampshire, in N. England, Humbly sheweth,

THAT it having pleased your most excellent majesty to seperate us the inhabitants of this province from that shadow of your majesty's authority and government under which wee had long found protection, especially in the late ••ar with the barbarous natives, who (thro' divine protection) proved a heavy scourge to us, and had certainly been the ruin of these poor weake plantacons, (being few in number and o|therwaies being under great disadvantages) if our brethren and neighbours had not out of pity and compassion stretched forth their helping hand, and with their blood and treasure defended us, our lives, and estates; nevertheless upon the re|ceipt of your majesty's pleasure delivered by Edward Randolph, esq. upon the first of January last, directing unto and command|ing the erecting of a new government in and over these four

townes (the government of the Massatusetts yielding readie o|bedience to your majesty's commands with reference to our re|lation formerly to them) altho' deeply sensible of the disad|vantages likely to accrew to your majesty's provinces and our|selves more especially, by the multiplying of small and weake governments unfit either for offence or defence, (the union of these neighbour collonnyes, having been more than a little in|strumental in our preservation.) Wee have taken the oathes prescribed us by your majesty, and administered to your sub|jects of these four townes the oath of allegiance, and convened a general assembly for regulating the common affaires of the people and making o•• such laws as may be of more peculiar use to ourselves, having speciall regard to the acts for trade and navigation set forth in the booke of rates commonly print|ed and sold, and if some obstruction occationed by such as make greate pretences of your majesty's favour and authority had not hindered wee might have brought matters to a greater maturity, yet hope to perfect something by the first opportunity of ship|ping from hence, but feared it might be too long to defer our humble acknowledgment of your majesty's grace and favour in committing the power into such hands as it pleased your ma|jesty to nomynate, 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 majesty or honourable councill, while beside the knowe laws of the realm, and the undoubted right of English men, wee have the favour of a gracious prince to fly to. We do therefore most humbly begg the continuance of your majesty's royall favour and protection, without which wee are dayly liable to disturbance if not ruine.

And as in duty bound wee shall humbly pray, &c.

March 29, 1680.

No. XVIII.

To the kings most excellent majestie.

WEE the president and councill of your province of New-Hampshire having (according to the royal plea|sure) given an account of our alleigiance and observance of your commission by Mr. Jowles in March last, and therefore shall not give you the trouble of repetition. According to your ma|jesty's command, wee have with our general assembly been con|sidering of such laws and orders, as doe by divine favor preserve the peace and are to the satisfaction of your majesty's good sub|jects here, in all which wee have had a speciall regard to the

statute book your majesty was pleased to honor us with, for which together with the seale of your province, wee returne most humble and hearty thanks; but such has been the hurry of our necessary occasions and such is the shortness of the somer, (the only season to prepare for a long winter,) that wee have not been capeable of sitting so lon•• as to frame and finish ought that we judge worthie to be presented to your royal view, but shall as in duty bound give as speedy a dispatch to the affare as wee may. In the mean time your subjects are at quiet un|der the shadow of your gracious protection, fearing no disturb|ance unless by some pretended claimers to our soil, whom we trust your majesty's clemencie and equity will guard us from injury by; and considering the purchaiss of our lands from the heathens the natural proprietors thereof, and our long quiet possession not interrupted by any legall claime, our defence of it against the barbarous adversary by our lives and estates, wee are encouraged that wee shall be maintained in our free enjoyment of the same, without being tennants to those who can shew no such title there|unto. Further wee doe gratefully acknowledge the marke of your princely favor in sending us your royal effigies and im|periall armes, and lament when wee thinke that they are (thro' the loss of the ship) miscarried by the way. And seeing your majesty is graciously pleased to licence us to crave what may conduce to the better promoting of our weal and your majesty's authority, wee would humbly suggest whether the allowance of appeales mentioned in the commission may not prove a great occasi|on by meanes of malignant spirits for the obstructing of justice among us. There are also sundry other things that a little time and experience may more evidently discover a great convenience, in which upon the contineuance of the same liberty from your majesty wee shall with like humilitie present. Thus craving a favourable construction of what is above suggested and praying for your majesty's long and prosperous reigne, begging also the contineuance of your majesty's favor, out of which, if any of our adversarys under a pretence of loyalty or zeale for your majesty's interist should endeavor to eject us, wee hope upon liberty granted us to speak for ourselves, wee shall aboundantly demonstrate that wee doe truly and sincerely subscribe,

Your majesty's most loyall and dutiful subjects. JOHN CUTT, President with the consent of the councill.

Portsmouth, in the Province of New-Hampshire, June 11, 1680.

No. XIX. Copy of the Mandamus by which Robert Mason, Esq. was ad|mitted to a seat in the council, Dec. 30, 1680.

Trusty and well beloved, We greet you wel.

WHEREAS we have thought it fit to take into our special care and protection our province of New-Hampshire and provide for its prosperity and good government and the settlement of the estates and possessions of our good subjects there. And that for the avoiding any suits or contenti|ons in matters of title, and the determining any demands which might be made by our wel beloved subject Robert Mason, Esq. as proprietor under us of that province by vertu of a grant de|rived from our royal grandfather King James under the great seal of England* 1.4: Wee have so composed all matters 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 receive only six pence in the pound yearly of every tenant by way of quit rent, according to the true and just yearly valu of what is improved by any of the inhabitants; as is more fully expressed in our commission under our great seal, bearing date the 18th day of September in the 31st year of our raign. 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 in|terest in the said province, and for the giving a secure and le|gal confirmation 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 wee have esteemed useful to our ser|vice, as he is chiefly concerned in the welfare of that our pro|vince; wee 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 councill, that immediately after his arrival you do admit him one of our council of our province of New-Hampshire, he first taking the oaths mention|ed in our said commission. And we do further require you and him, that you do betake yourselves to such discreet and equit|able ways and methods in your proceedings, agreements and settlem•••••• 〈◊〉〈◊〉 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 unne|cessarily avoid or delay your submitting to those determinati|ons 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 them|selves

accordingly. And so we bid you heartily farewell. Given at our court at Newmarket the first day of October 1680, in the two and thirtieth year of our raign.

By his majesty's command, SUNDERLAND.

To our trusty and well beloved the president and council of our province of New-Hampshire in New-England.

No. XX. Answer to the claim made by Mr. Mason to the houses 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 claime to any of the lands in New-Hampshire, for what right he pretends is either derived from Capt. Jno. Mason, (whom he says was his grandfather) or from his majesty's com|mission: But presume from neither of these has he any right. Not from Capt. Jno. Mason; for, (1) It does not legally ap|pear that ever he had any right to the province of New-Hamp|shire. It is true there is a copy of a pattent or deed from the councell of Plymouth, which he brings over without attestati|on of publique notary or any other authority. Besides in said coppy there is not the least intimation of any hand or seale to the originall, and there is two men that swears this is a true coppy of the originall, which plainly demonstrates that the originall is but a blanck; 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 claime; but having nothing but blanck coppies, he could bring no better than he had, which cannot be looked upon as authen|tique in any court.

(2) If it should be supposed that ever Capt. Jno. Mason had a right by pattent, yet it does not appear how Robert Tufton Mason (as the plantiffe 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 plantife calls himself Capt. Mason's heir.

(3) If the plantiffe or his ancestors ever had a title to the lands he claims by pattent from the councill of Plymouth, yet they have lost it by non use, for they never attended the ends of granting patents by king James, of blessed memory, in his hyness pattent to the great councell of Plymouth, which was the peopling of the land, inlargeing the king's dominions,

propagating the gospel, conversion of the heathen the native proprietors, &c. Now the plantife nor ancestors never planted this province nor expended any thing upon it to the uphold|ing of it in peace nor war, but the present inhabitants did ei|ther by themselves or predecessors, purchase 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 defend it against the enimy to the loss of many of their lives and considerable part of their estates, without any assistance from Mr. Mason who now claimes not only what poor people have purchased and laboured hard upon, but also conquered or relived from cruell attempts of the barbarous heathen, and we conceave 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 councell of Plymouth to the making of Capt. Mason's deed ac|cording to the pattent granted to the great councell of Ply|mouth, which renders his claime unvalide, if ever any thing in that kind was done, which we question.

From what is said we humbly conceave Mr. Mason has no right from Capt. Jno. Mason.

And that his majestie's commission does neither give nor con|firme any title to the lands claimed, we prove:

(1) We humbly conceave that his royal majesty who is so prudent a prince and so solicitus for the peace of his subjects, would not have left that matter doubtfull to his subjects of this province but rather have told us that he had given all the lands to Mr. Mason, but there is nothing of gift to him in the com|mission and if his majesty had (which we cannot believe he would) we should crave the benefit of the statute in the 17^o of Charles the first, which says, No king and councell can alienate lands but by due course of law. But wee were never yet heard, and when it comes to legal tryal wee presume the law of possessions will confirm our lands to us, seeing we have had peaceable possession 50 yeares.

(2) If his majesty had given the lands in the province to Mr. Mason, what can be understood by that clause in the commis|sion

That in case the inhabitants shall refuse to agree with Mr. Mason, then the governor shall interpose and reconcile all dif|ferences if he can, but if he cannot then to send the case, fairely stated to England that his majesty and privy councell might determine according to right;

which wee humbly conceave

puts a barr to any legal proceedings until his majesty's mind be further known therein. The inhabitants have offered their reasons to the governor according to commission, which he will not admit of, only did take of one, viz. Capt. Stileman, and promised to send them to England, but we can hear of no answer and much fear his neglect.

(3) His majesty in his commission says,

To prevent un|reasonable demands that may be made by Mr. Mason for the right he claimes,

which claime may prove good or bad when it comes to tryall. We understand to claime and to have are different things.

(4) His majesty intimates in his royal commission by what title Mr. Mason does claime, viz. by a grant to his ancestors,

who improved and possessed the province with great expence, until molested and finally driven out;

but this province can|not be concluded to be the place he claims until he make these circumstances appear, which we are sure he never can doe.

Now Mr. Mason not producing any original deed for any of the lands of this province, nor authentique copies, the inha|bitants cannot make any compliance with him both because we see no right he ever had, or believing if ever any was he hath mortgadged it already in England, and so alienated what right he had.

Although upon the former grounds we have good plea against Mr. Mason's claime, 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 pickt for espousing Mr. Mason's inte|rest by the governor's order, who has a mortgadge for 21 yeares from Mr. Mason for all the lands in the province. But also because wee was willing to attend the methods prescribed by his majesty in his royal commission.

No. XXI. The answer of Elias Stileman to the summons from the honble Edward Cranfield, esq. governor of his majesty's province of N. Hampshire in N. E. in pursuance of the method which his majesty hath been gratiously pleased to prescribe in his commission.

Portsmo. the 15th of November, 1682.

May it please your Honor,

IN obedience to your comand that I should render a reason why I 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:

1stly. Because my said land I bought and paid for. The title unto which is successively derived unto me from those that have possessed it, without any claime for at least these 50 yeares, upon which I have built at my own charge without any in|terruption, and am in the possession thereof as my owne. As to what is said in the comission concerning Mr. Mason's pro|prieters, with all due submission to his majesty, I conceive it imploys rather his claime than a positive determination of his title.

2dly. I humbly conceive that being in possession of what I have bought and built upon, it rests upon the claimer to make out his title (if he have any by law), begging the favour of an English subject therein, that it may be first tryed upon the place, according to the statute law and the opinion of his ma|jesty'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 obtaine his demands, myself and the rest of the inhabitants would be undone forever, for then all his granted to him which hee calls commons being out of fence, which yet hath been bounded out by the several towns and possessed by them for these 50 yeares, and improved for the maintainance of their cattle both winter and summer, and for timber and fire wood, without which there is no liveing for us, it being impossible for us to subsist upon that which in the commission is called gardens, orchards, 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 the poor planters ex|pended in so many yeares labour since their first sitting downe upon it, when they found it an howling wilderness and vacuum domicilium, besides a great expence of blood and estate to de|fend it in the late Indian warr, nor can they to this day make both ends meet by all their labour and frugality, and therefore must needs sink under the exaction of such a propriator.

5thly. The land which Mr. Mason claimes as propriator is the land on which such vast expence hath been laid out by his grandfather Captain John Mason, for the peopling of it and the land from whence his said grandfathers servants were vio|lently driven out, or expeled by the inhabitants of the Massathu|sets, 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 grand|father were so expelled, and therefore we that are possessed of

this land are not concerned in his claime, hee hath mistaken his province and may endeavour 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 hee were in possession why did he not keep it still: None ever drove him out as he informs, had hee been once settled he might to this day have kept it as the rest of the inhabitants have done without the least mollista|tion, but I am humbly of opinion that if he the said Mason or any of his ayres came hither, they only came as many ships did to Newfoundland and to this countrey to make a fishing voyadge or beaver trade, and that being at an end departed and left their room to the next taker.

This is the summe of what I have at present to answer, hum|bly requesting of your honour the stating of the case, with your opinion thereupon to his majesty as the commission directs; and when his majesty shall in his wisdom and justice see meet to order an hearing of the matter in his courts of judicature upon the place before a jury of uninterested and indifferent persons which may be had out of the neighbouring province, (and possibly Mr. Mason may think not attainable in this pro|vince wherein all persons are concerned,) as he hath been pleased to doe by that part of Mr. Mason's claime, which lyes under his majesty's government of the Massathusets, I hope to be able upon these and other grounds so far to make out my title as to be held unblameable before God and man, for not comply|ing with his demands. Or if I should see cause to appeal to his majesty and honourable councell that I shall be put beyond all need of paying quit rent to the pretended propriator.

Thus begginge your honour's favour, I subscribe,

Sir,

your humble servant, E. S.

[The two preceding papers are in the hand of the honourable President Weare.]

No. XXII. Copy of an order for the administration of the sacraments, ac|cording to the mode of the church of England.

At a councel held at Great Island, December 10, 1683. By the governor and councel. New-Hampsh.

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 vitious 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 sup|per, or their children to be baptized according to the liturgy of the church of England▪ that it be done accordingly in pur|suance of the laws of the realm of England, and his majesty's command to the Massachusetts government▪ 〈…〉〈…〉nd if any mi|nister shall refuse so to do being thereunto they required he shall incurr the penalty of the statutes in that case made and provided, and the inhabitants are freed from paying any du|ties to the said minister.

The aforesaid order was published, R. CHAMBERLAIN, cl••rk concil,

[This paper is in the council minutes, second book.]

No. XXIII. Copy of the information against Mr. Moody, 1683.

New-Hampshire in New-England.

To Walter Barefoot, Esq. judge of the court of ple••s of the crowne, &c. now sitting at Great Island. And to Nathaniel Frier and Henry Green, Esqrs. assistants.

The information of Joseph Rayn his majesty's attorney general for the said province of New-Hampshire, against Joshua Moody of Portsmouth in the said province, clark, in his said majesty's behalfe.

THE said Joseph Rayn informeth, that the abovesaid Joshua Moody being the present minister of the towne 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 realme of England, (viz. the statute made in the fifth and sixth of king Edward the sixth, and the stat. of the first year of the raign of the late queen Elizabeth, which is confirmed by the statute made in the thirteenth and fourteenth year of the reign of our sovereign lord king Charles the second) required and commanded to ad|minister the sacrament of the Lord's supper in such manner and forme as is set forth in the book of common prayer and administration of the sacraments and other rites and ceremonies of the church of England, and shall use no other manner or forme then is mentioned and set forth in the said book. Ne|vertheless the said Joshua Moody in contempt of the said laws and statutes hath wilfully and obstinately refused to administer the sacrament of the Lord's supper according to the manner

and forme set forth in the said book of common prayer, unto the humble Edward Cranfield, esq. governor of his majesty's said province of New-Hampshire, Robert Mason, esq. proprie|tor, and John Hi••ks, esq. of the said province; and doth ob|stinately and willfully use some other forme then is by the said statutes ordained, contrary to the forme thereof: Therefore the said Joseph Rayn in behalf of our sovereign lord the king, d••th pray, That the said Joshua Moody being thereof con|victed according to law, may suffer such penalties as by the said stat•• are made and provided in that case.

No. XXIV. Copy of a second information against Moody.

New-Hampshire in New-England.

To the humble Walter Barefoot, esq. judg of the court of pleas of the crown and other civil pleas, held at Great Island, and now ••itting this 6th Feb. 168••, &c.

The information of Joseph Rayn his majesty's attorney general for the said province, in his majesty's behalf against Joshua Moody of Portsmouth, clark.

WHEREAS the said Joshua Moody hath in open court of the quarter sessions of the peace held at Gr. Island aforesaid upon record, confessed and owned before the justices, That he hath administred the sacraments contrary to the rites and ceremonies of the church of England, and the form pre|scribed and enjoined by the statute made in the first year of the late queen Elizabeth, and so stands convicted of the said of|fence 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 forty second year of the raign of king Edward the 3d, now in force) in his majesty's behalf, exhibit his information to this hon. court against the said Jo|shua Moody, for that he having for many years had the ap|pearance and reputation of a minister of God's word in the said province, being within the king's dominions, and having wil|fully and obstinately refused to administer the sacraments ac|cording to the rites of the church of England, hath admini|stred the sacraments of baptism and the Lord's supper in other manner and form than is appointed and commanded by the statute of the first of queen Elizabeth and other statutes, con|trary to the form thereof and in contempt of his majesty's laws: And doth pray the court's judgment and that the said Joshua Moody may suffer the penalties by the said statute in this case made as I provided.

No. XXV.

New-Hampshire in New-England.

To 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 Moody of Portsmouth in the said province, clark, and carry him to the prison of Great Island in the said province; and the pri|sonkeeper, Richard Abbot, is hereby required to receive him the said Joshua Moody and keep him in safe custody in the said prison, he having bin convicted of administring the sacraments contrary to the laws and statutes of England, and refusing to ad|minister 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. 168••/4.

• WALT. BAREFOOT, (Seal.)
• PETER COFFIN, (Seal.)
• HEN. GREEN, (Seal)
• HEN. ROBY, (Seal.)

Vera copia, Teste, Rich^do Chamberlain, Cl^ro P. [The three preceding papers are in the Recorder's office.]

No. XXVI. Copy of an order for raising money without an assembly.

New-Hamp. At a councel held at Gr. Island, Feb. 14, 1683/4. By the governor and councel.

WHEREAS we have lately had intelligence by a letter from Capt. Hook to Capt. Barefoot one of the coun|cel of this his majesty's province, that he had advice from the captain of the fort at Casco of a sudden rising and onset in|tended by the Indians upon the English at the eastward: And whereas the assembly have been lately tendered a bill for raising a revenue for the fortifying and defending our selves 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 service. We his ma|jesty's governor and councel 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

consideration of the premises, by virtue of his maje••ty's royal commission bearing date the nineth of May 1682, and also of his majesty's royal instructions to the governor bearing date the 29th of April 1682, have, for the raising a revenue for fortify|ing and de••raying the necessary charges of the government, that there may be a magaz•••••••• of ammunition and provision, and of money to pay indigent souldiers, as also for such emergencies as a war will necessarily produce, thought fit to continue, and do hereby continue all such taxes and impositi|ons as have been formerly laid upon the inhabitants (except|ing only the rate of the penny i•• the pound raised in time of usurpation without a general assembly) commanding and re|quiring all and singular the constables and collectors forthwith to perform their duty in levying and collecting the same, and paying it in to the treasurer.

No. XXVII. Copy of a letter from the council to Governor Dungan.

Prov. of New Hampshire, Mar. 21, 1683/4.

Sir,

BY several advices we have received of a sudden rising in|tended by the Indians in these eastern parts to fall upon the English, we judged it absolutely necessary without delay to provide for the safety and preservation of his majesty's sub|jects inhabiting this province, and to give releef (if need be) to our neighbouring colonies. We have therefore upon con|sideration of the best means for the securing of these provinces concluded it very necessary to entertain a number of southern Indians for souldiers, who are best acquainted with the man|ner 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 sou|thern Indians our honourable 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 o|ther Indians, as may be convenient to assist in this service, and to make such capitulations and agreement as to 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 ho|nor 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 judg fit to be done we shall see performed. So

praying for your honor's health and prosperity, we subscribe ourselvs, (being his majesty's council of New-Hampshire)

May it please your hon. your most humble servants, To the Honble Col. Tho. Dongan, governor of his royal highness his colony of New-York, and the ter|ritories thereto belonging, humbly present.

• ROBt. MASON,
• WALTER BAREFOOT,
• R. CHAMBERLAIN,
• ROBt. ELLIOT,
• JOHN HINKS.

[The two preceding papers are in the council's minutes, second book.]

No. XXVIII.

To the king's most excellent majesty. The humble address and petition of sundry of your majesty's loyal subjects the freeholders and habitants of your majesty's province of New-Hampshire in New-England, Most humbly sheweth,

From the towne of Exeter.

THAT your petitioners predecessors having under the en|couragement of your majesty's royal ancestors by their letters patents to the great council of Plymouth, removed themselves and some of us into this remote and howling wilder|ness in pursuance of the glorious ends proposed, viz. The glory of God, the enlarging his majesty's dominions, and spreading the gospel among the heathen: And in order thereunto either found the land we now possess vacuum domicilium, or purchased them of the heathen the native proprietors of the same, or at least by their allowance, approbacon or consent, have sate downe in the peaceable possession of the same for the space of above fifty years; hoping that as wee had attended the ends, soe wee should have shared in the priviledges of those royal letters patents above menconed, and thereupon did the more patiently beare and chearefully graple with those innumerable evils and difficulties that must necessarily accompany the settlers of new plantacons, especially in such climates as these, besides the calamities of the late Indian warr to the loss of many of our lives, and the great impoverishment of the survivors. Wee were alsoe further incouraged from your majesty's princely care in takeing us by your late commission under your maje|sty's immediate government, and appointing some among our|selves to govern us according to those methods there prescrib|ed, being particulerly bound to discountenance vice and pro|mote virtue and all good liueing, and to keep us in a due o|bedience to your majesty's authority and continuance of our just libertyes and propertyes, together with liberty of consci|ence

in matters of worshipp, and all in order to our liueing in all godliness and honesty, fearing God and honouring the king, which wee profess to be our desire to doe.

But contrariwise partly by the unreasonable demands of our pretended proprietor Robert Mason, esq. and partly from sun|dry other reasons that are either effects or concomitants there|of wee are in a farr worse condition than any other your ma|jesty's plantacons, and reduced to such confusions and extre|mities that necessitate our humble application to your majesty, upon whose clemency and justice only under God we depend for our releise.

Your poore distressed and oppressed petitioners doe there|fore most humbly supplicate your most gracious majesty that you will vouchsafe to give leave unto one of ourselves, Mr. Na|thaniel Weare, whom wee have sent for that end to spread be|fore your sacred majesty and your most honourable privy coun|cell our deploreable estate, the beholding of which we doubt not will move compassion toward us, and your majesty's pro|pensity to justice will incline to the using such meanes as to your wisdome shall seem best that the oppressed may be re|lieved, wronged ones righted, and we your majesty's almost undone subjects now prostrate at your feet, may upon the taste|ing of your equity and goodness, be raised and further en|gaged in all humility and thankfulness as in duty bound ever|more heartily to pray, &c.

• Andrew Wiggin,
• Thomas Wiggin senior,
• Thomas Wiggin junior,
• Robert Smart senior,
• John Young,
• John Foulsham,
• Edward Smyth,
• Peter Foulsham,
• Theophilus Dursely
• Richard Morgen,
• Samuel Leavitt,
• John Cotten junior,
• John Gilman senior,
• Edward Gilman,
• Moses Leaveitt,
• Jonathan Robinson,
• Thomas Rawlins,
• David Robinson,
• Kinsley Hall,
• Bily Dudley,
• James Sinkler,
• Christian Dolhoff,
• Philip Charte,
• Jeremiah Low,
• Ralph Hall,
• Samuel Hall,
• John Sinkler,
• John Wadleigh,
• Samuel Foulsham,
• Eleazar Elkins,
• Ephraim Foulsham,
• Humphrey Wilson,
• Nathaniel Foulsham,
• Jonathan Thing.

The like petition from the town of Hampton in the said province signed by,

• Nathaniel Bachiler,
• 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 Levitt,
• Thomas Derborne,
• John Levitt,
• Henry Derborne,
• Aratus Levitt,
• 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 Perking,
• David Lamprey,
• Benjamin Lauyre,
• William Fuller,
• John Sanbourne,
• Hesron Leavit,
• Samuel Shuerborne,
• Francis Page,
• Peter Weare,
• Benjamin Browne,
• Thomas Philbrick,
• Timothy Blake,
• Jacob Perkins,
• Jonathan Philbrock,
• Ebenezer Perkins,
• Caleb Perkins,
• Joseph Perkins,
• Joseph Dow,
• John Clifford senior,
• Samuel Philbrook,
• Joseph Shaw,
• John Clifford,
• Benjamin Shaw,
• Samuel Cogg,
• Timothy Hillyard,
• Anthony Stanyan,
• John Stanyan,
• Joseph Sanbourne,
• Isaac Perkins,
• Moses Swett,
• Joseph Swett,
• Joseph Cass,
• Duel Clemens,
• Samuel Cass,
• John Sanbourne senior.

The like petition from Portsmouth in said province, signed by,

• George Hunt,
• Peter Ball,
• John Sherborne senior,
• Samuel Wentworth,
• Sp. Lovell,
• Richard Webber,
• Richard Waterhouse,
• William Davell,
• John Cotton,
• Thomas Wacombe,
• Obadiah Mors,
• Nicolas Morrell,
• Samuel Keais,
• John Dennett,
• John Tooke,
• Edward Melcher,
• George Lavers,
• Jacob Lavers,
• ...

• Calomart Mashawes,
• John Barsham,
• John Shipivay,
• John Johnson,
• John Sherborne junior,
• Thomas Pickerin,
• John Light,
• William Pitman,
• James Jones,
• William Cotton,
• James Levitt,
• Jethro Furbur,
• Edward Ball,
• Thomas Cotton,
• Daniel Duggen,
• Francis Jones,
• John Partridge,
• Robert Purinton,
• Nehemiah Yartridge,
• Jotham Lewis,
• Anthony Brackett,
• John Brackett,
• Matthias Haines,
• Samuel Haines,
• Samuel Haines junior,
• William Fifield senior,
• Walter Neal,
• Leonard Weeks,
• Nathaniel Drake,
• John Hunking,
• Richard Joses,
• Jane Joses,
• John Fletcher,
• Richard Martyn,
• Ph. Sueret,
• Richard Waldron,
• Ben. Hull,
• John Cutt,
• William Vaughan,
• George Jaffreys,
• John Pickering,
• John Buister.

The like petition from the towne of Dover, signed by,

• Job Clements,
• Thomas Roberts,
• Edward Allen,
• William Furbur senior,
• Henry Santer,
• Richard Rowes,
• Anthony Nutter,
• John Dam,
• William Furbur ••unior,
• John Dam junior,
• John Nutter,
• Thomas Row,
• Edward Row,
• John Meadow,
• Philip Chesley,
• Joseph Stephenson,
• Thomas Chesley,
• Joseph Hinneder,
• Stephen Jones,
• Edward Small,
• Nathanael —
• James Hucking,
• Catharias Jerlld,
• Ezekiel Wentworth,
• Paul Wentworth,
• Gerard Gyner,
• Jenkins Jones,
• Joseph Canne,
• Richard Waldron,
• John Winget,
• John Gerish,
• William Wentworth,
• John Heard,
• John Roberts,
• John Hall, jun.
• Robert Burnum,
• Saml. Burnum,
• Jeremiah Burnum,
• Samuel Hill,
• Ralph Wormley,
• William Horn,
• Peter Mason,
• John Woodman senior,
• John Woodman junior,
• Jonathan Woodman,
• John Davis senior,
• John Davis junior,
• ...

• Joseph Fields,
• John Bickford,
• Thomas Bickford,
• Thomas Edgerly,
• John Hill,
• Charles Adams,
• Sam. Adams,
• William Parkinson,
• Joseph Hill,
• Nathan. Hill,
• John Roberts.

[From a copy in the hands of the honourable president Weare.]

No. XXIX. 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. 168••, I the deponent was present at the house of Mr. John Hincks in company with the hon Edw. Cranfield, esq. governor of this province, where I heard the said governor send for Mr. Wm Vaughan, and when the said Vaughan came the governor ••••quired of him what affidavits those were he had that day de••••••ed to be taken. The said Vaughan answered, those that conc••rned his cause against Mr. Mason. The go|vernor asked him who they were, he answered, if he might have summons he would bring them before his honour to be sworn; and then the governor 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 an••wered he went about his business. Then the go|vernor said he went to carry a mutinous petition to be sent to England 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 England and had presented his petition, he should have an account of the persons names that subscribed it returned to him, and that it would be the best hawl 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 demeaned himself with a great deal of moderation and submission. Notwith|standing 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 in the

province of Maine this 27th of January 1684-5, made oath to the above written, before me,

CHARLES FROST, Just. of Peace.

No. XXX. The warrant and mittimus whereby William Vaughan, Esq. was committed to prison.

New-Hampshire.

To James Sherlock, gent. sherif and provost marshal of the said province, or his deputy.

IN his majesty's name you are hereby required to take and apprehend the body of William Vaughan, of Portsmouth Esq. and carry him to the prison of Great Island; And Rich|ard Abbot the prison keeper thereof, is hereby required to re|ceive the said Vaughan into the said prison and there keep him in safe custody till he shall give good security to our sover. lord the king his heirs and successors for his the said Vaughan's good behaviour towards the same our sover. lord the king, he having refused to find security for his said good behaviour the sixth day of February 1683. Given under 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 office.]

No. XXXI. A letter from William Vaughan, Esq. containing a journal of transactions during his imprisonment, &c. to Nathaniel Weare, Esq. agent in London.

Mr. Nathaniel Wire,

SIR,

Portsmouth, 4th Feb. 1683/4.

THESE serves to give covert to the inclosed which ware unhappily mislaid, and so brought to Portsmouth insted of beinge carried by you to London though on the other hand you carried many papers for London which oughte to have been at Portsmouth. There ware severall papers in the bondle which ware very impertinente unto your business, and the transportinge of them very prejudicyall to som here, your espe|cyall care aboute them is expected, yet may be safely returned with you if not transmitted by you before your returne. Wee are now a doeinge aboute geti••ge evidenses sworne, which you shall have a further account by the firste, tho' retarded much by havinge no copies of them as wee expected. Sinse your de|parture much ado have been made, many execucyons extended, viz. upon Mrs Cutt, Daniele, myself, Mr. Fletcher, Moody, Hunkins, Earle, Pickeringes, Booth, &c. I went to prison

but was redeemed with money, severall dores ware broken open by Matthews the marshall's deputy, chestes also and trunks and carried out of the houses till redeemed with money. John Partridge and Wm Cotten are in prison and have been sundry daies. No pay (as fish, sheep, horses, &c.) would be taken for their executyons, so there bodyes ware levied upon and there they lye. Our menister for refusinge to admenester the sacra|ment to the gouernor is bound over to the quarter sessions to sit to morro, the isshew wee know not but six months impri|sonment thretned. Your wife and famely well. Grete bluster at Hamton about the petityon, som weekelinges ware whegled into a confession and they discovered the persones that carried the petityon, who ware by justis G. & R. bound over to the quarter sessions, but last Satterday night (on what ground know not) Mr. Greene bu••••••e there bonds and only tould them they muste appere when cold for. Charles Hilton is late|ly ded. As other newes arrives shall hand it to you by all oc|catyones and doe you the like by us.

5th. Quarter sessions are come, and there Capt. Barefoote, Mr. Fryer, Coffin, Greene, Roby, Edgerly, were justices, Raines was attorny. It was brought in as a plea of the crowne. Mr. Moody pleaded his not beinge ordained, havinge no main|tenanse according to statute and therefore not obliged to that worke which the statute required. Besides these statutes were not made for these plases, the knowne end of there removal hither beinge that they might enjoye liberty in these forrin plantatyones which these could not have by vertew of the sta|tutes at home, and ware allowed to have here, especyally our comityon grantinge liberty of contyense. These things ware pleded, but to no purpose, after a shorte pleding and that not withoute many interoptyones and smiles by the pragmatticke, busey impertenente atturny, he was comited to the marshall, (viz. Longe Matthews) and held in custody that night tho' permitted to lodge at Capt. Stileman's. The justises debated a littell, foure of them entered there desente, viz. Mr. Fryer, Greene, Roby, Edgerly, but Capt. Barefoote and Coffin ware for his condemnatyon. Judgment of the case, every man's was entered by the secretary over night, but being deferred till nexte morninge informatyon was given to somebody who came in and thretned and hectored after such a rate that Green and Roby also consented as you see by the inclosed, and hee was comited to prison. Petyon was by him made to the courte, and afterward to the governor, that hee might step up at nighte to his famely and settle matters there, and that he mighte not 〈1 page missing〉〈1 page missing〉

ther attempt here, but with what conveniente expedytyon will be don what is needful and necessary. Mr. Martin was sued at the courte in two actyones, one by Mr. Mason for fines & forfetures collected and received by him as treasurer from se|venty nine to eighty two, and another actyon by the governor for fines, &c. from April eighty two. He is caste in both ac|tyones to the valew of about seventy pounds, although hee pleded that what hee received was disposed by order of the au|thority which made him treasurer, and had as good comityon from his magestie as that was in beinge, neither did it legally appeare that ether Mr. Masson or the governor have anny righte to fines and forfetures, the kinge appointinge all publicke mo|ny to be disposed or improved for the supporte of the govern|ment; however it is but aske and have, there demands in any case have the force of an executyon.

10th. The sabbath is come but no prechinge at the Banke, nor anny allowed to com to us; we had noone but the fameley with us, the pore people wantinge for lake of bred. Motyones have bin made that Mr. Moody may goe up and prech on the Lord's daye, tho' hee com downe to prisson at night, or that naibor ministers might be permitted to com and prech, or that the people might com downe to the prisson and here as many as could, but nothing will doe; an unparraleled example amongst christians to have a menester putt oute and no other way found to supply his plase by one menes or other. Mr. Frier was se|verely thretned for refuseinge to subscribe Mr. Moody's comit|ment, but hath obtained fairely a dismityon from all publike offices. Justis Edgerly also caishered, and bound over to the quarter sessiones. It is said that justis Greene is much afflicted for what hee has done, but Roby not. Peter Coffin can scarse show his hed in anny company* 1.5.

14th. Nuse came from the fourte at Casco that there was greate danger of the Indyanes risinge, which hath occatyoned a meetinge of the counseil and some discourse, but here no more sinse and hope it may vanish.

15th. Good Mrs Martin was buried, beinge not able to live above one saboth after the shutting up the dores of the sanctu|ary.

Somebody hath said that the imprisoninge of the mini|ster is noone of his worke, hee did but constitute the courte, they did it themselves, tho' also hath said hee would have don it himselfe if they had not.

17th. Another sad saboth.

18th. Came Mr. Mason, Barefoote and secretary, with Thur|ton, who swore against mee a false oath, of which have inclosed a copia. Thurton said he was sent for on purpose to give in his testimony against mee; they wente away, and soon after came the inclosed mittimos directed to Mr. Raines hoo is she|reff and marshall in Mr. Sheerlock's roome that have bin out of favor of late, though now it is said in favor but not in plase againe. Mr. Estwicke is also put oute of all offis. Noote, that when I wente to him for takeinge oathes, hee said all oathes should be taken before the governor and counsell, but now could send to justises to doe it. We had for som nightes our key taken away from the chamber dore about 8 or 9 at nighte but have sinse left off that trade. Sowell of Exeter is ded. Severall overtures ware made this weeke to John Partridge and Wm Cotten by Raines to com oute of prisson he giveinge them three months time to provide mony or anny other cur|rante paye, tho' they tendered fish, planke, &c. before they ware put in, they refused to accept.

24th. This sabboth our wives, children and servants came downe and spente the daye with us in our chamber, and wee yet here nothing said againste it.

25th. The marshall goes and levies upon John the Greeke's sheep and cattle for the executyon, for which hee had laine a|boute three weekes in prisson, and then came and ordered him to goe about his busnesse, 15 sheepe, sundry lambes, and two haifers sezed for six pounds od mony. This day allso Mr. Jaf|fery havinge had sundery warninges the weeke before to clere his house becase Mr. Masson would com and take possession of it, wente never the les to the Banke upon busnes; mene while came Mr. Mason with the marshall and turned all his servants out of dores, set another locke on the ••ore, and at night when his servants came home wett they would not suffer them to com in, but there lodged Matthews and Thurton all nighte. Mr. Mason said while aboute this worke that he was sorry Wire had no more of this nuse to carry hoome with him.

The governor haveinge sente to Mr. Cotton, that when he had prepared his soule hee would com and demand the sacra|ment of him as hee had don at Portsmouth alredy. Mr. Cot|ton the latter end of the weeke before laste went to Boston and

has bin oute two Lord's days alredy; all is well with yours there, soe far as I can learn, I cannot goe to see else might have given them a visite.

One word more aboute my busnes. I am under imprison|ment aboute Thurton's busness, being seized by the marshall and comited when in prisson before for not giveing bond for the good behavior, tho' nothinge charged upon me any more than before, which you well know. I know nothing but they intend to keep mee here endlessly; it's saide I muste paye one hundred pounds for strikeinge one of the king's officers and muste have my name returned into the exchequer and muste lye in prisson till the mony be paid and I am discharged from the exchequer. The designe you may esely see is to ruine mee, and how vaine my ples will be you maye esely guesse. Tho' I have manny thinges to saie, viz. that Thurton was ether no officer or at leste not knowne to be so, however not sworne, nor did I strike him in the hyewaye as hee sweares, nor is there anny proofe but his own single testimony, which how far it a|vailes in such a case would be considered; it••s also worthy of inquire whether ever that law was intended for us, here beinge no customs to be gathered, no exchequer to be applyed to, and therefore how these methods can be observed is not intel|legable. You may esely imagen how things will be if I am forsed to complye with there humors. Pray consult, consider, and see if somethinge may not be done to putt a stop to such arbetrary proseedings, a triall on the plase by indifferente un|conserned judges and jurors if at leste there can anny such be found hoo will not be forsed into what some will have done, but I shall not need to instruct you; there you have better counsell then I can give you, and of your fedelyty to inquire and remitte by the firste what is needful on this account I doute not.

I have given you but a taste, wee that see it know more then can possibly bee understood by those that only here; in a word▪ such is the haith of there heat and raidge that there is no livinge for us longe in this condityon. Butt wee hope God will bee seene in the mounte.

I should have inserted what sell oute after the desolvinge of the rebellyous assembly, there was discourse of constables, and insted of the freemen's chusinge as formerly they tooke a shorte and cheper course, and at the quarter sessions constables were chosen and to begin with Mr. Speker, he has the honner to be constable for Portsmouth, Capt. Gerrish, Lt. Nutter and John Woodman for Dover, Smith the cooper for Hamton, John

Foulsham at Exeter. Whether Mr. Speker shall serve or fine is not yet determined. And now I am spekinge of the general assembly, muste hinte what was formerly forgotten, vz. that they convened on the Mondaye and the choice of the speker (there ould one) in words hily approved and hee complemented alamode. Then a bill was sente them downe (of which if I can get it being now in prisson shall inclose a copia) which they talked a littel of and then brake up for the nighte and went up to the Banke to lodge (the tide serving very well to goe and com), the reporte of which hily disgusted, and the next morn|ing the answer to the bill vehemently urged, which was in fine a negative. Hereopon in a grete raidge telling them they had bin up to consult with Moody an uter enemy to church and coman welth with much of like nature, hee dissolved them, which was don on the Tuesday, after which he came up to the Banke and gave order for a sacrament on the next Lord's daye as you have herd and sinse the assembly men pricked for con|stables.

By the premises you will see how the governor is makeinge good his word, hee came for mony and mony he will gete, and if hee get it you know hoo muste loose it, and how mesereable muste our condityon quickly be if there be no remedy quickly provided. Hee contrives and cutts out worke and finds evill instrewments to make it up, and these som among ourselves. Thus wee are cloven by our owne limbes.

28th. Sinse Mr. Jaffery was dispossessed, Raines offered him for five shillings per annum quit-rent to Mr. Mason, hee should have his house againe, provided hee would owne him proprietor, but hee refusinge it is said hee shall never have it againe. The talke is that his house muste be court-house and prisson booth, and standinge so nere the governor it is judged sutable for booth those ends, that hee may have the shorter journey to courte and the prisoners may bee alwaies under his eye.

29th. John the Greeke havinge laine som weekes in prisson upon executyon, his goods haveinge bin levied upon (as above), was by Raines locked oute of the prisson and bidden to be gon, but hee would not, keepes his quarters still with the other two. This daye his goods was sold by the marshall and bought by Thurton.

Mr. Cotton is com home from Boston. Grete offence taken here at a sermon hee preched in Boston on Acts xii.5. tho' plesinge to the hearers.

March 2d. This day Mr. Jeffery's goods ware all turned oute of dores by the sheriff, &c. his man received and disposed

of them. Againste Jaffery there are two oathes taken, single oathes, but beinge for the king will passe, and orders are giv|en for warrants to apprehend him, he apperes not.

March 5. It is said that they are goinge this daye to Ma|jor Waldrone's to serve him as they have done Mr. Jafferey, and it's given out that the reste will be treted in like manner; the courte was adjourned yesterdaye to the nexte month pbably that they mighte levey the executyons that are in Banke be|fore they cutt oute anny more worke. Justis Green seems somethinge troubled for sendinge the menester to prisson, and saith hee will never doe such a thinge againe, but Peter Coffin saith it is a nine dayes worder and will soone be forgotten, but others thinke otherwise. If they go on thus wee are utterly ruined, muste goe away or starve if at les••e wee be not so con|sined that wee cannot goe awaye nether. I questyon whether annie aidge can parralell such actyones.

In my laste I sente you a letter to SIR JOSIAH CHILD my master, of which also you have another copia herewith. My designe is that you carry the letter yourselfe, waite on him while he reades it, and if he will plese to here you (as I hope hee maye) that you amplyfie matters, informe him what fur|ther intelligens you have and attende his directyon, if God move his hearte to doe oughte for us. This daye the gover|nor sente us word by the marshall that wee must remove to Mr. Jafferey's house to morro, which house is made the prisson. Wee hope the nuse of the risinge of the Indyans will faule to nothinge.

Ditto 5th. Thus far was sente you by waye of Barbados. It fallowes. The governor did saie to a Salem man that Moo|dy might goe out of the prison, if hee would goe out of the provinse, but wee here no more sinse.

James Robinson under grete rauth and in much danger on|ly for speakinge somthinge to Thurton (of his being a pittiful fello, &c.) while said Thurton was active in turning out Mr. Jafferey's goods.

6th. Matthews and Thurton hunted for Mr. Jafferey, serched in Mrs. Cutt's house, wente into every room above and below staires, serched under her bed where she lay sike in it but found him not. They carried it very rudely and basely in there worke. Matthews said he would ca••tch him or have his harte blud, but hee was not there. Mr. Jafferey's goods were carried to the other side by nighte.

It is said that our imprisonment has much [alarmed] the hoole countrey and made them more fond of ther liberties.

This nighte Matthews was beten at Mersore's (som fudlinge boute its like), but its made a mity thing on, said to be a deepe plot, deeper then Gove's, managed by strong heds, and abundanse of that nature, and because the persons conserned were under the inflewense of Vaughan and Moody they should suffer for it▪ for not techinge them better. Tho' wee know no more of it then you, nor is there ought in it worth notis, but thus we are treted. The governor went up to the Banke and made grete inquiries aboute it. Capt. Pickeringe and o|thers that ware in the fraie are bound over.

7th. They had six pounds five shillings of Obadia Mors by waye of executyon. Raines was discarded beinge put oute of beinge sheriffe, &c. tho' he had his comityon under the seale but the other daye. Matthews is made provost marshall (at leste) in his roome and Thurton marshall's deputy. Good burds for such offises. Lord have mercy upon us. They had also eighteen shillings from Sam. Case, the reste is defered, and hee has put awaye his goods and intends to remove or goe to prison, and so wee muste all.

11th. The Indyan nuse occatyoned an order to the trustees to get aminityon, they came down and pleded their time was up, it was said you shall keepe in during my pleasure They said they had no mony of the townes in their hands, nor could anny be raised withoute a general assembly. Then laye out your owne mony or else woe to you; and this they are faine to com|ply with.

Hee said and swore that if Masson would not acknowledge a judgment nexte courte of six hundred pounds, he would take all his busnes from him and sew in his owne name. Hee swore hee would turne out that rooge Elle•• who is as bad as anny other.

Mr. Waldron beinge sente for by warrant to com before the justises to take the constables oath, appered before Mr. Masson and Capt Barefoot, but excuseinge it and giveinge good rea|son was dismissed upon payinge five pounds; but pore Capt. Barefoot was moste ferefully rutted at for his labor, many oathes sworne that Waldron should ether take the oath or ether take up with a goale. The nexte daye (tho' the justises hoose bus|nes it is, had fairely dismissed him) he was convented againe, the oath tendered, hee thretned with a prisson imedyately, butt tould them he knew the law better than soe, then they tooke his one bond to answer it at quarter sessiones, and so far of that matter as yet. Another constable is chosen, viz. Capt. Pick|eringe, tho' hee have as yet waved the oath, haveing lately

served in that plase, and pleding his being bound to good be|haviour for that laste fraye. He taulks much of friggets to feare the pore peple.

14th. Counsell sat and could not agree aboute raisinge mo|ny, which hily provoked somebody. They said the general assembly only could raise mony.

The governor tould Mr. Jaffery's negro hee mighte goe from his master, hee would clere him under hand and sele, so the fello no more attends his master's consernes.

15th. This day the secretary was in a grete raidge turned oute of all his offises exepte secretary to the counsell, (an emty name, littel proffite) and the bookes sente for oute of his hands. Hee is much conserned and dejected.

I am credible informed and you maye beleeve it, that the governor did in the open counsell yesterdaye saye and sware dredfully, that hee would put the provinces into the greteste confusion and distractyon hee could possible and then goe away and leve them soe, and then the devell take them all. Hee also then said that Mr. Masson said hee would drive them into a second rebellyon, but himselfe would doe it before; and I wonder he has not, such actings are the redy way, but God hath kepte us hether to and I hope he will doe so still. Hee also said and swore that anny person that should have any man|ner of converse with us or any of our mind, he would counte them his utter enemies and carry toward them as such.

17th. The governor havinge formerly prohibited the pri|soners from makeing shingles wente himselfe this day to the prisson and prohibited John Partridge from makeing shoes, bad the marshall throw them into the sea.

This daye Raines beinge not willinge to give up a warrante that he had executed duringe the shorte time of beinge sheriffe, was sent for by the governor, and not apperinge, the gover|nor came to his chamber and did bete him dredfully, and bad the marshall carry the rouge to gaile. Hee remaines out of favour still. The governor also went over to Capt. Hooke's and got him to give warrants to the constables on the other side to serch all houses for Mr. Jaffery and bring him over, but they found him not, nor is he yet found, tho proclamatyon was made at Wells courte for his sesure, tho' not yet done.

March 18. This morninge came Matthews to our chamber and said the governor sente him to carry mee to the prisson, where I am, where I still ly; being put in only for Thurton's actyon and kepte in tho' I offered securety to respond it. I thinke they have let fall the other aboute the good behaviour,

seeinge they can make nothinge of it, and before my cominge in John the Greeke's bed, &c. was turned out of prisson and he forsed away, whoo would not depart before.

21st Mr. Martin came to discorse aboute the mony he was caste for, which they have not yet levied upon him, but intend to laye it upon all the ould counsell equally that each maye bare his share; at same time the governor tould Mr. Martin that hee would send his executyon. Said Mr. Martin, you know it is not my dew to paye the mony. No matter (said he), I w••nt•• mony and will have it. But I have none said hee; then I will take your house. Hee added also to Mr. Martin, that hee was a church member and he would watch him and all such, and be sure to paye them of if he could caitch them.

22d. The sorrest storm and the hieste tide that ever was knowne. Many thousands of pounds damidge in Boston and much here. The bridge to the Grete Island broaken of in the middle to the grete joye of manny.

24th. The governor wente to Boston in Foxe's sloop, intend|inge thense to New-Yorke, pretendinge to discorse Colonall Dungham and bringe downe two hundred Mowhawkes to kill the estward Indyanes. What is at the botham or will be the isshew God knowes. Hee had a could trete at Boston, staidd not a nighte in towne. Sinse his goinge we have had littel ••••se worthy of your notis, but all things have bin very quiet hethertoo.

I have not inlarged upon these particulers to my master CHILD, but if hee will take anny notis of the thinge and be consernd aboute it hee will then give you oppertunyty of dis|courseing him, and you maye informe what is further neidfull.

31st. This month passed oute and the other came in with|out anny noise, unles the grete joye that was at the Banke by Mr. Moodye's going up thether and my goinge onse or twice after with our keepers, by Mr. Mason's permityon who pre|sides in the governor's absence; but wee soone returned to the plase from whense wee came.

April 8th. Nath. Fox who married Mrs Stileman's dafter sent Matthews to arreste Capt. Stileman for his wive's portyon (tho' it was often tendred him in such paye as the courte or|dered it, but hee would have it in mony.) Capt. Stileman gave his own house and all that was in it for securety to answer the actyon, but Matthews bringinge Thurton with him at his instegatyon, who was terrebly insolente, they arested the woo|man Mrs. Stileman and carried her to prisson with much violense and course usadge, tho' her husband had given securety. Shee

was carried in the evening. Capt. Stileman wrote to Mr. Ma|son, he protested against it and wrote to the marshall, it would not doe. He wente againe and Mr. Masson wroote againe, but to no purpose, they kept her there till the nexte morn|inge; a thinge not to be paraleled in the English nation! Complainte hath bin made but no remedy. Abbot beinge up at the Banke with mee, Thurton tooke the key of the prisson, and when Abbot came would not permitt him to goe in, but turned him awaye. Brave doinges! No tunge can tell the horrible imperyousness and domaner••inge carridge of that wretch. The nexte morninge Mr. Masson (much a doe) got Mrs Stileman oute and the gaillor into his plase againe.

Mr. Masson gave leve for anny minister to com and pretch at the Banke, so that we got Mr. Phillops for two Lord's dayes, viz. 13th and 20th, haveing bin nine Lord's dayes without a sermone.

April 14th. Came H. Greene to Mr. Moody's chamber and made a confession of his faulte and begged his pardon for put|ting him in prisson, and said hee would get him oute at quar|ter sessiones, &c. Good words, b••tt —. Capt. Bare|foote went to the prisson and tould John Partridge that if hee would give an order to allow so much as his charges came to out•• of what the provines owed him aboute Gove, for the soul|dyers, &c. hee should come oute of prisson, and they would pay•• him the remainder, the hoole beinge aboute thurty pounds, but h•••• was not forward leste hee should in so doinge quitt them of false imprissoninge him; but if they would doe it themselves, stop so they mighte. Nothing is done in it.

15th. Matthews and Thurton ware sente to Hamton to le|vie executyones and serve attachments and warne jureymen for the courte in May.

They arrested seaven, amonge which Capten Shourborne one, warned the ould jureymen, executed upon Wm Sanborne, tooke foure oxen which ware redeemed by mony, drove away seven cowes from Nath. Batchelor, wente to your house, met your son Peter goinge with his foure oxen into the woods, com|manded him to turn the oxen hoome, he would not; they cursed, swore, drew upon him, thretned to run him through, bette him, but hee did not strike againe. They came to your house, ware shutt oute, your wife ferefully scared for fere of her son who was oute with them. At length shee lett them in, laid three pounds on the table which they tooke and then le|vied on severall young cattel but relesed and lefte them. Your son came hether to advise, but complaininge is bootless, such

a dismal case are wee in. They tooke awaye two bedds from ould Perkins, but his son offered his person and they tooke it and quitted the other; what more they did there wee as yet here not.

Capt. Gerish, John Woodman, Liften. Nutter and Nath. Batchelor are sworne constables.

17th. I went to Mr. Masson at Capt. Barefoote's house and had severall witnesses with mee, and desired him to take depo|sityones that I mighte send them hoome, aboute my case and the reste of the cases, butt hee refused. The governor had putt mee in prisson when I asked him, and now in his absents the deputy governor denies to grant them. I hope this will be matter of juste complainte, that we should be hindered from applyinge to his majesty for relefe under our oppressiones. You will have evedense of his denial sente home, sworne before som of the Baye magestrates; wee can doe no more unles the Baye should assiste us, which they are loath to doe and wee are loth to putt them upon as matters are surcomstansed with them; but wee thinke it should be taken very hainously by all that love justis and willinge to admenester it, that his magesties sub|jects should bee thus treated. Surely they are afraid or asham|ed of there actyones (and they maye be boath) else they would not be so shye of having them knowne.

This is what offers here, what moore neidfull coz Waldron will advise from Boston. With dew respects remaine,

Your assured friend and servant.

For Mr. Nath.

Wire, in London. A discourse with the governor aboute my imprisonment, May 84. [Subjoined to the foregoing letter.]

AT a sessiones held the 6th May, 1684, I was denied coun|sell, and to have witnesses sworne. Mr. Waldron, Captain Stileman and Captain Froste were presented.

10th. The governor was with me in prison. Mr. Cham|berlin, Mr. Hinkes and Mr. Sherloake with him.

The governor proffered mee (that whereas I was fined by the justices in Thurton's case, that I might thinke they had not done mee rite) that if I would prosecute it (giveing securety so to doe,) in the king's bench at Westminster, the exchequer, or before kinge and counsell, I should; though by his comi|tyon hee could not do it. My anser was, unles I could have securety given mee that in case I should recover, I might have my charge and damidge made mee good, it would be of no benefit to mee. He said there was no reson for that, becase it was for the kinge; though it was his becase Mr. Mason had

resind up to the kinge all fines and forfitures and the kinge had given it to him. But he said if I would deposite a valu|able som hee would doe the like and would give bond, and have it tried as abovesaid. My answer was I thoughte the forty pounds was eno••e and that I expected executyon would com oute at the time, and should endevour by the time to provide enofe for it, but withal tould the governor it was at his liberty to remit it if he pleased by vertue of his comityon.

All so for my beinge in prison for not giveing bond for my good behaviour, when the sessiones came I was not broughte to my triall for that, but remanded to prisson again.

At ditto time the governor tould mee hee had put me in prisson on that account, and hee would abide by it till I would give two hundred pound bound. My anser was I had rather ly in prisson then give bond to tempt such a fello as Thurton, (or such others) that had sworne againste me alredy, and falsly, and judged it might be no scruple to him to doe the like again. And withal tould him that if his honner plesed to let mee oute of prison, I would ingaidge myselfe by bond to live oute of the provines, though that would be very detrementall to my con|serns and by that I hoped he would have no thoughts of my misbehaveinge myselfe, that would be detrementall to the kinges governmente here or himself. Not that I scrupled give|inge bond for my good behaviour, though not accused for anny thinge but for layeinge a temptatyon to som base minded person or persons to forsware themselves, as one had done be|fore in another case relateinge to me.

May 12th. Was informed that whereas Thurton had a comityon to be prisson keeper, (and withal had vapored and said the prisson was to good for Vaughan, and the roome that hee had sited up did intend to kepe it himselfe and that V. should take his quarters where he would assigne it, and that the prisoners should not be waited on as Abbot had done, for he would keep them loaked up, only com morninge and even|inge) loste his poaket booke wherein was his comityon and sundry papors of consernment.

N. B. The original of this letter and journal is in the hands of the Honorable President Weare.

No. XXXII. Copy of a letter from the governor and council to the lords of trade. [Council records.]

Province of New-Hampshire, May 23. 1684,

May it please your lordships,

SINCE Robert Wadly is returned from England having lately had an appeal dismissed by the council board, by

taking advantage of Mr. Randolph's absence, who was atturney for the parties, he hath put the people of this province into such a ferment and disorder that it is not possible to put his majestys commands in execucon or any ways govern them. And tho' notwithstanding in obedience to your lordships commands we have called an assembly (a copy of the proclamation for that purpose being herein inclosed) we cannot think it prudent or safe to let them sit; they being of the same ill humour or worse as when Gove went into arms, his design being hatch'd at the time the assembly sate. And it looks more like a design, they having those four constables into the assembly that the kings peace may not be preserved (the whole number of the assembly being eleven:) This Wadly 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 constantly of the assembly and speaker (this being the third that hath been called) I wish his majesties clemency do not cause some great mischief to be done here. They have never given two pence* 1.6 to the support of the govern|ment and that very rate that was made in the time of president Cutt and Waldron we have according to his majesties royal com|mission continued; but do not think it safe to publish it, unlesse we had strength to countenance our proceedings. This we conceived our duty to inform your lordships, and are,

May it please your lordships, Your most humble and most obedient servants,

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

The appllants claim by grant from Mr. Mason; and as for Wadley he hath been these sixteen days in the countrey, and tho' I have heard much of him, I have not yet seen him.

To the right honble. the lords of the comittee of trade and plantacon, at Whitehall.

No. XXXIII. Copy of a letter from Cranfield to Sir Leoline Jenkins of the same date. (Council records.)

May it please your honour,

WE humbly beg after your honour hath perused this let|ter 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 resolution; for it is no longer in my pow|er to promote the honour and interest of his majesty here, without a small fregate to second his majesty's broad seal and other his royal commands. As to the pirates your honour may be assured that myself and the council will punish them accord|ing 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 honour, your honour's most humble and most obedient servant, EDW. CRANFIELD.

I most humbly beseech your honour by the first opportuni|ty, to lend the king's letter to give me liberty to go off to Ja|maica or Barbados for my health; finding so great a weakness in my legs, which indisposition hath bin contracted by the se|verity of the cold.

To the Right Honourable Sir Leoline Jenkins one of his majesty's principal secretaries of state at Whitehall.

[The two preceeding papers are in the council minutes 2d Book.]

No. XXXIV. Copy of Mr. Weare's first complaint against Cranfield.

To the king's most excellent majesty and the lords of his most honourable privy councill.

THE humble representation of Nathanael Weare, inhabi|tant and planter in your majesty's province of New-Hampshire in New-England in America, on behalf of hims••lf and other your majesty's loyal subjects, inhabit••nts and plant|ers there, whose names are subscribed to the four annexed pe|titions, as follows:

1. That the hon. Edward Cranfield, Esq. your majesty's governor of the said province, upon his first entrance on that government, in order to the enlargement of his power as go|vernor there beyond the just bounds and limits your majesty was by your royal commission pleased to s••tt him, and to en|gross the whole power of erecting courts, with all necessary fees, powers and authorityes thereto into his owne hands, exclusive of the general assembly there. The said Mr. Cranfield at the first general assembly there, when the words of his commission ranne,

And wee doe hereby give and grant unto you full power and authority to erect or constitute and establish such and soe many courts of judicature and publique justice with|in the said province and plantacon within your government, as you and they shall think fit and necessary for the hearing

and determining of all causes, as well criminall as civill, ac|cording to law and equity, and for awarding execucon there|upon, with all reasonable and necessary powers, authorityes, fees and priviledges belonging unto them,

caused his com|mission to be entred in the councill bookes there and delivered 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 tryals there to his own advantage, as will appeare in one of the articles following.

2. Although your majesty has been gratiously pleased by your said commission to interpose between the inhabitants of the said collony and Mr. Robt. 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 com|mission directed to transmitt to England such cases impartially stated, with his opinion and reasons on the same, that your majesty with advice of your privy councill might heare and de|termine 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 pro|vince: And the better to come by what he hath soe purchased, he hath under colour of the authority of your majesty's com|mission made courts, whereof both judges and jurors have a|greed with Mason for their own lands, and some of them have taken grants from Mason of other mens lands. That neverthe|less th••s 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 directs as before) and the judgement entered accord|ingly, yet upon the execucon the inhabitants are turned out of their lands and houses, as it hath fared with Wm. Vaughan and others, and deprived of all subsistance.

3. That the charge of every action is raised from 20s. to 6l. 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 6l.

4. That the said Mr. Cranfield under colour of trying ac|tions, has by setting the fees soe extraordinary, forced severall

to quitt their claimes for want of money to carry on the suite▪

5. That the said governor taking upon himself the power of priceing money not entrusted with him by his commission, hath against the agreement of the general assembly, by advice of his councill, 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, parti|cularly Wm. Vaughan, until bonds given for their appear|ances and good behaviour, when nothing further objected to them.

7. That the said governor and his council took upon them to make laws and put them in execucon without the general assembly.

8. That to prove the articles above against Mr. Cranfield, the complainants have su••cesslessly endeavoured to procure warrants or summons from the secretary to sumon their wit|nesses to be sworne (which cannot otherwise be soe) the seek|ing of such summons has occasioned being bound to the good behaviour, soe as the complaining of a wrong done one does, under Mr. Cranfield's management, but draw a new punish|ment on the afflicted, but noe manner of redress.

All which the said Nath. Weare humbly lays at your ma|jesty's feet, imploring your majesty's present heareing what your petitioner is able to make out of the premises, and or|dering some commission to examine the truth of the residue of the said allegacons (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 releife as to your princely wisedom shall seeme meete.

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. XXXV.

Att the court at Hampton court, This 11th day of July, 1684. By the king's most excellent majesty and the lords of his ma|jesty's most honourable privy councell.

UPON reading this day at the board the peticon and complaint of Nathaniel Weare, inhabitant and planter in his majesty's province of New-Hampshire in New-England in America, in behalfe of himselfe and others his majesty's loy|all subjects and inhabitants and planters there, whose names

are subscribed to the fower peticons thereto annext against Ed|ward Cranfield esq. his majesty's governor thereof;

His majesty was pleased to order that the said peticon and complaint be, and they are hereby referred to the right honour|able the lords comittees of this board for trade and foreigne plantacons, who are to consider thereof and to report to his ma|jesty att this board their opinion thereupon, and then his ma|jesty will declare his further pleasure.

Philip Lloyd.

A true coppie.

[The two preceding papers are in the hands of the Honourable President Weare.]

No. XXXVI. Letter from the lords of trade to Governor Cranfield.

AFTER our hearty commendations to you. His majesty having received the petitions and complaints of divers of his subjects inhabitence and planters of New-Hampshier against you for certine irreguler procedinges alledged by them to bee had by you in the execution of your commission and admini|stration of justice: and it being ordered in councell that the said petitions and complaints bee examined and concidered by us that wee may report to his majesty our opinions, to the end his majesty's further pleasuer may be signified thereupon. Wee have therefore herwith sent unto you copies of the said petiti|ons and representations that you may return your particular answer thereunto with all speed, and that wee may the better distinguish the truth of what is aleaged or complained of, and of such defence as you shall be able to make. Wee doe think fitt that all persons whatsoever, have free libertye to depose upon oath what they know, and to take copies of all records in these or any other cases relatinge to yourselfe or the saide province, and that the said depositions bee taken in wrightinge by any member of the councell or justice of the peace in that collony, whome you are duly to authorize thereunto, and as we cannot beleve that you will put any restriction or discourage|ment whatsoever upon the takinge and transmittinge of all ne|cessary proofs and records, attested by the proper officers for the clearinge of truth in the matters complained of, soe we thinke it requisite that copies of all affidaves bee interchange|ably delivered, to each party concerned as soon as they shall be taken, and so not doubtinge of your complyance herein wee bid you hartyly farewell.

From the councell chamber in Whitehall this 23d day of J••ly 1684.

Your very loveing friends

• Radnor.
• Craven.
• Guilford. C S.
• Rochester.
• Halifax, C. P. S.
• Ernle. Godolphin.
• L. Jenkins.

To our very lovinge friend Edward Cranfield esq. lieutenant governor and commander in chief of his majesty's province of New-Hampshier in New-Eng|land.

A true copy,

William Blathwayt.

[This paper is in the council minutes 2d book.]

No. XXXVII.

At the court at Whitehall the 8th of Aprill, 1685. By the king's most excellent majesty and the lords of his majesty's most honourable privy councill.

UPON reading a report from the right honourable the lords of the comittee of trade and plantacons in the words following:

May it please your majesty,

Having received an order in council dated the 11th of July last, upon the petition and complaint of Nathanael Weare, inhabitant of your majesty's province of New-Hampshire in New-England, in the behalfe of himselfe and others your ma|jesty's subjects and planters there, against Edward Cranfield, Esq. your majesty's governor of that province, whereby wee were directed to report our opinions upon the said complaint Wee did accordingly transmit a copy thereof to the said Ed|ward Cranfield, and upon receiving his answer, and hearing what the complainants could alleage and make out against him; Wee find that the said Edward Cranfield has not pursued his instructions in reference to the propriety of soile which Robert Mason, Esq. claimes 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 endeavour to reconcile all differences, which if he could not bring to effect he was then to send into England such cases fairly and impartially stated, together with his opinion, for your majesties determinacon; 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 allow'd, without first representing the particular cases to your majestie. As to the complaint of his having raised the value of coines against the laws of the

assembly there, wee are most humbly of opinion that although it be your majesty's undoubted prerogative to set and deter|mine the price and value of coynes within your dominions, yet your majesty's governor ought not to have made any alterations therein without having received your majesty's speciall direc|tions. All which wee 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 decided. Wee further of|fer that William Vaughan, one of the complaynants attending this board, may have opportunity allowed him of appealing to your majestie within a fortnight from all verdicts and judge|ments given in New-Hampshire in his private case, upon hear|ing whereof and by the relation it has with others your majesty will be best able to judge of the right and title of the said Ro|bert Mason to that part of the province of New-Hampshire aforesaid, and upon bringing the said appeale that all proceed|ings at law relating to the said title may forthwith cease until your majesty's further pleasure be knowne.

All which is nevertheless most humbly submitted.

• ROCHESTER,
• HALIFAX, P.
• CLARENDON, C.P.S.
• BEAUFORT,
• ARLINGTON,
• OXFORD,
• CHESTERFIELD.

Council Chamber, 27 March, 1685.

HIS majestie in councill was graciously pleased to approve of the said report, and to order that his majesty's pleasure therein be signified to Mr. Cranfield accordingly. It was alsoe ordered that Mr. William Vaughan be allowed to appeale to his majestie within a fortnight from all verdicts and judgements given in his private case in New-Hampshire, according to the said report.

A true copy, WM. BRIDGEMAN.

[The preceding paper is in the hands of the hon. presid. Weare.]

No. XXXVIII.

AFTER our hearty comendations unto you, we have in obedience to his majesty's comands, received and exa|mined your answer to the complaint of Nathaniel Wear, inha|bitant of his said province of New-Hampshire, in behalfe of himselfe and others his majesty's subjects and planters there, and having likewise heard what the said Wear could bring in evidence of the said complaints, and thereupon reported our opinions to his majesty, Wee are comanded hereby to signifie

unto you, that you have not pursued your instructions in re|ference to the propriety of the soyle which Robert Mason, Esq. claymes in the province of New-Hampshire, inasmuch as you were directed that in case the inhabitants of New-Hampshire should refuse to agree with the said Mason you should inter|pose, and endevour to reconcile all differances, which if you could not bring to effect, you were then to send to his majesty such cases fairely and impartially stated, together with your opinion, for his majesty's determination; in stead whereof you have caused courts to be held in New-Hampshire, and per|mitted titles of land to be decided there, and unreasonable costs to be allowed, without first representing the perticuler cases to his majesty. And yet although it be his majesty's undoubted prerogative to set and determine the price and vallew of coyne with in his majesty's dominions, you have not done well in directing any alterations therein without his majesty's speciall order: In both which you have been wanting in your duty to his majesty. But that the chiefe occasion of dispute that pro|vince may be removed, we are farther directed to acquint you that as to the differances depending between the said Robt. Mason and the planters, his majesty hath been graciously pleas|ed by his order in councill, dat. the 8th of this instant Aprill, to permit William Vaughan, one of the complainants attend|ing this board, to appeale to his majesty with in a fortnight from the date of the said order from all the verdicts and judge|ments given in New-Hampshire in his private case, upon hear|ing whereof, and by the relation it has with others, his ma|jesty will be best able to judge of the right and title of the said Robt. Mason to that part of the province of New-Hampshire: And his majesty doth likewise thinke fit that upon bringing the said appeale by the said William Vaughan, all proceedings at law relating to the said title doe forth with cease until his majesty's pleasure be known. Whereof you are to take notice and to govern your selfe accordingly. And so we bid you very heartily farewell.

From the councill chamber at White|hall, the 29th day of Aprill, 1685.

Your loving friends,

• (Signed.) W. Cant.
• Guilford, C. S.
• Rochester,
• Halifax, P.
• Clarindine, C. P. S.
• Beaufort,
• Lindshy,
• Arlington,
• Hunington,
• Bridgwater,
• Chesterfield,
• Sunderland,
• Craven,
• Aylesbery,
• Midleton,
• Godolphan,
• J. E••••le,
• Geo. Jaffreys.

Directed to our loving friend Edw. Cranfield, Esq. lieut. governor and comander in chiefe of his ma|jesty's province of New-Hampshire in N. England.

No. XXXIX.

AFTER our hearty comendation: His majesty hath re|ceived the petition and appeale of Wm Vaughan, inha|bitant of New-Hampshire, from severall verdicts and judgments given against him in that province, which being refered to us by his majesty's order in councill of the 29th of Aprill last, that we should examine the allegations thereof, and make re|port of the same, with our opinion thereupon, wee have ac|cordingly appointed to heare all parties concerned in the se|verall cases therein contained, on the first Tuesday after mid-summer day which shall be in the yeare 1686: To which end we herewith send you a coppie of the said petition and appeale, which you are to communicate unto Robt. Mason. esq. and to all others whome it may concern, who are to take notice there|of, and to give their attendance at that time either by them|selves or by their agents sufficiently unpowered by them, to answer the said appeale, and to submit to such judgment here|upon as his majesty in councill shall be thought fitt. And you are likewise to permit all persons to have free accesse to, and take coppies of all records with in 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 writ|ing by any of the members of the council or justices of the peace in that province, without any hinderance or discourag|ment whatsoever, in order to be transmited unto us, for the clearing of truth in that appeale. And so we bid you heartily farewell. From the councill chamber in Whitehall, the 22d day of May 1685.

Your loving friends,

• Gilford, C. S.
• Halifax, Pr.
• Ormond,
• Rochester,
• Clarindine, C.P.S.
• Sunderland.

Lieut. gou. of New-Hampshire, or com|ander in chiefe for the time being.

[The two preceding papers are in the possession of John Penhal|low,esquire]

No. XL.

To the king's most excellent majesty. The humble petition and address of your majesty's dutiful and loyal subjects inhabiting in the 〈◊〉〈◊〉 of New-H••mp|shire in New England. [16••5.]

Most humbly sheweth,

THAT your majesty's loyal subjects of this province, had for more than fifty yeares been peaceably possessed of the lands lately challenged by Mr. Mason, and having found the same an utter desert and forest land, with excessive cost and hard labour reduced the same to a tollerable support of our selves and familyes and lately maintained the same with a ••ast expence of our estates and lives against the incursions of a barbarous enemy who had otherwise reduced the same to utter confusion.

That upon his late majesty's declaration and order for the settlement and government of this province, wee accounted ourselves happy for that therein we were by his said majesty's princely grace and favour, saved from the unreasonable de|mands which Mr Mason might have made upon us, by the li|mitations 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 finall determination might thereupon have been made by his majesty in councell, which if it had been duely attended had we doubt not long since by your majesty's justice and fa|vour putt us into an happy estate of quiet and repose.

That notwithstanding his said majesty's command and limi|tation, the said Mr. Mason hath been allowed to pursue many of the inhabitants, in severall suites and actions, wherein the government 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 assigne the said Mr. Mason sometimes tenn pounds, other times twenty pounds costs, when damages have been sometimes not above two shillings, very seldom ten according to the orders and li|mitations abovesaid.

That the said Mr. Mason beyond and beside the said quit rents, and directly against his majesty's order in the said com|mission, wherein the tennure of improved lands is assured to the ter-tenants upon payment of the said quitt rent, or otherwise as his majesty in councill should determine, hath disposed or given away the fee to several persons of several lands which were longe before his challenge fenced and improved by others, to the great damage and injury of his majesty's good subjects, beside many other irregularities in the management of the go|vernment, to the greate oppression and destruction of trade

within your majesty's province, and the utter impoverishing thereof.

That for the last two yeare's and upward dureing the whole management of Mr. Mason's suits at law against your majesty's subjects, there hath been generally one jury returned to serve all the said issues with little alterations and almost constantly one foreman, (who for that end wee are apt to feare) was ear|ly complyed with by Mr. Mason for all the lands in his owne possession formerly, with addition of several other lands to his owne proffitt.

That notwithstanding your majesty's late gracious order, and inhibiting of any further procedure in the case of Mr. Mason's title, until the cause were brought before your majesty in councill, Mr. Walter Barefoote who was left deputy gover|nour, hath since the arrival of your majesty's commands per|mitted executions to be extended, and persons thereupon im|prisoned in causes concerning the said Mason's title, with ex|cessive and unreasonable costs and damages.

And lastly, whereas your majesty hath upon complaint made against the irregular proceedings done and suffered, been gra|ciously pleased to permit Mr. William Vaughan, one of the principal inhabitants and merchants in this province, to take his appeale to your majesty in councill for reliefe, against se|verall oppressive judgments, one whereof referrs to the title of his lands within this province holden in the same forme with the rest of his majesty's good subjects here, wee do with all humble gratitude acknowledge your majesty's justice and favour herein and for that the pursuance and issue of the said appeale will therefore necessarily affect the whole province and be in|troductory to the determination of all Mr. Mason's challenge, wee have judged it our duty in most humble manner to prostrate ourselves at your majesty's feete, and have therefore betrusted and fully impowered Mr. Nathaniel Weare one of the inhabi|tants 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 poore and distressed sub|jects in this province, who is fully instructed humbly to repre|sent the same, and the arbitrary and severe oppressions wee have laboured under, from which wee are well assured of reliefe 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 wee may hence forward have our perfect and immediate dependence upon your majesty and the crown of England as well in the tennure

of our lands as in the affairs of government, which gracious in|fluence of your majesty is only able to revive and restore this province to its former flourishing estate and growth, whereby we may at length be made serviceable to your most sacred ma|jesty and the crowne which wee 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 wee shall ever pray, &c.

[This paper is in the hands of the hon. President Weare.]

No. XLI.

At the court at Whitehall the 19th of November 1686,

• (L.S.) Present, The king's most excellent Majesty.
• Lord Chancellor,
• Ld Treasurer,
• Ld President,
• Duke of Ormond,
• D. of Albermarle,
• D. of Beauford,
• Ld Chamberlain,
• Earl of Oxford,
• E. of Huntington,
• E. of Peterborough,
• E. of Craven,
• E. of Powis,
• E. of Nottingham,
• E. of Plymouth,
• E. of Morray,
• E. of Middleton,
• E. of Melford,
• E. of Tyrconnell,
• Viscount Stauronberg,
• Visc. Preston,
• Ld Bp of Durham,
• Ld Arrundell of Wardour,
• Ld Dartmouth,
• Ld Dover,
• Mr. Chancellor of the exchequer,
• Mr. Chancellor of the Dutchy.

UPON reading this day at the board a report from the honble the lords of the committee of council for trade and foreign plantations, bearing date the 6th day of Novem|ber instant, setting forth, that in obedience•• to his majesty's or|ders in council of the 25th of April 1685, and the 3d of July last, they have examined the appeal of Wm. Vaughan from a verdict and judgment given against him on the 6th day of No|vember 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 having heard the said Robert Mason and Nathaniel Weare attorney for the appellant and his council learned in the law, are humbly of opinion that his majesty be pleased to ratify and affirm the verdict and judg|ment aforesaid.

His majesty in council was pl••••sed to approve of their lord|ships said opinion and report, and to order the said verdict and judgment given against the said William Vaughan on the sixth

day of November 1683, in his majesty's courts in New-Hamp|shire in New-England, at the suit of Robt. Mason, esq as pro|prietor of that prouince, for certaine lands and tenements in Portsmouth in said province, be ratified and affirmed, and they are hereby ratified and affirmed accordingly.

WM. BRIDGEMAN.

Vera copia. per Richard Partridge, clerk. Copy as on file in the case, Allen vs Waldron, Exam. per Geo. Jaffrey, Cl.

No. XLII. Four letters or petitions from John Hogkins, commonly called Hakins, one of the sachems of the Penacook Indians. [From the originals in the Recorder's office.]

Honour gouernor my friend,

May 15th, 1685.

YOU my friend I desire your worship and your power, be|cause I hope you can do som great matters this one. I am poor and naked and I have no m••n 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. 〈…〉〈…〉 want pouder and such alminishon, shat•• and guns, 〈…〉〈…〉 forth at my hom and I plant theare. 〈…〉〈…〉 hand, but pray you do consider your 〈…〉〈…〉rvant,

JOHN HOGKINS.

• 〈…〉〈…〉,
• 〈…〉〈…〉,
• ...〈◊〉〈◊〉 〈☐〉〈☐〉 Hary,
• S••m 〈☐〉〈☐〉 Liuis,
• Wap••g••••nat 〈☐〉〈☐〉 Saguachuwashat
• Old 〈◊〉〈◊〉 〈☐〉〈☐〉,
• Mamanosgues 〈☐〉〈☐〉 Andra,
• Peter 〈☐〉〈☐〉 Robin,
• Mr. Jorge + Roddunnonu••••gus
• Mr. Hope × Hoth,
• John + Toneb,
• John a Canowa,
• John x Owamosimmin,
• Natenill † Indian.

Another from the same.

Honour Mr. Governor,

May 15, 16••5.

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 receve my hand then shake your hand and my hand. You my friend because I remember at old time when live my grant father and grant mother then Englishmen com this country, then my grant father and Eng|lishmen 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.

JOHN + HAWKINS, Sagamor.

[The rest as before.]

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 Indins 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 worship when please because •• come parfas [on purpose] I will speake this governor but he go away so he say at last ••ight, 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, JONN HOGKINS, Indian sogmor.

May 16, 1685.

No. XLIII. Letter from Capt. 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 inhabi|tants there by threatening of them, as alsoe by killinge theyre doggs; but more pertickularly in that on Friday, Saturday, and Lord's day last they have gathered all theyre corne, and are removed both pack and packidge. A word to the wise is enough The old proverb is, forwarned forearmed. Myself and rest in commission with us are fourthwith settinge ourselves in a posture, and tomorrow our counsell meet for to consider what is needful to be done. Not els, beinge in great hast, butt remayn.

Sir,

your obliged servant, FRANCIS HOOKE.

Kittery, 13 Aug. 1685.

No. XLIV. Report of persons sent to enquire into the above matter. (No date or signature.)

To the honourable Walter Barefoot, Esq. and the councell of Great-Island.

Gentlemen,

ACcordinge to your command and order to me, bearinge date the 2d instant, I have to the utmost of my power observed every particular. Upon our arrival there on Friday night they were all very courteous to us, and in the morninge my orders were read which was very kindly received by them, and the reasons why they deserted the places where they usu|ally abode among the English was,

1. That ••our Indians came from fort Albany to the fort at Pennicooke and informed them that all the Mohawkes did de|clare they would kill all Indians from Uncas at mount Hope to the eastward as far as Pegypscut.

2. The reason of Natombamat, sagamore of Saco, departed his place was, because the same news was brought there as himself declared upon reading my orders at Pennicooke.

3. Natombamat, sagamore of Saco, is gone to carry the In|dians downe to the same place where they were before depart|ed from us, on Sunday morninge, and desired Capt. Hooke to meet him at Saco five days after.

4. Both sagamores of Pennicook, viz. Wannilanset and Me|sandowit, the latter of which is come downe, did then declare they had no intention of war, neither indeed are they in any posture for war, beinge about 24 men besides squaws and paposes.

5. Asking the reason why they did not come among the English as formerly, they answered they thought if the Mo|hawkes came and fought them and they should fly for succour to the English, that then the Mohawkes would kill all the English for harboring them.

No. XLV. Articles of peace agreed upon the eighth day of September, in the year of our Lord 1685, between the subjects of his majesty king James the second inhabiting the provinces of New-Hampshire and Maine, and the Indians inhabiting the said provinces.

IT is agreed there shall be for the future a lasting peace, friendship and kindness between the English and the In|dians, 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 threaten to any injury, the sagamore to whom that Indian doth belong, shall punish him in presence of one of the king's justices of the peace.

That if any other Indian shall designe any mischief or 〈◊〉〈◊〉 to the English, the Indians inhabiting the aforesaid provinces shall give present notice thereof to the English, and shall assist the English.

That so long as the aforesaid Indians shall continue in friend|ship ••i••h the English, they shall be protected against the Mo|hawks, or any others, and may freely and peaceably set downe by the English ••ear any their plantations.

• Robert Mason,
• Robert Elliot,
• John Davis,
• Walter Barefoote,
• Henry Green,
• Francis Hooke.

• The mark of 〈☐〉〈☐〉 Mesandowit.
• The mark + of Wahowah, alias Hopehood.
• The mark 〈☐〉〈☐〉 of Tecamorisick, alias Josias.
• The mark ∽ of John Nomony, alias Upsawah.
• The mark W of Umbesnowah, alias Robin.

We whose names are hereunto written do freely content and engage to comply and perform the within written articles as our neighbours have done, and do further engage as fol|loweth:

Lastly, That the Indians shall not at any time hereafter re|move from any of the English plantations with their wives and children 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 chil|dren without such fair and timely notice given to the English, that then it shall be taken pro confesso that the Indians do in|tend and designe 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 ho••ti|lity against them until the sagamores shall make full satisfac|tion for all charge and damage that may arise thereby.

• John Davis.
• Francis Hooke,

• The mark 〈☐〉〈☐〉 of N••tambomet, sagam. of Saco.
• The mark X of Wahowah, alias Hopehood.
• ...

• The mark ) of Ned Higgon.
• The mark 〈☐〉〈☐〉 of Newcome.
• Kancamagus, alias John Hawkins, sagamore, signed this instrument, 19 7ber, 1685, his G mark.
• Bagesson, alias Joseph Traske, O his mark.

And agreed to all within written. Testis, JOSEPH RAYN.

No. XLVI.

Portsmouth, the 7th of Sept. 1687.

To the much honred cort now siting in said Portsmouth, for the prouine of Newhampshir, The humbel petishon of William Houchins, on of his ma|gesty subgicts belonging to said prouinc, humbly seweth for aduic, ade and releff in his deplorabell ••••••t and con|dition.

THAT whareas it has plesed God to lay his hand uppon him, and that hee is in such a condition not being abell to help him selff, as to the geting a liuing or proquering help or remedy for my destemper, being low in the world, and hauing useed all the menes and aduic posabell for nere fiue year past; hauing bin informed by som that it is a destemper caled the king's euell* 1.7, so can not be qureed but by his ma|gesty. Hauing littell or nothing in this world, if my liff should 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 ether by breff or any other way that youer honers shall think most meet to moue the harts of all cristen people with compation to besto 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 condition I am in, trusting in God and youer ho|ners for help and aduice, subscrib youer por deplorabell sar|uant,

WILLEAM HOUCHINS.

No. XLVII. A letter from Secretary Addington to Major Waldron, appriz|ing him of his danger from the Indians.

[The original in the hands of the hon. Thomas Westbrook Waldron.]

Honble Sir,

Boston, 27 June 1689.

THE governor and councill haveing this day received a letter from Major Henchman of Chelmsford, that some Indians are come into them who report that there is a gather|ing of some Indians in or about Penecooke, with designe of mischiefe to the English. Among the said Indians one Haw|kins is said to be a principle designer, and that they have a particular designe against yourself and Mr. Peter Coffin, which the councill thought it necessary presently to dispatch advice thereof to give you notice, that you take care of your own safeguard, they intending to endeavour to betray you on a pretention of trade.

Please forthwith to signify the import hereof to Mr. Coffin and others as you shall thinke necessary, and advise of what informations you may at any time receive of the Indians mo|tions.

By order in councill, ISA. ADDINGTON, Secy.

For Major Richard Waldren and Mr. Peter Coffin, or either of them, att Cochecha; these with all possible speed.

No. XLVIII. Copy of an address of the general court to Queen Anne, Decem. 6, 1709. [Council minutes.]

To the queen's most excellent majesty. The address of your majesty's most dutiful and loyal subjects, the governor, council, and representatives of your majesty's province of New-Hampshire in New-England, convened in general assembly,

Most humbly sheweth,

THAT in the midst of the great distresses, that your ma|jesty's most dutiful and loyal subjects of this yo•••• majesty's province were involved in, by the frequent incursions of our ill neighbours the French of Canada and their dependent Indians, to the great hurt of our plantations and settlements, your sa|cred majesty has been pleased of your royal bounty and com|passion to supply us with a number of cannon and stores for our defence, the receipt whereof has invigorated and encou|raged us in the defence of our frontiers, and our marches a|gainst the Indians in their secret recesses in the woods, which are always and still successfully put forward by your majesty's governor for our security, to our perfect satisfaction.

That while we were thus defending ourselves and families, against the common enemy of the repose of all your majesty's British subjects in the plantations abroad as well as in Europe, we were pursued by the challenge of Mr. Allen for the lands and soil under our feet, which we have this sixty years defend|ed with our lives and estates, as well as the assistance of our good neighbours of your majesty's colony of the Massachusetts, your majesty of your royal and princely regard to us has dis|missed th•••• challenge, which will forever encourage us to our utmost power to defend this your majesty's province, since we may now hope to leave our children in the possession of the country, with an entire dependance upon your majesty and your royal successors without the danger of any further unjust challenge from those persons that have so long disturbed us with their claims.

And whereas your majesty out of a gracious regard to this and other your provinces in these parts of America, was pleased to form a design against the French settlements at Canada and Nova-Scotia the last summer, but a more important service in Europe requiring your majesty's forces which were intended hither, whereby that design is laid aside for the present; we most humbly pray your majesty that it may consist with your royal pleasure to revive the said design, and that the expediti|on lately intended may be prosecuted seasonably the next spring; and that your majesty's arms in America may have a glorious success as in Europe, to the utter confusion of your enemies, and lasting repose of all your majesty's good subjects inhabiting this continent.

We most humbly render our everlasting praises to Almighty God for your majesty's most glorious successes against the tyran|ny and usurpation of the French king and heartily pray for your majesty's long life and happy reign and the continnuance of the protestant succession, for the benefit of your majesty's subjects of Great Britain, of all your majesty's dominions and plantations, and of all Europe who have had the unspeakable benefit of your majesty's unparalleled reign.

We are your majesty's most loyal and obedient subjects,

• Mark Hunking, speaker. Signed in presence and by order of the House of Representatives.
• Cha. Story, secretary. Signed in the presence and by order of the Council.

Portsmouth, in New-Hampshire, 6th December, 1709.

END OF THE FIRST VOLUME.

Notes

• * 1.1

  William Wentworth was one of the first settlers at Exeter, a••••d after the breaking up of their combination for government he removed to Do|ver and became a ruling elder in the church there. In 1689 he was re|markably instrumental of saving Heard's garrison, as is related in the proper place. After this he officiated for several years as a pre••••cher at Exeter and other places, and died in a very advanced age at I 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.
• * 1.2

  The great house stood opposite to the house of Mr. Temple Knight.
• * 1.3

  Vide Hutch. collec. pap. p. 339.
• * 1.4

  This must mean the charter to the council of Plymouth.
• * 1.5

  Mr. Moody 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 Hamp|ton church for a common drunkard and died excommunicate, and was by his friends thrown into a hole near his house for fear of an arrest of his carcase. Barefoote fell into a languishing distemper whereof he died. Coffin was taken by the Indians, [at Cochecho 1689] his house and mill burnt, himself not being slain but dismissed; the Lord give him repentance, though no signs of it have yet appeared.
• * 1.6

  The first assembly voted two hundred pounds to the governor, but it is not certain that he accepted it though he consented to the act.
• * 1.7

  This petition is inserted merely as a curiosity. It was a received opinion in that day that the distemper called the king's evil could be cured only by the royal touch. The following ad|vertisement 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 Mi|chaelmass. And his majesty's chirurgeous desire to prevent his majesty being defrauded, that greater care be taken for the fu|ture in registring certificates given to such as come to be touched." Lond. Gaz. May 29, 1682.