Rolls of the Soldiers in the Revolutionary war, 1629 to 1725, Part 44

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That the Government of Boston continue still to collect customs & Coine money.


That there is hardly one child baptized in all the Colony of Rhode Island & none lately in the Province of Maine & few in any other of the Colonies.


That nothing at present will be more welcome to the Generality of the People than His Maties letter to the Colonies requiring that none be admitted to the Magistracy or freedom but such who do now take the Oath of Allegiance and that their Children be admitted to Bap- tisme.


That he has discoursed with some of the Inhabitants of the Province of Maine who would in a little time advance so much money as the Bostoners have given for it provided they might be assured of a Gov- ernmt to be settled amongst them as it was by Commission from Mr Gorges distinct from any other place.


That there is an absolute necessity of Erecting a Great Councill chosen out of the chiefest & best of Every Colony with a President to.


Lastly He makes his Request to the Lords for some allowance for his extraordinary Expences which are very great in His Matys Service.


Then follows S' Ed. Andros letters from New York.


New Hampshire Papers. Vol. 48, Page 424-5.


[Abstract.


1680.]


To the Right honble the Lords Committees of Trade & Plantacons.


The humble peticon of Robert Mason Proprietor of the province of New Hampshire in New England against ye Massachusets. Shew- eth That yor petrs Grandfather by virtue of a Grant from King James in the Eighteenth year of his Reign was the sole and legal proprietor of the province of New hampshire in New England wherin he did expend upward of 220001b


That in 1676 there came over (from the Massachusetts) Two of those Magistrates commissioned as their Agents wherupon there were Sundry hearings before his Majty Councill, The Lords Committees of Trade and plantations, and the Lords Cheif Justices before whom


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the said Agents did disclaim all right and title to the Lands claimed by yor petr and only insisted upon the Governmt of a part therof.


That accordingly his Majty by his Royall Commissions in Septem- ber last did establish his authority in a great part of that province and constitute a President & Councill for Governing therof by which means yor petr has possession awarded him of that part of the prov- ince that lyes between the Rivers of Pascataway and Merrimack ffor the other part of the said province of New hampshire which they still usurp. A Report for setling yor petrs right therunto was prepared by yor Lordships order But by reason of the Earnest Sollicitations of the said Agents (who had been here neer Three years) to return home to take care of their owne domestick affaires yor pet" did not then press the reading of the said Report upon their desires and Engagement, that other Agents should come over in Six Months according to his Majts Letters of June 1679 upon dismission of the said Agents within Six months to receive his Royall pleasure That the time of their appearance being long since elapsed without any appointment of other Agents to be sent hither, that Governmt building their hopes that some disturbance here at home or warrs abroad will divert his Majty from looking toward them being the occasion of this their high con- tempt of his Majts Commands according to the long continued Maxim of that people.


Yor petr therefore most humbly prays That in regard he is with the first conveniene going to New England to settle his affairs and the said Governmt having plainly disobeyed his Majts Commands to send over such Agents That yor Lordships willbe pleased to offer the said Report to his Majty for his Royall determination therin, And that yor pet' may not any longer be kept out of his inheritance (which his Ancestors have purchased at soe dear a rate) by the injustice, vio- lence, and Delayes of his Adversaries cheifly occasioned by his adhering to the Crown, and refusall to Submit to their Governmt And yor petr shall ever pray Robert Mason


[Endorsed] Petition of Mr Mason Against the Massachusetts Recd the 6th of Aug 1680.


[Council to Lords of Trade and Plantations, 1681.] New Hampshire Papers. Vol. 48, Page 448-9. [May 7, 1681.]


From the Councill of New Hampshire to the Commtee


May it please yor LoPs At the same time that We received His


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Mats Royal Letter to us dated the first of October 1680, by the hands of Robert Mason Esq' which was about ye latter end of Decembr following ; We had the Hon' to receiv another from yor Lordships by the hands of the Secretary M' Chamberlain Wherin is repuired of us to transmit to yor Lops a Quarterly Account of all the public transactions & important affairs of His Mats Province which are specified more particularly in yor said Letter But here We most humbly beg His Mats Gracious pardon & yor Lops favorable thoughts in that particular, since We cannot have so frequent opportunities in this place as We desire (especially in the winter season) of sending into England This conveyance by Capt" Peck being ye first from this Province since the arrival of His Mats Commands signified by yor Lops And like wise the first since His Mats Royal Commiss" to us And as often as we shal have them, We shal not fail (with God's per- mission) to make use of such opportunities, to send within ye times prefixed. ffor ye present we shal endeavour to do Our Duty to His Maty in presenting Yor Lops with those Accounts & informations required of us in yor Letter to Us, in ye Same Order & method, as to their several heads, in which they are set down therein.


And first, as a Civil matters, We humbly referr Yor Lops to ye view of our Laws, & of Our Acts & Orders, which We from time to time have made & pass'd (& now sent) since y arrival & in pursuance of His Mats Gracious & Royal Commission : There being litle of note, & worthy to be communicated to yor Lops relating to that General head, but what is to be found among those Laws, Acts, Orders & entries All which We find very satisfactory to ye People & conducing much to their Peace & quiet.


As for Ecclesastics, those affairs remain as formerly Each Town of ye Province is supply'd with an Orthodox Minister, to ye satisfac- con of His Mats Subjects.


Concerning our Military discipline We must like wise referr much of that to ye Councel's Acts for appointing Officers, & exercising y' Souldiers. There is at ye Great Island in Portsmouth at ye Little harbour mouth a ffort wel enough situated, but for ye present too weak & insufficient for the Defence of ye place, The Guns (being eleven in number) are small none exceeding a Sacre, nor above 2100 waight ; and ye People too poor, to make defence suitable to ye occa- sion that may happen for ye ffort. These Guns were brought, & the ffortification erected at the proper charges of the Towns of Dover & Portsmouth, at the beginning of ye first Dutch war, about the Year 1665, in obedience to His Mats Commands, in His Lettr to ye Gov- ernment, under which this Province then was. There are five Guns more lying at the upper part of Portsm purchased by private persons


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for their security and defence against the Indians in the late war with them; and wherof the owners may dispose at their pleasure, To supply ye foresaid defect & weakness of the Guns & ffort We humbly supplicate His Maty to send us such Guns as shal be more serviceable, with powder & shot agreeable The income of the pow- der & customs for ye maintenance of ye said fort is inserted after ye Acts & Orders. The Trade of this Province exported by ye inhabit- ants of its own produce, is in masts, planks & boards, staves, & all other lumber. Which at present is of litle value in other plantacons, to which they are transported ; So that we see no other way for ye advantage of the Trade, unless His Maty please to make Our River of Pascataqua a free Port. Importacon by strangers, of litle value ; Ships comonly selling ye Cargos in other Governments. And if they come here usually come empty, to fil with lumber : but if hapily they are at any time loaden with any fish ; it is brought from other parts, there being none made in our Province :


In reference to improvement of the Land by Tillage, Our soil is generally so barren, & ye winters so extreme cold & long, that there is not provision enough raised, to supply ye inhabitants. Many wherof were in ye late Indian War so impoverished, their houses & estates being destroyed, & they (& others) remaining stil so incapacitated for ye improvement of ye land (several of ye youth being killed also) that they even grone under ye tax or Rate assess'd for that service, which is yet (great part of it) unpaid to this day.


Thus we have given Yor Lops a full & we hope a satisfactory Ac- count of all the important matters of this Province, according to the best of our endeavours & understandings And if we have err'd or come short in any thing properly to be required of us, We humbly beg yor Lops pardon, & further Commands by way of advice wherin We may amend & present yor Lops with a better informacon for the future. ffor We are May it please Yor Lops


Your most Obedient Servants


Richard Waldern president


John Gillman


Elias Stileman dept prsidt Christoper Hussey


Richard Martyn


Samuel Dalton


Wm Vaughan Job Clements


Tho Daniel R. Chamberlain, Secr.


Dated at Portsm. May 7th 1681


[Addressed] To the Right Honble Lords of His Mats Most Honble Privy Councel The Committee for Trade and Plantacons at White hall - Present


Recd ye 20th Sept 1681


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New Hampshire Papers. Vol. 48, Pages 438-9.


[May 14, 1681.]


From Mr Chamberlain to M' Blathwayt


Sir, The last time I had ye Hon' to wait on you, to receiv your Instructions you were pleased to lay yo' commands upon me to two things chiefly ; To do my Duty according to the tenour of my Place & Commission, in relacon to the public ; without taking open notice of my friend M' Mason's private concerns ; and also to write to you wheresoever I should be. The latter has bin done hitherto, from ye Isle of Wight & Boston : I hope you have rec'd my Letters. The other remains to give an Account of which I hope wil not be disa- greeable, since (I am sure) I have endeavoured with ye best of my Judgment faithfully to execute yor orders, And therefore when ye Councel four several times at ye time of ye General Assembly pro- posed, press'd & threaten'd if I refused ye Oath of Secrecy (which I have related in my Narrative to ye Lords,) I told them it was my purpose to demean myself with a Deference to His Mats Councel here, as became me : but so as by the Law of England that ancient & honble service of Homage was wont to be performed, that is, sav- ing ye faith & allegiance I ow'd to Our Soveraign Lord ye King, & my Superiour Lords, And, to conclude this passage of ye Oath, I moved, as a middle expedient I might have it respited til I should hear out of England & if ye Lords of ye Councel commanded me to it, I should be ready to swear : but after that, being set upon by ye whole Posse Comitatus of Councel Ordinary, & Extraordinary their Arch-Bishop (& Chief Justice too) Mr. Moody, that is sui & utriusq. Juris & ye other Ministers of the Province of State I should have said & several from Boston being present, I said it was to me a won- der to hear of this matter, which themselves objected to me (upon occasion of my taking notes) that it was respited; & therefore I positively declared, I neither could, nor would derogate from His Mats Commission, let them do as they pleased with me. I said even now that M' Moody was of ye Councel virtually & so I beleev M' Mason wil inform you of his Superintendency in all affairs public & private : but I confess I told him, he was none of ye Councel. It was upon his inculcation of my Secrecy-Oath, & construction of ye words of my Commission, hinting to me that thereby I was directed to be ser- viceable to be Councel ; to which I reply'd, he might please to take notice of ye copulative [assistant & serviceable] But how ever it ·was, he then so much resented it, that I fear I have done my business for a Church member.


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The Laws were made (as far as ye Councel have power to be legis- lative) and published just as we came (all but that for Courts, & ye Rate now lately done) When they were read at ye assembly, in order to correction & amendment I made my remarks (such as they were) and first took exceptions to ye whole System in general being collected mostly out of the Massachusets Laws (& surely it could not wel stand with ye mind & pleasure of His Maty that we here should cast off obedience to their Jurisdictions, & yet voluntarily submit to, & yoak our selves so inseperably to their laws,) & then because unne- cessary, the King having sent a great Volume of Laws copiously & accurately done to their hands. I did likewise make my objections sereatim to some different & repugnant ones ; as to yt of punishing Manslaughter with death ; disallowing mariage by Divines & giving ye power to ye Councel (but that was amended as to ye former part,) to that arbitrary Sentence in case of ffornication of fine, marriage, cor- poral punishment, or all, or any of them : & that was likewise qualified with Deletion of ye words (or all) To ye making Larceny, Robery & Burglary not ffelony, nor punishable by Death, but after a third time, at ye discretion of the Court The Law for false witness is defferent, & others yt of confirmacon I conceiv ipso facto repugnant. But my Excepcons were over-ruled unless in ye above menconed amendments & some verbal & literal errata.


There was a Protestacon desired to be entered by Mr Mason as to ye said Law of confirmacon of Town grants, & I desired to speak to it, and give my Opinion, as it is part of the Commission, I grounded upon some Rules of Law, that they had disabled themselves from being mediators thereby & compared to some known cases in ye Law of England &c. How some of the People, by ye unlucky ex- ample of the chief here, have thro' fear prehaps, as wel as insincerity opposed, is a matter yt I for my own particular have reason enough to deplore, besides that of friendshp but ye circumstances Mr Mason wil inform you. Tis Time & a litle more of his industrious sprit yt wil I hope in God, perfect this affair wel begun, to our contents I shal never be wanting (observing yor instructions of moderation &c) to assert his right as I have hitherto done, when any fair opportunity has presented it self, & that to ye best of my wil & understanding & I have ever defended or excused, whenever he has been unjustly opposed, or charged.


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One observation (amongst many) I am desirous not to prætermit, which is this. The word (cases) since they stand upon every word in ye latter part of ye Commission concerning ye agreement, that seems advantageous, I thought, was material, as showing ye entendment of ye Commission, that taking M' Mason's right for granted, & as a thing


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paramount where some special subsequent matter (be it what it wil) as disagreement about ye value of ye land, rent or some other unfore- seen matter, made ye Cases doubtful; there such cases should be stated & transmitted ; but it was never intended to give a general power to disagree, for that would be but one Case, & not Cases. And ye Councel must needs be intended by His Maty to be wel satisfied of the clear right which himself declared in Councel, when he made them Reconcilers, els it would have bin against Law & a wrong (which ye King cannot do,) to make ye Parties (the Councel being tenants too) Judges of ye Case ; for it is not reasonable, to think they would give Judgment against themselvs : which was ye reason M' Mason declined their hearing his Case who thus unaccountably stood out. Certainly ye Maxime of Law is good : That things of this nature should be taken by entendment, equity, & that all ye parts may be expounded one by another, Ut res magis valeat quam pereat.


But, Sir, I fear I have transgress'd in this length out of a through desire to do my duty, & trespass'd upon yor more worthy imployment of yor time I beg yor pardon, & (if you please) yo' assistance, for some better setlement in this hard & not very wel natured place ; and that I may stil be continued (paralel to the true respect I have for yor worth) in ye hon' to be, Sir


Yor most obliged & faithful Servt


Rich : Chamberlain


Portsmº May 14th 168 1 [Addressed] These To William Blathwait, Esqr Present Whitehal [Endorsed] Recd ye 24 July 1681 Read 10 Nov' 1681


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[Secretary Chamberlain to Lords of Trade and Plantations. ]


New Hampshire Papers. Vol. 48, Page 452-3. [May 16, 1681.] -


Lre from Mr Chamberlain


May it please yor Lordships.


In obedience to yo" Lops Commands by yor Letter of ye ffirst of October last requiring me to give yor Lops an account of all matters transacted in the Office of Secretary (& Clark of ye Councel) of this


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Province of New-Hampshire I humbly present to yor Lops this follow- ing narrative.


Upon the Twenty-fourth of December I arrived at Portsmouth at the House of John Cutt Esq" then President, since lately deceased, unto whom I delivered yo" Lops Letter of Septemb" 30th 1680 : and show'd him His Mats Commission, whereby I was appointed Secretary for ye Province and Clark of the Councel.


Upon the 28th of Decembr the Councel met, where ye said Commis- sion and yor Lops Letter were publicly read ; It was debated about three days, whether they should admit me, or not, but at length upon ye 30th of the said Month I was admitted According to ye Duty of my Place & Office, I did desire the Books papers & records of ye Councels proceedings to be delivered to me, which were in the hands of Mr Stileman One of ye Councel, ffor ye Councel book, it was denied me, upon p'tence that there was not any, then desiring one to be made, I was told ye Country was poor, &c but afterwards at their Meeting in March I had a Wast-book of ye Councel's Acts & Orders deliver'd me to transcribe & keep ye fairer book then brought, being to remain in ye hands still of M' Stileman ffor the records & papers recorded (as on file) he retains them too, as an Officer called Recorder, & is be- sides Clerk of ye Writs, besides Capt" of the ffort, as appears in ye general Account to yor Lops ffor to make my Commission insignificant, they have appointed three among themselves to be parcel-Secretaries or Registrars of ye Province, viz .; ye foresaid Stileman (for ye matters aforesaid) for Portsmouth & Dover ; Samuel Dalton for Hampton & Exeter ; and Richard Martin to take account of all ships & other ves- sels coming in & going out. I have informed ye Councel here what I take to be ye Law in this case, that persons that are Judges in any Court of Judicature cannot regularly be ministers also at ye same Court & it is derogatory to His Maty establishment, to have the Deputy President of the Province & a Law maker, so mean an Officer as to be a maker of writs & attachments. The fees I do receiv, are so inconsiderable they are not worth ye naming, and for my Salary & perquisits I should receiv (that I may live,) as it is directed in my Commission to be settled according to ye measure of other (His Mats) Plantacons, they do not think fit to do it, so that I have hitherto but the bare name of an office, ye profits being shared amongst ye foresaid persons. I do therefor humbly beg Yor Lops favour in my behalf ; that His Majty will be graceously pleased to establish ye Salary, with Commands to the Councel to pay it, & that I may enjoy ye Place of more than a nominal Secretary, & Register (or Clerk of ye Councel) & ye issuing forth writs with ye other due perquisits as appurtenant & part of ye Place.


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Upon the Second of March the Councel & Deputies met, being called the General Assembly to hear Appeals having formerly de- clared themselves to be a Court of Appeals (but they have no such power by His Mats Commission, which appoints Appeals to His Maty before yo" Lops) and to review yie Laws they had made, at their for. mer Meetings an Abstract whereof are by this Ship sent to Yo' Lops for His Mats allowance I gave my Opinion as they were read, which of them were different, which repugnant to ye Laws of England & ye Commission as I conceived that for confirmation of titles & Town- grants to be which are declared by His Mats Commission & Letters to be illegal, as Yo' Lops have at the Hearings before you concerning M' Mason's interest given yor Judgments.


I desire to acquaint Yor Lops that the Councel several times would have imposed an Oath of Secrecy upon me, & that I should not enter any matter or debate or give account of any passages but what they should Order, which I have refused, as being inconsistent with my Commission (by virtue whereof I hold myself to be in & so admitted, & from which I was very unwilling to derogate) Yor Lops Commands, & ye Nature & Duty of my Place It was hinted, that if I would not take the Oath, I should not be Secretary here. Afterwards it was moved, that when they had any private business, I should withdraw I told them, they might use their pleasure ; but I was not willing to suspend myself. It was reply'd, They knew what they had to do : whereupon it is conjectured, they debate matters before they came to ye usual place of Session.


The Deputies for ye several Towns are Eleven, named (it is thought) by the Councel & that they will not admit any person to give vote in election of Deputies but whom they please I was at the Election at Dover in ffebr. last ; where M' Mason took ye opportunity of making himself known to the inhabitants, & discovering his inter- est as Proprietor, & making offers of confirmation & grant according to His Mats Proposition ; where with many were wel satisfied. At that time several Demanded their liberty to vote, which. was deny'd by Maj' Waldron, now President. It was then said, there were not thirty persons allowed of & M' Mason withdrawing, was followed by a many complaining, that about a hundred & fifty persons were ex- cluded from voting ; tho' all of them (it was said) pay great Taxes.


The Councel have writ a Letter to give Yor Lops an account of the state of the Province; and yor Lops may please to receiv that of Mr Mason, now going for England, who perhaps will give it more fully & particularly as to the place and persons, having been. in most parts thereof.


' And here I crave leave to give Yor Lops informacon of a matter of


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perhaps the greatest moment in this Province; that is what has pass'd in reference to ye said M' Mason the lawful Proprietor therof, so declared by His Maty and his Learned Councel; and one of the Councel, and whom His Maty hath been pleased to take care for, & settle his affaires & interest in ye same Royal Commission whereby He hath established His Government here His Maty was pleased at M' Mason's coming into this Province to appoint him by His Royal Letter to be of ye Councel thereon, and did declare his legal right to ye said Province according to his Royall Commission of ye 18th Sep- tembr 1679 ; Requiring the Councel to publish the same. The Pres- ident John Cutt being ill, the Councel defer'd ye publicacon til ffebr : but so soon as it was published, wherein His Maty had declared the Agreement made on their behalf with Mr Mason as to their improved lands, and about ye same time M' Mason fixing up his Declaration for satisfaction of the People on his part ; the People came in from all parts and welcomed him into the Country, desiring a confirmation of their estates in their lands, & to take Grants for ye same with addi- tion of more land, some of them having lived in these parts above Twenty years & yet could never obtain ye least parcel of land for their convenience of trade & living (as many of them in my hearing complained) So that in a short time near half the Province had bin with him, and entred their names with me as Secretary of the Prov- ince, most of them complaining of the heavy burthens & oppressions they lay under But there hath not bin that good understanding between M' Mason and the Councel, as I suppose, His Maty might reasonably expect, he having (it seems) refused some Proposals made by them at his first coming about their undertaking to raise a yearly rent payable to him upon each Town of the Province, and to be managed by them He declaring, that he would treat with every one apart, and let them lands as he should see cause, and if any of his Tenants afterward had just occasion of complaint, he could & would ease them at his pleasure, and would not trust that power to others : the People generally desiring also to hold their estates immediately of him. Whereupon they have endeavoured to give him what trouble they can, by diswading the People from agreeing altho I must confess some of the Councel likewise have to my knowledge several times affirmed, they did not desire to hinder any persons from com- plying & taking conveiances from M' Mason Yet they wil not endure he should be owned as Proprietor, tho I take it to be clear His Maty doth ; and at ye General Assembly on ye 3ª of March last, when M' Mason was prsent, & all his Grants (as wel as His Mats Commiss" & Lettr) read in prsence of the Deputies & discoursed, to give them all ye satisfaccon imaginable, they were so far from receiv-




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