Rolls of the Soldiers in the Revolutionary war, 1629 to 1725, Part 45

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MISCELLANEOUS PROVINCIAL PAPERS.

ing any, that opposing his, & (tho required showing no Title of their own), they encouraged the Deputies to ye same opposition, & to pre- . pare & present something by way of Remonstrance from the respec- tive Towns, of which they were ye Representatives.

When the Councel seem'd to doubt of M' Mason's being the true person, & ye deeds true copies, I was concerned to testify, & own my own hand to ye examinacon, yet they doubted stil, because they would stil doubt.

May it please Yor Lops in due love to truth & justice I cannot omit, that several scandalous reports & libels were dispersed; that Mr Mason had a Design to enslave the People, & to make them pay 2$ for every chimney, & 10 a year for every room they kept fire in ; they should neither fish nor fowl; & many things besides, for ye future, not to be known or foreseen, to ye prejudice & ruine of the People, Things which I must beg leav to say, I know to be utterly untrue, & by conversing with him, know he designs as much ye con- trary, ye general good & indulgence of ye people, as in him can pos- sibly lye. And I must affirm that he has used that fair Deportment, that his enemies as wel as ye rest of the People wil say, he deserves highly to be respected, & no person that came to treat with him ever went away dissatisfied. And had ye Councel bin such as His Maty might reasonably expect, there had not bin any difference between him & the inhabitants, who (as I have bin informed) do say, that if the Councel wil order them to agree with him they are ready to do it. The litleness of ye objections ye dissenters make to so clear a Title, & Grants so fully proved (as yo' Lops very wel know) & ye incon- stancy of their argumentacon in flying to & shifting the several pre- tended Titles (but showing none) as for ye purpose, sometimes claim- ing from ye Indians ; then by a prtended conquest (which was their defending themselves) against ye Indians, & ye like gives me occasion to think it nothing but interest, that makes them stand out, and be- cause they have given to one another great Tracts of land of Mr Mason's and have sold land to many persons without legal title, and do apprehend ye purchasers, upon eviction or new agreement, wil come upon them for ye purchase money. At present they have made a Law to confirm all Town grants, upon which I did (as my Duty obliges me) give my Opinion for ye repealing thereof (at ye time of amendment of several particular matters in their new Laws at ye Gen Assembly as being repugnant to their Comiss" by vertue whereof they make Laws, which excludes all but M' Masons Right : but tho they have thought fit to repeal some ; as (for instance) that no Law &c shal be imposed but such ashal be made by the Gen Assembly & approved by ye Councel; and another for punishing with Death

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Rebellious children, yt wil not obey ye voice of their father, or ye voice of y" mother) Yet this confirmacon-Law stands, & is sent to receiv its Sentence more honorably.

The President named by His Maty dyed ye latter end of March & was an honest loyal Gentleman & stood for ye Proprietors right, own'd him & purposed to take his Grants from him, He that now succeeds, is Richard Waldron Esq' concerning whom yor Lops wil receiv a more perfect character from M' Mason who has taken several Depositions relating to him. There was a debate for ye supplying ye member of ye Councel since ye death of one (viz : ye late President) but there is no entry ordered of wt persons names shal be sent.

( 1

I must inform Yor Lops that Mr Mason has forborn to sit, or act in public matters of ye Councel, he being unsatisfied in ye legality of their proceedings ; ye reasons himself wil offer to yor Lops The People do complain of great Taxes, & that it doth not appear how expended. I am,

May it please Yor LoPs Yo' Lops most humble & most obedient Servant New-Hampshire May 16th 1681. Richard Chamberlain.

[Council of New Hampshire to the King, 1681.] New Hampshire Papers. Vol. 48, Page 454.

[May 31, 1681.]

From the Councill of N : Hamphs To the Kings most Excellent Ma- [Seal] jesty

May it please yor Majty

Wee have received by the hands of M' Mason yor Royall letters & comands wherein we are required from time to time to render an account of all occurrences & transacons among us wch we are now applying our Selves wth all humility & fidelity to doe

Upon the arivall of Mr Mason wth a Speciall order for admiting himselfe into the capacity of a Member & M' Chamberlain of a Secre- tary to the Councell we Imediatly yielded our obedience thereunto Since wch time our President John Cutt , Esq' is deceased & Richard Waldern Esq' late Deputy Presidt is now Presdt & Elias Stileman Esq' is by him chosen Deputy according to direction in our Comis-

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sion : Wee have also framed severall lawes & constitutions (A coppie whereof we herewth all send) wth out any repugnancy to, & in as great an Identity to & consonancy wth yor Majtys lawes as our Abillities would reach, & as we thought most Sutable to our Circumstances, in obedience to wch yor Majts Subjects have heither to peaceably & to their good Satisfaction demeaned themselves, not doubting but if yor Majty wth the advice of yr most Honble Privy Councell see meet to con- firme them they will through Gods blessing attaine the ends proposed in yor Majtys Comission of keeping the people in a right understand- ing of & Submission to yor Majtys Royall Authority, the suppressing of vice & encouraging of vertue.

The great matter of difficulty now among us is referring to M' Ma- sons pretensions to the propriety of the lands we possesse, some countenance to his clayme whereunto he hath gotten in yor Majtys Comission under the broad Seal, which we cannot but thinke has been by inderect meanes & untrue informations (in wch he abounds) ob- tained. Wee are informed yt he has no Authentique Originall or Du- plicate of any grant for the soyle, nor hath he in any measure attended the scope of such Grant (if any such had been made to him) viz. the peopling of the place & enlarging yor Majtys Dominions, both wch have been vigorously attended by the present Inhabitants. The vast ex- pence of estate is mostly if not merely A pretence. An house was hired in this province but the disbursements laid out were chiefly in the Neighboring Province of Meyn on the other side of the River, and for carrying on an Indian Trade in Laconia, in all wch his Grandfather was but a partner, however he would appear amongst us as sole proprietor, That we have no other right but wt is derived from the Massachusets by vertue of their Imaginary line he asserts, but it is another of his groundless Imaginations, for we were possest of the soyle long before the Massachusets medled wth us, Indeed we at length desired them to Govern us, when Experience had taught us yt by our Combinations whereinto we entred (the Originals of wch Signed by the Inhabitants are yet Extant) to prevent the confusion of Anarchy we could not govern ourselves, And being under their Govermt we used such methods for the alloting of lands to perticular persons as they did, but never thought of deriving from them any Propriety to those lands wch under yor Majty & Royall Predecessors we accounted our own before; besides yt our Articleing wth them they tooke us under their Govermt will abundantly evidence upon what terms we stood in point of our lands.

Instead of a ffinal Expulsion by the Massachusets wch he alleadges, we can plentifully prove yt the undertaking was Slighted & place wholly deserted both by Capt John Mason & any Agents for him

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many yeares before ever the Masachusets were concerned therein or had extended their line so farr : Nor hath the carriage of Mr Mason since he came among us been at all dissonant from the false informa- tions given against us, but such as wee are abundantly sattisfied yor Majtys wisdome will Judge very unbecoming his place & pretensions viz his amusing the poor people by threatenings, Insinuating into them by fair promises & ungrounded Intimations, much reflecting on the Councill, Imperiously requiring & comanding them as Proprietor (for so he stiles himselfe) to attend his pleasure, speaking & carrying slightly & contempteously of & to them, the ready way to teach the people A low esteem of yor Majtys Authority by & according to wch the Councill acts. His getting Severall names (& more names then hands for Sundry whose names are in his book doe utterly disclaym any assent of theirs thereunto) Some of wch are under age, others are ser- vants & Apprentices, by wch he thinks to make A great Shew else where as he hath made A great confusion here, whereas in reality al the names he hath obtained (except some few yt have been frighted or deluded into they know not wt divers of wch also upon better consid- eration have recanted) are such as if the quallity of the persons were known to yor Majty & Honble Privie Councell, they would be very little credit either to his cause or to him yt hath by such indirect means procured them, unto whom he hath likewise granted and laid out Sundry improved lands & pastures where our timber & firewood growes wthout wch there is no possibility for our subsistance, utterly refusing to admit of any Applycation to the Councell whome yor Majty hath Comissionated to interpose. Other persons also yt are Strangers to us hath he allured to give in their names, promising to dispose of our lands to them, to the great prejudice of them yt are & long have been setled on the place. And further tels us and the people yt if we comply not wth him he will Imediatly returne for Eng- land & reassume his Govermt of the place long Agone granted (as he saith) to his Ancestors (though of late modestly by himselfe delivered up to yor Majty) & then chuse his own Council & proceed as he thinks meet, (however we cannot forget yt yor Majty tels us in our Comis- . sion that there was never any Govermt granted over this place til now) and he so carries it as if he had yor Majty & Councill wholly at his Devotion & could doe with them wt he pleaseth.

Hereupon the Inhabitants of the four towns feeling & foreseeing the evil come & comeing upon them thought it their duty not to be wanting to themselves in ye use of all lawfull meanes Especially such as yor Royall Comission hath directed them to, and hence have pet- tioned the Councell to interpose between M' Mason & them, & humbly to address to yor Majty for relief. In their petitions they

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`Sadly Complaine of the disturbance they meet with from M' Mason, the dangerous consequences whereof they dread (insomuch yt we ac- counted our selves obliged to omit A declaration for the present keeping of the peace among the people lest further mischiefe should follow. A coppie of wch we have sent wth other our acts & order ; the vast expence of time and great trouble they have been put to the impossibility of living if Mr Mason obtain but yt they must be con- strained after they have worn out themselves wth hard labour to get a poor living and spent their estates upon A wildernes (and a wildernes it had been to this day for anything M' Mason would have done towards its manuring for non would ever have sate down on it but in hopes of being freeholders) to remove where they may find A place (if at last they may find a place) where under yor Majty protecon they may live, having no hopes of being able so much as to live under such Impositions as are inevitably under such a Proprietor. And these Subscribrs are the Generallity of the whole Province yt are house holders, & men of any principles, port, or estate ; besides that divers among them of whom M' Mason (having wihout their consent (as they say) set down their names) boasts as his clyents, have voluntarily sub- scribed the petition to ye Councell therein profesing yt they se no way to prevent the utter ruin of themselves and prosperity if they comply wth Mason And such is the affecting cry of yor Majts poor dis- tressed Subjects on this account as is enough to make both the eares of him that have it to tingle & they further tell us that all their hope under God is in the goodnes, mercy & equity of yo' Majty whom they therefore desire us humbly to supplycate that they may have liberty to speak for themselves not doubting but that they shall be found both Loyall Subjects, & under yo' Majty & by the authority of yo' Royall predecessors true & lawfull Propriet's of what they Possesse And seing that (as they & wee understand) yor Majty did not abso- lutely comand them to own Mr Mason as Proprietor but directed unto this way for releif that we shall not be accounted offenders for our slownes to become Tenants to any Subject A thing wch bears So il among us in A vast wildernes wheither our ffathers transported them- selves & us in hopes of better things & where was room enough for Accommodation otherwise And whereas we are . . . med by yor Majty to interpose between M' Mason & the people & state the case wth our Opinion thereupon, we are humbly of Opinion that M' Mason hath rendered that Comand Impracticable ; for till A case be Agi- tated & debated by the persons concerned, it cannot be stated, nor opinion given of it, wch M' Mason utterly declines though we have often offered it, & yt in obedience to our Comission, but could from time get no other answer from him save this, that he had nothing

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to doe to be concerned wth Councill Town, or Society of men, but wth each man in particular.

Wee are Jealous lest by our prolixity we may seem tedious, & are sensible how unable wee are to word things so as may be worthy of Yo' Royall view, and therefore humbly crave pardon for any rudene or unmeetnes of Expression, wherein we have not wittingly failed nor are we Ignorant that complaints & accusations have been & may be carried to yor Majty against us, wch hath been the lot of some of the best of men, as we find in holy writt, but it quiets us yt we know our desire is to keep A conscience void of offence towards God and man, and that we have to doe wth A just & Gracious Prince yt will condemn no man before he heares him, And by that time we have had the Liberty of A fair plea, fear not to vindicate our names & reputations from those unjust aspersions of disloyalty to yor Majty or unrighteousness to others that may be cast upon us, And doe pro- fesse it to bee our Duty (and it is our practise) to give God & Cesar his due, to obay your Majty and to pray for all that are in Authority over us, and principly for yor Majty for the lengthening out of yo' life & prosperity & that we may under the Shadow of yo' Royall Protec- tion live quiet & peaceable lives in all godlines & honesty. Sub- scribeing ourselves

Yo' Royall Majtys most Loyall Subjects Richard Waldern president . John Gillman Elias Stileman dept prsdt Christopher Hussey

Richard Martyn Samuell Dalton Wm Vaughan Job Clements.

Tho Daniel

Portsmº in the Province of New Hampshire May 31th 1681 [Endorsed] May 31th 1681 From ye Councill of New Hampshire to the King. Recd ye 20 Sept 1681 Read 10 Nov 1681

[Proceedings in Council, 1681.] New Hampshire Papers. Vol. 48, Pages 426-7. [168I.]

A Narrative of the proceedings of the Councill of the Province of New Hampshire in New England, Upon rect of His Mats Comission

The Commission under the Great Seal for establishing his Mats authority in the said province being by M' Randolph delivered unto

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John Cutt esq' appointed President of the Councill upon the 27th of Decem' 1679, The President forthwith Summoned the Severall per- sons named in the Commission to be of the Councill to hear it read which being done he required them by virtue of the said Commission to accept thereof and to administer him, the oaths of Allegiance and Supremacy and the oath of a Counsellor that soe they might enter upon the administration of the affaires of the province But Rich- ard Waldern and Richard Martin two of those named of the Councill said they would take time to consider thereof and perswaded the rest to doe the like.

The said Waldern and Joshua Moody the Minister of Portsmouth went to Boston, to consult some persons in that Government, how they should proceed in reference to his Majts Commission and after some days being returned to portsmouth they Two together with Richard Martin did goe to the President and told him they were resolved not to owne the Commission and did earnestly importune the President to reject it. Waldern saying he would be hanged at his door before he would act by authority of that Commission. The President told them that he would give obedience to his Majts Commands and ad- vised them to doe the like the said Waldern Martin and Moody did by their Sollicitations prevail with those other persons named of the Councell not to accept thereof Supposing by that means to compell the President to quitt the Commission believing he would take upon him to act singly Soe that the Twenty days time limited by his Majty for publishing the Royall Commission and their accepting of the Government were expired

Hereupon the President having advised with severall of the Princi- pall and loyall persons of the province, did by a publick Declaration give notice to all the inhabitants that he did accept of his Majts Com- mission and required them to repair unto the Towne of Portsmouth upon a Day prefixed to hear the Commission read and to consult with him for carrying on the Government untill his Majts pleasure were known and commanded all persons in his Majts name to for- beare giving any disturbance to the peace of the province as they would answer the contrary at their perill, the which Declaration was received with a generall joy and Satisfaction of the people.

Upon the proceedings of the president Waldern Martin and others sent to the Severall Ministers of the Province to advise with them what was to be done, Who meeting at Portsmouth in the house of Martin ffour days were Spent in consultation, at last it was resolved, That they would accept of the commission and assume the Govern- ment, least the President should putt others in their places it being better for them to govern who had formerly been in Commission

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under the Massachusets Government then for others of different prin- ciples to command them, And these reasons were sent unto Some of the Magistrates of Boston to Shew the necessity of their owning his Majts authority and obeying his commands.

Then Waldern Martin and the rest went unto the President and declared unto him that they did accept of the Commission But withall, told him That since his Maty had allowed liberty of conscience to his protestant Subjects, and they being unsatisfied with the man- ner of taking the oaths in England, as repeating the words in the oaths of Allegiance and Supremacy and Swearing upon the holy Bible to be needless ceremonies they thought it convenient to dis- pense therewith, and having heard the aforesaid oaths read unto them and holding up their hands declared them to be well taken.

The day after being the 21th January they make choise of Three more to be of the Councell Two whereof were in Commission while the Massachusets usurped the Government of the province, and Waldern gott himself to be elected Deputy President and continued Commander in cheif of the Militia a place he held formerly under the Massachusets.

The major part of the Councill being ill pleased with the former proceedings of that loyall Gent John Cutt esq' President Since de- ceased whom they found too much addicted to his Majts Service take an advantage of his illness and absence to make an order to limitt the President to a Single Vote and have ever Since acted without him.

Then the Councill issue out Summons for chosing of Deputies for the Generall Assembly, but withall publish an Order That none should presume to give their votes for choise of Deputies but Such as they Should nominate upon penalty of ffive pounds and in Townes of above Two hundred houses not above Twenty persons permitted to vote at the day of Election very many did demand their right and liberty to vote, but were denied, and threatened to be punished by Waldern and others for contempt' of authority in disobeying their commands So that the Deputies in effect are chosen by the Councell.

The Councill have declared them selves to have a Legislative power and that no Law shalbe of force but what is made by the Assembly and ratified by them.

They have declared themselves a Court of Appeals and have Denyed Appeals to his Majty and have threatened to punish Such as should appeall from them to his Majty contrary to the Express words of the Commission

They have made a Law to confirm the Laws of the Massachusets Colony and the Title to Lands derived from that authority.

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They have made a Law that no Magistrate or Elder of a Church shall pay any Tax or Rate whatsoever, whereby the Councill and Deputies are freed from impositions the Inhabitants are rated at Will and doom some persons that are not worth 1001b being rated farr more than those who are worth 10001b

They have raised Great Summs upon the inhabitants and it doth not appeare how expended, the only visible expence being in eating and drinking the Councill allways meeting in an Ordinary.

They ffined Capa Barefoot rofb for accepting a Comission from Mr Randolph to be his Deputy Surveyour at Pascataway and committed him to prison untill paid Saying that all persons that were employed in Such business should be punished.

Upon complaint of great numbers of the inhabitants of the heavy Taxes laid upon them It was demanded of the Councill upon the I Ith of March last an accompt in writing what moneys have been assessed levyed and collected Since the establishment of the present Govern- ment and how and for what expended that his Majty might be informed of the State and condition of the province, but it was positively denyed.

The Councill would have enforced an Oath of Secresy upon Mr Chamberlain his Majts Secretary of the Province, and Clerk of the Councill that he should not give an account to his Majts of their pro- ceedings nor write any matters to England but such as they should order, and for refusing hereof he was threatened to be turned out off the Councill, and hitherto have settled no Salary upon him and have appointed Two of themselves to be Recorders & Secretaries of the province, who share the profits and ffees between them thereby defrauding him from the Rights of the place.

Upon the whole matter it may cheifly be observed.

I. Most of the Councill did to their uttmost oppose his Majts Royall Commission for setling the province

2. The Councill have not taken the oaths of Allegiance & Su- premacy as the Commission and Law icquires.

3. They have appointed the Deputies for the Assembly and would not Suffer the inhabitants to give their votes.

4. They have declared themselves a Court of Appeals and have Denyed Appeals to his Majty contrary to the Commission.

5. They have made Severall Laws absolutely repugnant to the Laws of England, and derogatory to his Majts Royall authority.

6. They have not given his Majty an account of their proceedings nor transmitted their Laws although positively required to be done every Three months at least and have particularly ordered That the Laws for taxing the people, and freing themselves and their party shall not be Sent to his Majty

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7. The Councill is overruled by Waldern Martin and Some others who doe deny his Majts Sovereignty in the province, and upon Sundry occasions have uttered words of a dangerous and pernicious conse- quence.

All which wilbe made out upon Oath if yor Lordships shall think fitt to requre it.

[Endorsed] Narrative of The Proceedings of New Hampshire. Read ye 6 Sept 1681. Read again Ioth Sept. 1681.

[Robert Mason against the Council, 1681.] New Hampshire Papers. Vol. 48, Page 456-7. [168I.]

To the Right Honoble the Lords of his Majts most Honoble privy Councel a Committee of Trade and Plantations.

The humble Petition of Robert Mason Esq' agtt ye Councel of New Hampshire, Sheweth,

That his Majty by his Commission under the Great Seal, bearing date the 18th of Septm 1679, did constitute a President and Council for governing a part of the Province of New Hampshire in New Eng- land and of his Royall Goodness was most graciously pleased to take care of the concerns and interest of the petr and to declare the ancient and legall right and title of the pet's Ancesters to the said province by virtue of a Grant derived from his Majts Royall Grandfather King James in the Eighteenth year of his reign out off the possession whereof he had been long kept by the Govern and Company of the Massachusets Bay. And his Majty was further pleased to declare to the Inhabitants of the said province, That to prevent any unrea- sonable demands which might be made by the petr His Maty had obliged him under his hand and Seal, to remit all Arrears of rent unto the 24th of June 1679. Nor molest any in their possession for the time to come, and make out titles to them and their Heyres for ever. Provided they will pay unto the pet' and his heyres upon a fair agreement in Liew of all Rents Sixpence in the pound, according to the just and true yearly value of all houses built by them and of all lands which have been improved by them and that the residue doe remain unto the petr to be disposed off for his best advantage. And

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Rolls of the Soldiers in the Revolutionary war, 1629 to 1725, Part 45

Author: None Publication date: Publisher: Number of Pages: 860

Author: None
Publication date:
Publisher:
Number of Pages: 860