USA > New Hampshire > Rolls of the Soldiers in the Revolutionary war, 1629 to 1725 > Part 46
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for the more Easy and quiet Settlement of his Estate, His Majty did impower, and require the President and Councell to interpose and reconcile all differences if they can, that shall or may arise between the petr and the severall inhabitants and if they cannot to Send such cases fairly and impartially stated to. his Majty that by the advice of his privy Councel His Majty may determine therein according to Equity
But so it is may it please yor Lordships, That upon the arrival of the petr in the said province in decemb last after Twenty years Solli- citing his Majty for releif in confidence of quietly enjoying his inheri- tance and reaping some benefit from the great Expences of his An- cestors, He was greatly opposed by the Councell most of whom having been in authority under the Massachusetts whilest they usurped a Jurisdiction in the province and had given Each other large tracts of the petrs lands, and sold great quantities to the Inhabitants at dear rates who instead of paying obedience to his Majty Commands and doing right to the petr, make use of his Majts Commission only for private Ends against his Royal authority and at their first setting make a Law to Secure their Detension Usurpation and disposal of the petrs lands in these words To prevent contention and controversy that may arise among us, by reason of the late change of Government It is ordered by this Assembly, and by the authority therof, That all lands, Townships, Towngrants with all other grants lying within the limits of this Province and all other rights and properties shall stand goo1 and are hereby confirmed to the Towns and persons concerned, in the same State and condition as they did before the late alteration By which Law the petr just right and title is wholly excluded And Severall of the Councel had the confidence to Say That neither His Majty or the petr had anything to doe in the province or right to any land therein and urged there own late made Law in barr.
Nevertheless petr did by Severall Declarations, give the Inhabitants to understand his legal right & title derived from the Crown, the in- validity and illegality of their late Law and Town grants and that pursuant to His Majts commands he was ready and willing to confirm the Lands they had improved with addition of more lands upon very reasonable terms, the which offer, the petr also made unto every one of the Councill Severally, by his Letters of 4th ffebruary last he being resolved nothing should be wanting on his part towards a fair and Equitable agreement Hereupon the then president John Cutt esq" desired a Grant for his lands and advised others to the same and ex- pressed his dislike of the Councils proceedings so that in a short time above half the inhabitants of the province, and of the better sort came to the petr to have the Lands confirmed and entred their names and
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lands for the passing of Deeds which as Soon as they could be writt were Sealed.
That Richard Waldern, Richard Martin, with others of the Councill and Joshua Moody a preacher did publickly excite the people not to come to any agreement, or to owne the petrs title Severall consults are held with some of the factious Magistrates of Boston, how to op- pose the pet' Seditious Sermons are preached and Scandalous Libels are scattered abroad, to amuse and distract the people by which means many were diverted from coming to the petr and some were opbraided, and others threatened for owning his Title; and the Councill them- selves did make it their business in the Severall Townes where they live, to goe from house to house to diswade the people from coming to any agreement Yet most of those who stood out, did say that if the Councill would order them to pay the Quitt Rents they would willingly doe it.
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That after the death of the said president who was succeeded by Richard Waldern the Councill Summon the petrs Stewards to appear before them, take away their Deputations threaten to punish them for demanding his Quitt Rents and forbiding their Servants to fell his woods without licence first obtained (which the petr freely granted to all that asked it) And doe declare these actings of his Stewards to be a breach of the peace and high offenders and doe require them in his Majts name and at their perill to desist.
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The pet' to put an issue to these disputes and that a Speedy deter- mination may be given in whom the right and title is and that the in- habitants may not be held in Suspence or suffer prejudice by longer delays did Summon Richard Waldern Richard Martin and others, to appeare by themselves or Sufficient Attorneys within Three months before his Majts in Councill as the Sovereign and Sole Judge in this case, to Sett out their respective Titles to the lands they possess, or claim within the said province and unjustly detain from the petr in default wherof he would humbly implore his Majty justice for a finall judgment against them and in the meantime did desire the Councill and every of them to have a care not to make use of his Majts name for private ends against his Royall authority nor to give any interrup- tions to the petrs in prosecution therof.
Hereupon Richard Waldern Richard Martin with some others of the Councill, issue out a Warrant for apprehending the petr in these words. To John Roberts Marshall of the province of New Hampshire You are hereby required in his Majts name to apprehend the body of Robert Mason Esq' and him forthwith to bring before the president and Councill if Sitting, if not, before the honoble Richard Waldern esqir President or the honoble Elias Stileman Deputy President, or any
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Two of the Councill to be disposed according to their best discretion, So that he may appear at the Councils next Setting to give answer for his Usurpation over his Majts authority here Established in Sitting up a Declaration in publick bearing date 2 of May 1681 therein Sum- moning in his owne name and case, the honoble president, with Several of the Councill and other persons of quality to appear before our Sovereign Lord the King within Three months, and what else he shalbe then charged with hereof fail not at yor perill and this shalbe yor Sufficient Warrant Dated in Portsmouth 18th May 1681 And Richard Martin did say to the petr if the Councill could handsomly meett with him they would stop his voyage for England. And they did Sollicit the Master of the Ship not to receive him on board.
The pet' therefore most humbly prays That yo' Lordships wilbe pleased to consider of, and report these and other the informations and proceedings of the said Councill unto his Majty all which he is ready to make out, and to move his Majty that the aforesaid Law, and other their arbitrary and partial orders, be declared Null and void And that his Majty wilbe pleased to declare according to a Report prepared by yor Lordships in July 1679 that all Grants Titles and Alienations of the said Lands made by or by authority derived from the Governor and Company of the Massachusets Bay be absolutely void and illegal as also to require and command the inhabitants to acknowledge and receive him as their true and lawfull proprietor under his Majty And that the aforesaid persons who have been con- tinual opposers of his Majts Royall authority as well as the petrs law- full rights, may be Summoned to appeare before his Majty in Coun- cill to sett forth their respective Titles to the Lands they claim and detain from the petr And to command all persons who shall refuse or delay to agree with the petr upon the terms and conditions ap- proved and appointed by His Majty be inhibited from cutting or fell- ing any wood Unless for their necessary firing untill his Majty Shall have given his own Royall Determination in their particular cases And that his Majty wilbe pleased to take some effectual means for the reinforcing his Royall Authority there, that the pet' may not be any longer kept out of his inheritance by the contrivance and practices of evill minded men. And yor petr shall pray.
[Endorsed] Peticon of Mr Mason agt Councill of New hamps. Read 10 Novr 1681.
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- [Proceedings in Council, New Seal, Proclamation, Governor and Council Sworn, etc.]
New Hampshire Papers. Vol. 47. [Seal] (Duplicate of what was formerly sent)
At a Councel held at Portsmouth October ye 4th 1682.
A new Commission from his Maty produced by Edward Cranfield Esqr Constituting him His Mats Lieutenant Governour & Commander in chief of this His Province of New Hampshire, was read, & accord- ing to the direction in the said Commission, the said Edwd Cranfield Esq' was by ye Persons nominated & appointed therein to be of ye Councel, sworn upon the Holy Evangelists, and He took ye Oaths of Allegiance & Supremacy. And Robert Mason, Richard Waldron Thomas Daniel, William Vaughan Richard Martin, John Gilman, Elias Stileman, Walter Barefoot & Richard Chamberlain Esqrs were all in like manner sworn And ye old Comiss" was declared to be void in & by vertue of ye said new Comis".
The old Seal of ye Province having this Inscription Sigillum Preas- identis et Consilis de Provincia Novæ Hamptoniæe in Nova Anglia, was by ye Governour demanded (as directed by the said Commiss") & delivered up to him by the late President Richard Waldron Esqr And a new one of Silver brought by the Govern' having these words around it Sigillum Provinciae, Nostrae Novae Hamptoniae in Nova Anglia, was shown, & is to be kept & in custody of the Governour.
Agreed & Ordered by the Govern' by & with ye advice & consent of ye Councel, That ye following Proclamacon or Publication of ye Honble Edwd Cranfield His being Constituted Govern' (as abovesaid) be made in ye ffour Towns in these words.
By the Govern"
WHEREAS HIS MOST EXCEL' Our Soveraign Lord King Charles ye Secd Hath thought fit to make void His Royal Comiss" of ye 18th Sept. 1679 & all ye clauses matters and things therein contained ; And hath by a New Comission or Patent under ye Great Seal of Engld bearing date May ye gth 1682, Constituted & appointed Me Edward Cranfield Esq' His Lieuten' Govern' & Comander in chief of this His Province of New Hampshire ; I do therefore according to his Mats Command publish ye same. And all the Inhabitants of ye said Province are hereby required in His Mats Name to take special notice thereof, & to give obedience thereto accordingly.
And all Officers Civil & Military, are to continue in, & discharge ye Duty of yr respective Offices & Places, til they shal receiv further Order therein.
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Dated at Portsm this 4th day of October 1682, in ye 34th year of .His Mats Raign (Directed to ye Constables of each of ye 4 Towns.)
The Councel adjorn'd to Octobr roth following.
At ye Meeting of yr Govern' & Councel at Portsm Octobr Ioth Ao. Dni. 1682.
The Govern' & those of ye Councel were sworn upon ye Book (as before) in the Oath for due execucon of their Trust & Administra- con of Justice in their respective Places in this form following, taken from ye old Comis" none being particularly appointed by ye new.
You shall swear, wel & truly to Administer Justice to all His Mats good Subjects inhabiting within ye Province of New Hampshire under this Government ; & also duly & faithfully to discharge & exe- cute the Trust in you reposed, according to ye best of yor knowledge. You shal spare no person for favour or affection, nor any person greev for hatred or ill will. So help you God.
And (ye Statute book being as yet wanting) ye Govern' & Councel subscribed ye Test or abjuracon of Transubstantiacon in ye Holy Sacrament of ye Lords Supper, having said after ye Clark of ye Coun- cel, as ye form is, in these words.
I Edwd Cranfield (so I Rob' Mason &c) do declare, That I beleev that there is not any Transubstantiacon in ye Sacrament of ye Lords Supper, or in ye elements of bread & wine, at or after ye con- secracon thereof by any person whatsoever.
Ordered by ye Govern' in Councel, That ye Secr & Cl: of ye Coun- cel have the Records books & Papers relating to ye business of ye Province, delivered to him ; & that he have all due Perquisites pur- suant to his Comision The Governour in Councel doth Order, That all Commissions from His Maty and His Royal Highness, be entred in ye Councel Book, & in ye Secretaries Office Viz :
His Mats Royall Commission impowering Edward Cranfield Esqr
- His Lieutent Govern' & Comander in chief of His Mats Province of New Hampshire, bearing date May 9th 1682.
His Royal Highness ye Duke of York's Comission, made to ye Governour, for the execucon of ye Office of Vice-Admiral And His Comissns for Judg Register & Marshal of ye Admiralty, all bearing date June 29th 1682.
The Comission from His Maty to William Blathwayt Esq' consti- tuting him Surveyor & Auditor General of all His Maty Revenues in America bearing date May 19th 1680, And ye said William Blath- wayts Grant of Deputacon to Richd Chamberlain Esq' for this Prov- ince of N : Hampshire.
His Mats Comission to Edward Randolph Esq' appointing him Collector Surveyor & Searcher of His Mats Customs in New Engld bearing date Octobr 15th 1681.
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The Secret. & Clark of ye Councel of N : Hampshire his Comis- sion from His Maty bearing date Sept. 30th 1680.
Ordered likewise by ye Govern' in Councel, That ye Letters viz : That from ye Right Honble the Lords Commission's of ye Treasury, relating to ye Kings Revenues in America : And that from ye Right Honble ye Lords of ye Committee for Trade & Plantacons to ye Secr. & Cl of ye Councel for Transmission of ye Public Acts & affairs, having all bin read, with due obedience thereto injoned, be entred in ye Councel Book & in ye Secretaries Office
Richd Waldron & Richd Martin Esqrs were by ye Govern' suspend from ye Councel according to His Mats Instructions under ye Signet or Sign manual upon certain accusations & charges exhibited agt them.
Ordered by ye Govern' in Councel, That a Sumons or Warrant issue forth in His Mats Name & agreeable with His Royal Com- issn and be directed to ye Constables of the four Towns respectively, for ye election of Deputies for ye General Assembly viz :
By the Governour
IN HIS MAIS NAME YOU are hereby required, with ye soonest convenience to call together ye ffreeholders of ye Town of Portsm (so of ye rest) for ye chusing of Three persons (so Two for Excetr) of ye same; such as shal be fitly qualified to be Deputies for ye Gen Assembly. And ye Three persons (so Two) so elected by ye Major- ity of Votes (as hath bin used) Shal make their personal appearance at M' George Snell's house at Portsm on ye second Tuesday in November next (being ye 14th Day thereof) by nine a clock in ye fore- noon, in order to making of such Laws & constitutions, as are agree- able to this place, & not repugnant to those of Engld according to His Mats present Comision. And you shal return ye names of the elected Deputies ; & if any of them shal be absent from ye Town meeting you shall give him notice of such his election. Hereof fail not. Dated at Portsm Octobr 4th 1682.
And you are also hereby required to administer ye Oath of Alle- giance to all His Maty Subjects inhabiting within ye Town aforesaid (Directed to ye Constables)
Ordered, by reason of some opposition lately made to ye Constables in levying ye Rates, That a Warrant issue forth for ye impowering them therein as follows.
By the Governour
WHERAS HIS MAty by. His Royal Comission bearing date ye Ninth day of May, in ye 34th year of His Raign Hath bin pleased to con- tinue ye Taxes or Rates by ye late Government already assessed & imposed upon ye Inhabitants of this Province of New Hampshire, til
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ye General Assembly shal have considered & agreed on ye fittest ways for raising Taxes for defraying ye charge of ye Government ; These are therefore to require you in His Maty Name, wel & truly to do yor Duty in reference thereto & forthwith to collect & levy all & singular ye Taxes or Rates wch are already assess'd according to the method and power prescribed & given you by ye late Authority. Hereof fail you not at your peril. Dated at Portsm Oct 14th 1682. (Directed to ye Constables.)
Ordered by ye Govern' in Councel, That Capt" Daniel & William Vaughan Esqs & of ye Councel, take order for a convenient Meeting place for ye Councel & Deputies of the Gen' assembly in some pri- vate house in Portsm It being His Maty Pleasure & Comand not to have any in Taverns & such like public places.
Elias Stileman Esq' delivered up ye Books of records ye papers on file Which by the Governours Order were received by the Secr & Cl : of ye Councel according to a former Order.
A catalogue of which is hereunder written viz :
One Book of records bearing date 1640
One other Book of records dated 1658 ·
One other Book containing Bils of sale & mortgages, Dated 1667.
' One other Book of records dated 1674
Two Books of records of ye Court of Associates, bearing date 1663, & 1675.
Edwd Randolph & Mark Hunkins Case 1679
Records of Dover Court 1673
Records of Hampton quart' Court 1681.
Records of Hampton qu : Court 1680
Records of Dover qu : Court 1681.
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Records of Portsm qu : Court 1664
Records of Dover Court 1675
Records of Portsm Court 1680
Records of Portsm Court 1682
Records of Portsm Court 1676
Old Records before Cap" Stilemans time
Records of Portsm qu : Court 1666
Records of Portsm qu : Court 1678
Records of Portsm Cot of adjormt 1667
Records of Dovr qu : Court 1663
Records of Dovr qu : Court 1659
Records of Dovr qu : Court 1661. Records of Dovr Cot of adjornmt 1671
Recds of Portsm qu : Court 1672 Records of Dover qu : Court 1680
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Records of ye County Court 1679
Records of Portsm qu : Court 1670
Records of Dovr Cot of adjornment 1677
Records of Portsm qu : Court 1668
Records of Portsm qu : Court 1662
Records of Dover qu : Court 1667
Records of Portsm qu : Court 1666
Records of Dover qu : Court 1665
Records of Portsm qu : Court 1674
Records of Dover qu : Court 1669.
The above written Records (excepting a few) are all ye Records books & papers that concern ye Public, in his hands; as attests Cap" Stileman above said. And were by the Governors Order reed by me Richd Chamberlain Secr & Cl : of the Councel
Ordered by ye Govern' That Richd Chamberlain Esq' have ye regis- tring or recording of all Bils & Deeds of sale, mortgages & Wils (all which are here by Ordered to be so recorded) as Perquisites & ap- pertaining to his Office of Secr of ye Province & Cl: of ye Councel ; As also, That he be Clark of all the Courts of Judicature held within ye Province ; & have ye entry of all Actions Appeals & Judgmts & the making of all process writs of attachmt & other writs & execucons during ye pleasure of ye Governour, & do all other acts relating to ye sd Courts
Ordered by ye Govern' in Councel, That Richd Martin Esq' & Captn Stileman give in their respective Accots to be audited by Richd Cham- berlain Esq' viz. ye sd Martin his Accots of all monies raised since His Mats Royal Comiss" of ye 18th Sept. 1679 & Cap" Stilemans Accot of ye pouder money since yt time.
[Governor Cranfield to the Commissioners. Description of the Prov- ince, Resources, etc. 1682.] New Hampshire State Papers. Vol. 48, Pages 473-9. [October 23, 1682.] From M' Cranfield to ye Commtee Upon his Arrivall.
Protsmouth October ye 23th 1682
May it please yor Lordships
After six weeks and five days from Plimoth on ye first of October His Majestts Shipp the. Lark Came to an anchor In Salem Harbour
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fifteene Leagues to ye Southward of Piscattaqua the winde Takeing her Short whereupon I went Overland and got to Portsmouth on ye Third Instant at night on ye forth in the Morning I writ ys ffollowing Letter to M' Waldron the Sen' Councell' and the Rest of the Coun- cill [sic] they being all Convened (Excepting Jo Clemments who is dead) having heard yt I was Landed.
Gentlemen His Majty having under his broad-seall bearing date the ninth of May last past bin Graciously pleased to appoynte me his Lieut Govern' and Commander in Chiefe of this his Majesty Province of New Hampshire by vertue of which I am to Call togather at my Arriveall all those who are by his Order to Publish with dew Sollem- nitie His Royall Comision aforesd Now to ye Intent That all Obe- dience be given thereunto. I do hereby In his Majts Name Req' you Richd Waldron Thoms Daniel Willm Vaughan Richd Martyn John Gilman Elias Stileman Walter Barefoote and Richard Chamberlayne Esqrs To repaire forthwth To the Dwelling house of George Snell, where I shall attend not onely to Discharge my dutie in these his Majes Comands but be Ready to Advise wth you in all other Matters which any wayes Relates to His Majts Service and the good of his Subjects so I bid you heartely farewell and Subscribe myself Gentlemen
Your most Affectionate Servant
Edward Cranfield.
Before my lett' was delivered Mr. Waldron sent his Sons & another person with him To invite me to ye house where ye greatest part of the Councill were met. After haveing made them acquainted wth the Tenour of his Majests Comission and the Rest of ye Councill being come Togather I caused the Secretary of the Province to Read it which being don I demanded that any five of Them would give me the Oath of Alleagiance and Supremacy and Test at wch M' Waldron made a pause and said the old Councill desired first to be sattisfied how and by what Method the people were to be Governed whereupon I Replied His Majesty had by Commission directed and Taken Care for that and that in due time Consideracon should be had of what was Contained therein Telling them ye ffirst Stepp that was To be made by his Majts Comands was that any five of them should Sweare me, which if one of them refused to give Obedience Too, I knew what I had to do, whereupon they Complied and gave me the Oaths off Aleagiance and Supremacie wch Like wise I administered to them, but wanting ye Stattute Booke could not Subscribe ye Test, which was don the next meeting. I ordered a Proclamation To be Issued out To signifie that his Majesty had bin Graciousely pleased to ap- poynte me his Lieu' Governor &cª And that all Officers in Authority.
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should Act and do their douties in their Respective Offices, while New Comissions could be given out. And after havein suspended Mr Waldron and Martyn as was directed by his Majets Instructions I adjourned ye Councill it being the time of gathering their Indien Corne while the tenth Instant, at which meeting these proceeding and ffolloweing Orders wch are here Inclosed. Haveing not had time to makeing Observations so perticuler as are directed by those heads of Inquireies, which I received ffrom yor Lordship such as ye short time of my being here would afford me to make.
I presume to Lay before you, ffirst as to ye Courts of Judicature onely The Councill hath determined all Judiciall matters both Civile and Crimenall and apeals
Secondly ye number of the horse and ffoote are about four hundred and fifty whereof about Sixty horse but ye most part of ye ffoote are badly armed and Exercised.
Thirdly One Fort built of Tymber with eight Gunnes and Extraor- dinary well situated upon an Neck of Land at ye mouth of the River Piscattaqua Nature having don so much that in ye judgment of all per- sons the mouth of the River is Capable of beine ffortified at a small Charge ffor all Shipps must of Necessitie Come within Musket Shott of New Hampshire side and Pistoll Shott To the province of Mayne where there is an Eminencee yt gives great Advantage of ye Sittuation A Regular ffortifycation and where ye River well Fortified, it would not onely Secure ye Inhabitants of N. Hampshire but those that are Settled in the Province of Mayne which were it added to this His Majtys Government, it would soone become very Considerable for not onely all the ffisherys belong to that province wch in breadth on the Sea is Thirty Leagues the Eastermost bounds reaching To Saccade- hok, being ye mouth of Kennebeck Piscattaqua makeing ye south bounds. The Navegable Rivers Therein Begining at Piscattaqua, are York River Sacoe Winter Harbour Casco Bay where a Thousand Shipps may Ride Landlockt, there are Sundery other smale Rivers whereon Saw Mills are Standing but not Navigable. The soyle is much better There, Than any in N. England Southward of it, Alsoe it abounds wth Tymber both oke and pine wch N. Hampshire is much pilleged off.
Forthly The Neighbours are considerable both Indiens & ffrench in these Eastermost parts, both for Number and strength ye ffrench Prohibit Trade wth us they have a great Trade wth the Indiens for Bevor
ffthly the Armes yt are most Usefull here by Reason of ye woods are muskets of wch ye Inhabetants are ill provided, there being no Ammunition in the Province but wt some private men have and yt Inconsiderable.
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