Rolls of the Soldiers in the Revolutionary war, 1629 to 1725, Part 47

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Sixthly The Province under my Govermt is in Breadth but Seven- teen miles, upon ye Sea or in any Other part no port belonging to it but ye River Piscattaqua, to wch ye Boston's Claime equall priviledges yr Province of Mayne makeing one side of ye River.


None of ye Islands of Sholes paying Obedience to this Goverment, so yt This Province hath not any one fishery belonging to it, some of them are under the Province of Mayne, wch is ten times more consid- erable then the Province of N. Hampshire in all Respects here being but four poor Townes, whereof Portsmº ye only place of Trade.


I hope yor, Lordships will be pleased to Excuse me yt I am not able to give a more Large account of things haveing most of my Time bin taken up in Setling things yt Relate to the Goverm' Only shall add that I have Intilligence from Boston that they were Allarmed at my Comeing that they did beleive I had brought a Quo Warranto Against their Charter and that my Pattent had Comprehended ye Province of Mayne knowing Their purchas was againste His Majties will and pleasure wch if it was added would be off greate Advantage to His Majts Government for by putting an easy rate on Smale Vessells yt Come from Boston & other parts of their Governmt to fetch boards pipestaves and other Tymber ye Govermt willbe Easely Supported wthout burthening ye Inhabitants of this Province who are So poor, are not able to pay their parracall duties wch Cannot be done unless the Province of Mayne Consent as well as Hampshire. The River Pis- cattaqua running betweene both, all which is most humbly submitted to your Lordships Wisdome so humbly beging Leave to subscribe my Self My Lords


Yor Lordships most humble and most Obedient Servant Edward Cranfield


[Endorsed] 23 Octob 82 From M' Cranfield to ye Committee. Rec'd ye 6 Jan 83 Read ye 18 Inst State of ye province of Maine to be laid before ye Lds


[Cranfield to the Commissioners, 1682. Relates to Mason's Claim. Ecclesiastical and General Affairs.]


New Hampshire Papers. Vol. 48, Pages 482-3.


Lre from Mr Cranfield to ye Commtee Touching Waldern & Martin, &c. New Hampshire from Portsmº Dec Ist 1682


May it please yor Lordps


I have formerly given yor Lordps an Accot of my Arrivall here, & of such Transactions as were worthy of your notice until ye Departure


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of ye Last Ships : What hath since occured I humbly present to yor Lordships as followeth :


Concerning Majr Waldron & Mr Martin I appointed a time for the Examination of yt matter giving seasonable Notice to M' Mason to prepare Himself to make good His charge & Issued out Summons for ye Convening of Witnesses in order thereunto some of whom appeared not, & those yt did made out nothing But on the other hand ye said Waldron & Martin offered to prove from his own words & writings Sundry things against ye said Mason yt were misbecoming touching His Majtie & His Authority & such as were not to be allowed, wch though I did not see cause to receive in ye nature of a charge Having no instructions directing me thereunto yet thought meet to send a Copy of them to yor Ldships, together with their par- ticular Answer to each of those Articles Exhibited against them by Mr Mason & Randolph. Upon ye whole, Having weighed & Con- sidered all matters, I find yt altho' there might have been some Heats of Spirit & unduenes of Expression between M' Mason & them while contending about property, yet nothing to render them guilty of such disloyalty as they were charged with ; but Having Evidt demonstracon to ye contrary by their words & Actions I did upon ye 14th Novembr take off thier Suspention & restore them to ye Councill, finding them to be persons very usefull for his Majties service here.


In relation to M' Mason He hath much misrepresented ye whole matter both as to ye place & people, the Province being nothing so Considerable, not ye Inhabitants so Humor'd as He reports : There are but four small Townes, & those mch Impoverished by their Vast expences in ye Late Indian Warre, & severall Hundreds of pounds in Debt to this day on yt Accot I find them very Loyall to His Majtie & respectfull to myselfe as coming from His Majtie & willing to doe wt is within their reach for' ye upholding of ye Governmt but no way capable of doing so mch as hath been pretended. And instead of being ready to own M' Mason as their Proprietor they are very slow to admit of any person except their Sovereign Lord the King to be their Lord Proprietor & However they might at first Complem in yt matter few or none (so farre as I can Learn) are willing to Comply (some few Quakers, & such like, Excepted & those upon no other termes than upon ye Conditions of His recovering ye whole) but ye Generall desire of ye Province is for a determination of ye case by Law So yt I Humbly conceive M' Mason hath taken wrong measures for his procedure He concluded upon ye Laying aside of Mr Waldron & Martin & discountenancing ye Minister of ye principall place in ye Province that He shd have frighted ye People into a Complyance wth him, but finds Himselfe mistaken : Whereas had He desired & ob-


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tained an order for a Tryall upon ye place He Had been in my Opinion one step nearer ye End of His busines than now He is. Hitherto He hath desired ye Summoning but of one person before me, who hath given in ye Reasons of His refusing Complyance wth His de- mands, a Copy of wch together wth ye Stating ye case & my opinion thereupon annexed, as His Majtie in His Commission Commands me I shall by the next Send to yor Lordships Hereupon M' Mason seeing ye fixednes of the people in their way did by ye Advice of Mr Chamberlaine press me to restraine ye Cutting of wood, wch Had I done it had certainly been of ill Consequence ; for without wood for firing & Timber for Merchandize ye poor People must needs perish : Altho' I have been not fairly treated by Mr Mason & Chamberlaine for refusing to gratifie them, notwithstanding I have kept close to ye methods prescrib'd me in His Majties Commission relating to His Claim.


Had I yielded to such Violent Courses as they urged I should have greatly amaz'd disturb'd & prjudiced ye people & no wayes promoted His Majties Interest & Honour wch is so every way Superiour to ye Satisfaction of any private person And indeed ye people stick not to say y' M' Chamberlaine being so affected to M' Masons Interest puts Him upon such unsafe & irregular Counsels wch they were ready to attribute to Majr Shapleigh, a Quaker, while He was alive, but he being dead it lies at ye other's door ; & they further object His Indi- gency wth some other Considerations of Him yt they have wch makes them mch to lament yt all their Records in Judiciall matters, their Wills, Bills of Sale, Titles to their Lands & other writings in wch they are so mch concern'd shd be in ye Hands of one so devoted to their Antagonist, without any Security for ye discharging of yt office faithfully as He ought, wch Security He is also uncapable of giving, tho' they patiently Submit to His Majties Right of Disposall in yt matter, yet have desired me Humbly to recommend it to yor Lord- ships Consideration And I must needs say I find Him very uncapa- ble of busines, either for drawing Orders or other work appurtaining to His Office whither out of Originall In ability want of Experience dejectednes through poverty or being deceiv'd in his Expectations of ye profits of His place, or wt ever else I say not wch makes me ye more uneasy in ye Discharge of my duty. I have Setled Him in His Office as Secretary & Clerk of ye Inferiour Courts put all ye Records into His Hands so yt wt fees there are (wch I think are not many) He receives : But He accounts Himselfe Hardly dealt wth if he have not ye profits of ye seale & of every Summons or Warrants all wch amounts not to ten pounds p annu. Whereas when any matter of Service to His Majtie is offered He Declines it, as for Instance The Office of


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Judge of ye Admiralty Court, wch upon my directing a Commission to Him for ye Constituting of, He refused whereby the Kings busines is Obstructed, ye prosecuting ye Acts of Navigation hindered & dam- age like to come to His Majties Interest by yt meanes untill a returne from His Royall Highness, who hath reserved to Himselfe ye making a Judg for yt Court, & if ye methods of Governmt be carryed on according to Instructions ye Charge & Labour in writing will be little lesse than that of other His Majties Plantations & ye Incomes so inconsiderable yt Kingsbridge is as well able to Support ye Honour & Expence of a Governmt as this Province. And if Mr Mason shd have his six pence p pound of all ye Improv'd Lands, the whole (However He magnified a fifth part of the Rents & Fines) would not amount to One Hundred pounds p Annu But if ye Province of Main were added to this Governmt (ye River Pascataq equally belong- ing to them both) we might then put a Tax upon Boards, Staves & Timber yt would support ye same, However I shalbe chearfull under yor Lordships Comands for His Majties Service during my Continu- ance here.


Touching Ecclesiasticall matters, the attempting to settle ye way of ye Church of England I perceive wilbe very grievous to ye people, However Mr Mason asserted yt their Inclinacons were mch yt way. I have observed them to be very diligt & devout in attending on yt mode of worship wch they have been brought up in, & hath been so long setled among them & seem to be very tenacious of it, & are very thankfull for His Majties Gracious Indulgence in those matters.


The Gen" Assembly after three weekes sitting have desired a Recess for some time by reason of ye Sharpness of ye Season & shortnes of ye dayes, by wch busines is mch retarded, nor were they able to sit above three, or at utmost four dayes in a Week. Some Lawes are passt, but shd I have awaited M' Chamberlain's Transcription of them, I would not have given yor Lordships a sight of them by this Conveyance, but by ye next opportunity shall send them Authentique under ye Seale as is directed.


Further I crave leave wth Submission, to lay before yor Lordships yt ye Restriction upon Councill & Assembly & Court's of Judicature from meeting in Houses of Entertainmt is not practicable here with- out great Inconveniences, as we have in this Session Experienced & shall further find when ye Country round about comes into ye Courts of Judicature Held in ye Severall Townes of ye Province, & there- fore Humbly desire yt we may be favoured in yt point, as other His Majties Plantations are, & yt wt hath customarily used to come in by Courts may be Imployed for defraying ye Charges of said Courts while Sitting as it is in other places or else ye Judges Justices & Ju-


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rors must meet & spend their time upon their own Charge wch Seems somewt hard to them yt have not Estates to bear it out.


I forget to adde yt upon Arguing Capt Stileman's Case with Mr Mason ye Old Record book of ye Province was produced, wherein it appeared yt in Capt Jnº Mason's life time, ye Inhabitants being wholy without Governmt were forced to enter into a Combination to Govern themselves by His Majtes Lawes as well as they could a Copy of wch I have herewith Sent ; as also they petitioned ye Massachusets to take them under their Governm' when they found by Experience yt they could not Govern themselves. So yt ye Massachusets never Exercised Authority over them, till desired by themselves : And as for Taxes, ye people owne y ye Massachusets have Expended Severall Thousds pounds for them in ye Indian Warre, yt they never had any Compen- sation for. I doe also find yt ye people upon a further Hearing will have many things to Say against M' Mason's property wch they reserve for an Issue in Law Having no more at present to trouble your LOPs I subscribe myselfe


My Lords Your LoPs Most Humble & obedt Servt


Edw. Cranfield.


[Addressed] For ye Right Honble the Lords of the Committee for Forraign Plantations.


[Endorsed] New Hampshire I. Dec. 1682. From M' Cranfield to the Comtee Recd ye 23 Febry Read ye 27 Apr. 1683.


[Governor Cranfield to Secretary of State. Maine should be part of New Hampshire. Not Practicable to establish the Church of England, etc.]


New Hampshire Papers. Vol. 47.


Portsmº in New Hampshire


[December 1, 1682.]


May it please yor Honor


I have sent inclosed a Lre to ye Right Honoble ye Lords of ye Comittee for Forraign Plantations, wherein I have given ye true state of matters here so farre as my Observation in so short a time would advantage me to doe: together wth Copies of such Lawes as were


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made by ye Generall Assembly, wch I had not opportunity to get transcribed by ye Secretary & made Authentique by ye seal, but shall doe it by ye next Conveyance Also a declaration of Mr Chamberlaines declining before ye Council ye Office of Judge of ye Admiralty Court wth ye Answers of Mr Waldron & Martin to ye Charges of Mr Mason & Randolph. And I beg leave to give yor Honor an Accot of what- ever hath been suggested by M' Mason yt Introducing ye way of ye Church of England will not be practicable here, as I have particularly by a Lre to each informed His Grace ye Ld Arch-Bishop of Canter- bury and ye Ld BP of London.


I wrot to yor Honor in my last, how necessary it would be yt ye Province of Meyn shd be added to this Governmt: There is a great want of Armes in ye Province wch I hope yor Honor wilbe pleased to move for, a supply of 500 fire locks and 150 Cases of Pistols will put ye Province into a Capacity to defend themselves against ye Insolent Natives. When ye Gen" Assembly sits wch wilbe about a month hence, I shall have further matter to present yor Honor wth this being all at present from


Yor Honors most Humble & most obedt servt


Edw Cranfield


[Addressed] ffor the Right honorble Sr Lyonell Jenkins principall Secretary of State to his Majtey Att Whitehall


[Endorsed] New Hampshire I Decr R. 13 Febr.


Mr. Cranfield.


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[Governor Cranfield to Lords of Trade and Plantations. Concern- ing Mason, Unfair Jury Decisions, etc.]


New Hampshire Papers. Vol. 47. [December 30, 1682.]


Right Honorable.


By my Letters from Boston I gave yor Lordships an accott that at my arrivall to this province I was kindly received and acknowledged Governour therof, and finding the Councill and other Inhabitants possessed of large tracts of lands claimed by M' Mason and resolved to make the best defence they could, I did not at that time think it for his Majty Service to make myself a party by appearing on Mr Masons behalf but deferred that to a decision at Law, and made it my


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business with all moderation in order to a quiett and peaceable set- tlement to compose the minds of the people. At the rising of the Assembly in November last, I passed their Laws some wherof were then made in their favour & made them sensible I obliged them thereby they also seemed highly affected that his Majty Notwithstand- ing severall complaints were offered by Mr Mason and Mr Randolph reflecting upon their ill management in Government had of his great clemency been pleased to continue them of his Councill in this prov- ince and often expressing their resolutions for the future to become obedient to his laws and Royall Commands upon which I was in- duced to believe they were in good earnest and to continue the pres- ent peace dismissed the charge brought heer against Mr Waldern late president Mr Martin and others by Mr Mason being thereto obliged Strictly to attend the methods laid downe to me in his Majts Com- mission and in my papers also upon that present State of affairs writt to yor Lordships in their ffavour


My Lords lett it not seem strange to yor Lordships that in so short a time the matters in this paper appears so different from my former discourses to yo' Lordships from Boston, which in honour to his Majty and vindication of my sincerity to his service I take the first opportunity to lay befor yor Lordships as follows. All in the late Councill together with many of the chief Inhabitants in this province are part of the Grand Combination made up of Church members of Congregational Assemblies throughout the Colonies in New England, and by that they are so strictly obliged that the interest or prejudice of any One if considerable affects and influences the whole party and thus it hath fallen out herc.


About Augt last the president and Councill of this province ad- mitted the Ketch George a Scotch Vessell sailed with Scotsmen be- longing to one Jeffray a Scotsman a Church member here to enter and trade contrary to the 12th of the King about ffourteen days after my arrival Mr Randolph having advice hereof seized her and Cargo for his Majty upon which I ordered her to be stopped and appointed a Court for a tryal where M' Randolph appearing on his Majty behalf insisted upon the breach of the Acts of trade and prayed condemna- tion therupon. But the Jury in which were ffour Church Members and leading men although nothing was offered in barr of Judgement find against the King and give Jeffray costs of Court against Mr Randolph upon this I have been obliged to take new measure's and in the ffirst place have turned Stileman Captain of the ffort a Church Member out off his Command for suffering the Ketch to pass the ffort before the tryall against my express order to the contrary, and I have directed Mr Randolph to prosecute with all vigour all persons


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concerned in contriving the escape and also to attaint the jury for bringing a false verdict so that I am now upon this just occasion en- gaged to follow this matter as farr as Law and the integrity of Juries will admitt, and to lay aside persons whom I find declining in this so great a violation of Law & Justice. Upon my receiving his Majty Commission for the Government of this province yor Lordships were of opinion that the irregular trade so often complained of by Mr Randolph in his papers to yor Lordships would be totally discouraged.


The sight of the Lark ffrigat in their harbour putt an awe upon them, but so long as their preachers exercise a countermanding power to his Majty authority and oppose all persons and things which recive not a Sanction fro them I am in much doubt where to find honest and fitt persons enough in this small Colony to administer Justice serve in Juries and execute the Several parts in Government. I cannot omitt to acquaint yor Lordps of one particular case lately practised in the Courts of this province. A Gentleman brought his action upon a bond against a Church-member, the case was so plain that the Jury found for the plaintiff but the Court would not admitt of that verdict, but gave damages against them thus their preachers Support their common Interest.


My Lords I have insisted the larger in this matter because I find it not in my power long to continue ye good Government of this province unless it be given me in Command by order from his Majty and also from my Lord of London under whose Diocess the fforreign plantations are to remove all such their preachers who oppose and endeavour to disturb the peace of this Government which method wilbe necessary to be observed in the Settlement of the Bostoners Colony and also in the province of Main from which I can only expect tricks and trouble till annexed to this Government, they claim- ing the privilege of one-half of the River of Pascataway which divides the two provinces In the mean time I shall not be wanting with all chearfullness and fidelity to discharge the trust reposed in me by his Majty and yor Lordships.


My Lords as I had finished this Letter the Jury in the case of the Ketch George having some dread on them of the ill consequence that might befall them by reason of their erroneous verdict against the King Petitioned me to admitt them to mend their verdict and it not being recorded I granted their desire whereupon they found for the King, and the vessell is now condemned though out of our posses- sion I am humbly of opinion this will terrify succeeding Juries So as not to be influenced to adhere to the malignant party to goe against Law and evidence for the future, which were it not for fear of pun- ishing their purses more then burdening their consciences they would


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not stick to doe. I am sorry to find the actions of these people so farr short of what they first professed and my Character of them to yor Lordships but it proceeds not out of any mutability in me but from themselves for want of that Loyalty they so much boasted of, they having been in a confederacy to carry the cause against the King.


Notwithstanding all which if I am countenanced by yor Lordships I doubt not to bring this people to reason and obedience to his Majty


I am Right honoble Yor Lordships most obedient and most humble servant


Edw Cranfield.


New Hampshire 30 Decem 1682.


[Endorsed] New Hampshire 1682. 30 Dec R. 10 May. Mr Cranffield to ye Lords Comee of Trade.


[Governor Cranfield. Concerning Mason, Uniting Maine to New Hampshire, etc. 1683.]


New Hampshire Papers. Vol. 47. [1682.]


May it please yor Honor


This Inclosed Peticon was brought to me by Capt" ffrancs Cham- penone in behalf of ye Inhabitants of ye Province of Mayn wch is humbly desired that yo' Hono' would be pleased so far to favor them as to have it read before his Majty in Councill and in case His Majty should so far Condesend as to grant their peticon the advantage of uniting yt province to this his Majties Goverment will prove in A Short Time so considerable that it will not be only a means to Suport ye Honor of his Majtys Govermt but keepe the people in their dutie and Loyalty wch other wise will be difficult to do in regard this smale Province is hedged in by the Boston's whose endovrs & designes I per- ceive are to #vert & undermine this Settlement of His Majties Gov- ermt I have taken a vew of ye Condicon of ye Inhabitants of ye Province however it hath bin represent to His Majty The true state & Condicon of them is very meane there being not ten men worth five hundred pounds each and not likely to Improve haveing no ffish- eries nor Tymber considerable left to increase trade should M- Mason


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dispossess the Towns of their unimproved lands it would be impossi- ble for above four or five families to Subsist, haveing no where else to ffeed their Cattle in winter & Sumer, for their Mainteinence ariseth wholely thereby, their Tymber Trade being very much de- cayed. The Inhabitants most of them declare they must with-draw and quit the Province if Mr Mason will not accept an acknowled- ment for the Comons as wel as ye improved lands, wch if every man were willing to pay in the four Towns the Six pence on ye pound to Mr Mason it will not amount to above one hundred pounds p ann wt ever he hath Suggested to himself to ye contrary. The people are willing to contribute towards both, to ye Support of his Majties Gov- ermt in this province, & to sattisfy any reasonable demands of Mr Mason Also very duty full in their Expressons and behaveour towards his Majty and Govermt Contrary to my Expectacons.


Yor Honor would do this province ye greatest good Imaginable if yu would be pleaced to procure of his Majty four hundred & fifty fire lock muskets & one hundred Case of pistols and one hundred Car- bines wthout which the Province cannot be Safe against the Indiens who are well armed by ye ffrench, which makes them here, of late very Insolent in these Eastern parts


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May it please yor Hon"


I have no more at present to Troble yor Hon" wth all only to let you know that at the meeting of ye Assembly I shall Endevour to get such Laws past that may be Satisfactory to his Majty and Suteable to the constitution of the people, in the mean time shall cail ye Treasure to an account for that little publicque monies which has bin raised Since his Majties Commission ye 18th of Sepber 1679 wch account and take the Examinacon of Waldron and Martyns Charge as alsoe all other proceedings shall be Transmitted to yor Hon's and the Lords of his Majties privy Councill appoynted Commitie &c


I am Yor Hon's most humble and most Obedient Servant


Edw. Cranfield


[Endorsed] New England 82. New Hampshire R. about Jan 82-3 Mr Cranfield


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[ Cranfield to Lords of Trade, January, 1683. Wants the Power to - place and displace Ministers. Concerning " Bostoners," Mason, etc.]


New Hampshire Papers. Vol. 47.


[January 10, 1682-83.]


Right Honorable


May it please yor Lordships.


My last was from Boston where I spent time enough to pry into some of the Secrets of the ffaction, upon my dealing plainly with them, in reference to their affairs at Court, they told me that by the passions and precipitate counsels amongst them, they had highly and deservedly incurred his Majts pleasure And that if a Quo Warranto should be brought against their Charter they would be at no further charge to make a defence but cast themselves at his Majts feet and sue for pardon and willingly submitt to such Regulations as in his princely Wisedome should seem meet.




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