USA > New Hampshire > The history of New-Hampshire. Comprehending the events of one complete century and seventy-five years from the discovery of the River Pascataqua to the year one thousand seven hundred and ninety, Vol I > Part 12
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dom and liberty of conscience ; Wee do hereby charge and require you that freedom and liberty be duely admitted and allowed, so that they that desire to uce the booke of common prayer and perform their devotion in that man- ner that is established here be not denyed the exercise thercof, or undergoe a- King: ny prejudice or disadvantage thereby, they using their liberty peaceably with- Charles's ont any disturbance to others ; and that all persons of good and honest lives Letter in and conversations be admitted to the sacrament of the Lord's supper accord- Hutchin, ing to said booke of common prayer, and their children to baptism."
This command cannot consistently with the acknowledged principle and p. 378. strict limitation, be construed any other way, than that the use of the liturgy should be permitted to such ministers and people as desired it. To compel ministers to use it and have all others at liberty, was a construction that tnalice alone could : aggest.
col. pap,
168
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1684. " nately refufed to adminifter the fame to " the Honourable Edward Cranfield, Robert MSS in files. " Mafon, and John Hinckes, and did obfti- " nately ufe fome other form." Moody in his defence pleaded that he was not epifco- pally ordained as, the ftatutes required ; nor did he receive his maintenance according to them ; and therefore was not obliged to the performance of what had been com- manded ; that the alledged ftatutes were not intended for thefe plantations, the known and " avowed end of their fettlement being the en- ยท joyment of freedom from the impofition of thofe laws ; which freedom was allowed and Ports. Chh. confirmed by the king, in the liberty of con- Records. fcience granted to all proteftants, in the gov- Vaughan's ernor's commiffion. Four of the Juftices, Journal. viz. Greene, Robie, Edgerly and Fryer were at firft for acquitting him ; but the matter being adjourned till the next day, Cranfield found means before morning to gain Robie and Greene, who then joined with Barefoote, and Coffin, in fentencing him to fix months imprifonment, without bail or mainprize. The other, two perfifted in their former o- pinion, and were foon after removed from all their offices. Moody was immediately ordered into cuftody, without being permit- ted firft to fee his family ; and he remained under confinement, in company with Major Vaughan, at the houfe of Captain Stileman, with liberty of the yard, for thirteen weeks ; " his benefice" being declared forfeited to the crown. - The next week after Moody's trial, the governor in a profane bravado fent word to Seaborn Cotton minifter of Hampton, that Vaughan's Journal. " when he had prepared his foul, he would
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" come and demand the facrament of him as 1684. " he had done at Portfinouth." Upon which Cotton withdrew to Bofton. The minifter Journal Vaughan's of Dover, John Pike, was (fo far as I can find) unmolefted. Exeter had then no fettled minifter.
During Moody's imprifonment, Cranfield would neither fuffer him to go up to the town to preach, nor the people to affemble at the ifland to hear, nor the neighbouring minifters to fupply his place ; only the fam- ily where he was confined were permitted to be prefent with him at fabbath exercifes. But while the governor was abfent on a tour to New-York, Mafon gave leave for opening the meeting-houfe twice, when they obtained a minifter to officiate ; he alfo allowed both Moody and Vaughan to make a fhort vifit to their families. At length, by the inter- Journal. pofition of friends, Moody obtained a re- leafe, though under a ftrict charge to preach no more within the province, on penalty of farther imprifonment. He then accepted an invitation from the firft church in Bof- ton ; where being out of the reach of his perfecutors, he was employed as a preacher, and was fo highly efteemed that upon the death of Prefident Rogers he was invited to Harvard College take the overfight of the college, which he Records. modeftly declined, and continued his minif- trations at Bofton, frequently vifiting his deftitute church at Portfmouth, at their pri- vate meetings, till 1692 ; when, the govern- ment being in other hands, and the eaftern country under trouble by the Indians, at the earneft requeft of his people, and by the Original. advice of an ecclefiaftical council, he return- MSS.
Vaughan's
x
1
170
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1684. ed to his charge at Portfmouth, and fpent the reft of his days there in ufefulnefs, love and peace *.
Upon a calm review of this profecution, one can hardly tell which is moft deteftable, the vindictive temper which gave it birth ; or the profanenefs and hypocrify with which it was conducted. The pretended zeal of the profecutors was totally inconfiftent with a due regard to thofe laws, and the princi- ples of that church, for which they made themfelves fuch contemptible champions. For it had been long before this time, a re- ceived opinion in the church of England, that the validity of all the facramental ad- miniftrations depends on authority derived from the apoftles, by episcopal ordination, in an uninterrupted fucceffion ; and one of the ftatutes on whichthe profecution was ground- ed enacts, 'that no perfon fhall prefume to ' confecrate and adminifter the Lord's fup- ' per, before he be ordained a prieft by epif- ' copal ordination, on pain of forfeiting for ' every offence one hundred pounds.' The minifters then in the province, being defti- tute of the grand pre-requifite, were incapa- ble by the act, of doing what was fo peremp- torily required of them ; and had they com- plied with the governor's order, muft have expofed themfelves to the penalty, if he had pleafed to exact it from them. But the ex- tending thefe penalties to the king's Ameri- can fubjects, who had fled hither from the rod of prelatic tyranny, was a moft unwar-
Stat. 13 & 14 Car. II.
* He died at Boston, being there on a visit, July 4, 1697, aged 65. Dr. Cotton Mather preached his funeral sermon from acts vi. 15. " They sav his face as it had been the face of an angel." Magnolia, lib. 4. cap. 7.
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rantable ftretch of power ; fince the faft of 1684. thefe acts, and the only one which had been made fince the fettlement of the colonies, was exprefsly reftricted in its operation, to " the realm of England, dominion of Wales, " and town of Berwick upon Tweed."
Difappointed in all his fchemes for raifing money by an affembly, Cranfield next ven- tured on the project of taxing the people without their confent. The pretext for this was a claufe in the commiffion, impowering him, with the council, " to continue fuch " taxes as had been formerly levied, until a " general affembly could be called." This had been done, without offence, at the be -- ginning both of this and the former admin- iftration, when the change of government rendered it neceffary. But the council, though too much devoted to him, were not eafily perfuaded into the meafure at this time ; till fear at length accomplifhed what reafon could not approve : for, letters being received from the eaftward, informing of the difcovery of a plot among the Indians, who were inftigated by Caftine the Frenchman to renew the war carly in the Feb. 14. fpring, the council were fummoned in hafte, and preiently agreed to the governor's pro- pofal, for continuing fuch taxes as had been formerly laid, which he told them was ne- c fary for the immediate defence and fecu- rity of the province. This affair, however, was kept fecret for the prefent ; and the peo- ple were firft to be convinced of the gover- nor's paternal care and kindnefs in taking the neceffary precautions for their fafety. It March Iv. was ordered that the meeting-houfos in each
V
172
HISTORY OF
1684. town fhould be fortified, and bye garrifons were eftablifhed in convenient places : Sup- plies of ammunition were ordered to be pro- vided : Circular letters were difpatched to the governors of the neighbouring colonies, informing them of the danger ; and, to crown the whole, Cranfield himfelf, at the requeft of the council, undertook a tour to New-York to folicit the governor, Dongan, for a number of the Mohawks to come down and deftroy the eaftern Indians ; promifing to pay them for their fervices out of the money which was thus to be raifed.
Council Records. Vaughan's Journal.
May 27.
At his return from this excurfion, he found himfelf under fome embarrafsment in his favourite views, from a letter of the lords of trade, which directed him to make ufe of an affembly, in raifing money on the people. He could not, therefore, avoid calling one, though he immediately diffolved it, becaufe feveral of the members were thofe whom he had formerly ordered to be made conftables. At the fame time, in his letters to the fecre- tary of ftate, he reprefented the affembly as perfons : of fuch a mutinous and rebellious difpofition, that it was not fafe to let them convene ; that they had never given any thing toward the fupport of government ; that he was obliged to raife money without them ; and that it was impoffible for him to ferve his majefty's intereft without a Jhip of war to enforce his orders ; and finally he defired leave to go to the Weft-Indies for the recovery of his health. When this buti- nefs was difpatched, warrants were iffued for collecting the taxes ; which caufed freth murmurings and difcontent among the people.
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But however difaffected to the governor and his creatures, they were always ready to teftify their obedience to the royal orders ; an inftance of which occurred at this time. The feas of America and the Weft-Indies be- ing much infefted with pirates, the king fent orders to all the governors and colony affemblies, directing acts to be made for the fuppreffing of piracy and robbery on the high feas. Cranfield, having received this July 22. order, fummoned an affembly ; and though it confifted almoft entirely of the fame per- fons who were in the laft ; he fuffered them to pafs the act, and then quietly diffolved them : This was the laft affembly that ever Records. Council he called.
The tax-bills were firft put into the hands of the newly made conftables ; who foon re- turned them, informing the governor that the people were fo averfe from the method, that it was impoffible to collect the money. The provoft, Thomas Thurton, was then commanded to do it, with the affiftance of his deputies and the conftables. The people ftill refufing compliance, their cattle and goods were taken by diftreint and fold by auction : Thofe who would neither pay nor difcover their goods to the officers, were apprehended and imprifoned ; and fome of the conftables, who refufed to affift, fuffered the fame fate. The more confiderate of the people were difpofed to bear thefe grievances, though highly irritating, till they could know the refult of their applications to the king. But in a country where the love of liberty had ever been the ruling paffion, it could not be expected but that fome forward
1684.
and files.
174
HISTORY OF
1.684. fpirits would break the reftraints of pru- dence, and take a fummary method to put a ftop to their oppreffions. Several perfons had declared that they would fooner part with their lives, than fuffer diftreints ; and affociations were formed for mutual fupport. At Exeter the fheriff was refifted and driven off with clubs ; the women having prepared Dec. 29. hot fpits and fcalding water to affift in the op- pofition, as Thurton teftified in his depofi- tion on the occafion. At Hampton he was Anuary 22. beaten, and his fword was taken from him ; then he was feated on an horfe, and convey- ed out of the province to Salifbury with a rope about his neck and his feet tied under the horfe's belly. Juftice Robie attempted to commit fome of the rioters ; but they were refcued by the way, and both the juftice and the fheriff were ftruck in the execution of their office. The troop of horfe, under Ma- fon's command, was then ordered to turn out completely mounted and armed, to affift in fuppreffing the diforders ; but when the day came not one trooper appeared. Cran- field thus finding his efforts ineffectual, and his authority contemptible, was obliged to defift.
Anuary 9.
MSS in files.
This agent had been a long time in Eng- land, waiting for the depofitions, which were to have been tranfmitted to him, in fupport of the complaint which he was to exhibit. Cranfield and his creatures here did all that they could, to retard the bufi- nefs ; firft by imprifoning Vaughan, and then by refufing to fummon and fwear wit- neffes when applied to by others ; who were obliged to go into the neighbouring govern-
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ments, to get their depofitions authenticated ; 1684. and after all, the proof was defective, as they had not accefs to the public records. The agent, however, exhibited his complaint a- July 11. gainft Cranfield in general terms, confifting of eight articles. 'That he had engroffed ' the power of erecting courts, and eftablifh- ' ing fees exclufive of the affembly : That ' he had not followed the directions in his ' commiffion refpecting Mafon's controver- 'fy ; but had caufed it to be decided on the ' fpot by courts of his own conftitution, con- ' fifting wholly of perfons devoted to his in- " tereft : That exorbitant charges had been ' exacted and fome who were unable to fat- ' isfy them had been imprifoned : That oth- ' ers had been obliged to fubmit, for want ' of money to carry on the fuits : That he ' had altered the value of filver money : ' That he had imprifoned fundry perfons ' without juft caufe : That he with his coun- ' cil had affumed legiflative authority, with- " out an affembly ; and, that he had done ' his utmoft to prevent the people from lay- ' ing their complaints before the king, and Weare'? MSS. ' procuring the neceffary evidence.'
The complaint was, in courfe, referred to July 25: the board of trade ; who tranfmitted copies of it, and of the feveral proofs, to Cranfield, and fummoned him to make his defence ; directing him to deliver to the adverfe party copies of all the affidavits which should be taken in his favour ; to let all perfons have free accefs to the records ; and to give all needful affiftance to them in collecting their Ibid evidence againit him.
When he had received this letter he fuf-
ni 167
HISTORY OF
1684. pended Mafon's fuits, till the queftion con- cerning the legality of the courts fhould be decided. He alfo ordered the fecretary to give copies to thofe who fhould apply for them. At the fame time it was complained that the people, on their part, had been equally referved, in fecreting the records of the feveral towns ; fo that Mafon upon en- quiry could not find where they were depof- ited ; and the town clerks, when fummoned, had folemnly fworn that they knew neither MISS in the where the books were concealed, nor who files. had taken them out of their poffeffion.
1685.
The neceffary evidence on both fides be- ing procured, a new complaint was drawn up, confifting of twelve articles, which were, 'That at the firft feffion of the affembly ' Cranfield had challenged the power of legif- ' lation and fettlement of the affairs to him- ' felf againft the words of the commiffion : ' That he had by purchafe or mortgage from ' Mafon, made himfelf owner of the province, ' and fo was not likely to act impartially be- ' tween Mafon and the inhabitants : That he ' had made courts, whereof both judges and ' jurors had agreed with Mafon for their own ' lands, and fome had taken deeds of him for ' other men's lands, fo that they were engag- 'ed by their intereft to fet up Mafon's title : ' That Mafon had fued forty perfons, and ' caft all ; and that the governor's interpofal ' to ftate the cafes, as by his commiffion he ' was directed, had been refufed though de- ' fired ; and that the defendants pleas ground-
'ed on the laws of England were rejected : ' That they could not reconcile the verdict ' with the attachment, nor the execution
1
-
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' with the verdict, nor their practice under 1685. ' colour of the execution with either ; that ' the verdict found the lands fued for ac- ' cording to the royal commiffion and in- 'ftructions, and that commiffion only gave ' power to ftate the cale if Mafon and the ' people could not agree ; but the execution ' took land and all : That the charge of ' every action was about fix pounds, though ' nothing was done in court, but reading the ' commiffion and fome blank grants without ' hand or feal ; and thefe were not read for ' one cafe in ten : That court charges were ' exacted in money, which many had not ; ' who though they tendered cattle, were com- ' mitted to prifon for non-payment : That ' minifters, contrary to his majefty's com- ' miffion, which granted liberty of confcience ' to all proteftants, had their dues withheld ' from them, even thofe that were due be- ' fore Cranfield came, and were threatened ' with fix months imprifonment for not ad- ' miniftering the facrament according to the ' liturgy : That though the general affem- ' bly agreed that Spanifh money fhould pafs ' by weight, the governor and council order- 'ed pieces of eight to pafs for fix fhillings, ' though under weight : That men were ' commonly compelled to enter into bonds ' of great penalty, to appear and anfwer to ' what fhould be objected againft them, ' when no crime was alledged : That they ' had few laws but thofe made by the gov- ' ernor and council, when his commiffion di- ' rected the general affembly to make laws : ' That the courts were kept in a remote cor- 'ner of the province ; and the theriff was a Y
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HISTORY OF
1685. Weare's MSS.
' ftranger and had no vifible eftate, and fo ' was not refponfible for failures.'
Upon this complaint, an hearing was had before the lords of trade on Tuefday the tenth of March ; and their lordfhips report- ed to the king, on three articles only of the complaint viz. 'That Cranfield had not ' purfued his inftructions with regard to Ma- ' fon's controverfy ; but inftead thereof had ' caufed courts to be held and titles to be ' decided, with exorbitant cofts ; and that ' he had exceeded his power in regulating ' the value of coins.' This report was ac- cepted, and the king's pleafure therein figni- fied to him. At the fame time, his requeft for abfence being granted, he, on receipt of the letters, privately embarked on board a veffel for Jamaica ; and from thence went to England, where he obtained the collector- fhip of Barbadoes. At his departure, Bare- foote the deputy-governor took the chair ; which he held till he was fuperfeded by Dudley's commiffion, as prefident of New- England.
Cranfield's ill conduct muft be afcribed in a great meafure to his difappointment of the gains which he expected to acquire, by the eftablifhment of Mafon's title ; which could be his only inducement to accept of the gov- ernment. This difappointment inflaming his temper, naturally vindictive and impe- rious, urged him to actions not only illegal, but cruel and unmanly. A ruler never de- grades his character more than when he per- verts public juftice to gratify perfonal refent- ment ; he fhould punifh none but the ene- mies of the laws, and difturbers of the peace
Neal's Hist. and Fitch's MS.
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NEW-HAMPSHIRE.
of the community over which he prefides. 1685. Had there been the leaft colour, either of zeal or policy, for the feverity exercifed in the profecution of Moody, candour would oblige us to make fome allowance for hu- man frailty. His ordering the members of the affembly to be made conftables, was a" mode of revenge difgraceful to the character of the fupreme magiftrate.' From the fame Neal, va !. bafe difpofition, he is faid to have employed 2, p. 39. fpies and pimps, to find matter of accufation againft people in their clubs, and private dif- courfe. And his deceit was equal to his malice ; for, being at Bofton when the char- ter of that colony was called in queftion, and the people were folicitous to ward off the danger ; he advifed them to make a private offer of two thoufand guineas to the king, promifing to reprefent them in a favourable light ; but when they, not fufpecting his in- tention, followed his advice, and thewed him the letter which they had wrote to their a- gents for that purpofe, he treacheroufly re- prefented them as " difloyal rogues ;" and Hutchin. made them appear fo ridiculous that their a- vol. 1, page gents were alhamed to be feen at court. 337. However, when he had quitted the country, and had time for reflection, he grew afham- ed of his mifconduct, and while he was col- lector at Barbadoes, made a point of treating the mafters of veffels, and other perfons who Fitch'e MS. went thither from Pafcataqua, with particu- lar refpect.
Although the decifion of titles in Cran- field's courts had been reprefented, in the report of the lords, as extrajudicial, and a royal order had been thereupon iffned to
180
HISTORY OF
1685. fufpend any farther proceedings in the cafe of Mafon, till the matter fhould be brought before the king in council, purfuant to the directions in the commiffion ; yet Barefoote fuffered executions which had before been iffued to be extended, and perfons to be im- prifoned at Mafon's fuit. This occafioned a frefh complaint and petition to the king, which was fent by Weare, who about this time made a fecond voyage to England, as agent for the province and attorney to Vaughan, to manage an appeal from feveral verdicts, judgments, decrees and fines which had been given againft him in the courts here, one of which was on the title to his eftate. , An at- tempt being made to levy one of the execu- tions in Dover, a number of perfons forcibly refiited the officer, and obliged him to relin- quifh his defign. Warrants were then iffued againft the rioters, and the fheriff with his attendants attempted to feize them, while the people were affembled for , divine fervice. This caufed an uproar in the congregation, in which a young heroine diftinguithed her- felf by knocking down one of the officers > with her bible. They were all fo roughly handled that they were glad to efcape with their lives.
Weare's MS'S.
MSS in files.
MISS in files.
D.c. 30
That nothing might be wanting to thew the enmity of the people to thefe meafures, and their hatred and contempt for the au- thors of them ; there are ftill preferved the original depofitions on oath, of Barefoote and Mafon, relating to an affault made on their perfons by Thomas Wiggen and Anthony Natter, who had been members of the affem- bly. Thefe two men came to Barefoote's.
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NEW-HAMPSHIRE.
1685.
houfe where Mafon lodged, and entered into difcourfe with him about his proceedings ; denying his claim, and ufing fuch language as provoked him to take hold of Wiggen, with an intention to thruft him out at the door. But Wiggen being a ftronger man feized him by his cravat, and threw him in- to the fire ; where his clothes and one of his legs were burned. Barefoote, attempting to help him, met with the fame fate, and had two of his ribs broken and one of his teeth beaten out in the ftruggle. The noife alarm- ed the fervants, who at Mafon's command brought his fword, which Nutter took away, making fport of their mifery *.
Nothing elfe occurred during Barefoote's fhort adminiftration, except a treaty of friend- fhip, between the Indians of Penacook and Saco, on the one part; and the people of New-Hampfhire and Maine on the other. The foundation of this treaty feems to have been laid in Cranfield's project of bringing down the Mohawks on the eaftern Indians ; which had once before proved a pernicious meafure ; as they made no diftinction be- tween thofe tribes which were at peace with the Englifh, and thofe which were at war.
* A farther specimen of the contempt in which these men were held, even by the lower class of people, expressed in their own genuine language, may be seen in the following affidavit :
" Mary Rann, aged thirty years or thereabout, witnesseth, that the 21 day of March 84, being in company with Seabank Hog, I heard her say ; it was very hard for the governor of this province to strike Sam. Seavy before he spoke ; the said Hog said also that it was well the said Seavy's mother was not there for the governor, for if she had, there had been bloody work for him. I heard the said Hog say also, that the governor and therest of the gentlemen were a crew of pitiful curs, and did they want earthly honour ? if they did, she would pull off her head clothes and come in her hair to them, like a parcel of pitiful beggarly curs as they were ; come to undo us both body and soul ; they could not be contented to take our estates from us, but they have taken away the gospel also, which the devil would have them for it."
" Sworn in the court of pleas held at Great Island the 7 of Nov. 1684. R. Chamberlain. Prothon."
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HISTORY OF
1685. Some of the Penacook Indians who had been at Albany after Cranfield's journey to New- York, reported on their return, that the Mo- hawks threatened deftruction to all the eaft- ern Indians, from Narrhaganfet to Pechyp- fcot. Hagkins, a chief of the tribe, had in- formed Cranfield in the fpring of the danger he apprehended, and had implored affiftance and protection, but had been treated with neglect. In Auguft the Penacook and Saco Indians gathered their corn, and removed their families ; which gave an alarm to their Englifh neighbours, as if they were prepar- ing for war. Meffengers being fent to de- mand the reafon of their movement, were informed that it was the fear of the Mo- hawks, whom they daily expected to deftroy them ; and being afked why they did not come in among the Englifh for protection, they anfwered left the Mohawks fhould hurt the Englifh on their account. Upon this they were perfuaded to enter into an agreement ; and accordingly their chiefs being affembled with the council of New-Hampfhire, and a deputation from the province of Maine, a treaty was concluded, wherein it was itipulat- ed, that all future perfonal injuries on either fide fhould, upon complaint, be immediately redreffed ; that information fhould be given of approaching danger from enemies ; that the Indians fhould not remove their families from the neighbourhood of the Englith with- out giving timely notice, and if they did that it fhould be taken for a declaration of war ; and, that while thefe articles were obferved, the Englifh would affift and protect them a- gainft the Mohawks and all other enemies.
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