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 21

Author: Belknap, Jeremy, 1744-1798. cn
Publication date: 1813
Publisher: Boston, published by Bradford and Read
Number of Pages: 712


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 21


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The stockinges and the mault and the suites of clothes and sugger tud raysinges and wine that was delivered by Mr. Bright and Mr. Lewes I have not received any satisfaction for, wherein I must crave your helpe and such satisfaction as may be sent by this shipp.


The christall stories you sent are of little or no valew unless they were 'sgreat to make drinking cuppes or some other workes, as fallers for fairs


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lookeinge glasses or for garnishinge of rich cabinets. Good iron or lead care I should like better of if it could be found.


I have disbursed a great deale of money in your plantation and never received one penny, but hope if there were once a discoverie of the lakes that I should in some reasonable time be reimbursed again. I pray you helpe the mr what you can to some of the best iron stoane for ballast, and in case he want other ladeinge to fill the shipp upp with stockes of cy- press wood and cedar. Let me hear from you of all matters necessary, and wherein I maye doe you any pleasure I shall be reddie, and so with my heartie commendations, I rest your verie loveing friend,


Portsmouth, May 5th, 1634.


(Received 10th July, 1634.)


JOHN MASON.


No. IX. Answer to the foregoing.


SIR,


TTOUR worship have done well in setting forward your plantacon, and for your milles they will prove beneficial unto you by God's assist- ance. I would you had taken this coorse sooner, for the merchants I shall be very cautyouse how I deale with any of them while I live. But God's will be done. I and the world doth judge that I could not in these my dayes have spent my time for noethinge. For their sending trade and support I desire it not. I have supported but now sonke under my bur- then, the more I thinke on this, the more is my griefe.


I have received the hogsd. of mault that you sent me, giveing you humble thanks for the same. The servants that were with me are dis- charged and payd their wages for the yeare past and I have delivered un- to Mr. Wannerton 43lb. of beaver to pay those that were with him for the year past. For the paying of the servants there old wages or the dividing of the goods I expect a general letter, if not then to heare further from your worshippe. Your carpenters are with me and I will further them the best I can. Capt. Neale appoynted me two of your goats to keepe, at his departinge, I praise God they are 4. Of the goods that Mr. Bright left I onely recd. of Capt. Neale 4 bushells of mault and at several times 8 gallons of sacke, and from Mr. Wannerton 7 bushells and 1 peck of mault, 5 lb. and halfe of sugar and 3 pr. of children stockings and 97 1b of beefe which was of an old cow that Mr. Wannerton killed, being doubt- full that she would not live over the winter. For these I will pay Mr. Jocelin for you.


I perceive you have a great mynd to the lakes, and I as great a will to assist you. If I had 2 horses and 3 men with me I would by God's helfe soon resolve you of the situation of it, but not to live there myselfe.


The Pide-Cow arrived the 8th Julie, the 13th day she cast anchor some halfe a mile from the falls, the 18th day the shippe unladen, the 19th fell downe the river, the 22d day the carpenters began about the mill, the 5th of August the iron stoane taken in the shippe. There is of 3 sorts, on sort that the myne doth cast fourth as the tree doth gum, which is sent in a rundit. On of the other sortes we take to be very rich, there is great store of it. For the other I know not ; but may it please you to take no- tice of the waight and measure of every sort, before it goeth into the fur- nace and what the stone of such weight and measure will yeeld in iron. This that 'e take to be the best stone is one mile to the southward of the


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great house*, it is some 200 rodd in length 6 foote wide, the depth we know not, for want of tools for that purpose we tooke onely the surface of the mine.


I have paled in a piece of ground and planted it. If it please God to send us a drie time I hope there will be 8 or 10 quarters of corne. You have heare at the great house 9 cowes, 1 bull, 4 calves of the last yeare and 9 of this yeare ; they prove very well, farre better than ever was ex- pected, they are as good as your ordinary cattel in England, and the goats prove some of them very well both for milk and breed. If you did send a shippe for the Western Islands of six : core tunne or thereabouts for cowes and goates it would be profitable for you. A stocke of iron worke to be put away with your boardes from the mill will be good, nayles, spikes, lockes, hinges, iron works for boats and pinaces, twine canvis, need es and cordage, pitch and tarre, graples, ankers, and necessarys for that purpose.


Sr, I have written unto Mr. John Round to repair unto your worship ; he is a silver smith by his trade but hath spent much time and means a- bout iron, may it please you to send for him, he dwelleth in Mogul street, if you are acquainted with any fiuer or mettle man enquire of him and as you see cause send for him, he is well seene in all mineralls ; if you deale with him he will give you a good light for your proceedings.


The 6th of August, the shippe ready to set sayle for Saco to load cloave bords and pipe staves. A good husband with his wife to tend the cattle and to make butter and cheese will be profitable, for maides they are soone gone in this country. For the rest I hope Mr. Jocelyn for your own particulars will satisfye you for I have not power to examen it. This with my humble service to your worship, I rest,


Newichawanock, Your ever loving servant,


the 6th of August, 1634.


AMBROSE GIBBINS.


No. X.


An original letter from G. Vaughan to Mr. Gibbins. Mr. Gibbens,


Boston, Aug. 20, 1634.


W "E only wait for a faire wind. I shall acquaint Mr. Mason and the rest of the owners fully of what you and I have formerly discourst, and if they give mee incouradgment hope shall see you againe the next yeare. Lookeing over my papers found the inclosed, it being the divisy- on of the townes, and the copia of what Capt. Nele and Capt. Wiggens wroat hoome to the pattentes of Laconiah and Hilton's Point. It may be of som use to you hereafter, therefore sent it you, leste Cant. Wiggens should make another bluster. Which with my kind love to you and your spouse and little Beck, I am your assured friend,


GEORGE VAUGHAN.


No. XI. Another from the same.


Loving frend Gibbens,


London, 10th April, 1636.


W KE put into Ireland goinge home, and there was taken sike and lefte behind, and laye so long before I got well that it was the lat- ter end of December laste before I got to London, and Mr. Mason was ded. ' But I spoke with Sr Ferdinando Gorges and the other owners, but they pave me no incouradgment for New-England. . I acquainted them


. The great house stood opposite to the house of Mr. Temple Knight.


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fully of what you and I discoursed, but they were quite could in that inat. ter, Mr. Mason being ded and Sr Ferdinando minding only his one divity- on. He teles me he is geting a pattente for it from the king from Pascate aqua to Sagadehocke, and that betwene Meremacke and Piscataqua he left for Mr. Mason, who if hee had lived would a tooke a hattent for that also, and so I suppose the affairs of Laconia is ded also. I intend to gos for the Este Indyes, a frend of mine have made mee a very good proffer and I thinke to take up with it. Which is what offers at present. Thus with my kind love to you and your wife and daughter,


I am your loving friend, GEORGE VAUGHAN.


N. B. The ten fireceding papers are in the recorder's office for Rocku ingham county.


XII.


Copy of a report of a Committee of Reference on the petition of Rob. Ma- son, Edward Godfrey. and others to the king, (in 1661.)


To the Kinges most excellent Majestie,


A CCORDING to your majesties reference upon the petition of Rob- ert Mason, Edward Godfrey, and others, hereunto annexed, bearing date at Whitehall the seventeenth of November 1660, wee have heard the claimes and complaints of the peticoners, and also summoned by pro- cess publicquely executed att the exchange on the 21st day of January last against all persons interested in that business, but none appeared bu: Capt. Jno. Leverett, who acknowledged that formerly hee was commissionated as an agent of the corporacon of Boston in New-England, but that now he had noe authority to appear or act on their behalf.


Upon producing of rivers letters pattents and examinacon of witnesses, wee finde, That Capt. Jno. Mason, grandfather to Robert Mason one of the peticoners, and Edward Godfrey another of the peticoners, by virtue of several letters pattents under the great seale of England granted unto them and others by your majesties late royal father, by themselves and their assignes have been in actual and quiet possession of several tracts, parsells and divisions of land in New-England, as in and by the said let- ters patents is particularly expressed, and that the said Capt. Jno. Mason and the said Edward Godfrey did expend and lay out considerable sums of money in settling plantacons and collonys there ; That the said Edward Godfrey has lived there for five and twenty yeares, having undergone and discharged the office of governor of the province of Mayne with much reputacon of integrity and justice, endeavouring the regulacon and got - ernment of those partes where he lives according to the known and set- tled lawes of this kingdome That notwithstanding, the said Edward God- frey has not only been turned out of his said place of governor, butt ha's Leen utterly outed and dispossessed of his lands and estate in that com. try, which the inhabitants of the Massachusetts have forcibly seized sur still doe detayne the same from him ; That it appears as well by testi- mony of witnesses as by a coppy of the letters pattenis that they were not to act any thing repugnant to the lawes of England, nor to extend their bounds and limits of the said corporacon farther than three miles north - ward of Merrymacke river, and as a memorial and evidence thereof, the governor of the Massachusetts did sett up an house about thirty years", since, which is called the bound house, and is knowne by that name to the


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«day, and with this division and assignment or lott of land the inhabitants and pattentees of the said corporacon of the Massachusetts rested content for the space of sixteen years together, until about the year 1652 they did . enlarge and stretch their line about threescore miles beyond their known and settled bounds afosesaid ; and have thereby not only invaded and in- croached upon the plantacons and inheritances of the petitioners andother your majesties subjects, but by menaces and armed forces compelled them to submitt to their usurped and arbitrary government which they have declared to be independent of this your majesties crowne of England, and not subordinate thereunto.


It appears further by the witnesses that the colony of Massachusetts has for these many years past endeavoured to modell and contrive themselves into a free state or commonwealth without any relacon to the crowne of England, assuming on themselves the name and stile of a commonwealth, issuing of writs in their owne name, imposing of oathes to be true unto themselves contrary to that of allegiance, coyning of money with their owne stamps and signatures, exercising an arbitrary power over the estates and persons of all such as submitt not unto their government al- lowing them noe appeales to England. And some have been soe bold as publiquely to affirme, that if his majestie should send them a governor, that the severall townes and churches throughout the whole country un- der their goverment did resolve to oppose him, and others have said that before they of New-England would or should submitt to any appeale to England they would sell that country or plantacon to the king of Spaine *.


That by reason of the premises the said Rob. Mason and Edward God- frey have beene damnified in their plantacons and estates to the value of five thousand pounds, according to the judgment and estimacon of sever- all witnesses, examined in that behalfe. But by what pretence of right or authority the Massachusetts have taken uppon them to proceede and act in such manner doth not appeare to us.


All which we most humbly represent to your majestie in duty and obedience to your commands, not presuming to offer any opinion in a bu- siness of soe high importance, wherein the publique interest and gov- ernment of your majestie appears soe much intermixt and concerned with the private interest of the peticoners.


Robt. Mason, G. Sweit,


Ja. Bunce, Richard Fora,


Th. Exton, Jo. Mylles.


Tho. Povey.


Without date ] in the recorder's office for Rockingham county.


No. XIII. To the King's most excellent Majesty.


The humble petition of Robert Mason, proprietor of the province of New- Hampshire, in New-England,


Sheweth,


!THAT your majesty's royal grandfather king James, of ever blessed memory, did by his highness letters patents under the great seale of England, bearing date at Westminster the third day of November, in the eighteenth ycare of his reigne, give, grant and confirm unto several of The principal nobility and gentry of this kingdome by the name of the


* Kide Hutch. dolles. pap. page 389.


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councell of New-England, their successors and assignes forever, all the land in America lying between the degrees of 40 and 48 north latitude, by the name of New-England, to be held in fee, with many royal privi- leges and immunities, only paying to his majesty, his heirs and succes- sors, one fift part of all the oare of gold and silver that should at any time be found upon the said lands, as by the said letters patents doth at large appeare.


That John Mason, esq. your petitioner's grandfather, by virtue of sev- eral grants from the said councell of New England, under theire common seale, bearing date the 9th of March 1621, the 10th of August 1622, the 7th of November 1629, and the 22d of April 1635, was instated in fee in a great tract of land in New-England, by the name of New-Hampshire, lyeing ipon the sea-coast between the rivers of Naumkeek and Pascataway, and running up into the land westward threescore miles, with all the islands lye- ing within five leagues distance of any part thereof, and also the south halfe of the Isles of Shoals ; and also the said John Mason together with Sir Fer- dinando Gorges, knt was enieoffed by the aforesaid councell of New-Eng. land in other lands by the name of Laconia by their deed beareing date the 27th day of November 1629, the said lands lyeing and bordering upon the great lakes and rivers of the Iroquois and other nations adjoining. All which said lands to be held as fully, freely, in as large, ample and bene- ficial manner and forme to all intents and purposes whatsoever as the said councell of New-England by virtue of his majesty's said letters patents might or ought to hold and enjoy the same, as by the said several grants appeares.


Whereupon your petitioner's said grandfather did expend upwards of twenty two thousand pounds in transporting people, building houses, forts, and magazines, furnishing them with great store of armes of all sorts, with artillery great and small, for defence and protection of his servants and tenants, with all other necessary commodities and materialls for cstab- lishing a settled plantion.


That in the year 1628, in the fourth yeare of the reigne of your majes- ty's royal father, some persons did surreptitiously and unknown to the said rouncell, get the scale of the said councell affixed to a grant of certaine lands, whereof the greatest part were solemnly past unto your petitioner's grandfather and others long before, and soone after did the same persons by their subtil practises get a confirmation of the said grant under the great seale of England, as a corporation by the name of THE CORPO- RATION OF THE MASSACHUSETTS BAY IN NEW-ENG- LAND, your majesty's royal father being unwitting thereof, and having thus by fraud obteyned a grant and confirmation, they compelled the rightfull inhabitants to desert their plantations, and by many outragious actions they became possessed of that part of the connuy, declarcing themselves to be a free people, frameing to themselves new lawes, with new methods in religion absolutely contrary to the lawes and custonies of this your majesty's realme of England, punishing diverse that would not approve thereof, some by whipping, others by burning their houses, and some by banishing, and the like.


At last the complaints of the oppressed subjects reaching the cares of rour royal father, his magesty caused the whole matter to be examined before his most honourable privy councell and all being fully proved, his majesty did command the councell of New-England to give an account


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by what authority, or by whose procurement those people of the Massa- chusetts Bay were sent over, his majesty concieving the said councell to be guilty thereof.


But the said councell of New-England made it plainley to appeare to his majesty that they were ignorant of the whole matter and that they had noc share in the evills committed and wholly disclaimed the same, and the said concell finding they had not sufficient means to give redress and rectify what was bro't to ruine, they humbly referred to his majesty to doe therein as be pleased and thereupon the said councell of New-Eng- gland resolved to resign, and did actually resigne the great charter of New England into his majesty's royal handes, seeing there was an abso- lute necessity for his majesty to take the management of that country to himself, it being become a business of high consequence and only to be remedied by his sovereign power, all which appears by the declaration of the councell of New-England dated the 25th of April, 1635, together with the act of surrender of the great charter of New-England dated the 7th day of June, the same year.


That immediately thereupon, his majesty in trinity terme 1635, caused a quo warranto to be brought up by Sir John Banks his majesty's then attorney general against the governor, deputy governor and every of the assistants of the said corporation of Massachusetts in New-England seve- rally, according to their names mentioned in the said patents of incorpo- ration, being twenty six persons, whereof two being dead, of the remayn- ing twenty four persons, there did fourte :n at severa' times appeare at the king's bench bar and there disclaimed the charter, the remaining tenn persons were outlawed, and thereupon judgment given for the king, that the liberties and franchises of the said corporation of Massachusetts Bay should be seizedinto the king's handes & the body of the governor to be taken into custody for usurping the said liberties, all which appears by the roles in the crown office, of custos brevium for the king's bench of the proceed- ings in the severall terms from the yeare 1635 to 1637.


That thereupon his said royall majesty on the 3d day of May 1637, did order in councell that the attorney genl. be required to call for the said patent and present the same to the board, and his majesty by his declara- tion of the 23d of July 1637, in the 13th yeare of his reigne declared his royal pleasure for establishing a generall government in his territory of New-England for the prevention of the evils that otherwise might ensue for default thereof, thereby declaring Sr Ferdinando Gorges to be gover- nor generall of the whole country and requiring all persons to give theire obedience accordingly.


That the warrs and troubles immediately ensueing in Scotland and pres- ently after here in England did hinder his said majesty from settling that country or prosecuting the right which he intended his subjects, however the proceedings of his majesty caused some restraint to the further violences and oppressions of the said Massachusetts, and they conteyned themselves for a time within their pretended bounds but nog sooner was that king of blessed memory your royal father become a sacrifice but they renewed theire former violences by oppressing all the other colonies and designe- ing by encouragement from some in England to erect themselves into a commonwealth, and in order to lay a foundation for this power and domin- ion which they now aspired unto they thought it necessary to extend theire beunds and spread into a larger territory then as yet they had usurped, and


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that this work might not be done without a mask or color of right they de in an assembly held at Boston the 19th of October 1652, seriously peruse the grant (which had been procured as aforesd.) and therein weighing the words and trying what new sence they might beare more suteable to theire increase of power, they tho't fit at length to declare themselves mistaken in what they had done in the year 1631, when they erected bound-houses and had for soe many yeares confined themselves thereunto, whereas now by the help of an imaginary line or rather by a new reason of state there is a sence imposed by themselves upon thetre own words and they stretch their rights to neer two hundred miles of land northward and as much southward more than they were satisfied withal before, swallowing up your majesty's petitioner as well as others whose properties were established long before the said people had any being. And that they might give execu. tion to this righteous sentence they presently invade and by force of arms seize upon the province of New Hampshire, and other lands of right be- longing to your petitioner, besides what they did to others, compelling the inhabitants to swear to be true to them and to cast off their lawfui lords, and such as refused were either ruined, banished or imprisoned, and any appeales to England utterly denied unto them, then they proceed to coin. ing of money with their owne impress, raising the coine of England, and acting in all matters in a most absolute snd arbitrary way. And although your petitioner by his agent Joseph Mason did demand redress of the general court of Massachusetts setting at Boston in 1652, offering to make out the right and title of your petitioner to the province of New-Hamp- shire and other lands against all persons whatsoever, yet noe restitution could be obtayned without a submission to their authority, and to hold the lands from them which the petitioner then did refuse and hath alwaies refused chusing rather to wait for more happy times wherein to expect reliefe than by a legall resignation of his rights to those who had none at all divest himself of what his ancestors had purchased at soe deare a rate : Your yetitioner having as eaquall a right to the government in the said province as he hath to the land itself, all which appears by a report made to your majesty the 15th of February 1661, when your petitioner first ex- posed to your majesty the oppressions under which he had so long groan- ed, in the evil times, and which grieves him now much more to beare while hee has the protection of soe just and gracious a soveraigne to re- sort to.


Wherefore your petitioner most humbly in plores your majesty to take notice, that (by a plaine discovery of what fraud in the beginning and the length of troubled times has helped to conceale) the Bostoners have noe patent of incorporation at all, that yet they have under colour of right and authority from the crown devoured your petitioner and other proprietors whose titles are by your majesty's learned councell allowed as strong as the law can make them.


That all waies have been tried and methods used to obteyn justice fiona the Bostoners, but all have proved ineffectuall, that your petitioner's losses have been soe many and great, and his suffering's soe continued that he cannot any longer support the burthen of them. And when your majes- ty will but consider how small the respect has been wherewith those pec. ple have treated your majesty since your happy restauration, and what daily breaches are by them made upon your majesty's acts of navigation, which turnes so greatly to the detriment of this kingdome in general


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tiese losses and sufferings of a particular subject cannot much be ques- tioned, soe that your petitioner humbly hopes that your majesty will think It high time to stretch forth your royall hand of justice to assist your peti- tioner, that hee may have the quiet possession of his province, and re- paration made him for the losses susteyned, in such ways and methods as the importance of the case requires, and your majesty in your royall wis- dome shall think most fitt.


And your petitioner shall ever pray. ROB. MASON.


[From a copy in the possession of the Masonian proprietors.]


XIV.


A brief declaration of the right and claim of the governour and company of the Massachusetts Bay in New-England, to the lands now in their possession, but pretended to by Gorge and Mr. Mason, together with an answer to their several pleas and complaints in their petitions exhibited : Humbly presented and submitted by the said governour and company to the king's most excellent majesty, as their defence.




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