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 24
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27
To Walter Barefoot, Esq. judge of the court of pleas of the crowne, &c. now sitting at Great Island. And to Nathaniel Frier and Henry Green, Esqrs. assistants.
The information of Joseph Rayn his majesty's attorney general for the said province of New-Hampshire, against Joshua Moody of Ports- mouth in the said province, clark, in his said majesty's behalfe.
HE said Joseph Rayn informeth, that the abovesaid Joshua Moody being the present minister of the towne of Portsmouth aforesaid, willin the dominions of our sovereign ford Charles the second, king of Engla ut, is by the duty of his place and the laws and statutes of the realme
320
APPENDIX.
of England, :(viz. the statute made in the fifth and sixth of king Edward the sixth, and the stat. of the first year of the raign of the late queen E. lizabeth, which is confirmed by the statute made in the thirteenth and fourteenth year of the raign of our sovereign lord king Charles the second) ' required and commanded to administer the sacrament of the Lord's sup- per in such manner and forme as is set forth in the book of common prayer and administration of the sacraments and other rites and ceremo- nics of the church of England, and shall use no other manner or forme then is mentioned and set forth in the said book. Nevertheless the said Joshua Moody in contempt of the said laws and statutes hath wilfully and obstinately refused to administer the sacrament of the Lord's supper ac- cording to the manner and forme set forth in the said book of common prayer, unto the honble Edward Cranfield, esq. governor of his majesty's said province of New-Hampshire, Robert Mason, esq. proprietor, and John Hinks, esq. of the said province ; and doth obstinately and wilfully use some other forme then is by the said statutes ordained, contrary to the forme thereof : Therefore the said Joseph Rayn in behalf of our sovereign lord the king, doth pray, That the said Joshua Moody being thereof convicted according to law, may suffer such penalties as by the said stat. are made and provided in that case.
No. XXIV. Copy of a second information against Moody.
New-Hampshire in New-England.
To the honble Walter Barefoot, esq. judg of the court of pleas of the crown and other civil pleas, held at Great Island, and now sitting this 6th Feb. 1682, &c.
The information of Joseph Rayn his majesty's attorney general for the said province, in his majesty's behalf against Joshua Moody of Portsmonth, clark.
WV HEREAS the said Joshua Moody hath in open court of the quarter sessions of the peace held at Gr. Island aforesaid upon record, confessed and owned before the Justices, That he hath administered tho sacraments contrary to the rites and ceremonies of the church of England, and the form prescribed and enjoined by the statute made in the first year of the late queen Elizabeth, and so stands convicted of the said offence before the justices at the said sessons ; Joseph Rayn his majesty's attor- ney general for the said province, who prosecutes for our sovereign Jord the king doth (according to the ancient law of the statute made in the for- ty second year of the raign of king Edward the 3d, now in force) in his majesty's behalf, exhibit his information to this hon. court against the said Joshua Moody, for that he having for many years had the appearance and reputation of a minister of God's word in the said province, being within the king's dominions, and having wilfully and obstinately refused to admin. ister the sacraments according to the rites of the church of England, hath administred the sacraments of baptism and the Lord's supper in other manner and form than is appointed and commanded by the statute of the first of queen Elizabeth and other statutes, contrary to the form thereof and in contempt of his majesty's laws : And doth pray the court's judgment and that the said Joshua Moody may suffer the penalties by the said statute in this case made and provided.
321
APPENDIX.
No. XXV.
. New-Hampshire in New-England.
To James Sherlock, gent. prov. marshal and sheriff of the said province, or his deputy.
N. his majesty's name you are hereby required forthwith to take and apprehend the body and person of Joshua Moody of Portsmouth in the said province, clark, and carry him to the prison of Great Island in the said province ; and the prisonkeeper, Richard Abbot, is hereby 1e- quired to receive him the said Joshua Moody and keep him in safe custo- dy in the said prison, he having bin convicted of adriinistring the sacra- menis contrary to the laws und statutes of England. und refusing to ad- minister the sacraments according to the rites and ceremonies of the church of England, and the form enjoined in the said statutes. There to remain for the space of six months next ensuing, without bail or mainprize. Fail not.
Dat. the 6th of Feb. 1632.
WALT. BAREFOOT, (Seal.)
PETER COFFIN, ( Seai.)
HEN. GREEN, (Seal.)
HEN. ROBY, (Scal.)
Vera copia,
Teste, Richdo Chamberlain, CIro P. [ The three preceding papers are in the Recorder's office.]
No. XXVI.
Copy of an order for raising money without an assembly. New-IIamp.
At a councel held at Gr. Island, Feb. 14, 1682. By the governor and councel.
THEREAS we have lately had intelligence by a letter from Capt. Hook to Capt. Barefoot one of the councel of this his majesty's province, that he had advice from the captain of the fort at Casco of a sud- den rising and onset intended by the Indians upon the English at the east- ward : And whereas the assembly have been lately tendred a bill for rais- ing a revenue for the fortifying and defending ourselves against his maj- esty's enemies, did absolutely refuse and reject the same without giving any reason for so doing, or preparing any other for defraying the charge of the public service. We his majesty's governor and councel finding the public treasury so empty and bare that there is not somuch money as to pay a single messenger ; and those persons that are the support of the province have not estates to support themselves in the war (if any should happen) without due payment for their service in consideration of the premises, by virtue of his majesty's royal commission bearing dato the nineth of May 1682, and also of his majesty's royal instructions to the governor bearing date the 29th of April 1682, have, for the raising a rev- enue for fortifying and defraying the necessary charges of the government, that there may be a magazeen of ammunition and provision, and of money to pay indigent souldiers, as also for such emergencies as a war necessari- ly produce, thought fit to continue, and do hereby continuc all such taxes and impositions as have been formerly laid upon the inhabitants (except- ing only the rate of the penny in the pound raised in time of usurpation cithout a general assembly) commanding and requiring all and singular
R R
322
APPENDIX.
the constables and collectors forthwith to perform their duty in levying and collecting the same, and paying it in to the treasurer.
No. XXVII.
Copy of a letter from the council to Governor Dungan. Prov. of New-Hampshire, Mar. 21, 1682. Sir,
B y several advices we have received of a sudden rising intended by the Indians in these eastern parts to fall upon the English, we judged it absolutely necessary without delay to provide for the safety and preserva- tion of his majesty's subjects inhabiting this province, and to give ieleef (if necd be) to our neighbouring colonies. We have therefore upon con- sideration of the best means for the securing of these provinces conci ded it very necessary to entertain a number of southern Indians for souldiers, who are best acquainted with the manner of these Indians skulking fight ; and this being a work of piety and charity for preventing the effusion of christian blood : And knowing that your honor has an influence upon the southern Indians our honourable governor was willing to take the trouble upon himself of a journey to New-York to treat with your honor for send- ing of such a number of Mahiquas, or other Indians, as may be conveni- ent to assist in this service, and to make such capitulations am. agreen:ent as to his honor shall seem reasonable. We doubt not your honor's readi- ness in any thing that may tend to his majesty', service and tue safety of his subjects, having often heard a noble character of your honor from our governor, whom we have intreated to present our letter with our most humble service. We have committed all matters to his honor's prudence and management and what his honor shall judg fit to be done we shall see performed So praying for your honor's health and prosperity, we sub- scribe ourselvs, (being his majesty's council of New-Hampshire)
May it please your hon. your most humble servants, ROBI. MASON,
'To the honble Col. Tho. Dongan,
governor of his royal highness --
WALTER BAREFOOT,
his colony of New-York, and
R. CHAMBERLAIN,
the territories thereto belong-
ROBI. ELLIOT,
ing, humbly present.
JOHN HINKS.
[The two preceding papers are in the council's minutes, second book.]
No. XXVIII.
To, the king's most excellent majesty.
The humble address and petition of sundry of your majesty's loyal subjects the freeholders and habitants of your majesty's province of New-Hamp- shire in New-England, Most humbly shewetli, [From the towne of Exeter.
T HAT your petitioners predecessors having under the encouragement of your majesty's royal ancestors by their letters patents to the great council of Plymouth, removed themselves and some of us into this remote and howling wilderness in pursuance of the glorious ends proposed, viz. The glory of God, the enlarging his majesty's dominions, and spreading the gospel among . the heathen : And in order thereunto either found the land we now possess vacuum domicilium, or purchased them of the heath- en the native proprietors of the same, or at least by their allowance, ap- probacon or consent, have sate downe in the peaceable possession of the
1
P
323
APPENDIX.
game for the space of above fifty years ; hoping that as wee had attended the ends, soe wee should have shared in the priviledges of those royal let- ters patents above menconed, and thereupon did the more patiently beare and chearefully graple with those innumerable evils and difficulties that must necessarily accompany the settlers of new plantacons, especially in such climates as these, besides the calamities of the late Indian warr to the loss of many of our lives, and the great impoverishment of the surviv- ors. Wee were alsoe further incouraged from your majesty's princely care in takeing us by your late commission under your majesty s imme- diate government, and appointing some among ourselves to govern us ac- cording to those methods there prescribed, being particularly bound to discountenance vice and promote virtue and all good living, and to keep us in a due obedience to your majesty's authority and continuance of our just libertyes and propertyes, together with liberty of conscience in mat- ters of worshipp, and all in order to our liveing in all godliness and hon- esty, fearing God and honouring the king, which wee profess to be our desire to doc.
But contrariwise partly by the unreasonable demands of our pretended proprietor Robert Mason, esq. and partly from sundry other reasons that are either effects or concomitants thereof wee are in a fair worse condi- tion than any other your majesty's plantacons, and reduced to such confu- sions and extremities that necessitate our humble application to your maj- esty, upon whose clemency and justice only under God we depend for our releife.
Your poor distressed and oppressed petitioners doe therefore most hum- bly supplicate your most gracious majesty that you will vouchsafe to give leave unto one of ourselves, Mr. Nathaniel Weare, whom wee have sent for that end to spread before your sacred majesty and your most honoura- ble privy councell our deploreable estate, the beholding of which we doubt not will move compassion towards us, and your majesty's propensity to justice will incline to the using such meanes as to your wisdom shall seem best that the oppressed may be relieved, wronged ones righted, and we your majesty's almost undone subjects now prostrate at your feet, may up- on the tasteing of your equity and goodness, be raised and further engag- ed in all humility and thankfulness as in duty bound evermore heartily to pray, &c.
Andrew Wiggin,
David Robinson,
'Thomas Wiggin senior,
Kinsley Hall,
Bily Dudley,
Thomas Wiggin junior, Robert Smart senior,
James Sinkler,
Jolin Young,
Christian Dolhoff,
John Foulsham,
Philip Charte,
Edward Smyth,
Jeremiah Low,
Peter Foulsham,
Ralph Hall,
Theophilus Dursely,
Samuel Hall,
Richard Morgen, Samuel Leavitt,
John Wadleigh, .
John Cotton junior, John Gilman senior, Edward Gilman, Moses Leaveitt,
Eleazer Elkins,
Ephraim Foulsham,
Humphrey Wilson,
Jonathan Robinson, Thomas Rawlins,
John Sinkler,
Samuel Foulsham,
Nathaniel Foulshani, Jonathan Thing.
-
324
APPENDIX.
The like petition from the town of Hampton in the said province sign. ed by, Nathaniel Bachiler,
John Marston, -
Benjamin Lauyre, . William Fuller, John Sanbourne, Hesron Leavitt,
. Jacob Browne,
Thomas Browne,
Samuel Shuerborne,
Henry Lamper,
Francis Page,
Jonathan Wedgwood, Henry Moulton,
Benjamin Browne,
John Moulton,
Thomas Philbrick,
Joseph Smith,
Timothy Blake,
David Wedgwood,
Jacob Perkins,
James Cheuse,
Jonathan Philbrock,
James Perkins,
Ebenezer Perkins,
Morris Hobbs senior,
Caleb Perkins, Joseph Perkins,
Benjamin Moulton,
Thomas Levitt,
Thomas Derborne,
John Levitt,
Henry Derborne,
Benjamin Shaw,
Christopher Hussey,
Samuel Cogg,
John Tucke,
Timothy Hillyard,
John Smith,
-
John Stanyan,
Philip Towle,
Joseph Sanbourne,
Josiah Sanbourne,
Isaac Perkins,
William Sanbourne senior,
Moses Swett,
Ruth Johnson, widow,
Joseph Swett,
Richard Sanbourne,
Joseph Cass,
Thomas Walker,
Duel Clemens,
Isaac Godfrey,
Samuel Cass,
Humphrey Perking,
John Sanbourne senior.
David Lamprey,
The like petition from Portsmouth in said province, signed by, George Hunt, Thomas Wacombe,
Peter B.dll,
Obadiah Mors,
John Sherborne senior,
Nicholas Morrell,
Samuel Wentworth,
Samuel Keais,
Sp. Lovell,
John Dennett,
Richard Webber, .
Jobn Tookc,
Richard Waterhouse,
Edward Melcher,
William Davell,
George Lavers,
John Cotton,
Jacob Lavers,
Colomart Mashawes,
John Brackett,
John Barsham,
Matthius Haynes,
John Shipivay,
Samuel Haines,
Jolin Johnson,
Samuel Haines junior,
William Fifield senior,
John Sherborne junior, Thomas Pickerin,
Walter Neal,
Joseph Moulton,
Joseph Dow, John Clifford senior, Samuel Philbrook, Joseph Shaw, John Clifford,
Aratus Levitt,
Anthony Stanyan,
Thomas Page,
Peter Weare,
James Philbrick,
325
APPENDIX.
John Light, William Pitman, James Jones, William Cotton,. James Levitt,
Leonard Weeks,
Nathaniel Drake,
John Hunking, Richard Joses,
Jane Joses,
Jethro Furber,
John Fletcher,
Edward Ball,
Richard Martyn,
Thomas Cotton, Daniel Duggen,
Ph. Sueret,
Richard Waldron,
Francis Jones,
Ben. Hull,
John Partridge,
John Cutt,
Robert Purinton,
William Vaughan,
Nehemiah Yartridge,
George Jaffreys,
Jotham Lewis,
John Pickering, John Buister.
The like petition from the towne of Dover, signed by
Job Clements,
Charles Adams,
Edward Allen,
Gerard Gyner,
William Furber senior,
Jenkins Jones,
Henry Santer,
Joseph Canne,
Richard Rowes,
Richard Waldron,
Anthony Nutter,
John Winget,
John Dam,
John Gerish,
William Furber junior,
William Wentworth,
John Nutter,
John Roberts,
Thomas Row,
John Hall, jun.
Edward Row,
Robert Burnum,
John Meadow,
Saml. Burnum,
Philip Chesley,
Jeremiah Burnum,
Joseph Stevenson,
Samuel Hill,
Thomas Chesley,
Ralph Wormley,
Joseph Hinneder,
William Horn,
Stephen Jones,
Peter Mason,
Edward Small,
John Woodman senior,
Nathanael
John Woodman junior,
James Hucking,
Jonathan Woodman,
Catharias Jerlld,
John Davis senior,
Ezekiel Wentworth,
John Davis junior,
Joseph Fields,
Sam. Adams,
John Bickford,
William Parkinson,
Thomas Bickford,
Thomas Edgerly,
John Hill,
Joseph Hill, Nathan. Hill, John Roberts.
[from a copy in the hands of the honourable president Weare.]
No. XXIX.
The deposition of Peter Coffin, esq. one of his majesty's justices of the peace for New-Hampshire, being sworn, saith, HAT sometime in the beginning of February, A. D. 1682, I the de- T ponent was present at the house of Mr. John Hincks in company
John Dam junior,
John Heard,
Thomas Roberts,
Paul Wentworth,
Anthony Brackett,
326
APPENDIX.
with the hon. Edw. Cranfield, esj. governor of this province, where I heard the said governor send for Mr. William Vaughan, and when the said Vaughan came the governor enquired of him what affidavits those were he had that day desired to be taken. The said Vaughan answered, those that concerned his cause against Mr. Mason. The governor asked him who they were, he answered, if he might have summons he would bring thein before his honour to be sworn ; and then the governor brake out into a passion and told him, the said Vaughan, that he was a mutinous, fellow, and asked him what he went lately to Boston for ; the said Vaughan answered he went about his business. Then the governor said he went to carry a mutinous petition to be sent to England by Weare, and asked him what vessel Weare went in ; Mr. Vaughan answered that he left Weare in Boston. Then the governor said, that by the next ships after Weare was got to England and had presented his petition, he should have an account of the persons names that subscribed it returned to him, and that it would be the best hawl he ever had, for it would be worth £100 a man. The governor further said, that the said Vaughan was a mutinous fellow, and required of him bonds to the good behaviour ; Mr. Vaughan answered he knew none of the king's laws he had broken, but if he could be informed of his crime he was ready to give bonds. And that in the whole. discourse Mr. Vaughan demeaned himself with a great deal of moderation and submission. Notwithstanding which the governor com- manded a mittimus to be writ and signed the same with his own hand, whereupon the said Vaughan was forthwith committed to prison.
$
PETER COFFIN.
Peter Coffin, esq. the above nained deponent, appearing in the town of Kittery in the province of Maine this 27th of January 1684-5, made oath to the above written, before me,
CHARLES FROST, Just. of Peace.
No. XXX.
The warrant and mittimus whereby William Vaughan, Eaq. was committed to prison. -
New-Hampshire.
To James Sherlock, gent. sherif and provost marshal of the said province, or his deputy.
N his majesty's name you are hereby required to take and apprehend the body of Wiliam Vaughan, of Portsmouth, Esq. and carry him to the prison of Great Island ; And Richard Abbot the prison keeper there- of, is hereby required to receive the said Vaughan into said prison and there keep him in Safe custody till he shall give good security to our sover. lord the king his heirs and successors for his the said Vaughan's good be- haviour towards the same our sover. lord the king, he having refused to find security for his said good behaviour the sixth day of February 1683. Given under my hand and seal the said sixth day of February 1683.
EDWARD CRANFIELD, (L. S.) [The two preceding papers are in the recorder's office.]
No. XXXI.
A letter from William Vaughan, Esq. containing a journal of transactions during his imprisonment, S'c. to Nathaniel Weare, Esq. agent in London.
.
327
APPENDIX.
.
Mr. Nathaniel Wire,
SIR, Portsmouth, 4th Feb. 1683.
HRHESE serves to give covert to the inclosed which ware unhappily J mislaid, and so brought to Portsmouth insted of beinge carried by you to London though on the other hand you carried many papers for London which ought to have been at Portsmouth. There were severall papers in the bondle which ware very impertinente unto your business, and the transportinge of them very prejudicyall to som here, your especy- all care about them is expected, yet may be safely returned with you if not transmitted by you before your returne. Wee are now a doinge a- boute getinge evidenses sworne, which you shall have a further account by the firste, though retarded much by havinge no copies of them as wee expected. Sinse your departure much ado have been made, many execu- cyons extended, viz. upon Mrs. Cutt, Daniele, myself, Mr. Fletcher, Moo- dy, Hunkins, Earle, Pickeringes, Booth, &c. I went to prison but was redeemed with money, severall dores were broken open by Matthews the marshall's deputy, chestes also and trunks and carried out of the houses till redeemed with money. John Partridge and Win. Cotten are in prison and have been sundry daics. No pay (as fish, sheep, horses, &c.) would be taken for their executyons, so there bodyes ware levied upon and there they lye. Onr menister for refusinge to admenester the sacrament to the governor is bound over to the quarter sessions to sit to morrow, the issh- ew wee know not but six months imprisonment thretned. Your wife and famele well. Grete bluster at Hamton about the petityon, som weeke- linges ware whegled into a confession and they discovered the persones that carried the petityon, who ware by justis G. & R. bound over to the quarter sessions, but last Satterday night (on what ground know not) Mr. Greene burnte there bonds and only tould them they muste appere when cold for. Charles Hilton is lately ded. As other news arrives shall hand it to you by all occatyones and doe you the like by us.
5th. Quarter sessions are come, and there Capt Barefoote, Mr. Fryer, Coffin, Greene, Roby, Edgerly, were justices, Raines was attorny. It was brought in as a plea of the crowne. Mr. Moody pleaded his not beinge ordained, having no maintenanse according to statute and therefore not obliged to that worke which the statute required. Besides these statutes were not made for these plases, the knowne end of there removal hither beinge that they might enjoye liberty in these forrin plantatyones which these could not have by vertew of the statutes at home, and ware allowed to have here, especyally our comityon grantinge liberty of contyense. These things ware pleded, but to no purpose, after a shorte pleding and that not withoute many interoptyones and smiles by the pragmatticke, bu- sey impertenente atturny, he was condited to the marshall, (viz. Longe Matthews) and held in custody that night tho' permitted to lodge at Capt. Stileman's. The justises debated a littell, foure of them entered there de- sente, viz. Mr. Fryer, Greene, Roby, Edgerly, but Capt. Barefoote and Coffin ware for his condemnatyon. Judgment of the case, every man's was entered by the secretary over night, but being deferred till nexte morninge informatyon was given to somebody who came in and thretned and hectored after such a rate that Green and Roby also consented as you see by the inclosed, and hee was comited to prison. Petyon was by hint made to the courte, and afterward to the governor, that hee might step up at nighte to his famely and settel matters there, and that he might not
328
APPENDIX.
goe into the dismall plase the common prisson. The court could not, the governor would not of firste, tho' in fine gave leave to the marshall to drop him at Capt. Stileman's, where he is confined to his chamber, tho' not without leave to goe down staires or into the bakeside, and this was ' done 6th instante. At night I having moved for the takinge of cvedenses, which was in words owned, wente to the secretary for summones, intend- inge to begin with Lift Haull and Thomas Wiggones, hec refused to give summones but first (I suppose) muste informe somebody, I was sent for by the marshall, huffed and hectored strangely, thretned, &c. in fine, muste give bonds to the good behaviour ; I refused thereupon he made and signed my mittymos to the prisson, though by the way, I knowe not how, was also droped at and confined to Mr. Moody's chamber, where wee have bin this two nights very chareful together.
- Poore Wadlow who was left to the governor's mercy is com oute upon security for forty pounds money, and your Gove for a like some, only Wm Partridge is to doe it in worke, building and fensing, &c. The actyons goe on and are turned of hand apase, twelve at & clapp, after the ould man- ner. Roby though a justis is still of the jury. A new tricke is on foote, severall of us that ware executed upon and paid our mony the firste sute, are sued againe for illegal witholdinge possession, tho' the marshall (who was by executyon required to give possession never came to demand it ;) the issue of which wee know not, matters being yet dependinge.
9th. The prisoners Vaughan and Mr. Moody ware fetched out of pris- son to plede there casses at the courte. Mrs. Cutt, Daniell, Jolm Par- tridge and myself and Mr. Moody were sucd and all caste, but the laste who had somethinge particularly to saye, and soe he caste Mr. Mason though wee thought wee all said enoufe to caste him, viz. that hee had an executyon for the land sued for, and when he levied his executyon mighte have taken the land also, with many other things (enoufe of wee thought) to have turned the case against him before anny indiferente judges and jurors, but thus wee are tretted.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.