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 26
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A discourse with the governor aboute my imprisonment, May.
84. [Subjoined to the foregoing letter. ]
A T a sessiones held the 6th May, 1684. I was denied counsell, and to
have witnesses sworne. Mr. Waldron, Capt. Stileman and Capt. Froste were presented.
10th. The governor was with mee in prisson. Mr. Chamberlin, Mr. Hinkes and Mr. Sherloake with him.
L
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APPENDIX.
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The governor profferred mee (that whereas I was fined by the justises ih Thurton's case, that I might think they had not done mee rite) that I would prosecute it (giveinge security soe to doe,) in the kings benche at Westminster, the exchequer, or before kinge and comsell, I should ; though by his comityon hee could not doe it. My anser was, unles I could have securety given mee that in case I should recover, I might hav my charge and damidge made me good, it would be of no benefit to me. He saide there was no reson for that, becase it was for the kinge ; though it was his becase Mr. Masson had resind up to the kinge all fines and for- fitures and the king had given it to him. But he said if I would deposite a valuable som hee would doe the like and would give bond, and have it tried as abovesaid. My answer was I thoughte the forty pounds was enofe and that I expected executyon would com oute at the time, and should en- devour by the time to provide enofe for it, but withal tould the governor it was at his liberty to remit it if he pleased by virtue of his comityou.
Allso for my beinge in prisson for not giveinge bond for my good be- haviour, when the sessiones came I was not brought to my triall for that, but remanded to prisson again.
At ditto time the governor tould mce hee had put mee in prisson on that account, and hee would abide by it till I would give two hundred pound bound. My anser was I had rather ly in prisson then give bond to tempt such a fellow as T'nurton, (or such others) that had sworne against me alredy, and falsly, and judged it might be no scruple to him to doe the like againe. And withal told him that if his honner plesed to let me out of prisson, I would ingaidge myself by bond to live oute of the provinsc, though that would be very detrementall to my conserns and by that I ho- ped he would have no thoughts of my misbehaveinge myselfe, that would be detrementall to the kinges govermente here or himself. Not that I scrupled giveinge bond for my good behaviour, though not accused for anny thinge but for layinge a temptatyon to some base minded person or persons to foresware themselves, as one had done before in another cuse relateinge to me.
May 12. Was informed that whereas Thurton had a comityon to be prisson keeper, (and withal had vapored and said the prisson was to good for Vaughan, and the roome that hee had fited up did intende to keepe it himself and that V. should take his quarters where hec would as- signe it, and that the prisoners should not be waited on as Abbot had donc, for hec would keep them locked up, only com morninge and eveninge) loste his poaket booke wherein was his comityon and sundry papors of consernment.
N. B. The original of this letter and journal is in the hands of the Hon. President Weare.
Nº. XXXII.
Copy of a letter from the governor and council to the lords of trade.
[Council Records. ] Province of New-Hampshire, May 23, 1684.
May it please your lordships,
INCE Robert Waldy is returned from England having lately had an appeal dismissed by the council board, by taking advantage of Mr. Randolph's absence, who was atturney for the parties, he hath put the people of this province into such a ferment and disorder that it is not possible to put his majestys commands in execucon or any
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ways govern them. And tho' notwithstanding in obedience to your lord- ships commands, we have called an assembly (a copy of the proclamation for that purpose being herein inclosed) we cannot think it prudent or sale to let them sit ; they being of the same ill humor or worse as when Gove went into arms, his design being hatch'd at the time the assembly sate. And it looks more like a design, they having those four constabies into the assembly that the kings peace may not be preserved (the whole number of the assembly being eleven :) This Wadly being formerly an assembly man and hath three sons condemned in Gove's rebellion (and himself now chosen again) the oklest of them I have pardoned, one of them is dead and the other I keep in prison til I receive your lordsnip's further order. All the other offenders being pardoned. Major Waldirons son is con- stantly of the assembly and speaker (this being the third that hath been called) I wish his majesties clemency do not cause some great mischief to be done here. They have never given Two PENCE* to the support of the government and that very rate that was made in the time of president Cntt and Waldron we have according to his majesties royal commission continued ; but do not think it safe to publish it, unlesse we had strength to countenance our proceedings. This we conceived our duty to inform your lordships, and are,
Mav it please your lordships,
Your most hmmble and most obedient servants,
The appllants claim by gran.
EDW. CRANFIELD,
from Mr. Mason ; and as for
R. Br. MASON,
Wadley be bath been these
WALT. BAREFOOT,
sixteen days in the connticy.
R. CHAMBERLAIN,
and tho' I have heard much of
him, I have not yet seen him.
JOHN HINKS, JAMES SHERLOCK.
To the right honbie. the lords of the committee
of trade and plantacon, at Whitehall.
Nº. XXXIII.
Copy of a letter from Cranfield to Sir Leoline Jenkins of the same datt .- May it please your honour, ( Council records.)
E humbly beg after your honor hath perused this letter to the lords of the council, you would be pleased to lay it before their Jordships and desire their lordships to come to some speedy resolution ; for it is no longer in my power to promote the honour and interest of his majesty here, without a smail fregate to second his majesty's broad seal and other his royal commands. As to the pirates your honour may be assur- ed that myself and the council will punish them according to their de- merits, if they shall at any time happen to come within this jurisdiction ; and carefully obey all other commands which shall be sent unto,
May it please your honour, your honour's most humble and most obe- dient servant, EDW. CRANFIELD.
I most humbly beseech your honour by the first opportunity, to send the king's letter to give me liberty to go off to Jamaica or Barbadoes for
* The first assembly voted two hundred pounds to the governor, but it is not certain that he accepted it though he consented to the act.
TT
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my health ; finding so great a weakness in my legs, which indisposition hath bin contracted y the severity of the cold.
To the Right Ho: ourable Sir Lcoline Jenkins one of his majesty's - principal secretaries oi tuite at Whitehall.
[The two preceding hafers are in the council minutes 2d Book. ]
No. XXXIV. Copy of Mr. Weare's first complaint against Cranfield.
To the king's most excellent majesty and the lords of his most honour. able privy councill.
T THE humble representation of Nathanael Weare, inhabitant and planter in your majesty's province of New-Hampshire in New- England in America, on behalf of huoself and other your majesty's loyal subjects, inhabitants and planters there, whose names are subscribed to the four annexed petitions, as follows :
1. That the hon. Edward Cranfield, Esq. your majesty's governor of the said province, upon his first entrance on that government, in order to the enlargement of his power as governor there beyond the just bounds and limits your majesty was by your royal commission pleased to sett him, and to engross the whole power of erecting comts, with all necessa- ry fees, powers and authorityes thereto into His owne hands, exclusive of the general assembly there. The said Mr. Cranfield at the first general assembly there when the words of his commission ranne, " And we do hereby give and grant unto you full power and authority to "erect or constitute and establish such and soe many courts of judicature " and publique justice within the said province and i lantacon within your " government, as you and they shall think fit and necessary for the hear- "ing and determining of all causes, as well criminall as civili, according " to law and equity, and for awarding execucon thereupon with all rea- " sonable and necessary powers, authorityes, fees and priviledges belong- "ing unto them," caused his commission to be entred in the councill bookes there and delivered a copy thereof to the general assembly with- out. the words [and they ], affirming those words to have been put in by mistake of the clerk in engrossing the commission ; whereby the said Mr. Cranfield has enhanced the fees upon tryals there to his own advan- tage, as will appeare in one of the articles following.
2. Although your majesty has been graciously pleased by your said commission to interpose between the inhabitants of the said collony and Mr. Robt. Mason, pretended proprietor thereof, and to direct,
' That on non-agreement between those inhabitants and Mr. Mason, the said Mr. Cranfield should interpose, who if he could not end the dif- ferences between, was by the said commission directed to transmit to England such cases impartially stated, with his opinion and reasons on the same, that your majesty with advice of your privy councill might heare and determine the same.' That nevertheless the said Mr. Cran- field, instead of keeping himself indifferent between the contending par- ties, Mr. Mason and the said inhabitants, hath by purchase or mortgage from Mr. Mason made himself owner of the province : And the better to come by what he hath soe purchased, he hath under colour of the au- thority of your majesty's commission made courts, whe cof both judgeş and jurors have agreed with Mason for their own lands, and some of them have taken grants from Mason of other mens lands. That never-
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theless this jury is continued from month to month and kept for this service.
That Mr. Mason has cast forty persons on suit by that jury, the court rejecting all pleas and though the verdict be given for Mr. Mason ac- cording to your majesty's royal commission (which directs as before ) and the judgment entered accordingly, yet upon the execucon the inhabitants are turned out of their lands and houses, as it hath fared with Wm. Vaugh in and others and deprived of all subsistance.
3. That the charge of every action is raised from 20s. to 61. which is exacted in mioney, and though goods tendered (as usual) the persons are imprisoned for want of money in kind, and Mr. Cranfield himself takes - of the 61.
4. ilit the said Mr. Cranfield under colour of trying actions, has by setting the fees soe extraordinary, forced severall to quitt their claimes for want of money to carry on the. suite.
5. That the said governor taking upon himself the power of priceing money not entrusted with him by his commission, hath against the agreement of the general assembly, by advice of his councill, ordered pieces of eight however wanting in their weight to pass for 6 shillings.
6. Thit the said governor, without good and lawful cause, hath taken upon him to commit several men to prison, particularly Wm. Vaughan, until bonds given for their appearances and good behaviour, when noth- ing further objected to them.
7. That the said governor and his council took upon them to make laws and put them in execucon without the general assembly.
8 That to prove the articles above against Mr. Cranfield, the com- plainants have successiessy endeavoured to procure warrants or sum- mions from the secretary to sumon their witnesses to be sworne (which cannot otherwise be soe) the seeking of such summons has occasioned being bound to the good behaviour, soe as the complaining of a wrong done one does, under Mr. Cranfield's management, but draw a new pun- ishment on the afflicted, but noe manner of redress.
Ant which the said Nath. Weare humbly lays at your majesty's feet, impforeing your majesty's present heareing what your petitioner is able to make out of the premises, and ordering some commission to examine the truth of the residue of the said allegacons (since your majesty's gov- ernor on the place will not admit of such evidence. ) That on the return thereof your majesty's subjects in that province may find such releite as to your princely wisdom shall seeme meete.
And that in the mean time Mr. Cranfield be admonished not to exceed the bounds of his commission.
And your petitioner shall ever pray, &c.
No. XXXV. Att the court at Hampton court, This 11th day of July, 1684.
By the king's most excellent majesty and the lords of his majesty's most honourable privy councell.
U PON reading this day at the board the peticon and complaint of Na- thaniel Weare, inhabitant and planter in his majesty's province of New-Hampshire in New-England in America, in behalfe of himselfe and others his majesty's loyal subjects and inhabitants and planters there,
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whose names are subscribed to the fower peticons thereto annext against Edward Cranfield esq. his majesty's governor thereci ;
. His majesty was pleased to order that the said peticon and complaint be, and they are hereby referred to the right honourable the lords com- · mittees of this board for trade and foreigne plantacons, who are to con- sider thereof and to report to his majesty att this board their opinion thereupon, and then his majesty will declare his further pleasure.
Philip Lloyd.
A true coppie.
[ The two preceding papers are in the hands of the Hon. President Weare.]
No. XXXVI. Letter from the lords of trade to Governor Cranfield.
FTER our hearty commendations to you His majesty having re- ceived the petitions and complaints of divers of his subjects in- habitence and planters of New-Hampsluer against you for cerune irreg- uler procedinges alleged by them to bee had by you in the execuu x. of your commission and administration of justice : and it being ordered in councell that the said petitions and complaints bee examined and concid- ered by us that wee may report to his majesty our opinions, to the end his majesty's further pleasuer may be signified thereupon. Wec have there- fore herwith sent unto you copies of the said petitions and representations that you may return your particular answer thereunto with all speed, and that wee may the better distinguish the truth of what is aleaged or com- plained of, and of such defence as you shall be able to make. Wee doe think fitt that all persons whatsoever, have free libertye to depose upon oath. what they know, and to take copies of all records in these or any other cases relatinge to yourselfe, or the saide province, and that the said depositions bee taken in writinge by any member of the councell or jus- tice of the peace in that collony, whome you are duly to authorize there- unto, and as we cannot beleve that you will put any restriction or dis- couragement whatsoever upon the takinge and transmittinge of all neces- sary proofs and records, attested by the proper officers for the clearinge of truth in the matters complained of, soe we thinke it requisite that copies of all affidaves bee interchangeably delivered, to each party concerned as soon as they shall be taken, and so not doubtinge of your complyance herein wee bid you heartily farewell.
From the councell chamber in Whitehall this 23d day of July 1684. Your very loving friends Radnor. Guilford. C. S. Halifax, C. P. S. Craven. Rochester. Ernle. Godolphin.
L. Jenkins.
To our very lovinge friend Edward Cranfield esq. lieutenant govenra and commander in chief of his majesty's province of New-framipshier in New-England. A true copy, William Blathwayt.
[ This paper is in the council minutes 2d book.] No. XXXVII. At the court ar Whitehall the 8th of April, 1685.
By the king's most excellent majesty and the lords of his majesty's most honourabie privy councill.
U PON reading a report from the right honourable the lords of the committee of trade and plantacons in the words following :
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May it please your majesty,
Having received an order in council dated the 11th of July last, upon the petition and complaint of Nathanel Weare, inhabitant of your majesty's province of New-Hampshire in New-England, in the behalf of hinsede and others your majesty's subjects and planters there, against Edward Cranfield, Esq. your majesty's governor of that province, whereby wee were directed to repo t our opinions upon the said complaint. Wee oid accordingly transmit a copy thereof to the said Edward Cranfield, and upon receiving his answer, & hearing what the complainants could alleage and make out against hint ; Wee find that the said Edward Cranfield has not pursued his instructions in reference to the propriety of soile which Robert Mason, Esq. claimes in that province, inasmuch as the said Edward Cranfield by his instructions is directed that in case the in- habitants of New-Hampshire should refuse to agree with the sand Mason, he should interpose and endeavour to reconcile all differences, which if he could not bring to effect he was then to send into England such cases fairly and impartially stated, together with his opinion, for your majesties determinacon ; whereas instead thereof he has caused courts to be held in New-Hampshire, and permitted tines of land to be decided there, and unreasonable costs to be allow'd, without first representing the particular cases to your inajastie. As to the complaint of his having raised the value of coins against the laws of the assembly there, wee are most humbly of opinion that although it be your majesty's undoubted preroga- tive to set and determine the price and value of coynes within your do- minions, yet your majesty's governor ought not to have made aby altera- tions therein without having received your majesty's special directions. All which wee humbly propose may be signified to him by your majes- ty's order, and that the differences depending between the said Robert Mason and planters in that part of New-Hampshire may be at length de- cided. Wee further offer that William Vaughan, one of the complaynants attending this board, may have opportunity allowed him of appealing to your majestic within a fortnight from all verdicts and judgments given in New-Hampshire in his private case, upon hearing whereof and by the relation it has with others your majesty will be best able to judge of the right and title of the said Robert Mason to that part of the province of New-Hampshire aforesaid, and upon bringing the said appeale that all proceedings at law relating to the said titte may forthwith cease until your majesty's further pleasure be knowne.
All which is nevertheless most humbly submitted.
ROCHESTER, ARLINGTON, OXFORD,
HALIFAX, P. CLARENDEN, C. P. S. BEAUFORT,
CHESTERFIELD.
Council Chamber, 27 March, 1685.
HIS majestie in councill was graciously pleased to approve of the said report, and to order that his majesty's picasure therein be signified to Mr. Cranfield accordingly. It was alsoe ordered that Mr. William Vaughan be allowed to appeale to his majestie within a fortnight from all verdicts and judgments given in his private care in New-Hampshire, according to the said report. A truc copy,
WM. BRIDGEMAN:
[ The preceding paper is in the hands of the hon. presid. Weare.]
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APPENDIX.
No. XXXVIII.
A FTER our hearty comendations unto you, we have in obedience te his majesty's commands, received and examined your answer to the complaint of Nathaniel Weare, inhabitant of his said province of New-Hampshire, in behalfe of himselfe and others his majesty subjects and planters there, and having likewise heard what the said Wear could bring in evidence of the said complaints, and thereupon reported our opinions to his majesty, Wee are comanded hereby to signifie unto you, that you have not pursued your instructions in reference to the propriety of the soyle which Robert Mason, Esq. claymes in the province of New- Hampshire, inasmuch as you were directed that in case the inhabitants of New-Hampshire should refuse to agree with the said Mason you should interpose, and endeavour to reconcile all differences, which if you could not bring to effect, you were then to send to his majesty such cases maire- ly and imparually stated, together with your opinion, for his majesty's uc- termination ; in stead whereof you have caused courts to be held in New-Hampshire, and permitted titles of land to be decided there, and unreasonable costs to be allowed, without first representing the j.erticu- ler cases to his majesty. And yet although it be his majesty's undoubt- ed prerogative to set and determine the price and vallew of coyne with in his majesty's dominions, you have not done well in directing any aster- ations therein without his majesty's special order : In both which you have been wanting in your duty to his majesty. But that the chicle oce casion of dispute that province may be removed, we are further directed to acquint you that as to the differences depending between the said Robt. Mason and the planters, his majesty hath been graciousty pleased by his order in councill. dat. the 8th of this instant April, to permit Wil- liam Vanghan, one of the complainants attending this board, to appeale to his majesty with in a fortnight from the date of the said order from all the verdicts and judgements given in New-Hampshire in his private case, upon hearing whereof, and by the reiation it has with others, his majesty will be best able to judge of the right and title of the said Robt. Mason to that part of the province of New-Hampshire : And his majesty doth likewise thinke fit that upon bringing the said appeare by the said William Vaughan, all proceedings at law relating to the said title doe forth with cease until his majesty's pleasure be known. Where- of you are to take notice and to govern your selfe accordingly. And so we bid you very heartily farewell. From the councill chamber at Whitehall, the 29th day of April, 1685. Your loving friends,
(Signed) W. Cant.
Bridgwater,
Guilford, C. S.
Chesterfield,
Rochester,
Sunderland,
Halifax, P.
Craven,
Ciarindine, C. P. S. Beaufort,
Aylesbery,
Midieton,
Lindshy,
Godolphan,
J. Ernie,
Arlington, Hunington, Geo. Jaffreys
Directed to our loving friend Edw. Cranfield, Esq. lieut. governor and commander in chief of his majesty's province of New-Hampshire in N. England.
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No. XXXIX.
FTER our hearty commendation : His majesty hath received the petition and appeale of Wm. Vaughan, inhabitamt of New-Hamp. shire, from several verdicts and judgments given against him in that province, which being refered to us by his majesty's order in councill of the 20th of April last, that we should examine the allegations thereof, and make report of the same. with our opinion thereupon, wee have ac- cordingly appointed to heare all parties concerned in the severall cases therein contained, on the first Tuesday after micsummer day which shall be in the year 1686 : To which end we herewith send you a coppie of the said petition and appeale, which you are to communicate unto Robt. Mason, esq and to all others whome it may concern, who are to take notice thereof, and to give their attendance at that time either by them- selves or by their agents sufficiently impowered by them, to answer the said appeaie, and to submit to such judgment hereupon as his majesty in council shall be thought fitt. And you are likewise to permit all per- sens to have free accesse to, and take copies of all records with in that province relating to the matters in dispute, and to depose upon oath what they know concerning the same, which depositions are to be taken in writing by any of the members of the councill or justices of the peace in that province, without any hinderance or di-couragement whatsoever, in order to be transmitted unto us, for the clearing of truth in that appeale. And so we bid you heartily farewell. From the councill chamber in Whitchall, the 22d day of May 1685. Your loving friends,
Guilford, C. S. Rochester,
Halifax, Pr. Clarindine, C. P. S. Sunderland.
Ormond,
Lieut. gov. of New-Hampshire, or com- r
mander in chiefe for the time being.
[The two preceding papiers are in the possession of John Penhallow. osquire.
No. XL.
To the king's most excellent inajesty.
The humble petition and address of your majesty's dutiful and loyal sub- jects inhabiting in the province of New-Hampshire in New-England. [1685.]
Most humbly sheweth,
WHAT your majesty's loyal subjects of this province, had for more than fifty yeares been peaceably possessed of the lands lately challenged by Mr. Mason, and having found the same an utter desert and forest land, with excessive cost and hard labour reduced the same to a tollerable support of our selves and familyes and lately maintained the same with a vast expence of our estates and lives against the incursions of a barbarous enemy who had otherwise reduced the same to utter con- fusion.
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