USA > New Hampshire > The history of New Hampshire, Volume I > Part 11
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186
HISTORY OF
I682. L poverifhed, their houfes and eftates being deftroyed, and they and others remaining ftill fo incapacitated for the improvement of the land, (feveral of the youth being killed alfo) that they even groan under the tax or rate, affeffed for that fervice, which is, great part of it, unpaid to this day *.
" There is at the Great Ifland in Portf- mouth, at the harbour's mouth, a fort well enough fituated, but for the prefent too weak and infufficient for the defence of the place ; the guns being eleven in number are fmall, none exceeding a facre [fix pounder ] nor above twenty one hund- red weight, and the people too poor to make defence fuitable to the occafion that may happen for the fort.
" Thele guns were brought, and the fortification erected, at the proper charge of the towns of Dover and Portfmouth, at the begining of the firft Dutch war, about the year 1665, in obedience to his majefty's
* Taxes were commonly paid in lumber or provifions at flated prices ; and whoever paid them in money was abated one third part. The prices in 1680, were as follows.
Merchantable white pine boards per m 30f.
White Oak pipe ftaves per ditto - 3f. Red Oak ditto per ditto 30f Red Oak Hhd. ditto per ditto 255.
Indian Corn per bufhel 3.
Wheat per ditto 55. Malt per ditto
N. B. Silver was Of. and 3d. per oz. 4%.
NEWHAMPSHIRE.
majefty's command in his letter to the go- vernment under which this province then was.
" There are five guns more lying at the upper part of Portfmouth, purchafed by private perfons, for their fecurity and defence againft the Indians in the late war with them, and whereof the owners may difpofe at their pleafure. To fupply the forefaid defect and weaknefs of the guns and fort, wehumbly fupplicate his majefty to fend us fuch guns as fhall' be more fer- viceable, with powder and. fhot."
By an account of the entries in the port annexed to the above, it appears, that from the fifteenth of June 1680, to the twelfth of April 1681, were entered, twenty two fhips, eighteen ketches, two barks, three pinks, one fhallop and one fly-boat ; in all forty feven.
187
1682.
Council Records.
CHAP.
188
HISTORY OF
CHA P. VIII.
The administration of Cranfield. Violent measures. Infurrection, trial and impri- fonment of Gove, Mafon's fuits. Vaugh- an's imprifonment. Profecution of Moo-
dy and his imprifonment. Arbitrary
proceedings. Complaints. Tumults. Weare's agency in England. Cranfield's removal. Barefoot's administration.
E XPERIENCE having now con- vinced Mafon, that the government which he had procured to be erected, was not likely to be adminiftered in a manner favourable to his views, he made it his bufinefs, on his return to England, to fo- licit a change ; in confequence of which it was determined to commiffion Edward Cranfield, efq. lieutenant-governor and commander in chief of New-Hampfhire. By a deed enrolled in the court of chan- cery, Mafon furrendered to the king one fifth part of the quit-rents, which had or should become due : Thefe with the fines and forfeitures which had accrued to the crown fince the eftablifhment of the pro- vince, and which fhould afterwards arife, were appropriated to the fupport of the governor.
1682.
Im. 25,
189
NEW HAMPSHIRE.
governor. But this being deemed too precarious a foundation, Mafon by ano- ther deed mortgaged the whole province to Cranfield, for twenty-one years, as fe- curity for the payment of one hundred and fifty pounds per annum, for the fpace of feven years. On this encouragement Cranfield relinquifhed a profitable office at home, with the view of bettering his fortune here.
By the commiffion, which bears date the ninth of May, the governor was im- powered to call, adjourn, prorogue and diffolve general courts ; to have a nega- tive voice in all acts of government ; to fufpend any of the council when he fhould fee juft caufe (and every counfellor fo fuf- pended was declared incapable of being elected into the general affembly ;) to ap- point a deputy-governor, judges, juftices, and other officers, by his fole authority ; and to execute the powers of vice-admiral. The cafe of Mafon was recited nearly in the fame words as in the former commif- fion, and the fame directions were given to the governor to reconcile differences, or fend cafes fairly ftated to the king in council, for his decifion. The councellors named in this commiffion were Mafon, who is fty led proprietor, Wallron, Daniel, Vaughan,
1682.
MS in the les,
Fitch's MS.
190
HISTORY OF
1682. Vaughan, Martyn, Gilman, Stileman and Clements : Thefe were of the former council, and to them were added Walter Barefoote and Richard Chamberlaync.
Council Records.
Cranfield arrived and published his com- miffion on the fourth of October, and within fix days Waldron and Martyn were fufpended from the council, on certain ar- ticles exhibited againft them by Mafon. This early fpecimen of the exercife of power muft have been intended as a pub- lic affront to them, in revenge for their former fpirited conduct ; otherwife their names might have been left out of the commiffion when it was drawn.
The people now plainly faw the dan- gerous defigns formed againft them. The negative voice of a governor, his right of fufpending countellors, and appointing officers by his own authority, were wholly unprecedented in New-England ; and they had the fingular mortification to fee the crown not only appointing two branches of their legiflature, but claiming a nega- tive on the election of their representatives, in a particular cafe, which might fome- times be effentially neceffary to their own fecurity. They well knew that the fole defign of thefe novel and extraordinary powers was to facilitate the entry of the claimant
191
NEW HAMPSHIRE.
claimant on the lands which fome of them held by virtue of grants from the fame authority, and which had all been fairly purchafed of the Indians ; a right which they believed to be of more validity than any other. Having by their own labour and expenfe fubdued a rough wildernefs, defended their families and eftates againft the favage enemy, without the leaft affift- ance from the claimant, and held pof- feffion for above fifty years ; they now thought it hard and cruel, that when they had juft recovered from the horrors of a bloody war, they fhould have their liberty abridged, and their property demanded, to fatisfy a claim which was at beft difputable and in their opinion groundlefs. On the other hand it was deemed unjuft, that grants made under the royal authority fhould be difregarded ; and that fo great a fum as had been expended by the ancef- tor of the claimant, to promote the fettle- ment of the country, fhould be entirely loft to him ; efpecially as he had foregone fome juft claims on the eftate as a condi- tion of inheritance. Had the inhabitants by any fraudulent means impeded the de- figns of the original grantee, or embezzled his intereft, there might have been a juft demand for damages ; but the unfuccefs- fulnefs
1682. 4 ---
Mafon's Will.
192
HISTORY OF
1682. L
- fulnefs of that adventure was to be fought for in its own impracticability ; or the negligence, inability or inexperience of thofe into whofe hands the management of it fell after Captain Mafon's death, and during the minority of his fucceffor.
MS Laws.
An affembly, being fummoned, met on the fourteenth of November ; with whofe concurrence a new body of laws was enacted, in fome refpects different from the former ; the fundamental law being omitted and an alteration made in the appointment of jurors, which was now ordered to be done by the fheriff, after the cuftom in England.
Vaughan's Journal.
Council Rec.
Cranfield, who made no fecret of his in- tention to enrich himfelf by accepting the government, on the firft day of the affem- bly reftored Waldron and Martyn to their places in the council ; having, as he faid, examined the allegations againft them and found them infufficient. In return for this thew of complaisance, and taking advan- tage of his needy fituation, the affembly having ordered an affeffment of five hun- dred pounds, appropriated one half of it as a prefent to the governor ; hoping here- by to detach him from Mafon, who they knew could never comply with his en- gagements to him. Prefering a certainty
to
193
NEW-HAMPSHIRE.
to at uncertainty, he paffed the bill, though i: was not prefented to him till after he had given order for adjourning the court, and after Mafon, Barefoote and Chamber- layne were withdrawn from the council.
This appearance of good humour was but fhort-lived ; for at the next feffion of the affembly, the governor and council having tendered them a bill for the fup- port of government, which they did not approve, and they having offered him fe- veral bills which he faid were contrary to law, he diffolved them ; having previoufly fufpended Stileman from the council and difmiffed him from the command of the fort; for fuffering a veffel under feizure to go out of the harbour. Barefoote was made captain of the fort in his room.
The diffolution of the Affembly, a thing before unknown, aggravated the popular difcontent, and kindled the refentment of fome rafh perfons in Hampton and Exe- ter; who, headed by Edward Gove, a member of the diffolved affembly, declar- ed by found of trumpet for " liberty and " reformation." There had been a town meeting at Hampton, when a new clerk waschofenand theirrecords fecured. Gove went fromtown to town proclaiming what had been done at Hampton, carrying his arms,
1682. D.cemb. I. MSS in the Files.
1683. Jan. 20.
Counc .: R.ec.
194
HISTORY OF
1683. arms, declaring that the governor was a traitor and had exceeded his commiffion, and that he would not lay down his arms till matters were fet right, and endeavour- ing to excite the principal men in the prov- ince to join in a confederacy to overturn the government. His project appeared to them fo wild and dangerous, that they not only difapproved it, but informed a- gainft him and affifted in apprehending him. Hearing of their defign he collect- ed his company, and appeared in arms ; but on the perfuafion of fome of his friends he furrendered. A fpecial court was im- mediately commiffioned for his trial, of which Major Waldron fat as judge, with William Vaughan and Thomas Daniel affiftants. The grand jury prefented a bill in which Edward Gove, John Gove, his fon, and William Hely, of Hampton ; Jofeph, John and Robert Wadleigh, three brothers, Thomas Rawlins, Mark Baker and John Sleeper, of Exeter, were charg- ed with high-treafon. Gove, who behav- ed with great infolence before the court, and pretended to juftify what he had done, was convicted and received fentence of death in the ufual hideous form ; and his eftaté was feized, as forfeited to the crown. The others were convicted of being ac- complices,
Feb. Y.
Pecords of Special Courts.
195
NEW-HAMPSHIRE.
complices, and refpited. The king's pleafure being fignified to the governor that he fhould pardon fuch as he judged objects of mercy ; they were all fet at lib- erty but Gove, who was fent to England, and imprifoned in the tower of London about three years. On his repeated peti- tions to the king, and by the intereft of Randolph with the Earl of Clarendon, then lord chamberlain, he obtained his pardon and returned home in 1686, with an order to the then prefident and council of New-England to reftore his eftate.
Gove in his petitions to the king plead- ed " a diftemper of mind" as the caufe of thofe actions for which he was profecuted. He alfo fpeaks in fome of his private let- ters of a drinking match at his houfe, and that he had not flept for twelve days and nights, about that time. When thefe things are confidered, it is not hard to ac- count for his conduct. From a letter which he wrote to the court whilft in prif- on, one would fuppofe him to have been difordered in his mind. His punifhment was by much too fevere, and his trial was hurried on too faft, it being only fix days after the commiffion of his crime. Had he been indicted only for a riot there would have been no difficulty in the proof, nor 2 hardfhip
1683.
Gove's Papers.
MS in files.
196
HISTORY OF
1683.
hardfhip in inflicting the legal penalty. Waldron, it is faid, fhed tears when pro- nouncing the fentence of death upon him.
On the fourteenth of February the gov- ernor, by advertifement, called upon the inhabitants to take out leafes from Mafon within one month, otherwife he muft, purfuant to his inftructions, certify the re- tufal to the king, that Mafon might be difcharged of his obligation to grant them. Upon this fummons and within the time fet, Major Waldron, John Wingett and Thomas Roberts, three of the principal landholders in Dover, waited on the gov- ernor to know his pleafure, who directed them to agree with Mafon. They then retired into another room where Mafon was, and propofed to refer the matter to the governor, that he might according to his commiffion, ftate the matter to the king for his decifion. This propofal Ma- t'on rejected, faying that unlefs they would own his title, he would have nothing to do with them. Whilft they were in dif- courfe the governor came in and defired them to depart.
"Weare's MS.
This piece of conduct is difficult to be accounted for, it being directly in the face of the commiffion. Had the method there- in prefcribed, and by thefe men propofed,
been
197
NEW-HAMPSHIRE.
been adopted, it was natural to expect that the king, who had all along favoured Mafon's pretenfions, would have deter- mined the cafe as much to his wifh as upon an appeal from a judicial court ; befides, he had now the faireft opportunity to have it decided in the fhorteft way, to which his antagonifts muft have fubmitted, it being their own propofal. His refufal to accede to it was a capital miftake, as it left both him and Cranfield expofed to the charge of difobedience. But it afforded a powerful plea in behalf of the people ; whole confidence in the royal juftice would have induced them to comply with the di- rections in the commiffion. It being now imponible to have the controverfy thus decided they determined to hearken to none of his propofals. As he generally met with oppofition and contradiction he was induced to utter many rath fayings in all companies. He threatened to feize the principal eftates, beggar their owners, and provoke them to rebellion by bring- ing a frigate into the harbour and procur- ing foldiers to be quartered on the inhabi- tants. Thefe threats were fo far from in- timidating the people that they ferved the more firmly to unite thern in their de- termination not to fubmit ; and each par-
1683.
Weare's MS.
ty
198 1683.
Council Records.
HISTORY OF
ty was now warm in their oppofition and refentment.
'The governor on fome frefh pretence fufpended Waldron, Martyn and Gilman from the council. The deaths of Daniels and Clements made two other vacancies. Vaughan held his feat the longeft, but was at length thruft out for his non-com- pliance with fome arbitrary meafures. So that the governor had it in his powerto mo- del the council to his mind, which he did by appointing at various times Nathanael Fry- er, Robert Eliot, John Hinckes, James Sherlock, Francis Champernoon and Ed- ward Randolph, efquires. The judicial courts were alfo filled with officers proper for the intended bufinefs. Barefoote, the deputy governor, was judge ; Mafon was chancellor ; Chamberlayne was clerk and prothonotary ; Randolph was attorney-ge- neral, and Sherlock provoft marfhal and theriff. Some who had always been difaf- fected to the country, and others who had been awed by threats or flattered by promifes took leafes from Mafon ; and thefe ferved for under fheriffs, jurors, cvidences and other neceffary perfons.
Things being thus prepared, Mafon be- gan his law-fuits by a writ againft Major Waldron, (who had always diftinguifhed himfelf
NEW HAMPSHIRE.
himfelf in oppofition to his claim) for holding lands and felling timber to the amount of four thoufand pounds. The major appeared in court, and challenged every one of the jury as interefted per- fons, fome of them having taken leafes of Mafon, and all of them living upon the lands which he claimed. The judge then caufed the oath of voire dire to be admini- ftered to each juror, purporting " that he " was not concerned in the lands in quef- " tion, and that he fhould neither gain " nor lofe by the caufe." Upon which the major faid aloud to the people prefent, " That his was a leading cafe, and that " if he were caft they muft all become te- " nants to Mafon ; and that all perfons in " the province being interested, none of "' them could legally be of the jury." The caufe however went on ; but he made no defence, afferted no title, and gave no evi- dence on his part. Judgment was given againft him and at the next court of feffi- ons he was fined five pounds for " muti- " nous and feditious words."
Suits were then inftituted againft all the principal landholders in the province, who, following Waldron's example, never made any defence. Some, chiefly of Hampton, gave in writing their reafons for not join- ing
199 1683.
MS in the nies.
200
HISTORY OF
1683. ing iffue ; which were, the refufal of Ma- fon to comply with the directions in the commiflion ; the impropriety of a jury's determining what the king had exprefsly referved to himfelf ; and the incompetency of the jury, they being all interefted per- fons, one of whom had faid that " he " would fpend his eftate to make Mafon's " right good." Thefe reafons were irri- tating rather than convincing to the court. The jury never hefitated in their verdicts. From feven to twelve caufes were difpatch- ed in a day, and the cofts were multiplied from five to twenty pounds. Executions werc iffued, of which two or three only were levied ; but Mafon could neither keep poffeffion of the premifes nor difpofe of them by fale, fo that the owners ftill enjoy ed them. Several threatened to appeal to the king but Major Vaughan alone made the experiment.
A fuit was alfo commenced againft Martyn who had been treafurer, for the fines and forfeitures received by him, during the former administration ; and judgment was recovered for feventy one pounds with cofts. Martyn petitioned Mafon as chancellor, fetting forth, that he had received and difpofed of the mon- ey according to the orders of the late pre- fident and council, and praying that the whole
MISS in files, and Where's MSS.
201
NEW-HAMPSHIRE.
burden might not lie upon him. A decree was then iffued for the other furviving members of the late council, and the heirs of thofe who were dead, to bear their proportion. This decree was afterward reverfed by the king in council.
Cranfield with his council had now af- fumed the whole legiflative power. They prohibited veffels from Maffachufetts to enter the port becaufe the acts of trade were not obferved in that colony : They fixed the dimenfions of merchantable lum- ber ; altered the value of filver money, which had always paffed by weight at fix fhillings and eight-pence per ounce : and ordered that dollars fhould be receiv- ed at fix fhillings each, which was then a great hardthip ; as many of them were greatly deficient in weight : They alfo changed the bounds of townfhips ; efta- blithed fees of office ; made regulations for the package of fifh, and ordered the conftables to forbear collecting any town or parith taxes till the province tax was paid, and the accounts fettled with the treafurer.
The public grievances having become infupportable, the people were driven to the neceffity of making a vigorous ftand for their liberties, The only regular way was
1683.
MISS in files.
Res.
202
HISTORY OF
1683.
MSS in Files.
was by complaint to the king. Having privately communicated their fentiments to each other, and raifed money by fub- fcription, they appointed Nathaniel Weare, efq. of Hampton their agent ; and the four towns having drawn and fubfcribed diftinct petitions of the fame tenor, Weare pri- vately withdrew to Bofton from whence he failed for England. Major Vaughan who accompanied him to Bofton, and was appointed to procure depofitions to fend after him, was upon his return to Portf- mouth, brought to an examination, treated with great infolence and required to find fureties for his good behaviour ; which, having broken no law, he refufed *; and was by the governor's own warrant im- mediately committed to prifon ; where he was kept nine months to the great damage of his health, and of his own as well as the people's intereft.
1684.
Amidft thefe multiplied oppreffions, Cranfield was ftill difappointed of the gains he had expected to reap from his office ; and found to his great mortification, that there was no way of fupplying his wants, but by application to the people, through an
* In this refufal he is countenanced by the example of the great Selden, and other members of parliament who were imprifoned by order of Charles I. in 1629.
Macaulay's Hift. Eng. 8vo. Vol. 2. p. 72.
203
NEW-HAMPSHIRE.
an affembly. He had already abufed them fo much that he could hope nothing from their favour ; and was therefore obliged to have recourfe to artifice. On a vague rumour of a foreign war, he pretended much concern for the prefervation of the province from invafion ; and prefuming that they would fhow the fame concern for themfelves, he called an affembly at Great-Ifland where he refided, to whom he tendered a bill, which in a manner to- tally unparliamentary, had been drawn and paffed by the council, for raifing mo- ney to defray the expence of repairing the fort, and fupplying it with ammunition, and for other neceffary charges of govern- ment. The houfe* debated a while, and adjourned for the night, and the tide ferv- ing, the members went up to the town. In the morning they returned the bill with their negative ; at which the governor was highly enraged, and telling them that they had been to confult with Moody, and other declarcd enemies of the king and
1684.
January 14.
* The members of the affembly were, For Portfmouth.
Richard Waldron, jun. ffeaker, Philip Lewis,
Jolin Pickering. Dover.
John Gerrith, John Woodman, Panthery Nutter.
Hampton. Anthony Stanyon, Joseph Smith, John Smith, Freter. Robert Smait, Thomas Wiggen.
(Court Record.
204
HISTORY OF
$684.
Court Rec. Vaughan's Journal.
and church of England, he diffolved them ; and afterward by his influence with the court of feffions, divers of the members were made conftables for the following year. Some of them took the oath, and others paid the fine which was ten pounds. Thus by a mean and execrable revenge, he taxed thofe whom he could not per- fuade to tax their conftituents for his pur- pofes.
But Moody was marked as an object of peculiar vengeance. He had for fome time rendered himfelf obnoxious by the freedom and plainnefs of his pulpit dif- courfes, and his ftrictnefs in adminiftering the difcipline of the church ; one inftance of which merits particular notice. Ran- dolph having feized a veffel, he was in the night carried out of the harbour. The owner, who was a member of the church, fwore that he knew nothing of it ; but upon trial there appeared ftrong fufpicions that he had perjured himfelf. He found means to make up the matter with the governor and collector ; but Moody, be- ing concerned for the purity of his church, requefted of the governor copies of the evidence, that the offender might be called to account in the way of ecclefiaftical dif- cipline. Cranfield fternly refufed, faying that
205
NEW-HAMPSHIRE.
that he had forgiven him, and that neither the church nor minifter fhould meddle with him ; and even threatened Moody in cafe hefhould. Not intimidated, Moody confulted the church and preached a fer- mon againft falfe fwearing ; then the offender, being called to account was cen- fured, and at length brought to a public confeffion. This procedure extremely dif- gufted the governor who had no way then in his power to fhew his refentment. But malice, ever fruitful in expedients to at- tain its ends, fuggefted a method, which to the fcandal of the Englifh nation, has been too often practifed. The penal laws againft nonconformifts were at this time executing with great rigour in England ; and Cranfield, ambitious to ape his royal mafter, determined to play off the ecclefi- aftical artillery here, the direction of which he fuppofed to be deputed to him with his other powers. He had attempt- ed to impofe upon the people the obfer- vation of the thirtieth of January as a faft, and to reftrain them from manual la- bour at Chriftmafs ; but his capital ftroke was to iffue an order in council " thataf- " ter the firft of January, the minifters " fhould admit all perions of fuitable years
'' and not vicious, to the Lord's fupper, " and
1684.
Portf. Chh. Records.
206
HISTORY OF
1684. " and their children to baptifm ; and that " if any perfon fhould defire baptifm or " the other facrament to be adminiftered " according to the liturgy of the church " of England, it fhould be done, in pur- " fuance of the king's command to the " colony of Maffachufetts *; and any mi- " nifter refufing fo to do fhould fuffer the " penalty of the ftatutes of uniformity."
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