USA > New Hampshire > The history of New Hampshire, Volume I > Part 12
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The fame week in which he diffolved the affembly, he fignified to Moody in writing, by the hands of the fheriff, that himfelf, with Mafonand Hinckes, intend- ed to partake of the Lord's fupper the next Sunday ; requiring him to adminif- ter it to them according to the liturgy ; and, as they juftly expected, he at once denied them. The way was now opened for a profecution ; and the attorney gene- ral
* This command was conceived in the following terms :
" And since the principle aud foundation of that charter was and is freedom and liberty of confcience' ; Wee do hereby charge and require you that freedom and liberty be duely admitted and allow- ed, fo that they that defre to ufe the booke of common prayer and perform their devotion in that manner that is eftiblifhed here be not denyed the exercife thereof, or undergoe any prejudice or difad - vantage thereby, they ufing their liberty peaceably without any di furb . ante to others ; and that all perfons of good and honeft lives and converfations be admitted to the facrament of the Lord's fuppe, according to faid booke of common priver, and their children to baptifme."
This command cannot confiftently with the acknowledged princip'e and ftrict limitation, be conftrued any other way, than that the ule of the liturgy Should be permitted to fuch minifters and people as defired it. To compel minifters to ufe it, and leav- al! others at liberty, was a conftruction that malice alone could fuggeft.
King Charles's I.ctter in Hutchin. col. pap. P. 378.
207
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ral Jofeph Rayn, by the governor's order exhibited an information at the next court of feffions, before Walter Barefoote judge, Nathanael Fryer and Henry Greene aflift- ants, Peter Coffin, Thomas Edgerly and Henry Robie juftices, fetting forth, " that " Jofhua Moody clerk, being minifter of " the town of Portfmouth within the do- " minions of King Charles, was by the " duty of his place and the laws of the " realm, viz. the ftatutes of the fifth and " fixth of Edward VI, the firft of Eliza- " beth, and the thirteenth and fourteenth " of Charles II, required to adminifter the " Lord's fupper in fuch form as was fet " forth in the book of common prayer, " and no other. But that the faid Moody " in contempt of the laws had wilfully " an'd obftinately refufed to adminifter the " fame to the Honourable Edward Cran-
" field, Robert Mafon, and John Hinckes, " anddid obftinately ufe fome other form." Moody in his defence pleaded that he was not epifcopally ordained as the ftatutes re- quired ; nor did he receive his maintenance according to them ; and therefore was not obliged to the performance of what had been commanded ; that the alleged fta- tutes were not intended for thefe planta- tions, the known and avowed end of their iettlement
1684. Feb. S.
MSS in files.
208
HISTORY OF
L
Portf. Chh. Records.
Vaughan's Journal.
Vaughan's Journal.
1684. fettlement being the enjoyment of freedom from the impofition of thofe laws which freedom was allowed and confirmed by the king, in the liberty of confcience grant- ed to all proteftants, in the governor's commiffion. Four of the juftices, viz. Greene, Robie, Edgerly and Fryer were at firft for acquitting him ; but the matter being adjourned till the next day, Crar .- field found means before morning to gain Robie and Greene, who then joined with Barefoote and Coffin, in fentencing him to fix months impriforment, without bail or mainprize. The other two perfifted in their former opinion, and were foon after removed from all their offices. Moody was immediately ordered into cuftody, without being permitted firft to fee his fa- mily ; and he remained under confinement, in company with Major Vaughan, at the houfe of Captain Stileman, with liberty of the yard, for thirteen weeks ; " his bene- " fice" being declared' forfeited to the crown. The next week after Moody's trial, the governor in a profane bravado fent word to Seaborn Cotton minifter of Hampton, that " when he had prepared " his foul, he would come and demand " the facrament of him as he had done " at Portfmouth." Upon which Cotton withdrew
NEW- HAMPSHIRE.
withdrew to Bofton. The minifter of Dover, John Pike, was (as far as I can find) unmolefted. Exeter had then no fettled minifter.
During Moody's imprifonment, Cran- field would neither fuffer him to go up to the town to preach, nor the people to af- femble at the ifland to hear, nor the neigh- bouring minifters to fupply his place ; on- ly the family where he was confined were permitted to be prefent with him at fab- bath exercifes. But whilft the governor was abfent on a tour to New-York, Ma- fon gave leave for opening the meeting- houfe twice, when they obtained a mini- fter to officiate ; he alfo allowed both Moody and Vaughan to make a fhort vi- fit to their families. At length, by the interpofition of friends, Moody obtained a releafe, though under a ftrict charge to preach no more within the province, on penalty of farther imprifonment. He then accepted an invitation from the firft church in Bofton ; where being out of the reach of his perfecutors, he was employed as a preacher, and was fo highly eftecmed that upon the death of Prefident Rogers he was invited to take the overfight of the college, which he modeftly declined, and continued his miniftrations at Bofton, fre-
quently
209
1684.
Vaughan's Journal,
Harvard College Records.
P
210
HISTORY OF
I 684. quently vifiting his deftitute church at Portfmouth, at their private meetings, till 1692 ; when, the government being in other hands, and the eaftern country under trouble by the Indians, at the earneft re- queft of his people, and by the advice of an ecclefiaftical council, he returned to his charge at Portfmouth, and fpent the reft of his days there in ufefulnefs, love, and peace *.
Original MSS,
Upon a calm review of this profecution, one can hardly tell which is moft detefta- ble, the vindictive temper which gave it birth ; or the profanenefs and hypocrify with which it was conducted. The pre- tended zeal of the profecutors was totally inconfiftent with a due regard to thofe laws, and the principles of that church, for which they made themfelves fuch con- temptible champions. For it had been long before this time, a received opinion in the church of England, that the vali- dity of all the facramental administrations depends on authority derived from the apofties, by epifcopal ordination, in an uninterrupted fucceffion ; and one of the ftatutes on which the profecution was grounded
" He died at Bofton, being there on a vifit, July 4, 169;, At. 65. Dr. Cotton Mather preached his funeral fermon from Acts vi. 15. 's They faw his face as it had been the face of an angel." Magnaliz, lib, 4. cap, 7,
211
NEW-HAMPSHIRE.
grounded enacts, ' that no perfon fhall · prefume to confecrate and adminifter the ' Lord's fupper, before he be ordained a ' prieft by epifcopal ordination, on pain ' of forfeiting for every offence one hun- ' dred pounds.' The minifters then in the province, being deftitute of the grand pre-requifite, were incapable by the act, of doing what was fo peremptorily requir- ed of them ; and had they complied with the governor's order, muft have expofed themfelves to the penalty, if he had pleaf- ed to exact it from them. But the extend- ing thefe penalties to the king's Ameri- can fubjects, who had fled hither from the rod of prelatic tyranny, was a moft unwarrantable ftretch of power ; fince the laft of thefe acts, and the only one which had been made fince the fettlement of the colonies, was exprefsly reftricted in its ope- ration, to " the realm of England, domi- "nion of Wales, and town of Berwick " upon Tweed."
Difappointed in all his fchemes for raif- ing money by an affembly, Cranfield next ventured on the project of taxing the peo- ple without their confent. The pretex !. for this was a claufe in the commiffion, impowering him, with the council, " to «' continue fuch taxes as had been former-
P 2
1 684. Stat. : 3 & 14 Car. II.
212
HISTORY OF
I 684. " ly levied, until a general affembly could " be called." This had been done, with- out offence, at the beginning both of this and the former adminiftration, when the change of government rendered it necef- fary. But the council, though too much devoted to him, were not eafily perfuad- ed into the meafure at this time ; till fear at length accomplifhed what reafon could not approve ; for, letters being received from the eaftward, informing of the dif- covery of a plot among the Indians, who were inftigated by Caftine the Frenchman to renew the war carly in the fpring, the council were fummoned in hafte, and pre- fently agreed to the governor's propofal, for continuing fuch taxes as had been for- merly laid, which he told them was nec- effary for the immediate defence and fe- curity of the province. This affair how- ever, was kept fccret for the prefent ; and the people were firft to be convinced of the governor's paternal care and kindnefs in taking the neceffary precautions for their fafety. It was ordered that the meeting- houfes in each town fhould be fortified, and bye garrifons were eftablifhed in con- venient places : Supplies of ammunitton were ordered to be provided : Circular ietters were difpatched to the governors of
Feb. 14.
March 13.
213
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of the neighbouring colonies, informing them of the danger : and, to crown the whole Cranfield himfelf, at the requeft of the council, undertook a tour to New- York to folicit the governor, Dongan, for a number of the Mohawks to come down and deftroy the eaftern Indians ; promifing to pay them for their fervices out of the money which was thus to be raifed.
At his return from this excurfion, he found himfelf under fome embarraffinent in his favourite views, from a letter of the lords of trade, which directed him to make ufe of an affembly, in raifing money on the people. He could not, therefore, avoid calling one, though he immediately dif- folved it, becaufe feveral of the members were thofe whom he had formerly order- ed to be made conftables. At the fame time, in his letters to the fecretary of ftate, he reprefented the affembly as perfons of fuch a mutinous and rebellious difpofition, that it was not fafe to let them convene ; that they had never given any thing to- ward the fupport of government; that he was obliged to raife money without them ; and that it was impoffible for him to ferve his majefty's intereft without a fhip of war to enforce his orders ; and finally he de- fired leave to go to the Weft-Indies for the
1684.
Council Records.
Vaughan's Journal.
May 2+
recovery
214
HISTORY OF
I 684. -
recovery of his health. When this bufi- nefs was difpatched, warrants were iffued for collecting the taxes ; which caufed frefh murmurings and difcontent among the people.
But however difaffected to the governor and his creatures, they were always ready to teftify their obedience to the royal or- ders ; an inftance of which occured at this time. The feas of America and the Weft-Indies being much infefted with pirates, the king fent orders to all the gov- ernors and colony affemblies, directing acts to be made for the fuppreffing of pi- racy and robbery on the high feas. Cran- field, having received this order, fummon- ed an affembly ; and though it confifted almoft entirely of the fame perfons who were in the laft ; he fuffered them to pafs the act, and then quietly diffolved them : This was the laft affembly that ever he called.
July 22.
Council Records, and Files.
The tax-bills were firft put into the hands of the newly made conftables ; who foon returned them, informing the gover- nor that the people were fo averfe to the method, that it was impoffible to collect the money. The provoft, Thomas Thur- ton, was then commanded to do it, with the affiftance of his deputies and the con- ftables.
315
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ftables. The people ftill refufing com- pliance, their cattle and goods were taken by diftraint and fold by auction : Thofe who would neither pay nor difcover their goods to the officers, were apprehended and imprifoned ; and fome of the confta- bles, who refufed to affift, fuffered the fame fate. The more confiderate of the people were difpofed to bear thefe grievances, though highly irritating, till they could know the refult of their applications to the king. But in a country where the love of liberty had ever been the ruling paffion, it could not be expected but that fome forward fpirits would break the reftraints of prudence, and take a fummary method to put a ftop to their oppreffions. Several perfons had declared that they would fooner part with their lives, than fuffer diftraints ; and affociations were formed for mutual fupport. At Exeter the fheriff was refifted and driven off with clubs ; the women having prepared hot fpits and fcalding water to affift in the oppofition, as Thurton teftified in his depolition on the occafion. At Hampton he was beaten, and his fword was taken from him; then he was feated on an horfe, and conveyed out of the province to Salifbury with a rope about his neck and his feet tied un- des
1684 ..
De .. 19.
January 32.
216
HISTORY OF
€
1684. - der the horfe's belly. Juftice Robie at- tempted to commit fome of the rioters ; but they were refcued by the way, and both the juftice and the fheriff were ftruck in the execution of their office. The troop of horfe, under Mafon's command, was then ordered to turn out completely mount- ed and armed, to affitt in fuppreffing the diforder ; but when the day came not one trooper appeared. Cranfield thus finding. his efforts ineffectual, and his authority contemptible, was obliged to defift.
January 9.
MSS in files.
The agent had been a long time in England, waiting for the depofitions, which were to have been tranfmitted to hin in fupport of the complaint which he was to exhibit. Cranfield and his crea- tures here did all that they could, to retard the bufinefs ; firft by imprifoning Vaughan, and then by refufing to fummon and fwear witneffes when applied to by others ; who were obliged to go into the neighbouring governments to get their depofitions au- thenticated ; and after all, the proof was defective, as they had no access to the public records. The agent, however, ex- hibited his complaint againft Cranfield in general terms, confifting of eight articles. ' That he had engroffed the power of erectr $ ing courts, and eftablithing fees, exclu. ' five
217
NEW-HAMPSHIRE.
' five of the affembly : That he had not
' followed the directions in his commiffion
' refpecting Mafon's controverfy ; but had
' caufed it to be decided on the ipot by ' courts of his own conftitution, confifting
' wholly of perfons devoted to his inter-
' eft : That exorbitant charges had been
' exacted and fome who were unable to
' fatisfy them had been imprifoned : That 'others had been obliged to fubmit, for
' want of money to carry on the fuits :
' That he had altered the value of filver ' money : That he had imprifoned fundry " perfons without juft caufe : That he with ' his council had affumed legiflative autho- 'rity, without an affembly ; and, that he
' had done his utmoft to prevent the peo-
' ple from laying their complaints before ' the king, and procuring the neceffary ' evidence.'
' This complaint was, in courfe, referred to the board of trade ; who tranfmitted copies of it, and of the feveral proofs, to Cranfield, and fummoned him to make his defence ; directing him to deliver to the adverfe party copies of all the affidavits which fhould be taken in his favour ; to let all perfons have free accefs to the re- cords ; and to give all needful affiftance to them in collecting their evidence againft him.
1684.
Weare's MSS.
July 23.
Ibid. When
218 1684. L
MSS in the 1685. L
HISTORY OF
When he had received this letter he fuf- pended Mafon's fuits, till the queftion concerning the legality of the courts fhould be decided. He alfo ordered the fecreta- ry to give copies to thofe who fhould ap- ply for them. At the fame time it was complained that the people, on their part, had been equally referved, in fecreting the records of the feveral towns, fo that Mafon upon inquiry could not find where they were depofited : and thetown clerks, when fummoned, had folemnly fworn that they knew neither where the books were con- cealed, nor who had taken them out of their poffeffion.
The neceffary evidence on both fides being procured, a new complaint was drawn up, confifting of twelve articles, which were, 'That at the firft feffion of ' the affembly, Cranfield had challenged ' the power of legiflation and fettlement ' of affairs to himfelf, againft the words of ' the commiffion : That he had by pur- ' chafe or mortgage from Mafon, made ' himfelf owner of the province, and fo ' was not likely to act impartially between ' Mafon and the inhabitants : That he had ' made courts, whereof both judges and ' jurors had agreed with Mafon for their ' own lands, and fome had taken deeds of ' him
219
NEW-HAMPSHIRE.
· him for other men's lands, fo that they ' were engaged by their intereft to fet up ' Mafon's title : That Mafon had fued ' forty perfons, and caft all ; and that the ' governor's interpofal to ftate the cafes, 'as by his commiffion he was directed, ' had been refufed though defired : and ' that the defendants pleas grounded on ' the laws of England were rejected : That ' they could not reconcile the verdict with ' the attachment, nor the execution with ' the verdict, nor their practife under col- 'our of the execution with either ; that ' the verdict found the lands fued for ac- ' cording to the royal commiffion and in- ' ftructions, and that commiffion only gave ' power to ftate the cafe if Mafon and the ' people could not agree ; but the execu- ' tion took land and all: That the charge ' of every action was about fix pounds, ' though nothing was done in court but ' reading the commiffion and fome blank ' grants without hand or feal ; and thefe ' were not read for one cafe in ten : That ' court charges were exacted in money , ' which many had not ; who though they ' tendered cattle, were committed to pri- ' fon for non-payment : That minifters, ' contrary to his majefty's commiffion, ' which granted liberty of confcience to all ' proteftants,
1685.
220
HISTORY OF
1685.
' proteftants, had their dues withheld from ' them, even thofe that were due before
' Cranfield came, and were threatened with ' fix months imprifonment for not admin- ' iftering the facrament according to the ' liturgy : That though the general affem- ' bly agreed that Spanifh money fhould ' pafs by weight, the governor and council ' ordered pieces of eight to pafs for fix fhil- ' lings, though under weight : That men ' were commonly compelled to enter into ' bonds of great penalty, to appear and an- ' fwer to what thould be objected againft ' them, when no crime was alleged : ' That they had few laws but thofe made ' by the governor and council, when his « commiffion directed the general affembly ' to make laws : That the courts were ' kept in a remote corner of the province ; ' and the fheriff was a ftranger and had ' no vifible eftatc, and fo was not refponfi- ' ble for failures.'
Weare's MISS.
Upon this complaint, an hearing was had before the Lords of Trade on Tuefday the tenth of March ; and their lordfhips reported to the king, on three articles on- ly of the complaint, viz. 'That Cranfield ' had not purfued his inftructions with re- ' gard to Mafon's controverfy ; but inftead ' thereof had caufed courts to be held and ' titles
NEW HAMPSHIRE.
' titles to be decided, with exorbitant cofts ; ' and that he had exceeded his power in " regulating the value of coins.' This re- port was accepted, and the king's pleafure therein fignified to him. At the fame time, his requeft for abfence being grant- ed, he, on receipt of the letters, privately embarked on board a veffel for Jamacia ; and from thence went to England, where he obtained the collectorfhip of Barbadoes. At his departure, Barefoote the deputy- governor took the chair ; which he held till he was fuperfeded by Dudley's com- miffion, as prefident of New-England.
Cranfield's ill conduct muft be afcribed in a great meafure to his difappointment of the gains which he expected to acquire, by the eftablifhment of Mafon's title ; which could be his only inducement to ac- cept of the government. This difappoint- ment inflaming his temper, naturally vin- dictive and imperious, urged him to ac- tions not only illegal, but cruel and un- manly. A ruler never degrades his cha- racter more than when he perverts public juftice to gratify perfonal refentment ; he fhould punifh none but the enemies of the laws, and difturbers of the peace of the community over which he prefides. Had there been the leaft colour, either of zeal
22.[ 1685.
Neal's Hift. and Flitch's MS.
or
222
HISTORY OF
Neal. vol. 2. P. 39.
Hutchin, vol. 1. page 337-
Fitch's MS.
1685. or policy, for the feverity exercifed in the profecution of Mootly, candour would oblige us to make fome allowance for hu- man frailty. His ordering the members of the affembly to be made conftables, was a mode of revenge difgraceful to the cha- racter of the fupreme magiftrate. From the fame bale difpofition, he is faid to have employed fpies and pimps, to find matter of accufation againft people in their clubs, and private difcourfe. And his deceit was equal to his malice ; for, being at Bofton when the charter of that colony was call- ed in queftion, and the people were foli- citous to ward off the danger ; he advifed them to make a private offer of two thou- fand guineas to the king, promifing to re- prefent them in a favourable light ; but when they, not fufpecting his intention, fol- lowed his advice, and thewed him the let- ter which they had written to their agents for that purpofe, he treacheroufly reprefent- ed them as " difloyal rogues ;" and made them appear fo ridiculous that their agents were afhamed to be feen at court. How- ever, when he had quitted the country, and had time for reflection he grew a- fhamed of his mifconduct, and whilft he was collector at Barbadoes, made a point of treating the mafters of veffels, and other perfons
223
NEW-HAMPSHIRE.
perfons who went thither from Pafcataqua, with particular refpect.
Although the decifion of titles in Cran- field's courts had been reprefented, in the report of the lords, as extrajudicial, and a royal order had been thereupon iffued to fufpend any farther proceedings in the cafe of Mafon till the matter fhould be brought before the king in council, purfuant to the directions in the commiffion ; yet Bare- foote fuffered executions which had before been iffued to be extended, and perfons to be imprifoned at Mafon's fuit. This oc- cafioned a frefh complaint and petition to the king, which was fent by Weare, who about this time made a fecond voyage to England, as agent for the province and attorney to Vaughan, to manage an ap- peal from feveral verdicts, judgments, decrees and fines which had been given againft him in the courts here, one of which was on the title to his eftate. An attempt being made to levy one of the executions in Dover, a number of perfons forcibly refifted the officer, and obliged him to re- linquifh his defign. Warrants were then iffued againft the rioters, and the fheriff with his attendantsattempted tofeize them, whilft the people were affembled for di- vine fervice. This caufed an uproar in the
1685.
Weare's MSS.
MSS in files.
224
HISTORY OF
1685.
the congregation, in which a young hero ine diftinguithed herfelf by knocking down one of the officers with her bible. They were all fo roughly handled that they were glad to efcape with their lives.
MSS in files.
Dec. 30.
That nothing might be wanting to fhew the enmity of the people to thefc meafures, and their hatred and contempt for the authors of them ; there are ftill pre- ferved the original depofitions on oath, of Barefoote and Mafon, relating to an affault made on their perfons by Thomas Wiggen and Anthony Nutter, who had been members of the affembly. Thefe two men came to Barefoote's houfe where Mafon lodged, and entered into difcourfe with him about his proceedings ; denying his claim and ufing fuch language as pro- voked him to take hold of Wiggen with an intention to thruft him out of the door. But Wiggen being a ftronger man feized him by his cravat, and threw him into the fire ; where his clothes and one of his legs were burned. Barefoote, attempting to help him, met with the fame fate, and had two of his ribs broken and one of his teeth beaten out in the ftruggle. The noife alarmed the fervants, who at Mafon's command brought his fword, which Nut- ter
225
NEWHAMPSHIRE.
ter took away, making fport of their mi- 1685. fery *.
Nothing elfeoccured during Barefoote's fhort adminiftration, except a treaty of friendfhip, between the Indians of Pena- cook and Saco, on the one part ; and the people of New-Hampfhire and Maine on the other. The foundation of this treaty feems to have been laid in Cranfield's pro- ject of bringing down the Mohawks on the eaftern Indians ; which had once before proved a pernicious meafure ; as they made no diftinction between thofe tribes which were at peace with the Englith, and thofe which were at war. Some of the Pena- cook Indians who had been at Albany af- ter Cranfield's journey to New-York, re- ported on their return, that the Mohawks threatened deftruction to all the eaftern
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