USA > New Hampshire > The history of New Hampshire, Volume I > Part 13
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Indians,
* A farther fpecimen of the contempt in which thefe men were held, even by the lower class of people, expreffed in their own geu- uine language, may be feen in the following affidavit :
" Mary Rann, aged thirty years or thereabout, witneffeth, that the 21 day of March 84, being in company with Seabank Hog, I heard her fay ; it was very hard for the governor of this province to ftrike Sam. Seavy before he fpoke ; the faid Hog faid alto that it was well the faid Seavy's mother was not there for the governor, for if fhe had, there had been bloody work for him. I heard the faid Hog fay alfo that the governor and the reft of the gentlemen were a crew of pitiful curs, and did they want earthly honour ? if they did, (he would pull off her head clothes and come in her hair to them like a parcel of pitiful beggarly curs as they were ; come to undo us both body and foul; they could not be contented to take our effates from us, but they have taken away the gofpel alfo, which the devil would have them for it."
" Sworn in the court of pleas held at Great Ifland the 7 of Nov. 1684. R. Chamberlain, Prothen. "
226
HISTORY OF
1685. Indians, from Narrhaganfet to Pechypfcot, Hagkins, a chief of the tribe, had inform- ed Cranfield in the fpring of the danger he apprehended, and had implored affift- ance and protection, but had been treated with neglect. In Auguft the Penacook and Saco Indians gathered their corn, and removed their families ; which gave an alarm to their Englifh neighbours, as if they were preparing for war. Meffengers being fent to demand the reafon of their movement, were informed that it was the fear of the Mohawks, whom they daily expected to deftroy them ; and being afked why they did not come in among the Englifh for protection, they anfwered, left the Mohawks fhould hurt the Englifh on their account. Upon this they were perfuaded to enter into an agreement ; and accordingly their chiefs being affembled with the council of New-Hampfhire, and a deputation from the province of Maine, a treaty was concluded, wherein it was ftipulated, that all future perfonal injuries on either fide fhould, upon complaint, be immediately redreffed ; that information fhould be given of approaching danger from enemies ; that the Indians fhould not remove their families from the neigh- bourhood of the Englith without giving timely
Septemb. S.
227
NEW HAMPSHIRE.
timely notice, and if they did, that it fhould be taken for a declaration of war ; and, that whilft thefe articles were obferved the Englifh would affift and protect them againft the Mohawks and all other ene- mies. The danger was but imaginary, and the peace continued about four years.
Though Mafon was hitherto difappoint- ed in his views of recovering the inhabited part of the province he endeavoured to lay a foundation for realizing his claim to the wafte lands. A purchafe having been made from the Indians, by Jonathan Tyng and nineteen others, of a tract of land on both fides the river Merrimack, fix miles in breadth, from Souhegan river to Winni- pifeogee lake ; Mafon by deed confirmed the fame, referving to himfelf and his heirs the yearly rent of ten fhillings. This was called the million acre purchafe. About the fame time he farmed out to Hezekiah Ufher and his heirs, the mines, minerals, and ores within the limits of New-Hamp- fhire, for the term of one thoufand years ; referving to himfelf one quarter part of the royal ores, and one feventeenth of the bafer forts; and having put his affairs here in the beft order that the times would ad- mit, he failed for England, to attend the hearing of Vaughan's appeal to the king. Q2 CHAP.
1685.
Original MSS in files.
I686.
April 15. Douglas, vol. I. p. 419. May 15.
Records of Deeds.
228
HISTORY OF
CHAP. IX.
The administration of Dudley as prefident, and Androffe as governor of New-Eng- land. Mafon's farther attempt. His difappointment and death. Revolution. Sale to Allen. His commifion for the government.
W HEN an arbitrary government is determined to infringe the liber- ty of the people, it is eafy to find preten- ces to fupport the moft unrighteous claims. King Charles the fecond in the lat- ter part of his reign was making large ftrides towardsdefpotifm. Charters, which obftructed his pernicious views, were by a perverfion of the law decreed forfeited. The city of London, and moft of the cor- porations in England, either fuffered the execution of thefe fentences, or tamely furrendered their franchifes to the all- grafping hand of power. It could not be expected that in this general wreck of privileges the colonies of New-England could efcape. The people of Maffachu- fetts had long been viewed with a jealous eye. Though the king had repeatedly affured them of his protection and fol- emnly
Hutch. col. pap. P. 377.
229
NEW-HAMPSHIRE.
emnly confirmed their charter privileges ; yet their fpirit and principles were fo to- tally diffonant to the corrupt views of the court, that intriguing men found eafy ac- cefs to the royal car, with complaints againft them. Of thefe the moft invete- rate and indefatigable was Randolph, who made no lefs than eight voyages in nine years acrofs the Atlantic, on this mifchiev- ous bufinefs. They were accufed of ex- tending their juridiction beyond the bounds of their patent ; of invading the prerogative by coining money ; of not al- lowing appeals to the king from their courts ; and, of obftructing the execution of the navigation and trade laws. By the king's command agents were fent over to anfwer thefe complaints. They found the prejudice againft the colony fo ftrong, that it was in vain to withftand it ; and folicited inftructions whether to fubmit to the king's pleafure, or to let the proceed- ings againft them be iffued in form of law. A folemn confultation being held, at which the clergy affifted, it was determined " to " die by the hands of others rather than " by their own." Upon notice of this, the agents quitted England ; and Ran- dolph, as the angel of death foon followed them, bringing a writ of quo warranto
from
Hutch. vol. 1. Po 329.
1683. October.
230
HISTORY OF
1683. from the king's bench ; but the feire facias which iffued from the chancery did not arrive till the time fixed for their appear- ance was elapfed : This however was deemed too trivial an error to ftop the proceedings ; judgment was entered againft them, and the charter declared forfeited.
1685.
Feb. 6.
The king died before a new form of government was fettled ; but there could be no hope of favour from his fucceffor, who inherited the arbitrary principles of his brother, and was publickly known to be a bigoted papift.
The intended alteration in the govern- ment was introduced in the fame gradual manner as it had been in New-Hampfhire. A commiffion was iffued, in which Jofeph Dudley, efquire, was appointed prefident of his majesty's territory and dominion of New-England ; William Stoughton, dep- uty prefident ; Simon Bradftrect, Robert Mafon, John Fitz Winthrop, John Pyn- chon, Peter Bulkeley, Edward Randolph, Wait Winthrop, Richard Warton, John Uther, Nathaniel Saltonftall, Bartho- lomew Gedney, Jonathan Tyng, Dud- ley Bradftreet, John Hinckes, and Ed- ward Tyng, counfellors. Their jurif- diction extended over Maffachufetts, New- Hampfhire, Maine and the Narrhagan- fet or King s province. Thefe gentle-
men
231
NEW-HAMPSHIRE.
men were moftly natives of the country, fome of them had been magiftrates, and one of them governor under the charter. No houfe of deputies was mentioned in the commiffion.
The new form of government took place on the twenty-fifth day of May ; and on the tenth of June an order of council was iffued for fettling the county courts, which confifted of fuch members of the council as refided in each county, and any others of them who might be prefent ; with fuch juftices as were commiffioned for the pur- pofe. Thefe courts had the power of try- ing and iffuing all civil caufes, and all criminal matters under life or limb ; from them an appeal was allowed to a fuperior court held three times in the year at Bofton, for the whole territory ; and from thence appeals, in certain cafes, might be had to the king in council. Juries were pricked by the marfhal and one juftice of each county, in a lift given them by the felect- men of the towns. A probate court was held at Bofton, by the prefident, and "in " the other provinces and remote counties" by a judge and clerk appointed by the prefident. The territory was divided into four counties, viz. Suffolk, Middlefex, Effex and Hampfhire ; and three provinc- es, viz. New-Hampfhire, Maine, and King's
1686.
232
HISTORY OF
I686. Printed or- ders in the files.
Dec. 30.
MS Copy ot the Commif- Sion.
King's province. By another order of the fame date, town-taxes could not be affeffed but by allowance of two juftices ; and the members of the council were exempted from paying any part thereof.
Things were conducted with tolerable decency, and the innovations were render- ed as little grievous as poffible ; that the people might be induced more readily to fubmit to the long meditated introduction of a governor-general.
In December following, Sir Edmund Androffe who had been governor of New- York, arrived at Bofton with a commiffion appointing him captain-general and gov- ernor in chief of the territory and domin- ion of New-England, in which the col- ony of Plymouth was now included. By this commiffion, the governor with his council, five of whom were a quorum, were impowered to make fuch laws, im- pofe fuch taxes, and apply them to fuch purpofes as they fhould think proper. They were alfo empowered to grant lands øn fuch terms and fubject to fuch quit- rents, as fhould be appointed by the king. Invefted with fuch powers, thefe men were capable of the moft extravagant actions. Though Androffe, like his mafter, began his adminiftration with the faireft profef- fions,
233
NEW HAMPSHIRE.
fions, yet like him, he foon violated them, and proved himfelf a fit inftrument for ac- complithing the moft execrable defigns. Thofe of his council who were backward in aiding his rapacious intentions were neglected. Seven being fufficient for a full board, he felected fuch only as were devoted to him, and with their concurrence did what he pleafed. Randolph and Ma- fon were at firft among his confidents ; but afterward when New-York was an- nexed to his government, the members from that quarter were moft in his favour.
To particularize the many inftances of tyranny and oppreffion which the country fuffered from thefe men, is not within the defign of this w Let it fuffice to ob- ferve, that the prefs was reftrained ; liber- ty of confcience infringed ; exorbitant fees and taxes demanded, without the voice or confent of the people, who had no privi- lege of reprefentation. The charter being vacated, it was pretended that all titles to land were annulled ; and as to Indian deeds, Androffe declared them no better than. " the fcratch of a bear's paw." Land- holders were obliged to take out patents for their eftates which they had poffeffed forty or fifty years ; for thefe patents ex- travagant fees were exacted, and thofe who would
1686.
Hutchin. vol. I. p. 344. Collect. pap. P. 564.
1687.
Revolution: in N. Eng. juftified, p. 21.
234
1687.
1. Mather's life p. 107.
1688.
Revolution jultified, p. 29, 40.
HISTORY OF
would not fubmit to this impofition had tvrits of intrufion brought againft them, and their land was patented to others. To hinder the people from confulting about the redrefs of their grievances, town- meetings were prohibited, except one in the month of May for the choice of town officers ; and to prevent complaints being carried to England, no perfon was permit- ted to go out of the country without ex- prefs leave from the governor. But not- withftanding all the vigilance of the gov- ernor, his emiffaries and his guards, the refolute and indefatigable Increafe Mather, minifter of the fecond church in Bofton, and prefident of the college, got on board a fhip and failed for England, with com- plaints in the name of the people againft the governor, which he delivered with his own hand to the king ; but finding no hope of redrefs, he waited the event of the revolution which was then expected.
When the people groaned under fo many real grievances, it is no wonder that their fears and jealoufies fuggefted fome that were imaginary. They believed Androffe to be a papift ; that he had hired the In- dians, and fupplied them with ammuni- tion to deftroy their frontier fettlements ; and that he was preparing to betray the country
235
NEW- HAMPSHIRE.
country into their hands of the French. At the fame time, the large ftrides that King James the fecond was making toward the eftablifhment of popery and defpotifm, raifed the moft terrible apprehenfions ; fo that the report of the landing of the Prince of Orange in England was received here with the greateft joy. Androffe was fo alarmed at the news, that he imprifoned the man who brought a copy of the prince's declaration, and publifhed,a proclamation commanding all perfons to be in readinefs to oppofe " any invafion from Holland," which met with as much difregard as one he had iffued before, appointing a day of thankfgiving for the birth of a Prince of Wales.
The people had now borne thefe inno- vations and impofitions for about three years : Their patience was worn out, and their native love of freedom kindled at the profpect of deliverance. The news of a complete revolution in England had not reached them ; yet fo fanguine were their expectations, fo eager were they to prove that they were animated by the fame fpirit with their brethren at home, that upon the rumour of an intended maffacre in the town of Bofton by the governor's guards, they were wrought up to a degree of fury.
I 688.
1689. -
On
236 1689.
Nov. 6, :686.
Hutchin. collect. pa. P. 564.
HISTORY OF
On the morning of the eighteenth of April the town was in arms, and the country flocking in to their affiftance. The gov- ernor, and thofe who had fled with him to the fort, were feized and committed to prifon. The gentlemen who had been magiftrates under the charter, with Brad- ftreet, the late governor, at their head, affumed the name of a council of fafety, and kept up a form of government, in the exigency of affairs, till orders arrived from England ; when Androffe and his accom- plices were fent home as prifoners of ftate, to be difpofed of according to the king's pleafure.
The people of New-Hampfhire had their fhare of fufferings under this rapacious adminiftration : and Mafon himfelf did not efcape. Having attended the hearing of Vaughan's appeal to the king which was decided in Mafon's favour : the judg- ment obtained here, being affirmed ; and having now the faireft profpect of realiz- ing his claim, he returned hither in the fpring of 1687, but found his views ob- ftructed in a manner which he little ex- pected. The government was in the hands of a fet of hungry harpies, who looked with envy on the large fhare of territory which Mafon claimed, and were for par- celing
237
NEW HAMPSHIRE.
celing it out among themfelves. The new judges delayed iffuing executions on the judgments which he had formerly recover- ed, and the attorney-general, Graham, would not allow that he had power to grant lands by leafes. This confirmed the people in their opinion of the invalidity of his claim, and rendered them (if poffi- ble) more averfe to him than ever they had been. At length, however, he ob- tained from Dudley the chief juftice, a writ of certiorari, directed to the late judges of New-Hampfhire, by which his caufes were to be removed to the fupreme court of the whole territory, then held at Bofton ; but before this could be done, death put an end to his hopes and relieved the pco- ple for a time of their fears. Being one of Sir Edmund's council, and attending him on a journey from New-York to Al- bany ; he died at Efopus, in the fifty ninth year of his age ; leaving two fons, John and Robert, the heirs of his claim and controverfy.
The revolution at Bofton, though ex- tremely pleafing to the people of New- Hampfhire, left them in an unfettled ftate. They waited the arrival of orders from England ; but none arriving, and the peo- ple's minds being uneafy, it was propofed by
1689. 1
MS in Sup Court files.
July 13, 1688.
Aug. or Sept. 1688. Hutchin. vol. I. p. 365. Collect. papers, p. 556.
238
HISTORY OF
1690.
January. Maffa. Rec. Portfmou. Dover and Exeter Re- cords.
March 12.
1689. by fome of the principal gentlemen, that a convention of deputies from each of the towns fhould confider what was beft to be done. The convention-parliament in Eng- land was a fufficient precedent to author- ize this proceeding. Deputies were ac- cordingly chofen * and inftructed to refolve upon fome method of government. At their firft meeting they came to no con- clufion ; but afterward they thought it beft to return to their ancient union with Maffachufetts. A petition for this pur- pofe being prefented, they were readily admitted ; till the king's pleafure fhould be known and members were fent to the general court which met there in that and the two following years. The gentlemen who had formerly been in commiffion for the peace, the militia and the civil offices, were by town votes, approved by the gen- eral court, reftored to their places, and ancient
* The members of this convention were,
Fo: Portfmouth. John Tuttle,
Major William Vaughan, John Roberts,
Richard Waldron,
Thomas Eagerly,
'Nathaniel Fryer, Nicholas Follet. For Exeter.
Robert Eliot,
Thomas Cobbett,
Robert Wadkey,
Capt. John Pickering, For Dover.
Samuel Leavitt.
Capt. John Woodman,
(Portfm. Dover and Exeter Rec. Records. )
Capt. John Gerrith,
William Moore,
It does not appear from Hampton records whether they joined in this convention, or returned immediately to the government of Matfach .:- fetts.
239
NEW-HAMPSHIRE.
ancient laws and cuftoms continued to be obferved.
Had the inclination of the people been confulted, they would gladly have been annexed to that government. This was well knownto Mather and the other agents, who when foliciting for a new charter, earneftly requefted that New-Hampthire might be included in it. But it was an- fwered that the people had expreffed an averfion to it and defired to be under a diftinct government. This could be found- ed only on the reports which had been made by the commiffioners in 1665, and by Randolph in his narrative. The true reafon for denying the requeft was ; that Mafon's two heirs had fold their title to the lands in New-Hampfhire to Samuel Allen of London, merchant ; for feven hundred and fifty pounds, the entail hav- ing been previoufly docked by a fine and recovery in the court of king's bench ; and Allen was then foliciting a recognition of his title from the crown, and a commiffion for the government of the province. When the inhabitants were informed of what was doing, they again affembled by depu- ties in convention, and fent over a petition to the king, praying that they might be annexed to Maffachufetts. The petition
1 690. L
1691. 1
I. Mather's Life pag. 136.
Hutchin. vol. 1. B 412.
April 27.
MS in Sup, Court tiles.
Was
240
HISTORY OF
1691. Hutchin. vol. 2. p. 6.
1692. L March 1.
MS copy of Com. &c. Council minutes.
was prefented by Sir Henry Afhurft, and they were amufed with fome equivocal promifes of fuccefs by the earl of Notting- ham ; but Allen's importunity co-inciding with the king's inclination, effectually fruftrated their attempt. The claim which Allen had to the lands from Naumkeag to three miles northward of Merrimack, was noticed in the Maffachufetts charter ; and he obtained a commiffion for the gov- ernment of New-Hampfhire in which his fon in law John Ufher, then in Lon- don, was appointed lieutenant governor, with power to execute the commiffion in Allen's abfence. The counfellors named in the governor's inftructions were John Ufher lieutenant governor, John Hinckes, Nathaniel Fryer, Thomas Graffort, Peter Coffin, Henry Green, Robert Eliot, John Gerrith, John Walford and John Love. The governor was inftructed to fend to the fecretary of ftate the names of fix other perfons fuitable for counfellors. Three were a quorum, but the inftructions were that nothing fhould be done unlefs five were prefent except in extraordinary emer- gencies. Major Vaughan, Nathaniel Weare and Richard Waldron, were afterward added to the number.
The
241
NEWHAMPSHIRE.
The council was compofed of men who, in general, had the confidence of the peo- ple ; but Ufher was very difagrecable, not only as he had an intereft in Allen's claim to the lands, but as he had been one of Sir Edmund Androffe's adherents, and an active inftrument in the late oppreffive go- vernment. He arrived with the commif- fion and took upon him the command, on the thirteenth day of Auguft. The people again fubmitted, with extreme re- luctance, to the unavoidable neceffity of being under a government diftinct from Maffachufetts.
The year 1692 was remarkable for a great mortality in Portfmouth and Green- land by the fmall pox. The infection was brought in bags of cotton from the Weft Indies, and there being but few people who were acquainted with it, the patients fuffered greatly, and but few recovered.
1692.
Council minutes.
MS Letter ..
CHAP.
R.
242
HISTORY OF
CHA P. X.
The war with the French and Indians, commonly called King William's war.
TT was the misfortune of this country to have enemies of different kinds to con- tend with at the fame time. Whilft the changes above related were taking place in their government, a freth war broke out on their frontiers, which, though af- cribed to divers caufes, was really kindled by the rafhnefs of the fame perfons who were making havock of their liberties.
The lands from Penobfcotto Nova-Sco- tia, had been ceded to the French, by the treaty of Breda, in exchange for the ifland of St. Christopher. On thefe lands the Baron de St. Caftine had for many years refided, and carried on a large trade with the Indians ; with whom he was intimate- ly connected ; having feveral of their wom- en, befide a daughter of the fachem Ma- dokawando, for his wives. The lands which had been granted by the crown of England to the duke of York (now King James the fecond) interfered with Caftine's plantation, as the duke claimed to the riv .- er St. Croix. A fort had been built by his
Hutchin. coll. pap. P. 548.
243
NEW-HAMPSHIRE.
his order at Pemaquid, and a garrifon fta- tioned there to prevent any intrufion on his property. In 1686 a fhip belonging to Pafcataqua landed fome wines at Penob- fcot, fuppofing it to be within the French territory. Palmer and Weft, the duke's agents at Pemaquid, went and feized the wines ; but by the influence of the French ambaffador in England an order was ob- tained for the reftoration of them. Here- upon a new line was run which took Caf- tine's plantation into the duke's territory. In the fpring of 16SS, Androffs went in the Rofe frigate, and plundered Caftine's houfe and fort ; leaving only the orna- ments of his chapel to confole him for the lofs of his arms and goods. This bafe ac- tion provoked Caftine to excite the In- dians to a new war, pretences for which were not wanting on their part. They complained that the tribute of corn which had been promifed by the treaty of 1678, had been withholden ; that the fithery of the river Saco had been obftructed by feines ; that their ftanding corn had been devour- ed by cattle belonging to the Englifh ; that their lands at Pemaquid had been patent- ed without their confent ; and that they had been fraudulently dealt with in trade. Some of thefe complaints were doubtlors R 2
I688.
Hutchin. co.l. pap. P. 5 62.
244
HISTORY OF
I688.
well grounded ; but none of them were ever inquired into or redreffed.
They began to make reprifals at North Yarmouth by killing cattle. Juftice Black- man ordered fixteen of them to be feized and kept under guard at Falmouth ; but others continued to rob and captivate the inhabitants. Androffe, who pretended to treat the Indians with mildnefs, command- ed thofe whom Blackman had feized to be fet at liberty . But this mildnefs had not the defired effect ; the Indians kept their prifoners, and murdered fome of them in their barbarous frolicks. Androffe then changed his meafures, and thought to frighten them, with an army of feven hun- dred men, which he led into their coun- try in the month of November. The rigor of the feafon proved fatal to fome of his men ; but he never faw an Indian in his whole march. The enemy were quiet during the winter.
: 689.
'Litchinfoo, Neal, and Mither.
After the revolution, the gentlemen who affumed the government took fome precautions to prevent the renewal of hof- tilities. They fent moffengers and pre- fents to feveral tribes of Indians, who an- fwered them with fair promifes ; but their prejudice againft the Englifh was too in- veterate to be allayed by fuch means as theie, Thirteen
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