USA > New Hampshire > The history of New Hampshire, Volume I > Part 2
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MS Copy in Super. Court files.
By this deed the Englifh inhabitants within thefe limits obtained a right to the foil from the original proprietors, more val- uable in a moral view, than the grants of any European prince could convey. If we fmile at the arrogance of a Roman Pontiff
in
13
NEW-HAMPSHIRE.
in affuming to divide the whole new world between the Spaniards and Portuguefe, with what confiftency can we admit the right of a king of England, to parcel out America to his fubjects, when he had nei- ther purchafed nor conquered it, nor could pretend any other title, than that fome of his fubjects were the firft Europeans who difcovered it, whilft it was in poffeffion of its native lords ? The only validity which fuch grants could have in the eye of rea- fon was, that the grantees had from their prince a permiffion to negotiate with the poffeffors for the purchafe of the foil, and thereupon a power of jurifdiction fubor- dinate to his crown.
The fame year Captain Mafon procured a new patent, under the common feal of the council of Plymouth, for the land " from the middle of Pafcataqua river and " up the fame to the fartheft head there- " of, and from thence northweftward until " fixty miles from the mouth of the har- " bour were finifhed; alfo through Mer- "rimack river to the fartheft head there- " of, and fo forward up into the land weft- " ward, until fixty miles were finifhed ; " and from thence to crofs over land to " the end of the fixty miles accounted from " Pafcataqua river ; together with all " iflands
1629. L
Nov. 7,
MS in files of Superio: Cour :.
14 1629.
Gorges's Hilt of A. merica, p. 48.
HISTORY OF
" iflands within five leagues of the coaft." Thistract ofland was called NEW-HAMP- SHIRE : It comprehended the whole of- Whelewright's purchafe ; and unlefs Ma- fon's intention was to fruftrate his title, it is difficult to affign a reafon for the pro- curement of this patent, as the fame land, with much more, had been granted to Gorges and Mafon jointly, feven years be- fore. If there was an agreement between them to divide the province of Laconia, and take out new patents from the coun- cil, in preference to the making a deed of partition ; it is not eafy to conceive why the weftern boundary should be contract- ed to fixty miles from the fea, when the lakes and river of Canada were fuppofed to be but ninety or an hundred miles from Pafcataqua. If this grant was intended as an equivalent for the patent of Mariana, which the council had the preceding year included in their deed to the Maffachufetts company ; it is impoffible to account for the extenfion of New-Hampfhire to the river Merrimack, when the grant of Maf- fachufetts reached to " three miles north "of that river and of every part of it *. " The
* Mr. Hubbard in his MS hiftory fays " it hath been affirmed by Mr. Joffelyn, who fiitt came over into New England on Captain Mafon's account, that there was an agreement made between Mr. Matthew
NEW HAMPSHIRE.
The weft country adventurers were not lefs attentive to their intereft; for in the following fpring they obtained a patent from the council whereby " all that part "' of the river Pafcataqua called or known " by the name of Hilton's Point, with " the fouth fide of the faid river up to " the falls of Squamfcot, and three miles " into the main land for breadth," was granted to Edward Hilton. This patent, fealed with the common feal of the coun- cil, and fubfcribed by the Earl of War- wick, fets forth, that Hilton and his affo- ciates had at their own proper coft and charges tranfported fervants, built houfes and planted corn at Hilton's Point, now Dover, and intended the further increafe and advancement of the plantation. Wil- liam Blackftone, William Jefferies and Thomas Lewis or either of them, were impowered to give poffeffion of the prem- ifes ;
Matthew Cradock (the firft Governor of the Maffachufetts company) and Captain John Mafon, that the bounds of the Maffachufetts fhould reach to three miles northward of Merrimack and the remainder of the land betwixt that line and Pafcataqua river, fhould be left for Captain Mafon's patent."
The Commiffioners fent by Charles 11 in 1664, report that " Mr. Mafon had a patent for fome land about Cape Anne before the Mafia- chufetts had their firft patent ; whereupon Captain Mafon and Nr. Cradock agreed that the Maffachufetts fhould have that land, which was granted to Captain Mafon about Cape Anne, and Captain Mafon fhould have that land, which was beyond Merrimack and granted to the Mafacbufetts. This agreement was fent to Mr. Henry Jocelyn to get recorded at Bofton, but before he could have leifure to go there he heard that Captain Mafon was dead and therefore went not. Of thi- he made affidavit, before the commiffioners." Hutch. Collect : Papers, p. 423.
1630, - March 12.
MS Copy in Proprie- tary Office.
1631. -
July :
16
HISTORY OF
1631. -
Hubbard's MS.
fes ; which was done by Lewis, and the livery and feizen endorfed. Within thefe limits are contained the towns of Dover, Durham, and Stretham, with part of Newington and Greenland. It was com- monly called Squamfcot patent, but fome- times Bloody-point patent, from a quar- rel between the agents of the two com- panies about a point of land in the river which was convenient for both ; and, there being no government then eftablithed, the controverfy would have ended in blood, if the contending parties had not been perfuaded to refer the decifion of it to their employers.
Novem. 3.
Hutch. vol. I. F. 316.
The London adventurers alfo thought it prudent to have fome fecurity for the intereft which they had advanced, and ac- cordingly obtained a grant from the coun- cil, of " that part of the patent of Laco- " nia, on which the buildings and falt- " works were erected, fituate on both " fides the harbour and river of Pafcata- " qua to the extent of five miles weft- " ward by the fea-coaft, then to crofs " over towards the other plantation in " the hands of Edward Hilton." The grantees named in this patent* were, Sir Ferdinando
M :. Hubbard fays, that this patent was in the hands of fome gentlemen at Portfmouth when he wrote. I have feen no copy of it but what is preferved in his MS hiftory. There is among the ancient files in the Recorder's office, an invoice of goods fent over in 1631, fabferibed by all the above names, excent the laft, in whofe ftead is fubferibed William Gyles.
17
1631.
Hubbard's MS.
MS Letters.
NEW HAMPSHIRE.
Ferdinando Gorges, Captain John Mafon, John Cotton, Henry Gardner, George Griffith, Edwin Gay, Thomas Warner- ton, Thomas Eyre and Eliezer Eyre, who, it is faid had already expended three thoufand pounds in the undertaking. They were to pay forty-eight pounds per annum by way of acknowledgement to the prefident and council, if demanded. Captain Camocke, a relation of the Earl of Warwick, with Henry Jocelyn, who were then intending a voyage hither were appointed to put the grantees in poffeffion. Within this patent are comprehended the towns of Portfmouth, Newcaftle, and Rye, with part of Newington and Greenland.
The whole intereft being thus divided into two parts, Captain Thomas Wiggen was appointed agent for the upper, and Captain Walter Neal for the lower plan- tation; with him were affociated Ambrofe Gibbons, George Vaughan, Thomas War- nerton, Humphry Chadbourne and one Godfrie as fuperintendants of the feveral bufineffes of trade, fifhery, falt-making, building and hufbandry. Neal refided at Little-Harbour with Godfrie who had the care of the fifhery. Chadbourne built an houfe at Strawberry-bank, which was call- ed the great houfe, in which Warnerton C
refided?
18 1631.
MS in the Recorder's files.
Gorges's Hift. of A- merica, p. 47.
HISTORY OF
refided. Gibbons had the care of a faw- mill, and lived in a palifaded houfe at Newichwannock, where he carried on trade with the Indians. He afterward re- moved to Sander's-point, where the ad- venturers gave him a fettlement for his faithful fervices. He was fucceeded at Newichwannock by Chadbourne, whofe pofterity are perfons of principal figure and intereft there at this day. The pro- prietors were alfo careful to provide for the defence of their plantations, and fent over feveral cannon which they directed their agents to mount in the moft conve- nient place for a fort. They accordingly placed them on the northeaft point of the Great-Ifland at the mouth of the harbour, and laid out the ground " about a bow- " fhot back from the water-fide to an high " rock, on which it was intended in time " to build the principal fort."
A great part of Captain Neal's errand was to penetrate the interior part of the province of Laconia, concerning which the adventurers had formed very fanguine expectations. It was defcribed as con- taining divers lakes, and extending back to a great lake and river in the country of the Iroquois. This river was faid to be fair and large, containing many fruitful iflands ;
19
NEWHAMPSHIRE.
iflands ; the air pure and falubrious ; the country pleafant, having fome high hills ; full of goodly forefts, fair vallies and fer- tile plains ; abounding in corn, vines, chefnuts, walnuts, and many other forts of fruit ; the rivers well ftored with fith, and environed with goodly meadows full of timber-trees. In the great lake were faid to be four iflands, full of pleafant woods and meadows, having great ftore of ftags, fallow-deer, elks, roe-bucks, beavers and other game, and thefe iflands were fuppofed to be commodioufly fituat- ed for habitation and traffic, in the midft of a fine lake, abounding with the moft delicate fifh. No one who is acquainted with the interior part of the country in its wildernefs ftate, can forbear fmiling at this romantic defcription, penned in the true ftyle of adventurers : yet fuch an im- preffion had the charms of Laconia made on the minds of our firft fettlers, that Neal fet out on foot, in company with Jocelyn and Darby Field, to difcover thefe beautiful lakes, and fettle a trade with the Indians by pinnaces, imagining the dif- tance to be fhort of an hundred miles. In the courfe of their travels, they vifited the white mountains, which they defcrib- ed in the fame romantic ftyle, to be a C 2 ridge,
I 620.
1632.
20
1632.
Jocelyn' rarities of New- Eng .. land.
Hubbard's MIS Hift.
HISTORY OF
ridge, extending an hundred leagues, on which fnow lieth all the year, and inac- ceffible but by the gullies which the dif- folved fnow hath made : on one of thefe mountains they reported to have found a plain of a day's journey over, whereon nothing grows but mofs ; and at the fur- ther end of this plain, a rude heap of maffy ftones, piled up on one another a mile high ; on which one might afcend from ftone to ftone, like a pair of wind- ing ftairs, to the top, where was another level of about an acre, with a pond of clear water. This fummit was faid to be far above the clouds, and from hence they beheld a vapor like a vaft pillar, drawn up by the fun-beams, out of a great lake into the air, where it was form- ed into a cloud. The country beyond thefe mountains northward, was faid to be " daunting terrible," full of rocky hills, as thick as mole-hills in a meadow, and clothed with infinite thick woods. They had great expectation of finding precious ftones on thefe mountains ; and fomething refembling chryftal being pick- ed up, was fufficient to give them the name of the CHRYSTAL-HILLS. From hence they continued their route in fearch of the lake; till finding their provifion alınoft
21
NEW HAMPSHIRE.
almoft fpent, and the forefts of Laconia yielding no fupply, they were obliged to return when they fuppofed themfelves fo far advanced, that " the difcovery wanted " but one day's journey of being finifh- "' ed *. "
This expedition, being ended, was fuc- ceeded by one of another kind. The coaft was alarmed by the report of a pirate, one Dixy Bull ; who with fifteen others, be- ing employed in the Indian trade at the caftward had taken feveral boats.and rifled the fort at Pemaquid. Neal, in conjunc- tion with the others, equipped four pin- naces and fhallops, manned with forty men, being all the force that both plantations could fpare, who, being joined by twenty more in a bark from Bofton, proceeded to Pemaquid; but contrary winds and bad weather obliged them to return without meeting the pirates, who made their way farther to the eaftward, and at length got to England ; where Bull met with his de- ferts. The company on their return hanged, at Richmond's ifland, an Indian who had been concerned in the murder of an Englifhman.
The
1632.
Gorges's Hift. of A- merica, p. 48.
November.
Prince's Annals, vol 2. p. 2. 83.
* Mr. Hubbard, and after him Governor Hutchinfon, place this dif- covery of the White Hills in 1642. But as Neal had pofitive orders to difcover the lakes, and tarried but three years in the country, employ- ing great part of his time in fearching the woods, it is probable that Mr. Hubbard miftook one figure in his date.
22
HISTORY OF
1633.
The next year Neal and Wiggen joined in furveying their refpective patents, and laying out the towns of Portfmouth and Northam, and another which was called Hampton, though no fettlement had been made there. They alfo agreed with Whelewright that the plantation which he had undertaken to make at Squamfcot falls, fhould be called Exeter ; and determined the bounds between his land and theirs. This furvey was made by order of the company of Laconia, who gave names to the four towns, and the tranfaction was duly reported to them : foon after which Neal returned to England.
MS in Re- corder's Of- fice.
From a number of letters that paffed between theadventurers and Gibbons their factor, and which are yet preferved, it ap- pears that their views were chiefly turned toward the difcovery of the lakes and of mines ; the cultivation of grapes, and the advantages of trade and fifhery ; and that little regard was had to agriculture, the fureft foundation of all other improvements in fuch a country as this. They often complain of their expences, as indeed they might with reafon; for they had not only to pay wages to their colonifts, but to fup- ply them with provifions, clothing, uten- fils, medicines, articles of trade, imple-
ments
23
NEW HAMPSHIRE.
ments for building, hufbandry and fifhing, and to ftock their plantations with cattle, fwine, and goats. Bread was either brought from England in meal, or from Virginia in grain, and then fent to the wind-mill at Bofton, there being none erected here. Very little improvement was made on the lands ; the lakes were not explored ; the vines were planted but came to nothing ; no mines were found but thofe of iron, and thefe were not wrought ; three or four houfes only were built within the firft fe- ven years ; the peltry trade with the In- dians was of fome value, and the fifhery ferved for the fupport of the inhabitants ; but yielded no great profit to the adven- turers, who received but inadequate re- turns in lumber and furs. They faw their intereft finking apace, and grew difpirit- ed ; and the major part of them either re- linquifhed the defign, or fold their fhares to Mafon and Gorges, who were more fan- guine than the reft, and became (either by purchafe or tacit confent of the others ) the principal, if not fole proprietors. Thefe gentlemen renewed their exertions with greater vigour, fent over a frefh fupply of fervants, and materials for carrying on the fettlement, and appointed Francis Williams their governor. He was a gentleman of
1633.
Prince's Annals, vol. 2. F. 3º. 70.
1634.
24
HISTORY OF
1634.
L Hubbard's MS Hift.
good fenfe and difcretion ; and fo very acceptable to the people, that when they combined in a body politic they continu- ed him at their head.
1635.
Gorges's Narrative, P. 22 & 44.
The charter by which the council of Plymouth was eftablifhed, had been from the beginning difrelifhed by the Virginia company ; who fpared no pains to get it revoked. Their applications to the king proved fruitlefs ; but when the parliament began to enquire into the grievances of the nation, this patent was complained of as a monopoly. Sir Ferdinando Gorges, being fummoned, appeared before them, and both in perfon and by his council de- fended it in a mafterly manner, but in vain ; for when the national grievances were prefented to the throne, the patent of New-England was the firft. The coun- cil alfo was in difrepute with the high- church party, for having encouraged the fettlement of the Plymouth and Maffachu- fetts colonifts, who fled from their perfe- cutions. Thefe prejudices againft them, operating as difcouragements to their un- dertaking, induced the council to refign their charter to the king ; having previ- oufly taken care to fecure fome portion of the expiring intereft to fuch of themfelves as were difpofed to accept it. The fcheme
they
25
NEW-HAMPSHIRE.
they had in view was to divide their ter- ritory into twelve provinces, under as ma- ny proprietary governors, fubject to one general governor ; and they went fo far as to nominate Gorges, then threefcore years of age, for the perfon, and build a fhip of war, which was to bring him over and remain in the fervice of the country. But the fhip fell and broke in the launch- ing ; and their project not being fuffi- ciently attended to by thofe in power, they were obliged to becontent with fuch grants as they could make, of thofe diftricts, in- to which they had divided the country. That which was made to Mafon com- prehended both his former patents, ex- tended from Naumkeag to Pafcataqua, and fixty miles northweftward within the land, together with the fouth half of the Ifles of Shoals, and ten thoufand acres at Sagadahock ; faving to thofe already fet- tled within thefe limits, the property of their lawful grants on paying " fome " fmall acknowledgment" to the proprie- tor. This grant was dated the twenty- fecond of April *. In June following the council
1635.
Hubbards's MS „ift.
Files ofthe Sup. Cour.
Hubbard's MS Ifift.
# Whether Capt. Mafon had his title confirmed by the king after the furrender of the charter is a point that has been quef- tioned. I thal! here collect what evidence I have met with on both Édes.
n a pamphlet publifhed in 1728, containing a detail of the grants
26
HISTORY OF
1635. L
council furrendered their charter to the king ; and in September Gorges fold to Mafon a tract of land on the northeaft fide of the river Pafcataqua, extending three miles in breadth, and following the courfe of the river from its mouth to its fartheft head, including the faw-mill which had been built at the falls of Newichwannock.
Printed State of Allen's Ti- tle.
But death, which puts an end to the faireft profpects, cut off all the hopes which
Doug. Summary, 1. 4.8. Hift. Maff. 1.317.
grants and tranfactions of Capt. Mafon, it is faid " K. Charles I. " by charter dated Aug. 19, 1635, gives, grants and confirms unto "Capt. John Mafon, then called treafurer and paymafter of his "army, his heirs and affigns, all the aforefaid tract of land grant- " ed to him by the council of Plymouth, by the name of the pro- " vince of New-Hampshire ; with power of government, and as am- " ple jurifdiction and prerogatives as ufed by the bifhop of Dur- " ham ; creating him and his aforefaids absolute lords and proprieters " of the province of New-Hampfhire, with power of conferring " honours," &c. On this authority (I fuppofe ) Douglas has af- ferted the fame thing. On which Hutchinfon remarks " This is " not probable. His heirs were certainly unacquainted with it, " or they would have made mention of it before the king in coun- " cil in 1591." The report of the Lords Chief Juitices in 1677, wherein the feveral grants are recited, makes no mention of this : But on the contrary it is faid, " As to Mr. Mafon's right of govern- " ment within the foil he claimed, their lordfhips, and indeed his " own council, agreed be bad none ; the great council of Plymouth, "under whom he claimed, having no power to transfer govern- " ment to ary." The Lords of Trade in a report to the king in 1753, fay, " It is alledged that this laft grant to Mafon was ratified " and confirmed by the crown, by charter dated Aug. 19, 1635, " with full power of civil jurifdiction and government, but no fuch "' charter as this appears upon record."
None of Mafon's heirs ever attempted to affume government by virtue of fuch a charter, as the heirs of Gorges did in the province of Maine. Robert Mafon was appointed councellor by mandamus, and Samuel Allen, who purchafed the title, was governor by com- miffion from the crown.
There is an original letter in the Recorder's files, written by George Vaughan to Ambrofe Gibbons, both factors for the compa- sy of Laconia, April 10, 1636, long before any controverfy arofe on this point, which may give more light to it than any thing that has yet been publifhed. See Appendix. No XI,
27
1635. Nov. 26,
NEWHAMPSHIRE.
which Mafon had entertained of aggran- dizing his fortune, by the fettlement of New-Hampfhire. By his laft will, which he figned a few days before his death, he difpofed of his American eftate in the fol- lowing manner, viz. ' To the corporation 4 of Lynn Regis in Norfolk the place of ' his nativity, he gave two thoufand acres ' of land in New-Hampfhire, fubject to ' the yearly rent of one penny per acre to
' his heirs, and two fifths of all mines ' royal ; on condition that five families ' fhould within five years be fettled there- ' upon. To his brother in law John Wal- ' lafton, three thoufand acres, fubject to * the yearly rent of one fhilling. To his * grandchild Anne Tufton, ten thoufand ' acres at Sagadahock. To Robert Tufton, ' his grandfon, he gave his manor of ' Mafon-hall, on condition that he fhould ' take the furname of Mafon. He alfo ' gave to his brother Wallafton in truft, ' one thoufand acres for the maintenance " of " an honeft, godly and religious " preacher of God's word ;" and one ' thoufand more for the fupport of a · grammar-fchool ; each of thefe eftates ' to be conveyed to feoffees in truft, ' and their fucceffors, paying annually .' one penny per acre to his heirs. The ' refidue
28
HISTORY OF
1.635. ' refidue of his eftate in New-Hampfhire
' he gave to his grandfon John Tufton,
' he taking the furname of Mafon, and to ' his lawful iffue ; or in want thereof to ' Robert Tufton and his lawful iffue ; or ' in want thereof to Doctor Robert Mafon, " chancellor of the diocefe of Winchefter, ' and his lawful iffue ; or, in want of fuch ' iffue, to his own other right heirs for- ' ever ; provided that it fhould not go out
« of the name of Mafon. The refiduary ' legatee was required to pay five hundred ' pounds out of his eftate to his fifter ' Mary, and all the grandchildren were " to relinquifh their right to one thoufand ' pounds due from this eftate to their fa- ' ther Jofeph Tufton.' The eftate in America was valued in the inventory at ten thoufand pounds fterling.
MS in Sup. Court file ..
The Maffachufetts planters viewed Ma- fon as their enemy, becaufe he with Gorges had privately encouraged fome perfons whom they had cenfured and fent home, to petition againft them as diffaffec- ted to the government ; and had endea- voured to get their charter fet afide, to make way for the fcheme of a general governor *.
But
* Mr. Hubbard relates the following anecdote, without men- Sonic the naixe o: hc perion. "One of the gentlemen who
29
NEW-HAMPSHIRE.
But though Mafon and Gorges had not the fame religious views with the Maffa- chufetts planters, yet their memory de- ferves refpect. They were both heartily engaged in the fettlement of the country ; they funk their eftates in the undertaking, and reaped no profit to themfelves ; yet their enterprizing fpirit excited emulation in others, who had the advantage of im- proving their plans and avoiding their miftakes. Gorges accounted for the ill fuccefs of his adventures in the following manner. 1. He began when there was no hope of any thing for the prefent but lofs ; as he had firft to feek a place ; which, being found, was a wildernefs ; and fo gloomy was the profpect, that he could fcarcely procure any to go, much lefs to refide in it ; and thofe whom he at length fent, could not fubfift but on the provifions with which he fupplied them. 2. He fought not barely his own profit, but
1635. L
Gorge's Narrative, P'. : 9.
" was known to be one of the greateft adverfarles to the affairs of " the Maffachufetts, fell fick and died. In his ficknefs he fert " for the minifter, and bewailed lis enmity against them : And " promifed if he recovered, he would be as good a friend to New - " England, as he had been an enemy ; bat his fatal hour being " come, his purpofes of that nature were cut off. The paffage "aforegoing was certified by letters from lord Say and others to " the governor of New-England about the year 1635." It appears from Governor Winthrop's Journal, that this was Mortor, 1636, " The last winter Capt. Mafor died. He was the chie: " mover, in all attempts againtt us ; and was to have fent the g: ". " eral governor ; and for this end was providing flips. But in. " Lord in mercy taking him anav, all the Lafref: tell ont .:. "
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