USA > New Hampshire > The history of New Hampshire, Volume I > Part 21
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That the above is all truth wee affirme, and by the defire of Capt. Walter Nele and Capt. Thos. Wiggen nee
APPENDIX.
wee have ordered this wrighting to ly in our files of re- cords of their doings therein. In witnefs whereof wee have hereunto fett our hands and feles at Gorgeana, in the province of Maine, in New-England, 20th Auguft 1633.
RICH. VINES, (Seal. ) HENRY JOCELYN, (Seal.)
No. VII.
An original letter, from Sir F. Gorges and Capt. Mafon to Mefrs Wannerton and Gibbins.
Mr. Wannerton and Mr. Gibbons,
T HESE are to let you know that wee with the con- fent of the reft of our partners have made a divifion ot all our land lying on the north eaft fide of the harbor and river of Pafcattaway ; of the quantities of which lands and bounds agreed upon for every man's part we fend you a coppie of the draft, defiring your furtherance with the advice of Capt. Norton and Mr. Godfrey to fet out the lynes of divifion betwixt our lands and the lands of our partners next adjoining, becaufe we have not onlie each of us fhipped people prefent to plant upon our owne landes at our owne charge, but have given direction to in- vite and authoritie to receive fuch others as may be had to be tenants, to plant and live there for the more fpeedie peo- pling of the countrie. And whereas there is belonging unto me Sr Ferdinando Gorges, and unto Capt. Mafon for himfelf and for Mr. John Cotton and his deceafed brother Mr. William Cotton both whofe interefts Capt. Mafon hath bought, the one halfe of all matters men- tioned in the inventorie of houlhold ftuffe and imple- ments left in truft with you by Capt. Neale, where un- to you have fubferibed your names and whereof a coppie is herewith fent, we defire you to caufe an equal divifion as neere as poffiblie may to be made of all the faied mat- ters menconed in the inventorie in kinde, or if fome of them cannot be fo divided then the one halfe to be made equal to the other in valew of all the faied matters, ex- cept the cattell and fuites of apparell and fuch other things as belong perticularly to Cap :. Mafon, and to de- liver the faid one halfe of all the faied matters foe to be divided, unto Mr. Henry Jocelyn for the ufe of our plan- tations, taking an inventory thereof under his hand of all you fhall foe deliver hime, and making certificate to us
thereof.
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thereof. And for your foe doeing this fhall be your fuf- ficient warrant and difcharge. And foe we reft,
Your verie lovinge friends,
Portfmouth, Maye 5, FERDIN. GORGE, 1634. JOHN MASON.
No. VIII.
An original letter from Capt. Mafon to Gibbins. Mr. Gibbins,
T HESE people and provifions which I have now fent with Mr. Jocelyne are to fett upp two mills upon my own divifion of landes lately agreed upon betwixt our adventurers ; but I thinke not any of them will adven- ture this yeare tc the plantation befides Sr Ferdinando Gorges and myfelf, for which I am forrye in that fo good a bufines (albeit hitherto it hath bene unprofitable) fhould be fubject to fall to the ground . Therefore I have ftrayn- ed myfelf to doe this at this prefent, and could have withed that the reft would have joyned to have fent you fome provifions for trade and fupport of the place, but that faileing I have directed to you as a token from my- felfe one hogfhead of mault to make you fome beare. The fervants with you and fuch others as remaine upon the companies chardge are to be difcharged and payed their wages out of the ftocke of beaver in your hands at the rate of 12 s. the pound, whereof I thinke the compa- ny will write you more at large. And wee have agreed to devide all our moveables mentioned in the inventory that Capt. Neale brought home, which were left in truft with you and Mr. Wannerton. I bought Mr. Cotton's and his brother's parte of all their adventures ; fo that the halfe of all belongs to Sr Ferdinando Gorges and myfelfe, and of that halfe three quarters wil be dewe to me and one quarter to Sr Ferdinando. Thefe things being e- qually divided they are to be delivered to Mr. Joceline, my three parts of the halfe, and the other fourth to whom Sr Ferdinando fhall appointe. And you muft afford my people fome houfe roome in Newichewannocke houfe, and the cowes and goates which are all mine, and 14 fwine with their increafe, fome ground to be uppon till wee have fome place provided upon my new divided land, or that you receive my further order. A copie of the di- vifion of the landes is herewith fent unto you.
The ftockinges and the mault and the fuites of cloathes
and
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and fuggar and rayfinges and wine that was delivered by Mr. Bright and Mr. Lewes I have not received any fa- tisfaction for, wherein I muft crave your helpe and fuch fatisfaction as may be fent by this fhipp.
The chriftall floanes you fent are of little or no valew unless they were fo great to make drinking cuppes or fome other workes, as pillers for faire lookeinge glafes or for garnifhinge of rich ca- binets. Good iron or lead oare I should like better of if it could be found.
I have difburfed a great deale of money in your planta- tion and never received one penny, but hope if there were once a difcoverie of the lakes that I Should in fome reafonable time be reimbursed again. I pray you helpe the mr what you-can to fome of the beft iron ftoane for ballaft, and in cafehe want other ladeinge to fill the fhipp upp with ftockes of cyprefs wood and cedar. Let me hear from you of all matters neceffary, and wherein I maye doe you any pleafure I fhall be reddie, and fo with my heartie commen- dations, I reft your verie loving friend,
Portfmouth, May 5th, 1634. JOHN MASON.
(Received 10th July, 1634.)
No. IX. Anfiver to the foregoing.
SIR,
Y OUR worfhip have done well in fetting forward your plantacon, and for your milles they will prove bene- ficial unto you, by God's affiftance. I would you had taken this coorfe fooner, for the merchants I fhall be very cautyoufe how I deale with any of them while I live. But God's will be done. I and the world doth judge that I could not in thefe my dayes have fpent my time for noethinge. For their fending trade and fupport I defire it not. I have fupported but now fonke under my bur- then, the more I thinke on this, the more is my griefe.
I have received the hogfd. of mault that you fent me, giveing you humble thanks for the fame. The fervants that were with me are difcharged and payd their wages for the yeare paft and I have delivered unto Mr. Wannerton 43lb. of beaver to pay thofe that were with him for the year paft. For the paying of the fervants there old wa- ges or the dividing of the goods I expect a general letter, if not, then to heare further from your worthippe. Your carpenters are with me and I will further them the beft I
can.
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can. Capt. Neale appoynted me two of your goates to keepe, at his departinge, I praife God they are 4. Of the goods that Mr. Bright left I onely recd. of Capt. Neale 4 bufhels of mault and at several times 8 gallons of facke, and from Mr. Wannerton 7 bufhels and one peck of mault, 5lb. and { of fugar and 3 pr. of children ftockings and 97lb of beefe which was of an old cow that Mr. Wannerton killed, being doubtfull that fhe would not live over the winter. For thefe I will pay Mr. Jocelin for you.
I percieve you have a great mynd to the lakes, and I as great a will to afift you. If I had 2 horfes and 3 men with 7h: I would by God's helpe foon refolve you of the Situation of it, but not to live there myfelfe.
The Pide-Cow, arrived the eighth ot Julie, the 13th day the caft anchor fome halfe a mile from the falls, the 18th day the fhippe unladen, the 19th fell down the river, the 22d day the carpenters began about the mill, the 5th of Auguft the iron ftoane taken in the fhippe. There is of 3 forts, on fort that the myne doth caft fourth as the tree doth gum, which is fent in a rundit. On of the other forts we take to be very rich, there is great ftore of it. For the other I know not ; but may it pleafe you to take notice of the waight and meafure of every fort, before it goeth into the furnace and what the ftone of fuch weight and meafure will yeeld in iron. This that 'e take to be the beft ftone is one mile to the fouthward of the great houfe*, it is fome 200 rodd in length 6 foote wide, the depth we know not, for want of tools for that purpofe we tooke onely the furface of the mine.
I have paled in a piece of ground and planted it. Ifit pleafe God to fend us a drie time I hope there will be 8 or IO quarters of corne. You have heare at the great houfe 9 cows, I bull, 4 calves of the laft yeare and 9 of this yeare ; they prove very well, farre better than ever was expected, they are as good as your ordinary cattle in England, and the goates prove fome of them very well both for milk and breed. If you did fend a fhippe for the Weftern Iflands of fix fcore tunne or thereabouts for cowes and goates it would be profitable for you. A flocke of iron worke to be put away with your boardes from the mill will be good, nayles, fpikes, lockes, hin- ges, iron works for boates and pinaces, twine, canvis, D d needles
* The great houfe ftood oppofite to the houfe of Mr. Temple Knight.
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APPENDIX.
needles and cordage, pitch and tarre, graples, ankers, and neceffarys for that purpofe.
Sr, I have written unto Mr. John Round to repair un- to your worfhip ; he is a filver fmith by his trade but hath fpent much time and meanes about iron, may it pleafe you to fend for him, he dwelleth in Mogul ftreet, if you are acquainted with any finer or mettle man en- quire of him and as you fee caufe fend for him, he is well feene in all mineralls ; if you deale with him he will give you a good light for your proceedings.
The 6th of Auguft, the fhippe ready to fet fayle for Sa- co to load cloave bords and pipe ftaves. A good huf- band with his wife to tend the cattle and to make butter and cheefe will be profitable, for maides they are foone gone in this country. For the reft I hope Mr. Jocelyn for your own particulars will fatisfye you for I have not power to examine it. This with my humble fervice to your worfhip, I reft, Your ever loving fervant, Newichawanock,
the 6th of Auguft, 1634. AMBROSE GIBBINS.
No. X.
An original letter from G. Vaughan to Mr. Gibbins. Mr. Gibbens, Bofton, Aug. zo, 1634.
W
E only wait for a fair wind. Ifhall acquaint Mr. Mafon and the reft of the owners fully of what you and I have formerly difcourft, and if they give mee incouradgment hope fhall fee you againe the next yeare. Lookeing over my papers found the inclofed, it being the divifyon of the townes, and the copia of what Capt. Nele and Capt. Wiggens wroat hoome to the pat- tentes of Laconiah and Hilton's Point. It may be of fom ufe to you hereafter, therefore fent it you, leffe Capt. Wig- gens Should make another bluffer. Which with my kind love to you and your fpoufe and little Beck,
I am your affured frend, GEORGE VAUGHAN.
No. XI. Another from the faine. W Loving frend Gibbens, London, 10th April, 1636. EE put into Ireland goinge home, and there was taken fike and lefte behind, and laye fo long be- fore I got well that it was the latter end of December lafte
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APPENDIX.
lafte before I got to London, and Mr. Mafon was ded. But I fpoke with Sr Ferdinando Gorges and the cther owners, but they gave me no incouradgment for New- England. I acquainted them fully of what you and I difcourfed, but they were quite could in that matter, Mr. Mafon being ded and Sr Ferdinando minding only his one divitvon. He teles me he is a geting a pattente for it from the king from Pafcataqua to Sagadehocke, and that betweene Meremacke and Pifcataqua he left for Mr. Ma- fon, who if hee had lived would atooke a pattent fort hat alfo, and fo I fupofe the affairs of Laconia is ded alfo. I in- tend to goe for the Eaft Indyes, a frend of mine have made mee a very good proffer and I thinke to take up with it. Which is what offers at prefent. Thus with my kind love to you and your wife and daughter,
I am your loving frend, GEORGE VAUGHAN,
N. B. The ten preceding papers are in the recorder's office for Rockingham conuty.
No. XII.
Copy of a report of a Committee of Reference on the petition of Rob, Mafon, Edward Godfrey, and others to the king, [in 166[.]
To the Kinges moft excellent Mageltie,
A CCORDING to your magefties reference upon the petition of Robert Mafon, Edward Godfrey, and others, hereunto annexed, bearing date at Whitehall the feventeenth of November 1660, wee have heard the claims and complaints of the peticoners, and alfo fum- moned by procefs publicquely executed at the Exchange on the 2 Ift day of January laft againft all perfons intereft- ed in that bufinefs, but none appeared but Capt. Jno. Leverett, who acknowledged that formerly he was com- miffionated as an agent of the corporacon of Bofton in New-England, but that now he had noe authority to ap- peare or act on their behalf.
Upon producing of divers letters pattents and exami- nacon of witneffes, wee finde, That Capt. Jno. Mafon, grandfather to Robert Mafon one of the peticoners, and Edward Godfrey another of the peticoners, by virtue of feveral letters pattents under the great feale of England granted unto them and others by your majefties late roy- al father, by themfelves and their affignes have been in actual and quiet poffeffion of feveral tracts parfells and
divifions
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APPENDIX.
divifions of land in New-England, as in and by the faid letters patents is particularly expreffed, and that the faid Capt. Jno. Mafon and the faid Edward Godfrey did ex- pend and lay outt confiderable fums of money in fettling plantacons and collonys there ; That the faid Edward Godfrey has lived there for five and twenty years. hav- ing undergone and difcharged the office of governor of the province of Mayne with much reputacon of integrity and juftice, endeavouring the regulacon and government of thofe partes where he lives according to the known and fettled lawes of this kingdome ; That notwithftand- ing, the faid Edward Godfrey has not only been turned out of his faid place of governor, butt has been utterly outed and difpoffeffed of his lands and eftate in that country, which the inhabitants of the Maffachufetts have forcibly feized and ftill doe detayne the fame from him ; That it appears as well by teftimony of witneffes as by a coppy of the letters pattents that they were not to act any thing repugnant to the lawes of England, nor to extend their bounds and limits of the faid corporacon farther than three miles nortward of Merrymacke river, and as a memorial and evidence thereof, the governor of the Maf- fachufetts did fett up an houfe about thirty yeares fince, which is called the bound boufe, and is knowne by that name to this day, and with this divifion and affignment or lott of land the inhabitants and pattentees of the faid corporacon of the Manfachufetts refted content for the fpace of fixteen years together, until about the year 1652 they did enlarge and ftretch their line about threefcore miles beyond their known and fettled bounds aforefaid ; and have thereby not only invaded and incroached upon the plantacons and inheritances of the petitioners and other your majefties fubjects, but by menaces and armed forces compelled them to fubmitt to their ufurped and arbitrary government which they have declared to be in- dependent of this your majefties crowne of England, and not funordinate thereunto.
It appears further by the witneffes that the collony of Maffachufetts has for thefe many years paft endeavourcd to modell and contrive themfelves into a free ftate or commonwealth without any relacon to the crowne of England, affuming on themfelves the name and ftile of a commonwealth, iffuing of writs in their owne name, im-
pofing
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pofing of cathes to be true unto themfelves contrary to that of allegiance, coyning of money with their owne ftamps and fignatures, exercifing an arbitrary power over the eftates and perfons of all fuch as fubmit not unto their government allowing them noe appeales to England. And fome have been foe bold as publiquely to affirme, that if his majeftie fhould fend them a governor, that the feverall townes and churches throughout the whole coun - try under their government did refolve to oppofe him, and others have faid that before they of New-Englan'd would or fhould fubmitt to any appeale to England they would fell that country or plantacon to the king of Spaine .*
That by reafon of the premifes the faid Rob. Mafon and Ed- ward Godfrey have been damnified in their plantacons and eitates to the value of five thoufand pounds, according to the judgment and eftimacon of feverall witneffes examin- ed in that behalfe. But by what pretence of right or au- thority the Maffachufetts have taken uppon them to pre- ceede and act in fuch manner doth not appeare to us.
All which we moft humbly reprefent to your majeftie in duty and obedience to your commands, not prefuming to offer any opinion in a bufinefs of foe high importance, wherein the publique intereft and government of your majeftie appears foe much intermixt and concerned with the private intereft of the peticoners.
Robt. Mafon, G. Sweit, Ja. Bunce, Richard Faxe,
Th. Exton, Jo. Mylles.
The. Povey.
[ Without date ] in the recorder's office for Rockingham county.
No. XIII. To the King's moit excellent Majefty.
The humble petition of Robert Mafon, proprietor of the province of New-Hampshire, in New-England, Sheweth.
T HAT your majefty's royal grandfather king James, of ever bleffed memory, did by his highnefs letters patents under the great feale of England, bearing date at Weftminfter the third day of November, in theeighteenth yeare of his reigne, give, grant and confirm unto feveral of the principal nobility and gentry of this kingdome by
the
* Vide. Huth. Cullee. Pap. p 339,
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APPENDIX.
the name of the council of New-England, their fucceffors and affignes forever, all the land in America lying between the degrees of 40 and 48 north latitude, by the name of New-England, to be held in fee, with many royal privi- leges and immunities, only paying to his majefty, his heis and fucceffors, one fift part of all the oare of gold and filver that fhould at any time be found upon faid lands, as by the faid letters patents doth at large appeare.
That John Mafon, efq. your petitioner's grandfather, by virtue of feveral grants from the faid councell of New- England, under theire common feale, bearing date the 9th of March 1621, the 10th of Auguft 1622, the 7th of November 1629, and the 22d of April 1635, was inftated in fee in a great tract of land in New-England by the name of New-Hampfhire, lycing upon the fea-coaft be- tween the rivers of Naumkeek and Pafcataway, and runn- ing up into the land weftward threefcore miles, with all the iflands lying within five leagues diftance of any part thereof, and alfo the fouth halfe of the Ifles of Shoals ; and alfo the faid John Mafon together with Sir Ferdinan- do Gorges, knt. was enfeoffed by the aforefaid councell of New-England in other lands by the name of Laconia by their deed bearing date the 27th day of November, 1629, the faid lands lyeing and bordering upon the great lakes and rivers of the Iroquois and other nations adjoining. All which faid lands to be held as fully, freely, in as large, ample and beneficial manner and forme to all intents and purpofes whatfoever as the faid councell of New-Eng- land by virtue of his majefty's faid letters patents might or ought to hold and enjoye the fame, as by the faid fev- eral grants appeares.
Whereupon your petitioner's faid grandfather did ex- pend upwards of twenty two thoufand pounds in tranf- porting people, building houfes, forts, and magazines, furnifhing them with great ftore of armes of all forts, with artillery great and fmall, for defence and protection of his fervants and tenants, with all other neceffary commodi- ties and materialls for eftablithing a fettled plantation.
That in the year 1628, in the fourth year of the reigne of your majefty's royal father, fome perfons did furreptiti- ouily and unknown to the faid councell, get the feale of the faid councell affixed to a grant of certaine lands, where- of the greateft part were folemnly paft unto your peti- tioner's grandfather and others long before, and foone af-
ter
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APPENDIX.
did the fame perfons by their fubtil practifes get a confir- mation of the faid grant under the great feale of England, as a corporation by the name of THE CORPORA- TION OF THE MASSACHUSETTS BAY IN NEW-ENGLAND, your majesty's royal father being un- witting thereof, and having thus by fraud obteyned a grant and confirmation, they compelled the rightfull inhabitants. to defert their plantations, and by many outragious ac- tions they became poffeffed of that part of the country, declareing themfelves to be a free people, frameing to themfelves new lawes, with new methods in religion ab- folutely contrary to the lawes and cuftomes of this your majefty's realme of England, punifhing diverfe that would not approve thereof, fome by whipping, others by burn- ing their houfes, and fome by banifhing, and the like.
At laft the complaints of the oppreffed fubjects reach- ing the eares of your royal father, his magefty caufed the whole matter to be examined before his moft honoura- ble privy councell and all being fully proved, his majefty did command the councell of New-England to give an account by what authority, or by whofe procurement thofe people of the Maffachufetts Bay were fent over, his majefty concieving the faid councell to be guilty thereof.
But the faid councell of New-England made it plainley to appear to his majefty that they were ignorant of the whole matter and that they had noe fhare in the evils committed and wholly difclaimed the fame, and the faid councell finding they had not fufficient means to give re- drefs and rectify what was bro't to ruine, they humbly re- ferred to his majefty to doe therein as he pleafed and there- upon the faid councell of New-England refolved to re- fign, and did actually refigne the great charter of New- England into his majefty's royal handes, feeing there was an abfolute neceffity for his majesty to take the manage- ment of that country to himfelf, it being become a bufi- nefs of high confequence and only to be remedied by his fovereign power, all which appears by the declaration of the councell of New-England dated the 25th of April, 1635, together with the act of furrender of the great charter of New-England dated the 7th day of June the fame year.
That immediately thereupon, his majefty in trinity terme 1635, caufed a quo warranto to be brought up by Sir John Banks his majefty's then attorney general againft
the
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the governor, deputy governor and every of the affiftants of the faid corporation of Maffachufetts in New-England feverally, according to their names mentioned in the faid patents of incorporation, being twenty fix perfons, where- of two being dead, of the remayning twenty four perfons, there did fourteen at feveral times appeare at the king's bench bar and there difclaimed the charter, the remaining tenn perfons were outlawed, and thereupon judgment giv- en for the king, that the liberties and franchifes. of the faid corporation of Maffachufetts Bay fhould be feized into the king's handes and the body of the governor to be taken in- to cuftody for ufurping the faid liberties, all which appears by the roles in the crown office, of cuftos brevium for the king's bench of the proceedings in the feveral terms from the yeare 163-5 to 1637.
That thereupon his faid royall majefty on the 3d day of May 1637, did order in councell that the attorney genl. be required to call for the faid patent and prefent the fame to the board, and his majefty by his declaration of the 23d of July 1637, in the 13th yeare of his reigne declared his royal pleafure for eftablithing a generall government in his territory of New-England for the prevention of the evils that otherwife might enfue for default thereof, there- by declaring Sr Ferdinando Gorges to be governor gene- rall of the whole country and requiring all perfons to give theire obediance accordingly.
That the warrs and troubles immediately enfueing in Scotland and prefently after here in England did hinder his faid majefty from fettling that country or profecuting the right which he intended his fubjects, however the pro- ceedings of his majefty caufed fome reftraint to the fur- ther violences and oppreffions of the faid Maffachufetts; and they conteyned themfelves for a time within their pretended bounds but noe fooner was that king of bleffed memory your royal farther become a facrifice but they re- newed theire former violences by oppreffing all the other colonies and defigning by encouragement from fome in England to erect themfelves into a commonwealth, and in order to lay a foundation for this power and dominion which they now afpired unto they thought it neceffary to extend theire bounds and fpread into a larger .territory then as yet they had ufurped, and that this work might not be done without a mafk or color of right they do in
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