USA > New Hampshire > The history of New Hampshire, Volume I > Part 25
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5th. Quarter feffions are come, and there Capt. Bare- foote, Mr. Fryer, Coffin, Greene, Roby, Edgerly, were juftices, Raines was attorny. It was brought in as a plea of the crowne. Mr. Moody pleaded his not beinge ordained, havinge no maintenance according to ftatute and therefore not obliged to that worke which the ftatute required. Befides thefe ftatutes were not made for thefe plafes, the knowne end of there removal hither beinge that they might enjoye liberty in thefe forrin plantatyones which thefe could not have by vertew of the ftatutes at home, and ware allowed to have here, efpecyally our co- mityon grantinge liberty of contyenfe. Thefe things ware pleded, but to no purpofe, after a fhorte pleding and that not withoute many interopyones and fmiles by the prag- matticke, bufey impertenente atturny, he was comited to the marfhall, (viz. Longe Matthews) and held in cuftody that night tho' permitted to lodge at Capt. Stileman's. The juftifes debated a littell, foure of them entered their defente, viz. Mr. Fryer, Greene, Roby, Edgerly, but Capt. Barefoote and Coffin ware for his condemnatyon. Judgment of the cafe, every man's was entered by the fe- cretary over night, but being deferred till nexte morninge
informatyon
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informatyon was given to fomebody who came in and thretned and hectored after fuch a rate that Greene and Roby alfo confented as you fee by the inclofed, and hee was comited to prifon. Petyon was by him made to the courte, and afterwards to the governor, that he might ftep up at nighte to his famely and fettle matters there, and that he mighte not goe into the difmal plafe the common priffon. The court could not, the governor would not of firfte, tho' in fine gave leave to the mar- fhall to droap him at Capt. Stileman's where he is confined to his chamber, tho' not without leave to goe downe ftaircs or into the backfide, and this was done 6th inftante. At night I havinge moved for the takinge of evedenfes, which was in words owned, wente to the fecietary for fummones, intendinge to begin with Lift Haull and Thos. Wiggones, hee refufed to give fummones but firfte (I fuppofe) mufte informe fomebody, I was fent for by the marfhall, huffed and hectored frangely, thret- ned, &c. in fine, mufte give bonds to the good behaviour; I refufed, thereupon he made and figned my mitymos to the prifon, though by the way, I knowe not how, was al- fo droped at and confined to Mr. Moody's chamber, where we have bin this two nightes very chareful together.
Poore Wadlow who was left to the governor's mercy is com oute upon fecurity for forty pounds mony, and your Gove for a like fome, only Wm Partridge is to doe it in worke, buildinge and fenfing, &c. The actyons goe on and are turned of hand apafe, twelve at a clapp, after the ould manner. Roby though a juftis is ftill of the jury. A new tricke is on foote, feverall of us that ware executed upon and paid our mony the firfte fute, are fued againe for illegal witholding poffeffion, tho' the marthall (who was by executyon required to give pof- feffion never came to demand it ; ) the iffue of which wee know not, matters being yet dependinge.
9th .- The prifoners Vaughan and Mr. Moody ware fetched out of prifon to plede there caffes at the courte. Mrs. Cutt, Daniell, John Partridge and myfelf and Mr. Moody ware fued and all cafte, but the lafte who had fomethinge particulerly to faye, and foe he cafte Mr. Mafon, though wee thought wee all faid enoufe to cafte him, viz. that hee had an executyon for the land fued for
and
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and when he levied his executyon mighte have taken the land alfo, with many other things (enofe of wee thought) to have turned the cafe againft him before anny indifer- ent judges and jurors, but thus we are tretted.
But above all our menefter lyes in prifon, and a fam- min of the word of god cominge upon us. No pub- lic worfhip, no preachinge of the word, what ignoranfe profanes and mifery muft needes enfue ! By the premifes you fee what need there is you fhould be vigoros and fpeedy as you maye aboute your bufines to doe what may be to the preventinge of uter ruin.
My imprifonment is a prefente ftop to the getinge what evidenfes is needful, and it's like we fhall not make anny further attempt here, but with what conveniente ex- pedityon will be don what is needful and neceffary. Mr. Martin was fued at the courte in two actyones, one by Mr. Mafon for fines & forfeitures collected and received by him as treafurer from feventy nine to eighty two, and another actyon by the governor for fines, &c. from April eighty two. He is cafte in both actyones to the valew of about feventy pounds, although hepleded that what hee received was difpofed by order of the authority which made him treafurer, and had as good comition from his mageftie as that was in being, neither did it legally appear that eitherMr. Maffon or the governor have anny righte to fines and for- fetures, the kinge appointinge all publicke mony to be difpofed or improved for the fupporte of the government ; however it is but afke and have, there demands in any cafe have the force of an executyon.
10th. The fabath is come but no prechinge at the Banke, nor anny allowed to com to us ; we had none but the fameley with us, the pore peple wantinge for lake of bred. Motyones have bin made that Mr. Moo- dy may goe up and prech on the Lord's daye, tho' hee com downe to the priffon at night, or that naibor minift- ers might be permitted to com and prech, or that the peple might com downe to the priffon and here as many as could, but nothing will doe ; an unparraleled cxam- ple amongft chriftians to have a menefter putt oute and no other way found to fupply his plafe by one menes or other. Mr. Frier was feverely thretned for refufeinge to fubfcribe Mr. Moody's comitment, but hath obtained fairely a difmityon from all publike offices. Juftice Ed-
gerly
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gerly alfo caifhered, and bound over to the quarter fef- fiones. It is faid that juftis Greene is much afflicted for what hee has done, but Roby not. Peter Coffin can fcarfe thow his hed in anny company .*
14th. Nufe came from the fourte at Cafco that there was greate danger of the Indyanes rifinge, which hath occatyoned more finfe and hope it may vanifh.
15th. Good Mrs Martin was buried, being not able to live above one faboth after the fhutting up the dores of the fanQuary. Somebody hath faid the imprifoninge of the minifter is noone of his worke, hee did but con- ftitute the courte, they did it themfelves, tho' alfo hath faid hee would have don it himfelfe if they had not.
17th. Another fad faboth.
18th. Came Mr. Mafon, Barefoote and fecretary, with Thurton, who fwore aginft mee a falfe oath, of which have inclofed a copia. Thurton faid he was fent for on purpofe to give in his teftimony againft mee ; they wente away, and foon after came the inclofed mittimos direct- ed to Mr. Raines hoo is thereff and marthall in Mr. Sheerlock's roome that have bin out of favor of late, though now it is faid in favor but not in plafe againe. Mr. Eftwicke is alfo put oute of all offis. Noote, that when I wente to him for takeinge oathes, hee faid all oathes fhould be taken before the governor and counfells but now could fend to juftifes to doe it. We had for fome nightes our key taken away from the chamber dore about 8 or 9 at nighte but have finfe left off that trade. Sowell of Exeter is ded. Severall overtures ware made this weeke to John Partridge and Win Cotten by Raines to com oute of priffon he giveinge them three monthes time to provide mony or anny other currante paye, tho' they tendered fifh, planke, &c. before they ware put in, they refufed to accept.
24th. This fabboth our wives, children and fervants came downe and fpente the daye with us in our cham- ber, and wee yet here nothinge faid againfte it.
25th.
* Mr. Moody in the church records remar's thus on his judges : " Not "long after Green repented and made his acknowledgement to the paftor " who frankly forgave him. Robie wes excommunicated out of Hamp- " ton church for a common drunkard and died excommunicate, and was "by his friends thrown into a hole near his houfe for fear of an arreft of "his carcafe. Barefoote fell into a languifhing diftemper wherect he " died. Coffin was taken by the Indians (at Cuchecho 1689) his hour- " and mill burnt, himfelf not being flain but difmiffed ; the Lord give
" him repentance, though no figns of it have yet appeared.'
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25th. The marfhall goes and levies upon John the Greeke's fheep and cattle for the executyon, for which hee had laine aboute three weekes in priffon, and then came and ordered him to goe about his bufneffe, 15 fheepe, fundry lambes, and two haifers fezed for fix pounds od mony. This day allfo Mr. Jaffery havinge had fundery warninges the weeke before to clere his houfe becafe Mr. Maffon would com and take poffeffion of it, wente never the les to the Banke upon bufnes ; mene while came Mr. Mafon with the marfhall and turned all his fervants out of dores, fet another locke on the dore, and at night when his fervants came home wett they would not fuffer them to com in, but there lodged Matthews and Thur- ton all nighte. Mr. Mafon faid while aboute this worke that he was forry Wire had no more of this nufe to car- ry hoome with him.
The governor havinge fente to Mr. Cotton, that when he had prepared his foule hee would com and demand the facrament of him as hee had don at Portfmouth al- ready. Mr. Cotton the latter end of the weeke before lafte went to Bofton and has bin oute two Lord's days alredy ; all is well with yours there, foe far as I can learn, I cannot goe to fee elfe might have given them a vifite.
One word more aboute my bufnes. I am under im- prifonment aboute Thurton's bufnefs, being feized by the marfhall and comited when in priffon before for not giveing bond for the good behavior, tho' nothinge charg- ed upon me any more than before, which you well know. I know nothing but they intend to keep mee here end- lefsly ; it's faide I mufte paye one hundred pounds for ftrikeinge one of the king's officers and mufte have my name returned into the exchequer and mufte lye in prif- fon till the mony be paid and I am difcharged from the exchequer. The defigne you may efely fee is to ruine mee, and how vaine my ples will be you maye efely gueffe. Tho' I have manny thinges to faie, viz. that Thurton was ether no officer or at lefte not knowne to be fo, how- ever not fworne, nor did I ftrike him in the hyewaye as hee fweares, nor is there anny proofe but his owne fingle teftimony, which how far it availes in fuch a cafe would be confidered ; it's alfo worthy of inquire whether ever that law was intended for us, here beinge no cuftoms to be gathered, no exchequer to be applyed to, and there-
fore
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fore how thefe methods can be obferved is not intellega- ble. You may efely imagen how things will be if I am forfed to complye with there humors. Pray confult, confider and fee if fomethinge may not be done to putt a ftop to fuch arbetrary profeedings, a triall on the plafe by indifferente unconferned judges and jurors if at lefte there can anny fuch bee found hoo will not be forfed in- to what fome will have done , but I fhall not need to in- ftruet you ; there you have better counfell then I can give you, and of your fedelyty to inquire and remitte by the firfte what is needful on this account I doubte not.
I have given you but a tafte, wee that fee it know more then ean poffibly bee underftood by thofe that only here ; in a word, fuch is the baith of there heat and raidze that there is no livinge for us longe in this condityon. Butt wee hope God will bee feene in the mounte.
I fhould have inferted what fell oute after the defolv- inge of the rebellyous affembly, there was difcourfe of conftables, and infted of the freemen's chufinge as form- erly they tooke a fhorte and cheper courfe, and at the quarter feffions conftables were chofen and to begin with Mr. Speker, he has the honner to be conftable for Portf- moth, Capt. Gerrith, Lt. Nutter and John Woodman for Dover, Smith the cooper for Hampton, John Foul- fham at Exeter. Whether Mr. Speker fhall ferve or fine is not yet determined. And now I am fpekinge of the general affembly, mufte hinte what was formerly forgotten, vz. that they convened on the Mondaye and the choice of the fpeker (there ould one) in words hily approved and he complemented alamode. Then a bill was fent them downe (of which if I can get it being now in priffon fhall inclofe a copia) which they talked a littel of and then brake up for the nighte and went up to the Banke to lodge (the tide ferving very well to goe and com), the report of which hily difgufted, and the next morning the anfwer to the bill vehemently urged, which was in fine a negative. Hereupon in a great raidge telling them they had bin up to confult with Moody an utter enemy to church and coman welth with much of like nature, hee difolved them, which was don on the Tuefday, after which he came up to the Banke and gave order for a facrament on the next Lord's daye as you Kk have
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have herd and fince the affembly men pricked for confta- bles.
By the premifes you will fee how the governor is mak- inge good his word bee came for mony and mony hee will gete, and if hee get it you know hoo muft loofe it, and how miferable mufte our condityon quickly be if there be no remedy quickly provided. Hee contrives and cutts out worke and finds evill inftrewments to make it up, and thefe fom among ourfelves. Thus we arecloven by our own limbes.
28th. - Sinfe Mr. Jaffery was difpoffeffed, Raines offered him for five fhillings per annum quit-rent to Mr. Mafon, hee hould have his houfe againe, provided he would owne him proprietor, but hee refufinge it is faid he fhall never have it againe. The talke is that his houfe mufte be court-houfe and prifon booth, and ftandinge fo nere the governor it is judged futable for booth thofe ends, that he may have the fhorter journey to courte and the prifoners may bee alwaies under his eye.
29th. John the Greeke havinge laine fom weekes in priffon upon executyon, his goods havinge bin levied up- on (as above), was by Raines locked oute of the priffon and bidden to be gon, but he would not, keepes his quart- ers ftill with the other two. This daye his goods was fold by the marthall and bought by Thurton.
Mr. Cotton is com home from Bolton. Grete offence taken here at a fermon hee preched in Bofton on Acts xii. 5. tho' plefing to the hearers.
March 2d. This day Mr. Jeffery's goods ware all turned out of dores by the theriff, &c. his man received and difpofed of them. Againft Jaffery there are two oathes taken, fingle oathes, but beinge for the king will paffe, and orders are given for warrants to apprehend him, he apperes not.
March 5. It is faid that they are goinge this daye to Major Waldrone's to ferve him as they have done Mr. Jaffery, and it's given out that the refte will be treted in like manner ; the courte was adjourned yefterdaye to the nexte month pbably that they mighte levey the execu- tyons that are in banke before they cutt oute anny more worke. Juftis Green feeins fomethinge troubled for fendinge the menefter to priffon, and faith he will never doe fuch a thinge againe, but Peter Coffin faith it is a nine
dayes
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dayes wonder. and will foone be forgotten, but others think otherwife. If they go on thus wee are uterly ruined, mufte goe away or ftarve if at lefte wee be not fo confined that we cannot goe awaye nether. I queftyon whether annie aidge can parralell fuch actyones.
In my lafte I fente you a letter to Sir JOSIAH CHILD my mafter, of which alfo you have another copia here- with. My defigne is that you carry the letter yourfelfe, wait on him while he reades it, and if he will plefe to here you (as I hope hee maye) that you amplyfie matters, in- forme him what further intelligens you have and attend his directyon, if God move his heart to do oughte for us. This daye the governor fente us word by the marfhall that wee muft remove to Mr. Jafferey's houfe to morro, which houfe is made the priffon. Wee hope the nufe of the rifinge of the Indyans will faule to nothinge,
Ditto 5th. Thus far was fente you by waye of Barba- dos. It followes. The governor did faie to a Salem man that Moody might goe out of the prifon, if hee would goe out of the provinfe, but wee here no more finte.
James Robinfon under grete rauth and in much dan- ger only for fpeaking fomething to Thurton (of his being a pittiful fello, &c.) while faid Thurton was active in turning out Mr. Jaffery's goods.
6th. Matthews and Thurton hunted for Mr. Jaffercy, ferched in Mrs. Cutt's houfe, wente into every room a- bove and below ftaires, ferched under her bed where the lay fike in it but found him not. They carried it very rudely and bafely in there worke. Matthews faid he would caitch him or have his harte blud, but hee was not there. Mr. Jafferey's goods were carried to the other fide by nighte.
It is faid that our imprifonment has much [alarmed] thee hoole countrey and made them more fond of ther liberties. This nighte Matthews was beten at Merfore's (fom fudlinge boute its like), but its made a mity thing on, faid to be a deepe, plot, deeper than Gove's managed by ftrong heds, and abundanfe of that nature, and becaufe the perfons conferned ware under the inflewen fe of Vaugh- an and Moody they fhould fuffer for it, for not techinge them better. Tho' wee know no more of it then you, nor is there ought in it worth notis, but thus we are tret - ed. The governor went up to the Banke and made grete
inquiries
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inquiries aboute it. Capt. Pickeringe and others that ware in the fraie are bound over.
7th. They had fix pounds five fhillings of Obadia Mors by waye of executyon. Raines was difcarded beinge put oute of beinge fheriffe, &c. tho' he had his comityon un- der the feale but the other daye. Matthews is made pro- voft marfhall (at lefte) in his roome and Thurton mar- fhall's deputy. Good burds for fuch offifes. Lord have mercy upon us. They had alfo eighteen fhillings from Sam. Cafe, the refte is defered, and hee has put awaye his goods and intends to remove or goe to prifon, and fo wee mufte all.
IIth. The Indyan nufe occatyoned an order to the truftees to get aminityon, they came down and pleded their time was up, it was faid you fhall keepe in during my pleafure. They faid they had no mony of the townes in their hands, nor could anny be raifed withoute a general affembly. Then laye out your owne mony or elfe woe to you ; and this they are faine to comply with.
Hee faid and fwore that if Maffon would not acknow- ledge a judgement nexte courte of fix hundred pounds, he would take all his bufnes from him and few in his owne name. Hee fwore hee would turne out that rooge Ellet who is as bad as anny other.
Mr. Waldron beinge fente for by warrant to com be- fore the juftifes to take the conftables oath, appered be- fore Mr. Maffon and Capt. Barefoot, but excufeinge it and givinge good reafon was difmiffed upon payinge five pounds ; but pore Capt. Barefoot was mofte ferefully rut- ted at for his labor, many oathes fwore that Waldron fhould ether take the oath or ether take up with a goale. The nexte daye (tho' the juftifes hoofe bufnes it is, had fairely difiniffed him) he was convented agane, the oath tender- ed, hee thretned with a priffon imedyately, butt tould them he new the law better than foe, then they tooke his one bond to anfwer it at quarter feffions, and fo far of that matter as yet. Another conftable is chofen, viz. Capt. Pickeringe, tho' hee have as yet waved the oath, haveing lately ferved in that plafe, and pleding his being bound to good behaviour for that lafte fraye. He taulks much of friggets to fcare the pore people.
14th. Counfell fet and could not agree aboute raifinge mony, which hily provoked fomebody. They faid the general affembly only could raife mony.
The
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The governor tould Mr. Jaffery's negro hee mighte goe from his mafter, hee would clere him under hand and fele, fo the fello no more attends his mafter's confernes.
15th. This daye the fecrctary was in a grete raidge turned out of all his offifes exepte fecretary to the counfell, (an emty name, littel profite) and the bookes fente for oute of his hands. Hee is much conferned and dejected.
I am credible informed and you maye beleeve it, that the governor did in the open counfell yefterdaye faye and fware dredfully, that he would put the provinces into the greteft confufion and diffractyon hee could poffibly and then goe away and leve them foe, and then the devel! take them all. Hee alfo then faid that Mr. Maffon faid he ould drive them into a fecond rebellyon, but him- felfe would do it before; and I wonder he has not, fuch aStings are the redy wav, but God, hathkepte us heither to and I hope he will doe fo ftill. Hee alfo faid and [wore that anny perfon that fhould have any manner of converfe with us or any of our mind, he would counte thefn his utter enemies and carry toward them as fuch.
17th. The governor havinge formerly prohibited the prifoners from makinge thingles wente himfelfe this day to the priffon and prohibited John Patridge from make- ing fhoes, bad the marshall throw them into the fea.
This daye Raines beinge not willinge to give up a warrante that he had executed duringe the fhorte time of beinge fheriffe, was fent for by the governor, and not apperinge, the governor came to his chamber and did bete him dredfully, and bad the marfhall carry the rogue to gaile. Hee remaines out of favour ftill. The gov- ernor alfo went over to Capt. Hooke's and got him to give warrants to the conftables on the other fide to ferch all houfes for Mr Jaffery and bring him over, but they found him not, nor is he yet found, tho' proclamatyon was made at Wells courte for his fefare, tho' not yet done.
March 18. This morninge came Matthews to our chamber and faid the governor fente him to carry mee to prifon, where I am, where I ftill ly ; being put in only for Thurton's actyon and kepte in tho' I offered fecure- ty to refpond it. I thinke they have let fall the other a- boute the good behaviour, feeinge they can make noth- inge of it, and before my cominge in John the Grecke's
bed.
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bed, &c. was turned out of priffon and he forfed away, whoo would not depart before.
2 Ift. Mr. Martin came to difcourfe aboute the mony he was cafte for, which they have not yet levied upon him, but intend to laye it upon all the ould counfell e- qually that each maye bare his fhare ; at fame time the governor tould Mr. Martin that hee would fend his exe-
cutyon. Said Mr. Martin, you know it is not my dew to paye the money. No matter (faid he), I wante mo- ny and will have it. But I have none faid hee ; then I will take your houfe. Hee added alfo to Mr. Martin, that hee was a church member and he would watch him and all fuch, and be fure to paye them of if he could caitch them.
22d. The forreft ftorm and the hiefte tide that ever was knowne. Many thoufands of pounds damidge in Bofton and much here. The bridge to the Grete Ifland broaken of in the middle to the grete joy of many.
24th. The governor wente to Bofton in Foxe's floop, intendinge thenfe to New-Yorke, pretendinge to difcorfe Colonall Dungham and bringe downe two hundred Mow- hawkes to kill the eftward Indyanes. What is at the botham or will be the ifshew God knowes. Hee had a could trete at Bofton, ftaidd not a nighte in towne. Sinfe his goinge we have had littel nufe worthy of your notis, but all things have bin very quiet hethertoo.
I have not inlarged upon thefe particulers to my maf- ter CHILD, but if hee will take anny notis of the thinge and be confernd aboute it hee will then give you oppertu- nyty of difcourfeing him, and you maye informe what is further neetdfull.
3Ift. This month paffed oute and the other came in without anny noife, unles the grete joye that was at the Banke by Mr. Moodye's going up thether and my go- inge onfe or twice after with our keepers, by Mr. Mafon's permityon who prefides in the governor's abfence ; but wee foone : eturned to the plafe from whenfe wee came.
April 8th. Nath. Fox who married Mrs Stileman's dafter fent Matthews to arrefte Capt. Stileman for his wive's portyon (tho' it was often tendred him in fuch paye as the courte ordered it, but hee would have it in mony.) Capt. Stileman gave his own houfe and all that was in it for fecurety to anfwer the actyon, but Mat-
thews
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thews bringinge Thurton with him at his inftegatyon, who was terrebly infolente, they arefted the woman Mrs Stileman and carried her to prifon with much violenfe and courfe ufadge, the' her husband had given fecurety. Shee was carried in the evening. Capt. Stileman wrote to Mr. Mafon, he protefted againft it and wrote to the mar- fhall, it would not doe. He wente againe and Mr. Maffon wroote againe, but no purpofe, they kept her there till the nexte morning ; a thinge not to be paralled in the Englifh nation ! Complainte hath bin made but no remedy. Abbot beinge up at the Banke with mee, Thurton tooke the key of the priffon, and when Abbot came would not permitt him to goe in, but turned him awaye. Brave doings ! No tunge can tell the horrible imperyoufnefs and domanereinge carridge of that wretch. The nexte morninge Mr. Maffon (much a doe) got Mrs Stileman oute and the gaillor into his plafe againe.
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