USA > New Hampshire > The history of New Hampshire, Volume I > Part 26
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27
Mr. Maffon gave leve for anny minifter to com and pretch at the Banke, fo that we got Mr. Phillops for two Lord's dayes, viz. 13th and 20th, haveing bin nine Lord's dayes without a fermone.
April 14th. Game H. Greene to Mr. Moody's chamber and made a confeffion of his faulte and begged his pardon for putting him in prifon, and faid hee would get him oute at quarter feffiones, &c. Good words, butt Capt. Barefoote went to the priffon and tould John Part- ridge that if hee would give an order to allow fo much as his charges came to oute of what the provines owed him aboute Gove, for the fouldyers, &c. hee fhould come oute of priffon, and they would paye him the remainder, the hoole beinge aboute thurty pounds, but hee was not forward lefte hee fhould in fo doinge quitt them of falfe impriffoninge him ; but if they would doe it themfelves ftop fo they mighte. Nothing is done in it.
15th. Matthews and Thurton ware fente to Hamton to levie executyones and ferve attatchments and warne ju- reymen for the courte in May.
They arrefted feaven, amonge which Capten Shour- borne one, warned the ould jureymen, executed upon Wm Sanborne, tooke foure oxen which ware redeemed by mony, drove away feven cowes from Nath. Batchelor, wente to your houfe, met your fon Peter goinge with his foure oxen into the woods, commanded him to turn the
cxen
1xx
APPENDIX.
oxen hoome, he would not ; they curfed, fwore, drew upon him, thretned to run him through, bette him, but hee did not ftrike againe. They came to your houfe, ware fhutt oute, your wife ferefully fcared for fere of her fon who was oute with them. At length fhee lett them in, laid three pounds on the table which they tooke and then le- vied on feverall young cattel but relefed and lefte them. Your fon came hether to advife, but complaininge is bootlefs, fuch a difmal cafe are wee in. They tooke a- waye two bedds from ould Perkins, but his fon offered his perfon and they tooke it and quitted the other ; what more they did there wee as yet here not.
Capt. Gerith, John Woodman, Liften. Nutter and Nath. Batchelor are fworne conftables.
17th. I went to Mr. Maffon at Capt. Barefoote's houfe and had feverall witneffes with mee, and defired him to take depofityones that I mighte fend them hoome, aboute my cafe and the refte of the cafes, butt hee refufed. The governor had putt mee in priffon when I afked him, and now in his abfents the deputy governor dentes to grant them. I hope this will be matter of jufte complainte, that we fhould be hindered from applyinge to his ma- jefty for relefe under our oppreffiones. You will have ev- edenfe of his denial fente home, fworne before fom of the Baye mageftrates ; wee can doe no more unles the Baye fhould affifte us, which they are loath to doe and wee are loth to putt them upon as matters are furcom- ftanfed with them ; but wee thinke it thould be taken ve- ry hainoufly by all that love juftis and willinge to adme- nefter it, that his majefties fubjeSts fhould bee thus treat- ed. Surely they are afraid or afhamed of there actyones (and they maye be boath} elfe they would not be fo fhye of having them knowne.
This is what offers here, what moore neidfull coz Waldron will advife from Bofton. With dew refpests semaine,
Your affured friend and fervant.
For Mr. Nath. Wire, in London.
A difcourfe with the governor aboute my imprifonment, May 84. [ Subjoined to the foregoing letter. ]
AT a feffiones held the 6th May, 1684, I was denied counfell, and to have witneffes fworne. Mr. Waldron, Captain Stileman and Captain Frofte were prefented.
10th.
APPENDIX. Ixxi
10th. The governor was with me in prifon. Mr. Chamberlin, Mr. Hinkes and Mr. Sherloake with him.
The governor profered mee (that whereas I was fined by the juftices in Thurton's cafe, that I might thinke they had not done mee rite) that if I would profecute it (giveing fecurety fo to doe,) in the king's bench at Weft- minfter, the exchequer, or before kinge and counfell, I fhould ; though by his comityon hee could not do it. My anfer was, unles I could have fecurety given mee that in cafe I fhould recover, I might have my charge and damidge made mee good, it would be of no benefit to mee. He faid there was no refon for that, becafe it was for the kinge; though it was his becafe Mr. Mafon had refignd up to the kinge all fines and forfitures and the kinge had given it to him. But he faid if I would depo- fite a valuable fom hee would doe the like and would give bond, and have it tried as abovefaid. My anfwer was I thoughte the forty pounds was enofe and that I expected executyon would com oute at the time, and fhould endevour by the time to provide enofe for it, but withal tould the governor it was at his liberty to remit it if he pleafed by vertue of his comityon.
Allfo for my beinge in prifon for not giveing bond for my good behaviour, when the feffiones came I was not broughte to my triall for that, but remanded to priffon again.
At ditto time the governor tould mee hee had put me in priffon on that account, and hee would abide by it till I would give two hundred pound bound. My anfer was I had rather ly in priffon then give bond to tempt fuch a fello as Thurton, (or fuch others) that had tworne againfte me alredy, and falfly, and judged it might be no fcruple to him to doe the like again. And withal tould him that if his honner plefed to let inee oute of priffon, I would ingaidge myfelf by bond to live oute of the pro- vines, though that would be very detrementall to my conferns and by that I hoped he would have no thoughts of my mifbehaveinge myfelfe, that would be detrementall to the kinges governmente here or himfelf. Not that I fcrupled giveinge bond for my good behaviour, though not accufed for anny thinge but for layeing a temptatyon to fom bafe minded perfon or perfons to forfware them- felves, as one had done before in another cafe relateinge to me. L1
May
Ixxii
APPENDIX.
May 12th. Was informed that whereas Thurton had a comityon to be priffon keeper, (and withal had vapor- ed and faid the pritfon was to good for Vaughan, and the room that hee had fited up did intend to keepe it himfelfe and that V. fhould take his quarters where he would affigne it, and that the prifoners fhould not be waited on as Abbot had done, for he would keep them looked up, only com morninge and eveninge) lofte his poaket booke wherein was his comityon and fundry pa- pors of confernment.
N. B. The original of this letter and journal is in the hands of the Honorable Prefident Weare.
No. XXXII.
Copy of a letter from the governor and council to the lords of trade. [Council records. ]
Province of New Hampshire, May 23, 1684. May it pleafe your lordfhips,
S
INCE Robert Wadly is returned from England hav- ing lately had an appeal difmiffed by the council board, by taking advantage of Mr. Randolph's abfence, who was atturney for the parties, he hath put the people of this province into fuch a ferment and diforder that it is not poffible to put his majefty's commands in execucon or any ways govern them. And tho' notwithftanding in obedience to your lordfhips commands we have called an affembly (a copy of the proclamation for that pur- pofe being herein' inclofed) we cannot think it prudent or late to let them fit ; they being of the fame ill humour or worfe as when Gove went into arms, his defign being hatch'd at the time the affembly fate. And it looks more like a defign, they having thofe four conftables into the affembly that the kings peace may not be preferved (the whole number of the affembly being eleven : ) This WVadly being formerly an affembly man and hath three fons condemned in Gove's rebellion (and himfelf now chofer again ) the oldeft of them I have pardoned, one of them is dead and the other I keep in prifon till 1 receive your ordfhips further order, all the other offenders being par- doned. Major Waldron's fon is conftantly of the affem- bly and fpeaker (this being the third that hath been call- ed) I with his majefties clemency do not caufe fome great mifchief to be done herc. They have never given tws
pence*
Ixxiii
APPENDIX.
pence* to the fupport of the government and that very rate that was made in the time of prefident Cutt and Waldron we have according to his majefties royal com- miffion continued ; but do not think it fafe to publifh it, unleffe we had ftrength to countenance our proceedings. This we conceived our duty to inform your lordfhips, and are,
May it.plcafe your lordfhips,
Your moft humble and moft obedient fervants, The appllants claim by grant from Mr. Ma- EDW. CRANFIELD, 1 ROBt. MASON, don ; and as for Wad- ley he hath been thefe WALT. BAREFOOT, R. - CHAMBERLAIN, fixteen dayes in the countrye, and tho' I JOHN HINKS, JAMES SHERLOCK, have heard much of him, I have not yet feen him. ..
To the right honble. the lords of the comittee of trade and plantacon, at Whitehall.
No. XXXIII. Copy of a letter from Cranfield to Sir Leoline Jenkins of the fame date. ( Council Records. )
May it pleafe your honour,
WE E humbly beg after your honour hath perufed this letter to the lords of the council, you would be pleafed to lay it before their lordfhips and defire their lordfhips to come to fome fpeedy refolution ; for it is no longer in my power to promote the honour and intereft of his majefty here, without a fmall fregate to fecond his majefty's broad feal and other his royal commands. As 10 the pirates your honour may be affured that myfelf and the council will punifh them according to their de- merits, if they fhall at any time happen to come within this jurisdiction ; and carefully obey all other commands which fhall be fent unto,
May it picafe your honour, your honour's moft hum- ble and moft obedient fervant,
EDW. CRANFIELD.
I moft humbly befeech your honour by the firft oppor- tunity, to fend the king's letter to give me liberty to go off
* The first afembly voted two hundred pounds to the governor, but it is Dot certain he received it though he contented to the zel,
Ixxiv
APPENDIX.
off to Jamaica or Barbadoes for my health ; finding fo great a weaknefs in my legs, which indifpofition hath bin contracted by the feverity of the cold.
To the Right Honourable Sir Leoline Jenkins one of his majefty's principal fecretaries of ftate at Whitehall. 3 [ The two preceding papers are in the council minutes 2d Book. ]
No. XXXIV.
Copy of Mr. Weare's first complaint against Cranfield. To the king's moft excellent majefty and the lords of his moft honourable privy councill.
"THE humble reprefentation of Nathanael Weare, inhabitant and planter in your majefty's province of New-Hampshire in New-England in America, on be- half of himfelf and other your majefty's loyal fubjects, inhabitants and planters there, whofe names are fubfcrib- ed to the four annexed petitions, as follows :
I. That the hon. Edward Cranfield, Efq. your majef- ty's governor of the faid province, upon his firft entrance on that government, in order to the enlargement of his power as governor there beyond the juft bounds and lim- its your majesty was by your royal commiffion pleafed to fett him, and to engrofs the whole power of erecting courts, with all neceffary fees, powers and authorityes thereto into his owne hands, exclufive of the general af- fembly there. The faid Mr. Cranfield at the firft general affembly there, when the words of his commiffion ranne, " And wee doe hereby give and grant unto you full pow- " er and authority to erest or conflitute and eftablifh fuch " and foe many courts of judicature and publique juftice " within the faid province and plantacon within your " government, as you and they fhall think fit and neceffa- " ry for the hearing and determining of all caufes, as well " criminall as civill, according to law and equity, and for " awarding execucon thereupon, with all reafonable and " neceilary powers, authorityes, fees and priviledges be- " longing unto them," caufed his commiffion to be entred in the councill bookes there and delivered a copy thereof to the general affembly without the words [and they], affirming thofe words to have been put in by miftake of the clerk in engroffing the commiffion ; whereby the faid Mr. Cranfield has enhanced the fees upon tryals there to his own advantage, as will appeare in one of the articles following.
2. Although
1xxv
APPENDIX.
2. Although your majesty has been gratioufly pleafed by your faid commiffion to interpofe between the inhabi- tants of the faid eollony and Mr. Robt. Mafon, pretended proprietor thereof, and to direct,
' That on non-agreement between thofe inhabitants and Mr. Mafon, the faid Mr. Cranfield fhould interpofe, who if he could not end the differences between, was by the faid commiffion directed to tranfmitt to England fuch cafes impartially ftated, with his opinion and reafons on the fame, that your majefty with advice of your privy councill might heare and determine the fame.' That neverthelefs the faid Mr. Cranfield, inftead of keeping himfelf indifferent between the contending parties Mr. Mafon and the faid inhabitants, hath by purchafe or mortgage from Mr. Mafon made himfelf owner of the province : And the better to come by what he hath foe purchafed, he hath under colour of the authority of your majefty's commiffion made courts, whereof both judges and jurors have agreed with Mafon for their own lands, and fome of them have taken grants from Mafon of oth- er mens lands. That neverthelefs this jurv is continued from month to month and kept for this ferviee.
That Mr. Mafon has caft forty perfons on fuit by that jury, the court rejecting all pleas, and though the verdict be given for Mr. Mafon according to your majefty's roy- al commiffion (which directs as before ) and the judgement entered accordingly, yet upon the execucon the inhabitants are turned out of their lands and houfes, as it hath fared with Wm. Vaughan and others, and deprived of all fub- fiftance.
3. That the charge of every action is raifed from 20s. to 61. which is exacted in money, and though goods ten- dered (as ufual) the perfons are imprifoned for want of money in kind, and Mr. Cranfield himfelf takes - of the 61.
4. That the faid Mr. Cranfield under colour of trying actions, has by fetting the fees foe extraordinary, forced feverall to quitt their claimes for want of money to carry on the fuite.
5. That the faid governor taking upon himfelf the power of prieeing money not entrusted with him by his commiffion, hath againft the agreement of the general affenibly, by advice of his councill, ordered pieces of
eight
jxxvi
APPENDIX.
eight however wanting in their weight to pafs for 6 thillings.
6. That the faid governor, without good and lawful caufe, hath taken upon him to commit feveral men to prifon, particularly Wm. Vaughan, until bonds given for their appearances and good behaviour, when noth- ing further objected to them.
7. That the faid governor and his council took upon them to make laws and put them in execution without the general affembly.
8. That to prove the articles above againft Mr. Cran- field, the complainants have fuccefslefsly endeavoured to procure warrants or fummons from the fecretary to fumon their witneffes to be fworne (which cannot other- wife be foe) the feeking of fuch fummons has occafioned being bound to the good behaviour, foe as the complain- ing of a wrong done one does, under Mr. Cranfield's management, but draw a new punishment on the afflict- ed, but noe manner of redrefs.
All which the faid Nath. Weare humbly lays at your majefty's feet, imploring your majefty's prefent heareing what your petitioner is able to make out of the premifes, and ordering fome commitfion to examine the truth of the refidue of the faid allegacons (fince your majesty's governor on the place will not admit of fuch evidence. ) That on the return thereof your majefty's fubjects in that province may find fuch releife as to your princely wifedom fhall feeme meete.
And that in the mean time Mr. Cranfield be admon- ifhed not to exceed the bounds of his commiffion.
And your petitioner fhall ever pray, &c.
No. XXXV
Att the court at Hampton court, This 11th day of July, 1684.
By the king's moft excellent majefty and the lords of his majefty's moft honourable privy councell.
U
"PON reading this day at the board the peticon and complaint of Nathaniel Weare, inhabitant and planter in his majefty's province of New-Hampshire in New-England in America, in behalfe of himfelfe and o- thers his majefty's loyall fubjeAs and inhabitants and plan- ters there, whofe names are lubfcribed to the fower peticons
thereto
APPENDIX. 1xxvii
thereto annext againft Edward Cranfield efq. his majef- ty's governor thereof ;
His majefty was pleafed to order that the faid peticon and complaint be, and they are hereby referred to the right honourable the lords comittees of this board for trade and foreigne plantacons, who are to confider thereof and to report to his majefty att this board their opinion there- upon, and then his majefty will declare his further plea- fure.
Philip Lloyd.
A true coppie. [ The two preceding papers are in the hands of the Honour - able Prefident Weare. ]
No. XXXVI.
Letter from the lords of trade to Governar Cranfield.
FTER our hearty commendations to you. His
A majefty having received the petitions and complaints of divers of his fubjects inhabitence and planters of New- Hampfhier againft you for certine irreguler procedinges alleged by them to bee had by you in the execution of your commiffion and administration of juftice : and it being ordered in councell that the faid petitions and com- plaintes bee examined and concidered by us that wee may report to his majefty our opinions, to the end his majefty's further pleafuer may be fignified thereupon. Wee have therefore herwith fent unto you copies of the faid peti- tions and reprefentations that you may return your par- ticular anfwer thereunto with all fpeed, and that wee may the better diftinguifh the truth of what is aleaged or com- plained of, and of fuch defence as you fhall be able to make. Wee doe think fitt that all perfons whatfoever, have free libertye to depofe upon oath what they know, and to take copies of all records in thefe or any other ca- fes relating to yourfelfe or the faide province, and that the faid depofitions bee taken in wrightinge by any mem- ber of the councell or juftice of the peace in that collony, whome you are duly to authorize thereunto, and as we cannot beleve that you will put any reffriction or difcour- agement whatfoever upon the takinge and tranfmittinge of all neceffary proofs and records, attefted by the proper officers for the clearinge of truth in the matters complain- ed of, foe we thinke it requifite that copies of all affidaves
bee
Ixxviii
APPENDIX.
bee interchangeably delivered, to each party concerned as foon as they fhall be taken, and fo not doubtinge of your complyance herein wee bid you hartyly farewell.
From the councell chamber in Whitehall this 23d day of July 1684. Your very loveing friends
Radnor. Guilford. C S. Halifax, C. P. S.
Craven.
Rochefter. Ernle. Godolphin. L. Jenkins.
To our very lovinge friend Edward Cran- field efq. lieutenant governor and commander in chief of his majefty's province of New- Hampfhier in New-England.
A true copy, William Blathwayt, [This paper is in the council minutes 2d book. ]
No. XXXVII.
At the court at Whitehall the 8th of Aprill, 1685. By the king's moft excellent majefty and the lords of his majefty's moft honourable privy councill.
U PON reading a report from the right honourable the lords of the comittee of trade and plantacons in the words following :
May it pleafe your majefty,
Having received an order in council dated the 11th of July laft, upon the petition and complaint of Nathanael Wear, inhabitant of your majefty's province of New- Hampfhire in New-England, in the behalfe of himfelfe and others your majefty's fubjects and planters there, a- gainft Edward Cranfield, Efq. your majefty's governor of that province, whereby wee were directed to report our opinions upon the faid complaint. Wee did accordingly tranfmit a copy thereof to the faid Edward Cranfield, and upon receiving his anfwer, and hearing what the com- plainants could alleage and make out againft him ; Wee find that the faid Edward Cranfield has not purfued his inftructions in reference to the propriety of foile which Robert Mafon, Efq. claims in that province, inafmuch as the faid Edward Cranfield by his inftructions is di- rected that in cafe the inhabitants of New-Hampfhire fhould refufe to agree with the faid Mafon, he fhould in- terpofe and endeavour to reconcile all differences, which if he could not bring to effest he was then to fend into
England
APPENDIX. 1xxxix
England fuch cafes fairly and impartially ftated, together with his opinion, for your majefties determinacon ; where- as inftead thereof he has caufed courts to be held in New- Hampfhire, and permitted titles of land to be decided there, and unreafonable cofts to be allow'd, without firft reprefenting the particular cafes to your majeftie. As to the complaint of his having raifed the value of coines a- gainft the laws of the affembly there, wee are moft hum- bly of opinion that although it be your majefty's undoubt- ed prerogative to fet and determine the price and value of coynes within your dominions, yet your majefty's gover- nor ought not to have made any alterations therein with- out having received your majefty's fpeciall directions. All which wee humbly propofe may be fignified to him by your majefty's order, and that the differences depend- ing between the faid. Robert Mafon and planters in that part of New-Hampfhire may be at length decided. We further offer that William Vaughan, one of the complay- nants attending this board, may have opportunity allow- ed him of appealing to your majeffie within a fortnight from all verdicts and judgements given in New-Hamp- fhire in his private cafe, upon hearing whereof and by the relation it has with others your majefty will be beft able to judge of the right and title of the faid Robert Mafon to that part of the province of New-Hampshire aforefaid, and upon bringing the faid appeale that all proceedings at law relating to the faid title may forthwith ceafe until your majefty's further pleafure be knowne.
All which is neverthelefs moft humbly fubmitted.
ROCHESTER, ARLINGTON,
HALIFAX, P. OXFORD,
CLARENDON, C.P.S. CHESTERFIELD. BEAUFORT,
Council Chamber, 27 March, 1685.
HIS majeftie in councill was gracioufly pleafed to ap- prove of the faid report, and to order that his majesty's pleafure therein be fignified to Mr. Cranfield accordingly. It was alfoe ordered that Mr. William Vaughan be al- lowed to appeale to his majeftie within a fortnight from alt verdicts and judgements given in his private cafe in New-Hampfhire, according to the faid report.
A true copy, WM. BRIDGEMAN.
[ The preceding paper is in the banis of the bon. Pre- Went W.are. ] No.
MI m
xc
APPENDIX.
No. XXXVIII.
A FTER our hearty comendations unto you, we have in obedience to his mnajefty's comands, received and examined your anfwer to the complaint of Nathaniel Wear, inhabitant of his faid province of New-Hampfhire, in behalfe of himfelfe and others his majefty's fubjects and planters there, and having likewife heard what the faid Wear could bring in evidence of the faid complaints, and thereupon reported our opinions to his majefty, Wee are comanded hereby to fignifie unto you, that you have not purfued your inftructions in reference to the proprie- ty of the foyle which Robert Mafon, Efq. claymes in the province of New-Hampfhire inafmuch as you were di- rected that in cafe the inhabitants of New-Hampfhire fhould refufe to agree with the faid Mafon you fhould interpofe, and endeavour to reconcile all differances, which if you could not bring to effect, you were then to fend to his majefty fuch cafes fairely and impartially ftated, to- gether with your opinion, for his majefty's determination ; in ftead whereof you have caufed courts to be held in New-Hampfhire, and permitted titles of land to be de- cided there, and unreafonable cofts to be allowed, without firft reprefenting the perticuier cafes to his majefty. And yet although it be his majefty's undoubted prerogative to fet and determine the price and vallew of coyne with in his majefty's dominions, you have not done well in di- recting any alterations therein without his majefty's fpe- ciall order : In both which you have been wanting in your duty to his majefty. But that the chiefe occasion of difpute that province may be removed, we are farther di- rected to acquint you that as to the differances depending between the faid Robt. Mafon and the planters, his ma- jefty hath been gracioufly pleafed by his order in councill, dat. the 8th of this inftant Aprill, to permit William Vaughan, one of the complainants attending this board, to appeale to his majefty with in a fortnight trom the date of the faid order from all the verdicts and judgements given in New-Hampshire in his private cafe, upon hear- ing whereof, and by the relation it has with others, his majefty will be beft able to judge of the right and title of
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.