USA > New Hampshire > The history of New-Hampshire > Part 57
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And, as in duty bound, we shall humbly pray, &c. March 29, 1680.
No. 28. Address of the same to the same.
To the king's most excellent majesty,-
We, the president and council of your province of New-Hamp- shire, having (according to the royal pleasure) given an account of our allegiance and observance of your commission, by Mr. Jowles, in March last, and therefore shall not give you the trouble of repetition. According to your majesty's command, we have with our general assembly, been considering of such laws and or-
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ders, as do by divine favor, preserve the peace, and are to the sat- isfaction of your majesty's good subjects here, in all which, we have had a special regard to the statute book your majesty was pleased to honor us with, for which, together with the seal of your province, we return most humble and hearty thanks ; but such has been the hurry of our necessary occasions, and such is the shortness of the summer, (the only season to prepare for a long winter,) that we have not been capable of sitting so long, as to frame and finish aught that we judge worthy to be presented to your royal view, but shall, as in duty bound, give as speedy a de- spatch to the affair as we may. In the mean time, your subjects are at quiet under the shadow of your gracious protection, fearing no disturbance, unless by some pretended claimers to our soil, whom we trust your majesty's clemency and equity will guard us from injury by ; and, considering the purchase of our lands from the hea- then, the natural proprietors thereof, and our long quiet possession, not interrupted by any legal claim, our defence of it against the bar- barous adversary, by our lives and estates, we are encouraged, that we shall be maintained in our free enjoyment of the same, without being tenants to those who can show no such title thereunto. Further, we do gratefully acknowledge the mark of your princely favor in sending us your royal effigies and imperial arms, and lament, when we think that they are, through the loss of the ship, miscarried by the way. And, seeing your majesty is graciously pleased to li- cense us to crave what may conduce to the better promoting of our weal and your majesty's authority, we would humbly suggest, whether the allowance of appeals, mentioned in the commission, may not prove a great occasion, by means of malignant spirits, for the ob- structing of justice among us. There are also sundry other things that a little time and experience may more evidently discover a great convenience in, which, upon the continuance of the same liberty from your majesty, we shall with like humility present. Thus craving a favorable construction of what is above suggested, and praying for your majesty's long and prosperous reign, begging also the continuance of your majesty's favor, out of which, if any of our adversaries, under a pretence of loyalty or zeal for your majes- ty's interest, should endeavor to eject us, we hope, upon liberty granted us, to speak for ourselves, we shall abundantly demon- strate that we do truly and sincerely subscribe,
Your majesty's most loyal and dutiful subjects. JOHN CUTT, President, with the consent of the council,
Portsmouth, in the Province of
New-Hampshire, June 11, 1680,
No. 29. Copy of the Mandamus by which Robert Mason, Esq., was admitted to a seat in the council, December 30, 1680.
Trusty and well beloved, we greet you well.
Whereas, we have thought it fit to take into our special care and protection our province of New-Hampshire, and provide for its 60
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prosperity and good government, and the settlement of the estates and possessions of our good subjects there : And that for the avoid- ing any suits or contentions in matters of title, and the determining any demands, which might be made by our well beloved subject, Robert Mason, Esq., as proprietor under us, of that province, by virtue of a grant derived from our royal grandfather, king James, under the great seal of England :* We have so composed all mat- ters with him, that for the time past, until the 24th day of June, 1679, he shall not claim or demand any rent, dues, or arrears, whatsoever ; And for the future, he, his heirs or assigns, shall re- ceive only six pence in the pound yearly of every tenant, by way of quit rent, according to the true and just yearly value of what is improved by any of the inhabitants ; as is more fully expressed in our commission under our great seal, bearing date, the 18th day of September, in the 31st year of our reign. And whereas, the said Robert Mason hath humbly signified to us, that he is preparing to transport himself, for the taking care of his affairs and interest in the said province, and for the giving a secure and legal confirma- tion of the estates of such persons as are now in possession, but without any right or legal title to the same. And he being a person whom we have esteemed useful to our service, as he is chiefly concerned in the welfare of that our province ; we have further thought fit to constitute and appoint him to be one of our council therein, and we do hereby order and require you, our president and council, that immediately after his arrival, you do admit him one of our council of our province of New-Hampshire, he first taking the oaths mentioned in our said commission. And we do further require you and him, that you do betake yourselves to such discreet and equitable ways and methods in your proceedings, agreements and settlements for the future, that there may be no occasion of complaint to our royal person and authority here. We being resolved to discountenance all such as shall wilfully or un- necessarily avoid or delay your submitting to those determinations which may be reasonably decreed according to justice and good conscience. Which you are to signify to all our good subjects within our said province, that they may govern themselves accord- ingly. And so we bid you heartily farewell. Given at our court, at New-Market, the first day of October, 1680, in the two and thirtieth year of our reign. By his majesty's command, SUNDERLAND.
To our trusty and well beloved, the president and council of our province of New-Hampshire, in New-England.
No. 30. The order of the Council and General Assembly, for a Fast, made in March, 1681, and published under the seal of the Prov- ince.
[Not inserted in the former editions.]
Upon serious consideration of the manifold sinful provocations among us, as of the sundry tokens of divine displeasure evident to
" This must mean the charter to the council of Plymouth.
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us, both in the present dangerous siekness of the honorable presi- dent of the council for New-Hampshire, in the continuance of whose life is wrapt up much blessing, whose death may occasion much trouble; as also in respect of that awful portentous blazing star, usually foreboding sore calamity to the beholders thereof; and in regard of the great need that we have of more than ordinary presence of Almighty God with us, in our necessary applications to his royal majesty, our sovereign lord the king; as also having a real sympathy with the great thoughts of heart in our brethren and neighbors, as they are circumstanced ; ever seriously and loyally imploring the divine favor for the continuance of his majesty's life and prosperous reign, as the protection of God's cause and church against the popish party throughout the world; humbly craving covenant mercy to be continued to us, and ours after us in their generations, as also God's erowning the several seasons of the year with suitable goodness : The council and general assembly for the province of New-Hampshire, have appointed the next Thurs- day, being the 17th day of this instant March, a day of public fast- ing and prayer, to be solemnly kept by all the inhabitants thereof, hereby strictly inhibiting all servile labor thereon. Commending the same to all elders, churches, ministers, and people, that they fervently wrestle with the Lord, that he may turn from the fierce- ness of his anger, and cause his face to shine upon us in all our concerns.
(The four preceding papers are in the Council Minutes, first book.)
[The Council Minutes from 1680 to 1698, are not to be found in the Seo- retary's office.]
No. 31. Answer to the claim made by Mr. Mason to the house and lands of New-Hampshire.
(In Mr. Weare's hand writing, but without date or signature.)
It does not legally appear, that Mr. Mason can lay any just claim to any of the lands in New-Hampshire, for what right he pretends, is either derived from Capt. John Mason, (whom he says was his grandfather) or from his majesty's commission : but presume from neither of these has he any right. Not from Capt. John Mason; for 1. It does not legally appear that ever he had any right to the province of New-Hampshire. It is true there is a copy of a patent or deed from the council of Plymouth, which he brings over without attestation of public notary, or any other authority. Besides, in said copy there is not the least intimation of any hand or seal to the original, and there is two men that swear this is a true copy of the original, which plainly demon- strates that the original is but a blank ; the truth whereof we are the more confirmed in, because it is not rational to imagine, that Mr. Mason would come from England to prosecute a right, and not bring with him what he had to make good his claim, but hav- ing nothing but blank copies, he could bring no better than he had, which cannot be looked upon as authentic, in any court.
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2. If it should be supposed that ever Capt. John Mason had a right by patent, yet it does not appear how Robert Tufton Mason (as the plaintiff calls himself) derives a title from liim, either as his heir, executor, or administrator, or by deed of gift ; all that we can hear in court is, that the plaintiff calls himself Capt. Ma- son's heir.
3. If the plaintiff, or his ancestors, ever had a title to the lands he claims, by patent from the council of Plymouth, yet they have lost it by non-use, for they never attended the ends of granting pa- tents, by king James, of blessed memory, in his highness' patent to the great council of Plymouth, which was the peopling of the land, enlarging the king's dominions, propagating the gospel, con- version of the heathen-the native proprietors, &c. Now, the plaintiff, nor ancestors, never planted this province, nor expended any thing upon it, to the upholding of it, in peace nor war, but the present inhabitants did, either by themselves or predecessors, pur- chase their possessions from the natives, and by their permission did sit down upon the land, and manured, to the vast expence of above 50 years time, in hard labor, and expending upon it their whole estate. And in the late Indian war, did defend it against the enemy, to the loss of many of their lives, and considerable part of their estates, without any assistance from Mr. Mason, who now claims not only what poor people have purchased and labor- ed hard upon, but also conquered or relieved from cruel attempts of the barbarous heathen, and we conceive we were under no ob- ligation to run such adventures to make ourselves slaves to Mr. Mason.
4. It does not appear that there was a quorum of the great coun- cil of Plymouth, to the making of Capt. Mason's deed, according to the patent granted to the great council of Plymouth, which ren- ders his claim unvalid, if ever any thing in that kind was done, which we question.
From what is said, we humbly conceive Mr. Mason has no right from Capt. John Mason.
And that his majesty's commission does neither give nor confirm any title to the lands claimed, we prove ;
(1) We humbly conceive that his royal majesty, who is so pru- dent a prince, and so solicitous for the peace of his subjects, would not have left that matter doubtful, to his subjects of this province, but rather have told us, that he had given all the lands to Mr. Ma- son, but there is nothing of gift, to him, in the commission, and if his majesty had, (which we cannot believe he would) we should crave the benefit of the statue in the 17ยบ of Charles the first, which says, No king and council can alienate lands but by due course of law. But we were never yet heard, and when it comes to legal trial,' we presume the law of possessions will confirm our lands to us, seeing we have had peaceable possession 50 years.
(2) If his majesty had given the lands in the province to Mr. Mason, what can be understood by that clause in the commission, ' That in case the inhabitants shall refuse to agree with Mr. Ma- son, then the governor shall interpose and reconcile all differences,
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if he can, but if he cannot, then to send the case, fairly stated to England, that his majesty and privy counsel, might determine ac- cording to right ;' which we humbly conceive puts a bar to any legal proceedings, until his majesty's mind be further known there- in. The inhabitants have offered their reasons to the governor according to commission, which he will not admit of, only did take of one, viz. Capt. Stileman, and promised to send them to Eng- land, but we can hear of no answer, and much fear his neglect.
(3) His majesty in his commission, says, ' To prevent unrea- sonable demands, that may be made by Mr. Mason, for the right he claims,' which claim may prove good or bad, when it comes to trial. We understand, to claim and to have, are different things. (4) His majesty intimates in his royal commission, by what ti- tle Mr. Mason does claim, viz. by a grant to his ancestors, ' who improved and possessed the province with great expence, until molested and finally driven out ;' but this province cannot be con- cluded to be the place he claims, until he make these circumstan- ces appear, which we are sure he never can do.
Now, Mr. Mason, not producing any original deed for any of the lands of this province, nor authentic copies, the inhabitants cannot make any compliance with him, both, because we see no right he ever had, or believing if ever any was, he hath mort- gaged it already in England, and so alienated what right he had.
Although upon the former grounds, we have good plea a- gainst Mr. Mason's claim, yet we did not see cause to join issue, not only because judges and jurors were not qualified according to law, all of them being picked for espousing Mr. Mason's interest, by the governor's order, who has a mortgage for 21 years from Mr. Mason, for all the lands in the province ; but also because we were willing to attend the methods, preseribed by his majesty, in his royal commission.
No. 32. The Answer of Elias Stileman to Mason's Claim.
The answer of Elias Stileman, to the summons from the Hon. Edward Cranfield, Esquire, governor of his majesty's province of New-Hampshire, in N. E. in pursuance of the method which his majesty hath been gratiously pleased to prescribe in his commission.
PORTSMOUTH, the 15th of November, 1682.
May it please your Honor,-In obedience to your command, that I should render a reason why I refuse to pay quit-rent unto Robert Mason, Esq., (as he titles himself) for my house and lands, and take deeds from him for the confirming of the same, I answer as followeth :
Istly. Because my said land I bought and paid for. The title unto which is successively derived unto me from those that have possessed it, without any elaim for at least these 50 years, upon which I have built at my own charge without any interruption, and am in the possession thereof, as my own. As to what is said
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in the commission, concerning Mr. Mason's proprietors, with all due submission to his majesty, I conceive it implies rather his claim than a positive determination of his title.
2dly. I humbly conceive, that, being in possession of what I have bought and built upon, it rests upon the claimer to make out his title, (if he have any by law) begging the favor of an English subject therein, that it may be first tried upon the place, accord- ing to the statute law, and the opinion of his majesty's judges in England, and this before I am liable to pay quit-rent, and take deeds of confirmation from him.
3dly. Should Mr. Mason obtain his demands, myself and the rest of the inhabitants would be undone forever, for then all his, granted to him, which he calls commons, being out of fence, which yet hath been bounded out by the several towns, and possessed by them for these 50 years, and improved for the maintenance of their cattle both winter and summer, and for timber and fire wood, without which there is no living for us, it being impossible for us to subsist upon that, which, in the commission is called gardens, orchards, if he may have the disposal of the rest.
4thly. The said Mason speaks of many thousands of pounds expended upon the place, which with submission cannot be made out, and if it could, what then have the poor planters expended in so many years labour since their first sitting down upon it, when they found it an howling wilderness and vacuum domicilium, be- sides a great expence of blood and estate, to defend it in the late In- dian war, nor can they to this day, make both ends meet, by all their labour and frugality, and therefore must needs sink under the exaction of such a proprietor.
5thly. The land which Mr. Mason claims as proprietor, is the land on which such vast expense hath been laid out by his grand- father Capt. John Mason, for the peopling of it, and the land from whence his said grandfather's servants were violently driven out, or expelled by the inhabitants of the Massachusetts, but upon this land there was no such expenee laid out by his grandfather, Captain John Mason, for the end aforesaid, nor is this the land from whence any servants of his said grandfather were so expelled, and therefore, we, that are possessed of this land, are not con- ' cerned in his claim, he hath mistaken his province, and may en- deavour to find it some other where, for here is no such place.
6thly. If Mr. Mason had a patent here, why did he not take possession in the day thereof ? If he were in possession, why did he not keep it still ? None ever drove him out as he informs ; had he been once settled, he might to this day have kept it, as the rest of the inhabitants have done, without the least molestation, but I am humbly of opinion, that if he, the said Mason, or any of his heirs came hitber, they only came as many ships did to New- foundland and to this country, to make a fishing voyage or beaver trade, and that being at an end, departed, and left their room to the next taker.
This is the sum of what I have at present to answer, humbly requesting of your honor, the stating of the case, with your opin-
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ion thereupon, to his majesty as the commission directs ; and when his majesty shall, in his wisdom and justice, sec meet to order an hearing of the matter in his courts of judicature, upon the place, before a jury of uninterested and indifferent persons, which may be had out of the neighboring province, (and possibly Mr. Mason may think not attainable in this province, wherein all persons are concerned,) as he hath been pleased to do by that part of Mr. Mason's claim, which lies under his majesty's government of Mas- sachusetts, I hope to be able upon these and other grounds so far to make out mv title as to be held unblamable, before God and man, for not complying with his demands. Or, if I should see cause to appeal to his majesty and honorable council, that I shall be put beyond all need of paying quit rent to the pretended pro- prietor.
Thus begging your honor's favor, I subscribe, Sir, your humble servant, E. S.
(The two preceding papers are in the hands of the Hon. President Weare.)
No. 33. Edmund Randolph's Letter to the Lords of Trade and Plan- tations, giving an account of the Rebellion in New-Hampshire, 1683.
To the right honorable the lords of his majesty's most honorable privy council, appointed a committee for trade and plantations :
A short narrative of the late transactions and rebellion in the province of New-Hampshire, in N. E., humbly presented by Ed- ward Randolph, collector of his majesty's customs there :
His majesty having thought fit to establish his royal authority more immediately in New-England, was pleased, by his commis- sion under the great seal, to appoint Edward Cranfield, Esq., to be governor of that province, who arrived in New-England upon one of his majesty's frigates, about the beginning of October, 1682 .- The countenance, with his indulgence to the people, obtained his easy admission into the government, in which he was very obli- ging to all, but especially to the late ruling party ; but, withal, made it his business to put the fort, which commandeth the mouth of the harbor, and militia, into safe hands, and put good men into places of civil administration ; and likewise, provided as well as he could, during the short time the frigate lay there, for the future quiet and settlement of that government. Upon the 14th of Nov- ember following, a general assembly of the province was called, wherein, after several warm debates, some laws were made and passed by the governor, and adjourned that assembly till the 9th of January following, being at that time unwilling to break with them, in hopes they would better understand, for the future.
Some time in December following, the governor, with Major Waldron, late president of the province, Mr. Moodey, minister, and other chief men amongst them, go to Boston, where he is civ- illy entertained. But his main design in that journey was, to feel
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the temper of that government, and the rather, because he found they had such an influence upon the people of this province, that they advised and adhered to them, in the conduct of all their pub- lic and private affairs, which in a little time began to discover it- self, for no sooner had Governor Cranfield openly discoursed with me, in. Boston, about my prosecuting a seizure made by me, at Portsmouth, in October last, of a Scotch vessel, belonging to one Jeffreys, a Scotchman, a church member and inhabitant of that province, but it discomposed the whole party, and it was contrived in their return home, that I might have no better success in his majesty's immediate government, than in my former trials at Bos- ton, to which end Mr. Hammond, candidate for a magistrate the ensuing year in that colony, and brother-in-law to Mr. Moodey, comes in the extremity of bad weather, upon the 19th December, to Portsmouth, (although two or three days before he had declared he would not go thither till spring.) Governor Cranfield being returned from Boston, appoints a special court for a trial of the Scotch vessel, and I went to Portsmouth to attend it; but the party, believing the governor to be wholly their own, and one of the chief of them openly saying, whatever came out of the ketch should never come into my hands, so continued the matter, that she was carried by the fort out of the river at Pascataqua in the day time ; although Major Stileman, one of the committee, was commander of the fort, had express orders from the governor to stop her ; whereupon the governor put him out of all office, and made Captain Barefoote, one of the present council, captain of the fort, and of the foot company, belonging to the great Island : upon which, the fort is built. Now the better to color this matter, it was presently given out, and by many believed, that the master and sailors aboard, without consent or knowledge of the owner, had run away with the ketch, as Jeffreys upon his oath voluntari- ly did avouch, taken before the governor. The party hoping by this means, to persuade the governor to take no further notice of it, the rather because the frigate was then gone out of the river. But I had certain advice that one of Jeffreys' servants was pri- vately sent out of the way, harbored in a very obscure place in the province of Maine ; upon which, Mr. Martin, by his letter, desired the justices of the peace there, to send their constables with a warrant, to bring Jeffreys' servant before the governor to be examined, what they knew concerning [ ] away the
Scotch ketch, they conferred and deposed that Mr. Jeffreys, the owner, employed them, and being upon the place, stood by, gave orders and directions, when and how the ketch should be carried away, so that the governor, by this means, finding it out to be a mere continuance, advised me to continue my prosecution on his majesty's behalf, against the ketch, and all persons concerned in her escape. The party now find no way to avoid the trial, how- ever, it is so ordered that the jury, on which were four leading men, church members, are prevailed upon, that against clear proof of the breach of the acts of trade, they find against his majesty's intended to admit them upon the statute made in the 23 of Henry
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VIII., for preventing perjuries and false verdicts, which so startled them all, that some of the council intercede on their behalf, and prayed liberty to amend their verdicts, which being by the court agreed to, they found for his majesty, and the ketch was condem- ned. January the 9th .- The assembly being adjourned to that day, meet; the governor recommended to them several good bills, that had passed the council, but instead of their concurrence, they either rejected or put them into such a disguise, as rendered them altogether useless, and afterwards would not take notice of any bills, which did not arise from themselves. They likewise pe- remptorily insisted to have the nomination. of judges and the ap- pointing courts of judicature, powers solely invested in the goy- ernor by commission from his majesty ; and lastly, they had pre- pared bills repugnant to the laws of England; upon which the governor, finding them to act without any regard to his majesty's service, or benefit of the province, after he had passed some bills, not knowing where these matters would end, dissolved the as- sembly. In a short time after, one Edward Gove, who served for the town of Hampton, a leading man, and a great stickler in the late proceedings of the assembly, made it his business to stir the people up to rebellion, by giving out that the governor, as vice ad- miral, acted by his royal highness' commission, who was a papist, and would bring popery in amongst them, that the governor was a pretended governor and his commission was signed in Scotland. He endeavored with a great deal of pains, to make a party, and solicited many of the considerable persons in each town to join with him, to recover their liberties, infringed by his majesty's pla- cing a governor over them, further adding that his sword was drawn, and he would not lay it down till he knew who should hold the government. This he discoursed at Portsmouth, to Mr. Martyn, treasurer, and soon after to Capt. Hull, at Dover, which they discovered to the governor, who immediately despatched away messengers with warrants to the constables of Hampton and Exe- ter, to apprehend Gove-and fearing he might get a party too strong for the civil power, (as indeed it proved, for Justice Weare and a marshal were repulsed) the governor (although much dis- suaded) forthwith ordered the militia of the whole province to be in arms, and understanding by the marshal that Gove could not be apprehended at Hampton, by himself, and a constable, but was gone to his party at Exeter, from whence he suddenly returned with 12 men, belonging to that town, mounted and armed with swords, pistols and guns, a trumpet sounding, and Gove with his sword drawn, riding in Hampton at the head of them was taking horse, and with a part of the troop intended to take Gove and his company, but the governor was prevented by a messenger from Hampton, who brought word that they were met withal and ta- ken by the militia of that town, and secured with a guard ; the trumpeter forcing his way, escaped, after whom a hue and cry was sent to all parts, but as yet he is not taken. This rising was un- expectedly to the party made up on the 21st day of January last. It is generally believed, many considerable persons, at whose
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