USA > New Hampshire > The history of New-Hampshire > Part 58
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466
APPENDIX.
houses Gove then either sent or called, to come out and stand up for their liberties, would have joined with him, had he not discov- ered his desigas, or appeared in arms at that time. For upon the 30th day of January, being appointed by the governor a day of public humiliation, they designed to cut off the governor, Mr. Ma- son, and some others whom they affected not. The governor sent a strong party of horse to guard the prisoner, then in irons, from Hampton to Portsmouth. They were brought and examined be- fore the governor and council, where Gove behaved himself very insolently ; they were all committed to custody, and Capt. Bare- foote, having the trained band of Great Island then in arms, was ordered to take care of the prisoners and keep a strict watch upon them, in regard the prison was out of repair. All this while the governor was at great charge and expense in suppressing this re- bellion, and keeping up guards, to secure the peace of the province. We therefore, judged it necessary to bring them to a speedy trial, and to that end directs a commission of oyer and terminer to Richard Waldron, Thomas Daniel and William Vaughan, Esq'rs, for their trial, to be had upon the first day of February next, at -which time Gove and the other prisoners were brought to the court, then holden at Portsmouth, in the said province, the grand jury found the bill, the next day they were all arraigned and in- dicted upon the 13th of the king, for levying war against his maj- esty. Gove pleaded to the indictment, not guilty ; then Mr. Mar- tyn, treasurer of the province, and Capt. Hull, both of Portsmouth, with two justices of the peace and a lieutenant of the foot compa- ny at Hampton, who was at the taking of them, were all sworn in court ; then Gove owned the matter of fact, and to justify his ta- king up of arms, pleaded against the governor's power, that he was only a pretended governor, by reason his commission, as he said, was sealed in Scotland, likewise that the governor had by his proclamation, appointed the 30th January to be annually ob- served and kept a day of humiliation, and obliged the ministers to preach that day ; that the governor had at his house discoursed to Gove and shewed him out of the 10 chapter of St. Mark, the ne- cessity of children's baptism ; this he urged to be a great imposing upon the ministry. The other prisoners pleaded not guilty ; but had little to say in defence for themselves, further than they were drawn in by Gove. The jury, after long consideration, found Gove guilty of high treason upon the indictment, and all the rest in arms ; upon which the court proceeded to give judgment, and passed the sentence of condemnation upon Gove, but in regard the other prisoners were specially found, the governor ordered the court to respite their judgment till his majesty's pleasure should be known therein ; most of them being young men and altogether unacquainted with the laws of England. Herewith I humbly pre- sent your lordships a particular account of their trial, signed by Richard Waldron, Esq. judge of that court and passed under the seal of the province.
(The foregoing, copied from the Massachusetts colony files, was commu- nicated to the editor by Mr. Joshua Coffin, S. H. S. Mass.)
467
APPENDIX.
No. 34. Copy of a letter from Edward Gove, of Hampton, to the Court of Sessions, January, 1683.
[This letter may be found in a Note, pages 99 and 100, of this volume.]
No. 35. Copy of Cranfield's order for the administration of the sa- craments, according to the mode of the church of England. At a council, held at Great Island, December 10, 1683. By the governor and council.
New-Hampshire,-
It is hereby required and commanded, that all and singular, the respective ministers within this province, for the time being, do, from and after the first day of January next, ensuing, admit all persons that are of suitable years, and not vicious and scandalous in their lives, unto the blessed sacrament of the Lord's supper, and their children unto baptism. And if any persons shall desire to receive the sacrament of the Lord's supper, or their children to be baptized according to the liturgy of the church of England, that it be done accordingly, in pursuance of the laws of the realm of England, and his majesty's command to the Massachusetts gov- ernment. And if any minister shall refuse so to do, being thereunto duly required, he shall incur the penalty of the statutes, in that case made and provided, and the inhabitants are freed from paying any duties to the said minister.
The aforesaid order was published,
R. CHAMBERLAIN, Clerk Council. (This paper is in the council minutes, second book.)
No: 36. Copy of the information against Rev. Joshua Moodey, 1683. New-Hampshire, in New-England.
To Walter Barefoote, Esq., judge of the court of pleas of the crown, &c., now sitting at Great Island ; and to Nathaniel Fryer and Henry Green, Esquires, assistants.
The information of Joseph Rayn, his majesty's attorney gen- eral for the said province of New-Hampshire, against Joshua Moodey, of Portsmouth,in the said province, clerk, in his said majesty's behalf.
The said Joseph Rayn informeth, that the abovesaid Joshua Moodey, being the present minister of the town of Portsmouth, aforesaid, within the dominions of our sovereign lord, Charles the second, king of England, is by the duty of his place, and the laws and statutes of the realm of England, (viz., the statutes made in the fifth and sixth of king Edward the sixth, and the statute of the first year of the reign of the late queen Elizabeth, which is con- firmed by the statute made in the thirteenth and fourteenth year of the reign of our sovereign lord, king Charles the second,) re- quired and commanded to administer the sacrament of the Lord's supper, in such manner and form as is set forth in the book of
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APPENDIX.
common prayer and administration of the sacraments, and other rites and ceremonies of the church of England, and shall use no other manner or form than is mentioned and set forth in the said book. Nevertheless, the said Joshua Moodey, in contempt of the said laws and statutes, hath wilfully and obstinately refused to ad- minister the sacrament of the Lord's supper, according to the man- ner and form set forth in the said book of common prayer, unto the honorable Edward Cranfield, Esq., governor of his majesty's said province of New-Hampshire, Robert Mason, Esq., proprietor, and John Hinks, Esq., of the said province ; and doth obstinately and wilfully use some other form than is by the said statutes or- dained, contrary to the form thereof : Therefore, the said Joseph Rayn, in behalf of our sovereign lord, the king, doth pray, That the said Joshua Moodey, being thereof convicted according to law, may suffer such penalties, as by the said statute are made and provided in that case.
No. 37. Copy of a second information against the same.
New-Hampshire, in New-England.
To the honorable Walter Barefoote, Esq., judge of the court of pleas of the crown, and other civil pleas, held at Great Island, and now sitting, this 6th February, 1683-4, &c.
The information of Joseph Rayn, his majesty's attorney gen- eral for the said province, in his majesty's behalf, against Joshua Moodey, of Portsmouth, clerk.
Whereas, the said Joshua Moodey hath, in open court of the quarter sessions of the peace, held at Great Island, aforesaid, upon record, confessed and owned before the justices, that he hath ad- ministered the sacraments contrary to the rites and ceremonies of the church of England, and the form prescribed and enjoined by the statute made in the first year of the late queen Elizabeth, and so stands convicted of the said offence before the justices at the said sessions ; Joseph Rayn, his majesty's attorney general for the said province, who proseeutes for our sovereign lord, the king, doth, (according to the ancient law of the statute made in the for- ty-second year of the reign of king Edward the 3d, now in force,) in his majesty's behalf, exhibit his information to this honorable court against the said Joshua Moodey, for that he having for many years had the appearance and reputation of a minister of God's word in the said province, being within the king's dominions, and having wilfully and obstinately refused to administer the sacra- ments according to the rites of the church of England, hath ad- ministered the sacraments of baptism and the Lord's supper in oth- er manner and form than is appointed and commanded by the stat- ute of the first of queen Elizabeth and other statutes, contrary to the form thereof, and in contempt of his majesty's laws : and doth pray the court's judgment, and that the said Joshua Moodey may suffer the penalties by the said statute in this case made and pro- vided.
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APPENDIX.
No. 38. Warrant and Mittimus against the Same. New-Hampshire in New-England. To James Sherlock, gent., prov. marshal and sheriff of the said province, or his deputy.
In his majesty's name, you are hereby required forthwith, to take and apprehend the body and person of Joshua Moodey, of Portsmouth, in the said province, clerk, and carry him to the pris- on of Great Island, in the said province ; and the prison-keeper, Richard Abbot, is hereby required to receive him, the said Joshua Moodey, and keep him in safe custody, in the said prison, he hav- ing been convicted of administering the sacraments contrary to the laws and statutes of England, and refusing to administer the sacraments according to the rites and ceremonies of the church of England, and the form enjoined in the said statutes. There to remain for the space of six months next ensuing, without bail or mainprize. Fail not. Dat. the 6th of Feb. 1683-4.
WALT. BAREFOOT, (Seal.)
PETER COFFIN, (Seal.)
HEN, GREEN, (Seal.)
HEN. ROBY, (Seal.)
Vera copia, Teste, Richard Chamberlain, CIro. P.
(The three preceding papers, are in the Recorder's office.)
No. 39. Copy of Cranfield's order, for raising money without an assembly. New-Hampshire.
At a council held at Great-Island, Feb. 14, 1683-4. By the Governor and Council.
Whereas we have lately had intelligence by a letter from Capt. Hook to Capt. Barefoot one of the council of this his majesty's province, that he had advice from the captain of the Fort at Casco of a sudden rising and onset intended by the Indians upon the En- glish at the eastward : And whereas the assembly have been lately tendered a bill for raising a revenue for the fortifying and defending ourselves against his majesty's enemies, did absolutely refuse and reject the same without giving any reason for so doing, or preparing any other for defraying the charge of the public ser- vice. We his majesty's governor and council finding the public treasury so empty and bare that there is not so much money as to pay a single messenger ; and those persons that are the support of the province have not estates to support themselves in the war (if any should happen) without duc payment for their service, in con- sideration of the premises, by virtue of his majesty's royal com- mission bearing date the ninth of May, 1682, and also of his maj- esty's royal instructions to the governor bearing date the 29th of April, 1682, have, for the raising a revenue for fortifying and de- fraying the necessary charges of the government, that there may be a magazine of ammunition and provision, and of money to pay
-
470
APPENDIX.
indigent soldiers, as also for such emergencies as a war will neces- sarily produce, thought fit to continue, and do hereby continue all such taxes and impositions as have been formerly laid upon the inhabitants (excepting only the rate of the penny in the pound raised in time of usurpation without a general assembly) com- manding and requiring all and singular the constables and collec- tors forthwith to perform their duty in levying and collecting the same, and paying it into the treasurer.
No. 40. Copy of a letter from the Council to Governor Dongan. Province of New-Hampshire, March 21, 1683-4.
Sir,
By several advices we have received of a sudden rising intend- ed by the Indians in these eastern parts to fall upon the Englishı, we judged it absolutely necessary without delay to provide for the safety and preservation of his majesty's subjects inhabiting this province, and to give relief (if need be) to our neighboring col- onies. We have therefore upon consideration of the best means for the securing of these provinces concluded it very necessary to entertain a number of southern Indians for soldiers, who are best acquainted with the manner of these Indians' skulking fight ; and this being a work of piety and charity for preventing the effusion of christian blood : And knowing that your honor has an influence upon the southern Indians our honorable governor was willing to take the trouble upon himself of a journey to New-York to treat with your honor for sending of such a number of Mahiquas, or other Indians, as may be convenient to assist in this service, and to make such capitulations and agreement as to his honor shall seem reasonable. We doubt not your honor's readiness in any thing that may tend to his majesty's service and the safety of his subjects, having often heard a noble character of your honor from our governor, whom we have intreated to present our letter with our most humble service. We have committed all matters to his honor's prudenee and management and what his honor shall judge fit to be done we shall see performed. So praying for your honor's health and prosperity, we subscribe ourselves, (being his majesty's council of New-Hampshire.)
May it please your honor, your most humble servants, To the Hon. Col. Tho. Dongan, ROBT. MASON,
governor of his royal highness his colony of New-York, and the territories thereto belong- ing, humbly present. JOHN HINKS.
-
WALTER BAREFOOT,
R. CHAMBERLAIN, ROBT. ELLIOT.
(The two preceding papers are in the Council's Minutes, second book.)
471
APPENDIX.
No. 41. Address and Petition of the Inhabitants of Exeter, Hamp- lon, Portsmouth and Dover, against Cranfield.
To the King's Most Excellent Majesty.
The humble address and petition of sundry of your majesty's loyal subjects the freeholders and inhabitants of your majesty's pro- vince of New-Hampshire in New-England,
Most humbly sheweth,
[From the town of Exeter.
That your petitioners' predecessors having under the encourage- ment of your majesty's royal ancestors by their letters patents to the great council of Plymouth, removed themselves and some of us into this remote and howling wilderness in pursuance of the glo- rious ends proposed, viz. The glory of God, the enlarging his majesty's dominions, and spreading the gospel among the heath- en : And in order thereunto either found the lands we now pos- sess vacuum domicilium, or purchased them of the heathen the na- tive proprietors of the same, or at least by their allowance, ap- probation or consent, have sat down in the peaceable possession of the same for the space of above fifty years ; hoping that as we had attended the ends, so we should have shared in the privileges of those royal letters patents above mentioned, and thereupon did the more patiently bear and cheerfully grapple with those in- numerable evils and difficulties that must necessarily accompany the settlers of new plantations, especially in such climates as these besides the calamities of the late Indian war to the loss of many of our lives, and the great impoverishment of the survivors. We were also further encouraged from your majesty's princely care in taking us by your late commission under your majesty's immedi- ate government, and appointing some among ourselves to govern us according to those methods there prescribed, being particularly bound to discountenance vice and promote virtue and all good liv- ing, and to keep us in a due obedience to your majesty's authority and continuance of our just liberties and properties, together with liberty of conscience in matters of worship, and all in order to our living in all godliness and honesty, fearing God and honouring the king, which we profess to be our desire to do.
But contrariwise partly by the unreasonable demands of our pre- tended proprietor, Robert Mason, Esq., and partly from sundry- other reasons, that are either effects or concomitants thereof, we are in a far worse condition than any other your majesty's planta- tions, and reduced to such confusions and extremities, that neces- sitate our humble application to your majesty, upon whose clemen- cy and justice only, under God, we depend for our relief.
Your poor, distressed and oppressed petitioners, do therefore, most humbly supplicate your most gracious majesty, that you will vouchsafe to give leave unto one of ourselves, Mr. Nathaniel Weare, whom we have sent for that end, to spread before your sacred majesty, and your most honorable privy council, our de- plorable estate, the beholding of which we doubt not, will move compassion towards us, and your majesty's propensity to justice, will incline to the using such means as to your wisdom shall seem best, that the oppressed may be relieved, wronged ones righted,
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APPENDIX.
and we, your majesty's almost undone subjeets, now prostrate at your feet, may upon the tasting of your equity and goodness, be raised, and further engaged, in all humility and thankfulness, as in duty bound evermore heartily to pray, &c.
[The following names having been derived from copies, not originals, there occurred a number of mistakes in the former editions, which I have endeav- ored to correct.]
Andrew Wiggin,
David Robinson,
Thomas Wiggin, senior,
Kinsley Hall,
Thomas Wiggin, junior,
Bily Dudley,
Robert Smart, senior,
James Sinkler,
John Young,
Christian Dolhoff,
John Foulsham,
Philip Charte,
Edward Smith,
Jeremiah Low,
Peter Foulsham,
Ralph Hall,
Theophilus Durdly, 1
Samuel Hall,
Richard Morgan,
John Sinkler,
Samuel Leavitt,
John Wadleigh,
John Cotton, junior,
Samuel Foulsham,2
John Gilman, senior,
Eleazar Elkins,
Edward Gilman,
Ephraim Foulsham,
Moses Leavitt,
Humphrey Wilson,
Jonathan Robinson,
Nathaniel Foulsham,
Thomas Rawlins,
Jonathan Thing.
The like petition from the town of Hampton, in said province,
signed by,
Nathaniel Bachiler,3
John Tucke,
John Marston,
John Smith,
James Philbrick,
Thomas Page,
Jacob Browne,
Philip Towle,
Thomas Browne,
Josiah Sanbourne,
Henry Lamper,
William Sanbourne, senior,
Jonathan Wedgwood,
Ruth Johnson, widow,
Henry Moulton,
Richard Sanbourne,
John Moulton,
Thomas Walker,
Joseph Smith,
Isaac Godfrey,
David Wedgwood,
Humphrey Perkins,
James Cheuse,
David Lamprey,
James Perkins,
Benjamin Lauyre,4
Morris Hobbs, senior,
William Fuller,
Joseph Moulton,
John Sanbourne,
Benjamin Moulton,
Hesron Leavitt,
Thomas Leavitt,
Samuel Sherborne,
Thomas Dearborne,
Franeis Page,
John Leavitt,
Peter Weare,
Henry Dearborne,
Benjamin Browne,
Aratus Leavitt,
Thomas Philbrick,
Christopher Hussey,
Timothy Blake,
[ (1) Probably Theophilus Dudley, son of Rev. Samuel Dudley.
(2) This name is now written Folsom.
(3) Son of Rev. Stephen Bachiler, and died 2 January, 1710, aged 80.
(4) Perhaps Benjamin Lavers.]
APPENDIX.
473
Jacob Perkins, Jonathan Philbrick, Ebenezer Perkins, Caleb Perkins, Joseph Perkins, Joseph Dow, John Clifford, senior, Samuel Philbrick,
Timothy Hilliard, Anthony Stanyan, John Stanyan,
Joseph Sanbourne, Isaac Perkins,
Moses Swett,
Joseph Swett, Joseph Cass,
Joseph Shaw,
Duel Clemens,
John Clifford,
Samuel Cass,
Benjamin Shaw,
John Sanbourne, senior.
Samuel Cogg,
The like petition from Portsmouth, in said province, signed by,
George Hunt,
John Light,
Peter Ball,
William Pitman,
John Sherburne, senior,
James Jones,
Samuel Wentworth,
William Cotton,
Splan Lovell,
James Levitt,
Richard Webber,
Jethro Furber,
Richard Waterhouse,
Edward Ball,
William Davell,
Thomas Cotton,
John Cotton,
Daniel Duggen,
Colomart Mashawes,1
Francis Jones,
John Barshanı,
John Pattridge,
John Shipway,
Robert Purinton,
John Johnson,
Nehemiah Partridge,2
John Sherburne, junior,
Jotham Lewis, Anthony Brackett,
Thomas Wacombe,
Leonard Weeks,
Obadiah Mors,
Nathaniel Drake,
Nicholas Morrell, Samuel Keais, John Dennett, John Tooke,
Richard Jose, Jane Jose,
John Fletcher,
Edward Melcher, George Lavers,
Ph. Suret,
Richard Waldron,
Jacob Lavers, John Brackett, Matthius Haines, Samuel Haines,
Ben. Hull,3 John Cutt,
William Vaughan,
Samuel Haines, junior, William Fifield, senior, Walter Neal,
George Jaffrey,
John Pickering,
John Bruster.
[(1) Probably Matthews.
(2) Yartridge in the former editions.
(3) This name appears to be Reuben in contemporary records.]
62
Thomas Pickering,
John Hunking,
Richard Martyn,
474
APPENDIX.
The like petition from the town of Dover, signed by,
Job Clements,
John Winget,
Thomas Roberts,
John Gerrish,
Edward Allen,
William Wentworth,
William Furber, senior,
John Heard,
Henry Senter,
John Roberts,
Richard Rowes,
John Hall, junior,
Anthony Nutter,
Robert Burnham,
John Dam,1
William Furber, junior,
. Samuel Burnham, Jeremiah Burnham, Samuel Hill,
Thomas Row,
William Horn,
Edward Row,
Peter Mason,
John Meadow,?
John Woodman, senior,
Philip Chesley,
John Woodman, junior,
Joseph Stevenson,
Jonathan Woodman,
Thomas Chesley,
John Davis, senior,
Joseph Kinneder,3
John Davis, junior, Joseph Fields,
Edward Small,
John Bickford,
Nathaniel [Lomax ? ]4
Thomas Bickford,
James Huckins,
Thomas Edgerly,
Gatharias Jerlld,
John Hill,
Ezekiel Wentworth,
Charles Adams,
Paul Wentworth,
Samuel Adams,
Gerard Gyner,
William Parkinson,
Jenkins Jones,
Joseph Hill,
Joseph Canne,
Nathaniel Hill,
Richard Waldron,
John Roberts.
(From a copy in the hands of the Honorable President Weare, and now (1830) in the hands of J. B. Moore, Esq.)
No. 42. The deposition of Peter Coffin relating to Cranfield's con- duct towards William Vaughan.
The deposition of Peter Coffin, Esq., one of his majesty's justices of the peace for New-Hampshire, being sworn, saith,
That sometime in the beginning of February, A. D. 1683-4, I the deponent, was present at the house of Mr. John Hincks, in company with the Hon. Edward Cranfield, Esq. governor of this province, where I heard the said governor send for Mr. William Vaughan, and when the said Vaughan came, the governor inquir- ed of him what affidavits those were he had that day desired to be taken. The said Vaughan answered, those that concerned his cause against Mr. Mason. The governor asked him who they
[(1) Now spelled Dame.
(2) Probably John Meader, who was of Dover.
(3) Perhaps Joseph Kennedy.
(4) A Nathaniel Lomax or Lummus, from Ipswich, was of Dover about this time.]
John Dam, junior,
John Nutter,
Ralph Wormley,
Stephen Jones,
475
APPENDIX.
were, he answered, if he might have summons he would bring them before his honor to be sworn; and then the governor brake out into a passion, and told him, the said Vaughan, that he was a mutinous fellow, and asked him what he went lately to Boston for ; the said Vaughan answered he went about his business. Then the governor said, he went to carry a mutinous petition, to be sent to England by Weare, and asked him what vessel Weare went in ; Mr. Vaughan answered, that he left Weare in Boston. Then the governor said, that by the next ships after Weare was got to Eng- land, and had presented his petition, he should have an account of the persons' names that subscribed it, returned to him, and that it would be the best haul he ever had, for it would be worth £ 100 a man. The governor further said, that the said Vaughan was a mutinous fellow, and required of him bonds to the good behaviour ; Mr. Vaughan answered, he knew none of the king's laws he had broken, but if he could be informed of his crime, he was ready to give bonds. And that in the whole discourse, Mr. Vaughan de- meaned himself with a great deal of moderation and submission .- Notwithstanding which, the governor commanded a mittimus to be writ, and signed the same with his own hand, whereupon the said Vaughan was forthwith committed to prison.
PETER COFFIN.
Peter Coffin, Esq., the above named deponent, appearing in the town of Kittery, in the province of Maine, this 27th of Janua- ry, 1684-5, made oath to the above written, before me, CHARLES FROST, Just. of Peace.
No. 43. The warrant and mittimus whereby William Vaughan, Esq. was committed to prison.
New-Hampshire.
To James Sherlock, gent. sheriff and provost marshal of the said province, or his deputy.
In his majesty's name you are hereby required to take and ap- prehend the body of William Vaughan, of Portsmouth, Esq. and carry him to the prison of Great Island; and Richard Abbot, the prison keeper thereof, is hereby required to receive the said Vaughan into said prison, and there keep him in safe custody, till he shall give good security to our sovereign lord the king, his heirs and successors, for his, the said Vaughan's, good behaviour towards the same, our sovereign lord the king, he haring refused to find se- curity for his said good behaviour the sixth day of February, 1683. Given under my hand and seal the said sixth day of February, 1683-4.
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