USA > New Hampshire > The history of New-Hampshire > Part 59
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EDWARD CRANFIELD, (L. S.)
(The two preceding papers are in the Recorder's office.)
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No. 44. A letter from William Vaughan, Esg., containing a journal of transactions during his imprisonment, &c. to Nathaniel Weare, Esq., agent in London.
Portsmouth, 4th Feb. 1683-4.
Mr. Nathaniel Weare,
Sir,-These serve to give covert to the enclosed, which were unhappily mislaid, and so brought to Portsmouth, insicad of being .carried by you to London, though on the other hand you carried many papers for London, which ought to have been at Portsmouth. There were several papers in the bundle which were very imper- tinent unto your business, and the transporting of them very pre- judicial to some here ; your especial care about them is expected, yet may be safely returned with you, if not transmitted by you before your return. We are now a doing about getting evidences sworn, which you shall have a further account by the first, though retarded much by having no copies of them as we expected .- Since your departure, much ado has been made; many executions extended, viz. upon Messrs. Cutts, Daniel, myself, Mr. Fletcher, Moodey, Hunking, Earl, Pickering, Booth, &c. I went to pris- on, but was redeemed with money; several doors were broken open by Matthews, the marshal's deputy, chests also and trunks, and carried out of the houses till redeemed with money. John Par- tridge and William Cotton are in prison, and have been sundry days. No pay (as fish, sheep, horses, &c.) would be taken for their executions, so their bodies were levied upon, aud there they lie. Our minister, for refusing to administer the sacrament to the governor, is bound over to the quarter sessions, to sit to-morrow, the issue we know not, but six months imprisonment threatened. Your wife and family well. Great bluster at Hampton about the petition ; some weaklings were wheedled into a confession and they discovered the persons that carried the petition, who were by justices G. and R. bound over to the quarter sessions ; but last Saturday night (on what ground know not) Mr. Green burnt their bonds, and only told them they must appear when called for .- Charles Hilton is lately dead ; as other news arrives shall hand it to you by all occasions, and do you the like by us.
5th. Quarter sessions are come, and there Capt. Barefoote, Messrs. Fryer, Coffin, Greene, Roby, Edgerly, were justices, Raines was attorney. It was brought in as a plea of the crown. Mr. Moodey pleaded his not being ordained, having no maintenance according to statute, and therefore not obliged to that work which the stat- ute required. Besides, these statutes were not made for these places, the known end of their removal hither being that they might enjoy liberty in these foreign plantations, which they could not have by virtue of the statutes at home, and were allowed to have here, especially our commission granting liberty of con- science. These things were pleaded, but to no purpose. After a short pleading, and that not without many interruptions and smiles by the pragmatic, busy, impertinent attorney, he was committed to the marshal, (viz. Long Matthews) and held in custody that night, though permitted to lodge at Capt. Stileman's. The jutices
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debated a little ; four of them entered their dissent, viz. Messrs. Fryer, Green, Roby, Edgerly, but Capt. Barefoote and Coffin were for his condemnation. Judgment of the case, every man's was entered by the secretary over night, but being deferred till next morning, information was given to somebody, who came in and threatened and hectored after such a rate, that Green and Roby al- so consented, as you see by the enclosed, and he was committed to prison. Petition was by him made to the court, and afterwards to the governor, that he might step up at night to his family and settle matters there, and that he might not go into the dismal place the com- mon prison. The court could not, the governor would not, of first, though in fine gave leave to the marshal to drop him at Capt. Stileman's, where he is confined to his chamber, though not with- out leave to go down stairs, or into the backside, and this was done 6th instant. At night, I having moved for the taking of evi- dences, which was in words owned, went to the secretary for summonses, intending to begin with Lieut. Hall and Thomas Wiggin, he refused to give summonses, but first (I suppose) must inform somebody, I was sent for by the marshal, huffed and hec- tored strangely, threatened, &c. in fine, must give bonds to the good behaviour. I refused; thereupon he made and signed my mittimus to the prison, though by the way, I know not how, was also dropped at and confined to Mr. Moodey's chamber, where we have been these two nights, very cheerful together.
Poor Wadleigh, who was left to the governor's mercy, is come out upon security for forty pounds money, and your Gove for a like sum, only William Partridge is to do it in work, building and fencing, &c. The actions go on, and are turned off hand apace, twelve at a clap, after the old manner. Roby, though a justice, is still of the jury. A new trick is on foot. Several of us that were executed upon, and paid our money the first suit, are sued again for illegal withholding possession, though the marshal (who was by execution required to give possession, never came to demand it;) the issue of which we know not, matters being yet depending.
9th. The prisoners Vaughan and Mr. Moodey were fetched out of prison to plead their cases at the court. Messrs. Cutt, Daniel, John Partridge and myself and Mr. Moodey were sued, and all cast; but the last, who had something particularly to say, and so he cast Mr. Mason, though we thought we all said enough to cast him,-viz. that he had an execution for the land sued for, and when he levied his execution might have taken the land also, with many other things, (enough of, we thought,) to have turned the case against him, before any indifferent judges and jurors, but thus we are treated.
But above all, our minister lies in prison, and a famine of the word of God coming upon us. No public worship, no preaching of the word, what ignorance profanes, and misery must needs en- sue ! By the premises, you see what need there is you should be vigorous and speedy as you may, about your business, to do what may be to the preventing of utter ruin.
My imprisonment is a present stop to the getting what evidences
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is needful, and it is like we shall not make any further attempt here, but with what convenient expedition, will be done what is needful and necessary. Mr. Martin was sued at the court in two actions, one by Mr. Mason, for fines and forfeitures, collected and received by him as treasurer, from seventy-nine to eighty-two, and another action, by the governor, for fines, &c., from April, eighty-two. He is cast in both actions, to the value of about seventy pounds, although he pleaded, that what he received was disposed by order of the authority which made him treasurer, and had as good commission from his majesty, as that was in being ; neither did it legally appear, that either Mr. Mason or the govern- or have any right to fines and forfeitures, the king appointing all public money to be disposed or improved for the support of the government : however it is but ask and have ; their demands in any case have the force of an execution.
10th. The sabbath is come, but no preaching at the Bank, nor any allowed to come to us, we had none but the family with us, the poor people wanting for lack of bread. Motions have been made, that Mr. Moodey may go up and preach on the Lord's day, though he come down to prison at night, or that neighbor ministers might be permitted to come and preach, or that the people might come down to the prison and hear, as many as could, but nothing will do; an unpar- alleled example amongst christians to have a minister put out and no other way found to supply his place by one means or other. Mr. Fry- er was severely threatened for refusing to subscribe Mr. Moodey's commitment, but hath obtained fairly a dismission from all public offices. Justice Edgerly also cashiered, and bound over to the Quarter Sessions .* It is said that Justice Green is much afflicted for what he has done, but Roby not. Peter Coffin can scarce show his head in any company.t
14th. News came from the fort at Casco, that there was great danger of the Indians rising, which hath occasioned a meeting of the council and some discourse, but hear no more since, and hope \ it may vanish.
15th. Good Mrs. Martin was buried, being not able to live above one sabbath after the shutting up the doors of the sanctua- ry. Somebody has said that the imprisoning of the minister is none of his work, he did but constitute the court, they did it them- selves, though also hath said he would have done it himself if they had not.
* [Tho. Edgerly was, by the governor's order of the sessions, discharged from being justice of the peace, and of being in any other public employment. Records of Court of Q. S.]
+ Mr. Moodey, in the church records, remarks thus on his judges. 'Not long after, Green repented, and made his acknowledgment to the pastor, who frankly forgave him. Robie was excommunicated out of Hampton church, for a common drunkard, and died excommunicate, and was by his friends thrown into a hole near his house for fear of an arrest of his carcase. Bare- foote fell into a languishing distemper, whereof he died. Coffin was taken by the Indians, (at Cochecho, 1689) his house and mill burnt, himself not be- ing slain but dismissed ; the Lord give him repentence, though no signs of it have yet appeared.'
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17th. Another sad Sabbath.
18th. Came Messrs. Mason, Barefoot and secretary, with Thur- ton who swore against me a false oath, of which I have enclosed a copy. Thurton said he was sent for on purpose to give in his testimony against me ;- they went away, and soon after came the enclosed mittimus directed to Mr. Raines, who is sheriff and mar- shal in Mr. Sherlock's room, that have been out of favor of late, though now it is said in favor, but not in place again. Mr. Est- wicke is also put out of all office. Note, that when I went to him for taking oaths, he said all oaths should be taken before the governor and council, but now could send to justices to do it. We had for some nights our key taken away from the chamber door about S or 9 at night, but have since left off that trade. Sewall of Exeter is dead .* Several overtures were made this week to John Partridge and William Cotten by Raines to come out of prison he giving them 3 months time to provide money or any other current pay, though they tendered fish, plank, &c. before they were put in, they refused to accept.
24th. This sabbath our wives, children and servants came down and spent the day with us in our chamber, and we yet hear nothing said against it.
25th. The marshal goes and levies upon John the Greek'st sheep and cattle for the execution, for which he had' lain , about three weeks in prison, and then came and ordered him to go about his business, 15 sheep, sundry lambs, and two heifers seized for six pounds odd money. This day also Mr. Jaffery having had sundry warnings the week before to clear his house because Mr. Mason would come and take possession of it, went nevertheless to the Bank upon business ; meanwhile came Mr. Mason with the mar- shal and turned all his servants out of doors, set another lock on the door, and at night when his servants came home wet ; they would not suffer them to come in, but there lodged Mathews and Thurton all night. Mr. Mason said, while about this work, that he was sorry Weare had no more of this news to carry home with him.
The governor having sent to Mr. Cotton,¿ that when he had prepared his soul, he would come and demand the sacrament of him, as he had done at Portsmouth, already. Mr. Cotton, the latter end of the week before last, went to Boston, and has been out two Lord's days, already ; all is well with yours there, so far as I can learn, I cannot go to see, else, might have given them a visit.
One word more about my business. I am under imprisonment, about Thurton's business, being seized by the marshal, and com- mitted, when in prison before, for not giving bond for the good behaviour, though nothing charged upon me, any more than before, which you well know. I know nothing, but they intend to keep me here endlessly. It is said, I must pay one hundred pounds, for
* [Probably Edward Sewall, who died in 1684.]
+ [This person is called in the Records of the Court of Quarter Sessions, John Greek, alias Amazeen.]
# [Rev. Seaborn Cotton, of Hampton.]
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striking one of the king's officers, and must have my name re- turned into the exchequer, and must lie in prison, till the money be paid, and I am discharged from the exchequer. The design you may easily see, is to ruin me, and how vain my pleas will be, you may easily guess. Though I have many things to say, viz. that Thurton was either no officer, or at least, not known to be so, however not sworn, nor did I strike him in the high-way, as he swears, nor is there any proof, but his own single testimony, which how far it avails in such a case, would be considered ; it is also worthy of inquiry, whether ever that law was intended for us, here being no customs to be gathered, no exchequer to be applied to, and therefore, how these methods can be observed, is not in- telligible. You may easily imagine how things will be if I am forced to comply with their humors. Pray consult, consider, and see if something may not be done to put a stop to such arbitrary proceedings, a trial on the place, by indifferent, unconcerned judges and jurors, if, at least, there can any such be found, who will not be forced into what some will have done, but I shall not need to instruct you. There you have better, counsel, then I can give you, and of your fidelity to inquire and remit by the first, what is needful on this account I doubt not.
I have given you but a taste, we that see it, know more than can possibly be understood by those, that only hear, in a word such is the height of their heat and rage, that there is no living for us long in this condition. But we hope God will be seen in the Mount.
. I should have inserted what fell out after the dissolving of the rebelious assembly, there was discourse of constables, and instead of the freemen choosing as formerly, they took a short and cheaper course, and at the Quarter Session, constables where chosen, and to begin with Mr. Speaker, *- he has the Honor to be constable for Portsmouth, Capt. Gerrish, Lt. Anthony Nutter and John Wood- man, for Dover, John Smith; the cooper, for Hampton, John Foul- som, at Exeter. Whether Mr. Speaker shall sew or fine, is not yet determined. And now I am speaking of the General Assem- bly, must hint what was formerly forgotten, viz. that they con- vened on the Monday, and the choice of the speaker (their old one) in words highly approved, and he complimented alamode. Then a bill was sent them down, (of which if I can get it, being now in prison, shall inclose a copy) which they talked a little of, and then brake up for the night and went up to the Bank to lodge, (the tide serving very well to go and come) the report of which highly disgusted, and the next morning the answer to the bill ve- hemently urged, which was in fine a negative. Hereupon, in a great rage, telling them they had been up to consult with Moodey, an utter enemy to church and common wealth, with much of like nature, he dissolved them, which was done on the Tuesday, after
* [Richard Waldron, who, it appears from the Records of the Court of Quarter Sessions, was appointed constable for Portsmouth, 5 February, 1683 -4, but refused to serve.]
t [John Smith, of Hampton. Records of C. Q. Sessions.]
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which he came up to the Bank and gave order for a sacrament on the next Lord's day, as you have heard, and since the assembly men pricked for constables. .
By the premises, you will see how the governor is making good his word. He came for money, and money he will get, and if he get it, you know who must lose it, and how miserable must our condition quickly be, if there be no remedy quickly provided, He contrives and cuts out work, and finds evil instruments to make it up, and these some among ourselves. Thus we are cloven by our own limbs.
28th. Since Mr. Jaffrey was dispossessed, Raines offered him for five shillings per annum quit-rent to Mr. Mason, he should have his house again, provided he would own him proprietor, but he refusing, it is said he shall never have it again. The talk is, that his house must be court-house and prison both, and standing so near the governor, it is judged suitable for both those ends, that he may have the shorter journey to court, and the prisoners may be always under his eye.
29th. John the Greek having lain some weeks in prison upon execution, his goods having been levied upon, (as above) was by Raines locked out of the prison, and bidden to be gone, but he would not, keeps his quarters still with the other two. This day his goods were sold by the marshal, and bought by Thurton.
Mr. Cotton* is come home from Boston. Great offence taken here at a sermon he preached in Boston, on Acts xii. v. though pleasing to the hearers.
March 2d. This day Mr. Jaffrey's goods were all turned out of doors by the sheriff, &c. his man received and disposed of them. Against Jaffrey there are two oaths taken, single oaths, but being for the king, will pass, and orders are given for warrants to ap- prehend him, he appears not.
March 5. It is said that they are going this day to Major Wal- dron's, to serve him as they have done Mr. Jaffrey, and it is given out that the rest will be treated in like manner ; the court was ad- journed yesterday to the next month, probably that they might levy the executions that are in bank before they cut out any more work. Justice Green seems something troubled for sending the minister to prison, and saith he will never do such a thing again, but Peter Coffin saith it is a nine days' wonder, and will soon be forgotten, but others think otherwise. If they go on thus, we are utterly ruined, must go away or starve, if at least we be not so confined that we cannot go away neither. I question whether any age can paraliel such actions.
In my last I sent you a letter to Sir Josiah Child, my master, of which also you have another copy herewith. My design is, that you carry the letter yourself, wait on him while he reads it, and if he will please to hear you, (as I hope he may) that you amplify matters, inform him what further intelligence you have, and attend his direction, if God move his heart to do ought for us. This day,
* [Rev. Seaborn Cotton, of Hampton. See page 107.]
63
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the governor sent us word by the marshal that we must remove to Mr. Jaffrey's house to-morrow, which house is made the prison .- We hope the news of the rising of the Indians will fall to nothing.
Ditto 5th. Thus far was sent you by way of Barbadoes. It follows. The governor did say to a Salem man, that Moodey might go out of the prison, if he would go out of the province, but we hear no more since.
James Robinson under great wrath and in much danger only for speaking something to Thurton (of his being a pitiful fellow, &c.) while said Thurton was active in turning out Mr. Jaffrey's goods.
6th. Matthews and Thurton hunted for Mr. Jaffrey, searched in Mrs. Cutt's house, went into every room above and below stairs, searched under her bed where she lay sick in it, but found him not. They carried it very rudely and basely in their work. Mat- thews said he would catch him, or have his heart's blood, but he was not there, Mr. Jaffrey's goods were carried to the other side by night.
It is said that our imprisonment has much [alarmed] the whole country, and made them more fond of their liberties. This night, Matthews was beaten at Mercer's,* (some fuddling about it, it is like) but it is made a mighty thing on, said to be a deep plot, deeper than Gove's, managed by strong heads, and abundance of that nature, and because the persons concerned were under the influence of Vaughan and Moodey, they should suffer for it, for not teaching them better. Though we know no more of it than you, nor is there ought in it worth notice, but thus we are treat- ed. The governor went up to the Bank and made great inquiries about it. Capt. Pickering and others that were in the fray, are bound over.
7th. They had six pounds, five shillings, of Obadiah Morse, by way of execution. Raines was discarded, being put out of being sheriff, &c. though he had his commission under the seal but the other day. Matthews is made provost marshal (at least) in his room, and Thurton, marshal's deputy. Good birds for such offi- ces, Lord have mercy upon us. They had also eighteen shill- ings from Samuel Case, ; the rest is deferred, and he has put away his goods and intends to remove or go to prison, and so we must all.
11th. The Indian news occasioned an order to the trustees to get ammunition, they came down and pleaded their time was up ; it was said, you shall keep in during my pleasure. They said they had no money of the towns in their hands, nor could any be rais- ed without a general assembly. Then lay out your own money, or else wo to you ; and this they are fain to comply with.
He said and swore that if Mason would not acknowledge a judgment next court, of six hundred pounds, he would take all his business from him, and sue in his own name. He swore he would turn out that rogue Ellet, who is as bad as any other.
Mr. Waldron being sent for by warrant to come before the jus-
* [Francis Mercer, who was an alehouse keeper.]
t [Probably Cass.]
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tices to take the constable's oath, appeared before Mr. Mason and Capt. Barefoote, but excusing it, and giving good reason, was dis- missed upon paying five pounds; but poor Capt. Barefoote was most fearfully rated at for his labor, many oaths sworn that Wal- dron should either take the oath or either take up with a goal .- The next day, (though the justices, whose business it is, had fair- ly dismissed him) he was eonvented again, the oath tendered, he threatened with a prison immediately, but told them he knew the law better than so, then they took his own bond to answer it at quarter sessions, and so far of that matter as yet. Another consta- ble is chosen, viz. Capt. Pickering, though he lias as yet waived the oath, having lately served in that place, and pleading his be- ing bound to good behaviour for that last fray. He talks much of frigates to scare the poor people.
14th. Council sat, and could not agree about raising money, which highly provoked somebody. They said the general as- sembly only could raise money.
The governor told Mr. Jaffrey's negro he might go from his master ; he would clear him under hand and seal ; so the fellow no more attends his master's concerns.
15th. This day the secretary was in a great rage turned out of all his offices, except secretary to the council, (an empty name, little profit) and the books sent for out of his hands. He is much concerned and dejected.
I am credibly informed, and you may believe it, that the gov- ernor did in the open council yesterday, say and swear dreadfully, that he would put the province into the greatest confusion and distraction he could possibly, and then go away and leave them so, and then the devil take them all. He also then said, that Mr. Ma- son said he would drive them into a second rebellion, but himself would do it before; and I wonder he has not; such aetings are the ready way, but God hath kept us hitherto, and I hope, he will do so still. He also said and swore that any person that should have any manner of converse with us, or any of our mind, he would count them his utter enemies and carry toward them as such.
17th. The governor having formerly prohibited the prisoners from making shingles, went himself this day to the prison, and prohibited John Partridge from making shoes ; bade the marshal throw them into the sea.
This day Raines being not willing to give up a warrant that he had executed, during the short time of being sheriff, was sent for by the governor, and not appearing, the governor came to his chamber, and did beat him dreadfully, and bade the marshal carry the rogue to jail. He remains out of favor still. The governor also went over to Capt. Hooke's, and got him to give warrants to the constables on the other side, to search all houses for Mr. Jaf- frey, and bring him over, but they found him not, nor is he yet found, though proclamation was made at Wells court, for his sei- zure, though not yet done.
March 18. This morning came Matthews to our chamber, and
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said the governor sent him to carry me to the prison, where I am, where I still lie ; being put in only for Thurton's action, and kept in, though I offered security to respond it. I think they have let fall the other about the good behaviour, seeing they can make nothing of it, and before my coming in, John the Greek's bed, &c. was turned out of prison, and he forced away, who would not de- part before.
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