USA > New Hampshire > The history of New-Hampshire > Part 60
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 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62
21st. Mr. Martyn came to discourse about the money he was cast for, which they have not yet levied upon him, but intend to lay it upon all the old council equally, that each may bear his share. At same time, the governor told Mr. Martyn that he would send his execution. Said Mr. Martyn, you know it is not my due to pay the money. No matter, (said he) I want money, and will have it. But I have none, said he; then I will take your house .- He added also, to Mr. Martyn, that he was a church member, and he would watch him and all such, and be sure to pay them off if he could catch them.
22d. The sorest storm and the highest tide that ever was known. Many thousands of pounds damage in Boston, and much here .- The bridge to the Great Island broken off in the middle, to the great joy of many.
24th. The governor went to Boston in Fox's sloop, intending thence to New-York, pretending to discourse Colonel Dungan, and bring down two hundred Mohawks to kill the eastward Indians. What is at the bottom, or will be the issue, God knows. He had a cold treat at Boston, staid not a night in town. Since his go- ing, we have had little news worthy of your notice, but all things have been very quiet hitherto.
I have not enlarged upon these particulars to my master Child, but if he will take any notice of the thing and be concerned about it, he will then give you opportunity of discoursing him, and you may inform what is further needful.
31st. This month passed out and the other came in, without any noise, unless the great joy that was at the Bank, by Mr. Moo- dey's going up thither, and my going once or twice after, with our keepers, by Mr. Mason's permission, who presides in the gov- ernor's absence; but we soon returned to the place from whence we came.
April 8. Nathaniel Fox, who married Mrs. Stileman's daugh- ter, sent Matthews to arrest Capt. Stileman for his wife's portion, (though it was often tendered him in such pay as the court order- ed it, but he would have it in money.) Capt. Stileman gave his own house and all that was in it, for security to answer the action, but Matthews bringing Thurton with him at his instigation, who was terribly insolent, they arrested the woman, Mrs. Stileman, and carried her to prison with much violence and coarse usage, though her husband had given security. She was carried in the evening. Capt. Stileman wrote to Mr. Mason ; he protested against it, and wrote to the marshal, it would not do. He went again, and Mr. Mason wrote again, but to no purpose ; they kept her there till the next morning ; a thing not to be paralleled in the English nation !-
485
APPENDIX.
Complaint hath been made, but no remedy. Abbot being up at the Bank with me, Thurton took the key of the prison, and when Abbot came, would not permit him to go in, but turned him away. Brave doings ! No tongue can tell the horrible imperiousness and domineering carriage of that wretch. The next morning, Mr. Mason (much ado) got Mrs. Stileman out, and the jailor into his place again.
Mr. Mason gave leave for any minister to come and preach at the Bank, so that we got Mr. Phillips* for two Lord's days, viz. 13 and 20th, having been nine Lord's days without a sermon.
April 14th. Came H. Greene to Mr. Moodey's chamber, and made a confession of his fault, and begged his pardon for putting him in prison, and said he would get him out quarter sessions, &c. Good words, but -. Capt. Barefoote went to the prison, and told John Partridge that if he would give an order to allow so much as his charges came to, out of what the provinces owed him about Gove, for the soldiers, &c. he should come out of prison, and they would pay him the remainder, the whole being about thirty pounds, but he was not forward lest he should in so doing quit them of false imprisoning him; but if they would do it them- selves, stop so they might. Nothing is done in it.
15th. Matthews and Thurton were sent to Hampton to levy executions and serve attachments, and warn jurymen for the court in May.
They arrested seven, among which Captain Sherburne one, warned the old jurymen, executed upon William Sanborn, took four oxen which were redeemed by money, drove away seven cows from Nathaniel Bachiler, went to your house, met your son Peter going with his four oxen into the woods, commanded him to turn the oxen home, he would not; they cursed, swore, drew upon him, threatened to run him through, beat him, but he did not strike again. They came to your house, were shut out, your wife fearfully scared for fear of her son who was out with them. At length she let them in, laid three pounds on the table, which they took, and then levied on several young cattle, but released and left them. Your son came hither to advise, but complaining is bootless, such a dismal case are we in. They took away two beds from old Perkins, but his son offered his person, and they took it, and quitted the other; what more they did there we as yet hear not.
Capt. Gerrish, John Woodman, Lieut. Nutter and Nathaniel Bachiler are sworn constables.
17th. I went to Mr. Mason at Capt. Barefoote's house and had several witnesses with me, and desired him to take depositions that I might send them home, about my case and the rest of the cases, but he refused. The governor had put me in prison when I asked him, and now in his absence, the deputy governor denies to grant them. I hope this will be matter of just complaint, that we should be hindered from applying to his majesty for relief under
* [Rev. Samuel Phillips, of Rowley.]
486
APPENDIX.
our oppressions. You will have evidence of his denial sent home, sworn before some of the Bay magistrates. We can do no more unless the Bay should assist us, which they are loath to do, and we are loath to put them upon, as matters are circumstanced with them ; but we think it should be taken very heniously by all that love justice and willing to administer it, that his majesty's subjects should be thus treated. Surely they are afraid or ashamed of their actions, (and they may be both) else they would not be so shy of having them known.
This is what offers here ; what more needful, cousin Waldron will advise from Boston.
With due respects remain, Your assured friend and servant.
For Mr. Nathaniel Weare, in London.
A discourse with the governor about my imprisonment, May, 1684. [Subjoined to the foregoing letter.]
At a sessions held the 6th May, 1684, I was denied counsel, and to have witnesses sworn. Mr. Waldron, Captain Stileman and Captain Frost were presented.
10th. The governor was with me in prison. Mr. Chamberlain, Mr. Hinkes and Mr. Sherlock with him.
The governor proffered me, (that whereas, I was fined by the justices in Thurton's case, that I might think they had not done me right,) that if I would prosecute it (giving security so to do,) in the king's bench, at Westminster, the exchequer, or before king and council, I should ; though by his commission he could not do it. My answer was, unless I could have security given me, that in case I should recover, I might have my charge and damage made me good ; it would be of no benefit to me. He said there was no reason for that, because it was for the king ; though it was his, because Mr. Mason had resigned up to the king all fines and for- feitures, and the king had given it to him. But he said; if I would deposit a valuable sum he would do the like, and would give bond, and have it tried as abovesaid. My answer was, I thought the forty pounds was enough, and that I expected execution would come out at the time, and should endeavor by the time, to provide enough for it, but withal, told the governor it was at his liberty to remit it, if he pleased, by virtue of his commission.
Also, for my being in prison for not giving bond for my good be- haviour, when the sessions came I was not brought to my trial for that, but remanded to prison again.
At ditto, time the governor told me he had put me in prison on that account, and he would abide by it, till I would give two hun- dred pounds bond. My answer was, I had rather lay in prison, than give bond to tempt such a fellow as Thurton, (or such others) that had sworn against me already, and falsely, and judged it might be no scruple to him to do the like again. And withal, told him, that if his honor pleased to let me out of prison, I would engage myself, by bond, to live out of the province, though that would be very detrimental to my concerns, and by that, I hoped he would
487
APPENDIX.
have no thoughts of my misbehaving myself, that would be detri- mental to the king's government here, or himself. Not that I scrupled giving bond for my good behaviour, though not accused for any thing, but for laying a temptation to some base minded person or persons to forswear themselves, as one had done before, in another case relating to me.
May 12. Was informed, that whereas, Thurton had a commis- sion to be prison keeper, (and withal, had vapored, and said the prison was too good for Vaughan, and the room that he had fitted up, did intend to keep it himself, and that Vaughan should take his quarters where he would assign it, and that the prisoners should not be waited on as Abbot had done, for he would keep them locked up, only come morning and evening,) lost his pocket book, wherein was his commission and sundry papers of concernment.
(The original of this letter and journal is in the hands of the Honorable President Weare.)
No. 45. Copy of a letter from the governor and council to the lords of trade.
Province of New-Hampshire, May 23, 1684.
May it please your lordships,-
Since Robert Wadleigh is returned from England, having lately had an appeal dismissed by the council-board, by taking advantage of Mr. Randolph's absence, who was attorney for the parties, he hath put the people of this province into such a ferment and disor- der, that it is not possible to put his majesty's commands in execu- tion, or any ways govern them. And, though notwithstanding, in obedience to your lordships' commands, we have called an assem- bly, (a copy of the proclamation for that purpose being herein in- closed,) we cannot think it prudent or safe to let them sit ; they being of the same ill humor, or worse, as when Gove went into arms, his design being hatched at the time the assembly sat. And it looks more like a design, they having those four constables into the assembly, that the king's peace may not be preserved, (the whole number of the assembly being eleven :) This Wadleigh being formerly an assembly man, and hath three sons condemned in Gove's rebellion, (and himself now chosen again ;) the oldest of them I have pardoned, one of them is dead, and the other I keep in prison till I receive your lordships' further order. All the other offenders being pardoned. Major Waldron's son is constant- ly of the assembly and speaker, (this being the third that hath been called.) I wish his majesty's clemency do not cause some great mischief to be done here. They have never given TWO PENCE* to the support of the government, and that very rate that was made in the time of presidents Cutt and Waldron, we have according to his majesty's royal commission continued ; but do not think it safe to publish it, unless we had strength to countenance
*The first assembly voted two hundred pounds to the governor, but it is not certain that he accepted it though he consented to the act.
:488
APPENDIX.
our proceedings. This we conceived it our duty to inform your lordships, and are,
May it please your lordships, Your most humble and most obedient servants, The appellants claim by grant from'
Mr. Mason ; and as for Wadleigh, he hath been these sixteen days in the country, and though I have heard much of him, I have not yet seen him.
EDW. CRANFIELD,
ROBT. MASON,
WALT. BAREFOOT,
R. CHAMBERLAIN,
JOHN HINKS,
JAMES SHERLOCK.
"To the right honorable, the lords of the committee of trade and plantation, at Whitehall,
(From the Council Records.)
No. 46. Copy of a letter from Cranfield to Sir Leoline Jenkins, of the same date.
May it please your honor,-
We humbly beg, after your honor hath perused this letter to the lords of the council, you would be pleased to lay it before their Jordships, and desire their lordships to come to some speedy reso- lution ; for it is no longer in my power to promote the honor and interest of his majesty here, without a small frigate to second his majesty's broad seal and other his royal commands. As to the pi- rates, your honor may be assured, that myself and the council will punish them according to their demerits, if they shall at any time happen to come within this jurisdiction ; and carefully obey all other commands which shall be sent unto,
May it please your honor, Your honor's most humble and most obedient servant, EDW. CRANFIELD.
I most humbly beseech your honor by the first opportunity, to send the king's letter to give me liberty to go off to Jamaica or Barbadoes for my health ; finding so great a weakness in my legs, which indisposition hath been contracted by the severity of the cold.
To the Right Honorable Sir Leoline Jenkins, one of his majesty's principal secretaries of state at Whitehall.
(The two preceding papers are in the council minutes, second book.)
No. 47. Copy of Nath'l Weare's first complaint against Cranfield. To the king's most exeellent majesty, and the lords of his most hon- orable privy couneil, --
The humble representation of Nathaniel Weare, inhabitant and planter in your majesty's province of New-Hampshire, in New- England, in America, on behalf of himself and other your majes- ty's loyal subjects, inhabitants and planters there, whose names are subscribed to the four annexed petitions, as follows :-
1
APPENDIX. 489
1. That the honorable Edward Cranfield, Esq., your majesty's governor of the said province, upon his first entrance on that gov- ernment, in order to the enlargement of his power as governor there, beyond the just bounds and limits your majesty was by your royal commission pleased to set him, and to engross the whole power of erecting courts, with all necessary fees, powers and au- thorities thereto, into his own hands, exclusive of the general as- sembly there. The said Mr. Cranfield, at the first general as- sembly there, when the words of his commission ran, 'And we ' do hereby give and grant unto you full power and authority to ' erect, or constitute and establish, such and so many courts of ju- ' dicature and public justice within the said province and planta- ' tion, within your government, as you and they shall think fit and ' necessary for the hearing and determining of all causes, as weil ' criminal as civil, according to law and equity, and for awarding ' execution thereupon, with all reasonable and necessary powers, ' authorities, fees and privileges belonging unto them,' caused his commission to be entered in the council books there, and deliver- ed a copy thereof to the general assembly without the words [and they,] affirming those words to have been put in by mistake of the clerk, in engrossing the commission ; whereby the said Mr. Cranfield has enhanced the fees upon trials there, to his own ad- vantage, as will appear in one of the articles following.
2. Although your majesty has been graciously pleased by your said commission to interpose between the inhabitants of the said colony and Mr. Robert Mason, pretended proprietor thereof, and to direct ---
' That on non-agreement between those inhabitants and Mr. Mason, the said Mr. Cranfield should interpose, who if he could not end the differences between, was by the said commission di- rected to transmit to England such cases impartially stated, with his opinion and reasons on the same, that your majesty with advice of your privy council, might hear and determine the same.' That nevertheless, the said Mr. Cranfield, instead of keeping himself indifferent between the contending parties, Mr. Mason and the said inhabitants, hath by purchase or mortgage from Mr. Mason, made himself owner of the province : And the better to come by what he hath so purchased, he hath under color of the authority of your majesty's commission, made courts, whereof both judges and jurors have agreed with Mason for their own lands, and some of them have taken grants from Mason of other men's lands. That nevertheless this jury is continued from month to month, and kept for this service.
That Mr. Mason has cast forty persons on suit by that jury, the court rejecting all pleas, and though the verdict be given for Mr. Mason according to your majesty's royal commission, (which di- rects as before) and the judgment entered accordingly, yet, upon the execution the inhabitants are turned out of their lands and houses, as it hath fared with Wm. Vaughan and others, and de- prived of all subsistance.
3. That the charge of every action is raised from 20s. to 6l., 64
490
APPENDIX.
which is exacted in money, and though goods tendered, (as usual) the persons are imprisoned for want of money in kind, and Mr. Cranfield himself, takes - of the 6l.
4. That the said Mr. Cranfield, under color of trying actions, has, by setting the fees so extraordinary, forced several to quit their efaims, for want of money to carry on the suit.
5. That the said governor taking upon himself the power of prieeing money not entrusted with him by his commission, hath, against the agreement of the general assembly, by advice of his council, ordered pieces of eight, however wanting in their weight, to pass for 6 shillings.
6. That the said governor, without good and lawful cause, hath taken upon him to commit several men to prison, particularly Wm. Vaughan, until bonds given for their appearances and good beha- viour, when nothing further objected to them.
7. That the said governor and his council, took upon them to make laws and put them in execution, without the general assembly.
S. That to prove the articles above, against Mr. Cranfield, the complainants have successlessly endeavored to procure warrants or summons from the secretary, to summon their witnesses to be sworn, (which cannot otherwise be so) the seeking of such sum- mons has occasioned being bound to the good behaviour, so as the complaining of a wrong done one, does, under Mr. Cranfield's management, but draw a new punishment on the afflicted, but no manner of redress.
All which, the said Nath. Weare, humbly lays at your majesty's feet, imploring your majesty's present hearing what your petitioner is able to make out of the premises, and ordering some eommis- sion to examine the truth of the residue of the said allegations (since your majesty's governor on the place will not admit of such evidence.) That on the return thereof, your majesty's subjeets in that province, may find such relief as to your princely wisdom shall seem meet.
And that, in the mean time, Mr. Cranfield, be admonished not to exceed the bounds of his commission.
And your petitioner shall ever pray, &c.
No. 48. Reference of the same, to the Lords of Trade.
At the court at Hampton court, this 11th day of July, 1684. By the king's most excellent majesty, and the lords of his majes- ty's most honorable privy council.
Upon reading this day at the board, the petition and complaint of Nathanial Weare, inhabitant and planter in his majesty's prov- ince of New-Hampshire, in New-England, in America, in behalf of himself and others, his majesty's loyal subjects and inhabitants and planters there, whose names are subscribed to the four peti- tions thereto annexed against Edward Cranfield, Esq., his majesty's governor thereof ;
His majesty was pleased to order, that the said petition and
491
APPENDIX.
complaint be, and they are hereby referred to the right honorable, the lords committees of this board for trade and foreign planta- tions, who are to consider thereof, and to report to his majesty at this board their opinion thereupon, and then his majesty will de- clare his further pleasure.
PHILIP LLOYD.
A true copy.
(The two preceding papers, are in hands of the Hon. President Weare.)
No. 49. Letter from the Lords of trade to Edward Cranfield
After our hearty commendations to you. His majesty having received the petitions and complaints of divers of his subjects, inhabitants and planters of New-Hampshire, against you for cer- tain irregular proceedings alleged by them to be had by you, in the execution of your commission and administration of justice ; and it being ordered in council, that the said petitions and com- plaints be examined and considered by us, that we may report to his majesty our opinions, to the end his majesty's further pleasure, may be signified thereupon. We have, therefore, herewith sent unto you copies of the said petitions and representations, that you may return your particular answer thereunto with all speed, and that we may the better distinguish the truth of what is alleged or complained of, and of such defence as you shall be able to make. We do think fit, that all persons whatsoever, have free liberty to depose upon oath what they know, and to take copies of all re- cords, in these or any other cases relating to yourself, or the said province, and that the said depositions be taken in writing by any member of the council or justice of the peace in that colony, whom you are duly to authorize thereunto, and as we cannot be- lieve that you will put any restriction or discouragement whatsoev- er, upon the taking and transmitting of all necessary proofs and records, attested by the proper officers, for the clearing of truth in the matters complained of, so we think it requisite, that copies of all affidavits be interchangeably delivered, to each party concerned as soon as they shall be taken, and so not doubting of your com- pliance herein, we bid you heartily farewell.
From the council chamber in Whitehall, this 23d day of July, 1684. Your very loving friends,
Radnor. Guilford, C. S.
Craven. Rochester.
Halifax, C. P. S. Ernle. Godolphin. L. Jenkins.
To our very loving friend, Edward Cranfield, Esq., Lieutenant Governor and commander in chief of his majesty's province of New-Hampshire, in New-England.
A true copy, WILLIAM BLATHWAYT.
(This paper is in the council minutes 2d book.)
492
APPENDIX.
No. 50. A Brief, containing the substance of the affidavits, objec- tions and replies at the hearing before the Lords Committee of the Council for Trade and Plantations, 10th of March, 1684-5.
[Not inserted in the former editions.]
To the first article of the complaint, Anthony Nutter and John Woodman, depose-
That Mr. Cranfield declared in the assembly, that the words [and they] were inserted in his commission by mistake, and dd. a copy without those words. That Mr. Cranfield accord- ingly made Capt. Barefoote a judge of the pleas and chief justice of the province, without the council's advice, and appointed a court once in every month. That the fees for trying all actions were first set at 20s. A former bill of costs in the like case but £1 1s. Another but £1 10s. But now there is added to that 20s. by the said judge, £5 1s. 2d. in Mr. Mason's case.
Note. 'The costs are signed by the judge and not by the gov- ernor.
Note. The witnesses in Mason's cases were always some of the jury.
Ist Objection. That the assembly were of opinion, that the gov- ernor alone had the power of erecting courts of judicature.
Answer. That in November, 1682, the assembly then dispu- ted this matter, and the order produced has no date. Besides, Tipping signs the assembly's acts, and this is only signed by Chamberlain.
2d Objection. Mason swears that the governor gave copies of his commission, with the words [and they] inserted. Mr. Elliot swears the same. And that the council set the fees, which the governor afterward allowed.
Answer. The council were at the governor's pleasure.
3d Objection. Walter Barefoote, the judge, swears that the late president and council took 20s. for every action, before it should be called, and there is now no more taken. And the plaintiff's or defendant's costs or charge, were, as now, taxed by the court, and are very reasonable. That Waldron, when judge, made Randolph pay £8 2s. 6d. costs, in a trial for the king, be- sides damages.
Answer. 1. That the fact is otherwise, as will appear, costs being now altered, £3 to Mr. Mason, in every action, and 12 of them in a day tried. 2. That Randolph's costs were for a special court for that one trial.
To the second.
Note. That at first, Mr. Cranfield gave public notice that all persons might come in, and agree with Mr. Mason. But, John Winget, Thomas Rogers, and Elias Stileman, deponents, came in, and the governor would not intermeddle.
Reuben Hull, deposes,-That Mr. Cranfield owned he had bought the province of Mason.
William Vaughan and Richard Waldron,-That he shewed his deeds from Mason, of purchase of that province, to the deponents.
493
APPENDIX.
Nathaniel Foulsham proves possession given Mason of Capt. Gilman's house and lands.
Benjamin Moulton and William Fifield-The like of San- burn's house and lands, and the imprisoning of Sanburn.
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.