USA > New Hampshire > The history of New-Hampshire > Part 61
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No more turned out of possession, but executions granted against several.
To the third.
The raising of the costs from 20s. to £6, is proved in the first.
Nathaniel Weare .- To prove that costs were, before, always taken in goods, and not in ready money, and that where goods to be had, the persons never taken.
John Pickering and William Cotton .- That for Cotton's costs to Mason, plank or other goods would not be taken, but for want of money Cotton was imprisoned.
Christopher Noble .- The same fully.
H. Axwell, John Partridge, William Cotton and Richard Nich- olas .- That Partridge's costs, goods tendered as before, but re- fused, and Partridge imprisoned ; that he was forbid to work in prison, and forced to live upon his friends' charity.
John Geare and Walter Windsor .- The same to Thomas Pick- ering.
John Smith .- The same to Christopher Hussey.
Mr. Weare knows him to be 86 years old.
To the fourth.
Jacob Perkins and Timothy Hilliard .- That seeing how others were dealt with, by Mr. Mason, by imprisonment for want of mon- ey to pay court charges, they were forced to yield to Mr. Mason's demands.
To the fifth.
14 Nov. 1682. The general assembly ordered pieces of 8, rials and dollars, to pass at 6s. Sd. per ounce, troy weight.
4 Oct. 1683. Mr. Cranfield and his council reciting an act of January then last, but must intend that above, of November, order those pieces should go at 6s. apiece, without respect to the weight, so that some dollars not worth 3s. by weight, pass at 6s.
William Sanburn, swears, he lost 16s. in receiving £5, Spanish money, by reason of the order above.
Jacob Browne .- That he lost a 6th part of £ 5, Spanish money, by reason as before.
Objection. Mason swears, that he first proposed to the govern- or and council, putting a value on Spanish money, as it is at Lon- don his majesty's mint. That the council agreed thereto, and the governor approved it.
Walter Barefoote and Robert Elliot swear the same.
Answer. 1. It is pretty bold swearing he first proposed it .- 2. His proposing it, does not make it lawful for the governor and council to do it without the assembly.
To the sixth.
The mittimus for sending Mr. Vaughan to prison, until £ 500 bail to the peace. Oct. 22, 1683. No crime alleged, nor partic- ular breach of the peace.
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Upon this commitment, the jailor took Mr. Elliot and Mr. Dan- iel's bond for his appearance.
The same day Mr. Vanghan was discharged from being of the council.
The next day, the governor, by a new warrant, taking notice of the bond taken by the jailor, and that the taking such was an es- cape in the jailor, orders his commitment anew, until he give £ 500 security for the peace and good behaviour.
25 Oct. 1683. Mr. Vaughan and Mr. Daniel gave the govern- or a recognizance of & 500, conditioned for Vaughan's being of good behaviour and keeping the peace, and should appear at the next quarter sessions, to answer what should be objected against him.
6 Nov. 1683. At the next quarter sessions, Mr. Vaughan ap- peared, but there being no prosecution he and his bail were dis- charged.
Objection. 24 Oct. 1684. Thurton swears, that in Septem- ber, 1683, he desired Mr. Cranfield to bind Mr. Vaughan to his good behaviour, for beating him, so as he durst not execute his office.
Answer. That this was not thought of at the time of his com- mitment, for if it had, Mr. Cranfield must have bound him to good behaviour expressly to said Thurton, which he did not.
February, 1683. One Joseph Dow, and other jurymen, pass- ing by the governor's house, were invited in, and friendly receiv- ed. But on asking the question, whether they might not, when they were sworn (as before they had done) hold up their hands, instead of kissing the book, the governor fell into a rage, and ask- ed them how they came there. To whom Dow replied, "at your honor's invitation." That Mr. Cranfield complaining of this matter to the next court, as a riot, Dow was forced to give & 100 bond, for his appearance next sessions. When Dow appeared, nothing being alleged against him, he was discharged and his arms restored. But at a another session after, Dow was called again, on the same bond, and the penalty was estreated against him, and he forced to fly out of the province, with his wife and nine chil- dren, leaving his house and grounds, with the corn in the ground, to the governor. This, Mr. Vaughan and Mr. Weare can also prove.
February 6, 1683-4. The governor again committed Mr. Vaughan, for want of security for his good behaviour. Upon which Mr. Vaughan lay in prison nine months.
Peter Coffin swears, February, 1683, That Vaughan demeaned himself civilly to the governor, and offered to give security to the peace, if the governor could give one instance wherein he had broken the law. But the governor, in great heat, charged him with having gone to Boston, with a mutinous petition to his maj- esty, and said he would make a good haul of it, and get £ 100 of every man that had signed that petition, and then ordered his com- mitment, as above.
August 5, 1684. Mr. Vaughan petitioned the president Bare-
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foote, and the rest of the justices, at the then quarter sessions, that he might be brought, by habeas corpus, to answer to what should be objected, and so be either acquitted or condemned.
August 5, 1684. Mr. Cranfield writes to that court, and in- stances many crimes, in general, against Mr. Vaughan, as promot- ing tumultuous petitions, &e., and then requires their binding him over to the next sessions ; and then concludes, not doubting of their care, that he wholly left the determination of it to them, urging, that, if he denied the matter, he had evidence to prove it. The same day, the court continued him in custody accordingly.
September 16, 1684. Mr. Barefoote and the other justices, when the governor was present, committed Vaughan to Hampton prison, until he gave good security for his good behaviour, and for his ap- pearance next sessions, to answer misdemeanors to be objected against him, on his majesty's behalf.
October 18, 1684. After two quarter sessions past, and noth- ing objected against Mr. Vaughan, when his majesty's letter came over on Mr. Weare's complaint, Mr. Vaughan was released by the governor's warrant, but to return to prison in two months.
September 12. 35 Car. 2. Mr. Joshua Moodey being to take a journey out of the province, was forced to give a recognizance of £ 200 to return in three weeks, if alive and well.
To the seventh.
December 22, 1683. The governor and council order sale of goods, taken on execution, to be sold by outery, in 14 days.
That they impose taxes on the inhabitants, to & 500, without the general assembly.
That the justices empowered the marshals, by warrant, to levy the same, on the constables' refusing.
That the justices fined the constables for not collecting the rates -- and that the marshals levied these taxes.
October 22, 1683. The governor and comp. order, no vessels or sloops should come from any other colonies, unless licensed by him, which is, in effect, setting up a license office, whereby the governor got as follows --
7 November, 1684. Daniel Gent, master of a sloop of Boston, swears, that he paid 2d per M., for 100,000 feet boards, landed at Broad Island, in governor Cranfield's time, and never any thing before.
8 November, 1684. John Usher proves the same, paid for the like, though Mr. Cranfield had, by letter, promised they should go free.
6 November, 1684. William Ardel proves the same, for the like.
To the eighth.
William Vaughan and John Pickering .- Prove that, in Februa- ry, 1683, the secretary denied to swear their witnesses, or to at- tend the governor therein, or grant any summons for witnesses, to prove that the governor's secretary would not grant summons, to bring in witnesses, to be sworn, to make out Mr. Weare's cont- plaint, nor swear any that came in without summons, unless his
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APPENDIX.
secretary might have the modelling of their evidence as he pleas- ed ; though his majesty had commanded affidavits should be taken indifferently.
6 November, 1684. Thomas Wiggin and Thomas Graffort .-- Prove the denial of swearing twenty-eight persons, in the matters in question.
And Mr. Vaughan was committed the same day, as appears by commitment before, for desiring the same.
11 December, 1684. John Foulsham and Nathaniel Bachiler .- Swear that, in July last, the governor said he would fine all the petitioners £ 100 each, and that it should be the best toll that ever came to his mill.
11 December, 1684. John Partridge and Nehemiah Partridge .- Swear that the secretary denied them copies of several records, the governor, in March, 1682-3, having ordered the contrary.
Objection. James Sherlock, swears that, the 16th October, 1684, Mr. Cranfield offered Major Waldron to call a council and swear his evidences, before Weare went to England.
Walter Barefoote, the same, and that the governor offered him what copies of records he desired.
Answer. This is true, in fact, the offer was made, but when it was desired, Vaughan was committed.
(Found among Weare's MSS.)
No. 51. A brief of Cranfield's commission, and of the evidence, in support of the complaint, and against it.
[Not inserted in the former editions.]
New-Hampshire, in New-England.
1. IX no. Maii, XXXIIIIto. Car. 2di. The king by letters patent, under the great seal of England, constitutes Edward Cran- field, Esquire, lieutenant-governor and commander in chief of all that part of New-Hampshire province, in New-England, extend- ing from three miles northward of all or any part of Merrimack river, unto the province of Maine.
To execute all things belonging to his commission, as per in- structions therewith, or such further powers and instructions as, under his majesty's sigu manual, shall be sent, and according to the reasonable laws in being there, and such other as shall be made and agreed on by him, with the advice and consent of the council and assembly there, as hereafter.
2. Robert Mason, Richard Waldron, Thomas Daniel, William Vaughan, Richard Martyn, John Gilman, Elias Stileman, Job Clements, Walter Barefoote, and Richard Chamberlain, Esquires, to be of his majesty's council there, and to assist in the govern- ment.
Cranfield to take an oath for due execution of his office and trust, to be administered by any five of the said council ; and he to give the oaths of allegiance and supremacy, and the test in the act for the prevention of dangers from popish recusants, and the oath for due execution of their places and trusts.
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APPENDIX.
3. Power of suspending members in just cause, five to be a quorum.
To certify vacancies by death, departure or suspension, that new may be appointed under his majesty's sign manual.
Power to Cranfield, out of the principal free householders, to fill up the council, when less than seven on the place, and not more, till they confirmed, or others made under the sign manual.
Suspended or displaced members, not to be of the general assembly.
4. Power to call assemblies of freeholders, with consent of the council, till further pleasure signified, which assemblies are to take the oaths of allegiance and supremacy, or be incapacitated.
And the governor and assembly to make laws agreeable, as near as may be, to those of England, to be allowed or disallowed by his majesty, under his sign manual.
5. Governor to have a negative voice in making laws, with power to dissolve and prorogue general assemblies at pleasure-to use the public seal.
Power to give the oath of allegiance by himself, or others, to whom he pleases.
Power to himself to erect what courts he thinks necessary for law and equity in matters both civil and criminal. To make judg- es, justices of the peace, sheriffs, and other necessary officers, and to administer necessary oaths to them.
Power to pardon criminals, (except in treason and wilful mur- der,) and to reprieve therein also, until his majesty's pleasure be known ; and to remit fines, &c.
6. Appeals to the king and his council, in all actions real and per- sonal, of above £ 50 value, and not under, the appellant giving good bail, to answer costs and charges, which shall be awarded by his majesty here, and execution not to be suspended by the appeal.
In cases of life or limb (wilful murder excepted) the party con- vict to be either sent to England or his case ; and execution res- pited until orders therein returned by the king or his council.
Power to levy men and transfer them from one place to another in America.
7. To execute the office of captain general, and martial law in time of war. The governor, with consent of the council, to erect forts, platforms, castles, cities, boroughs, towns, and fortifications, necessary, and the same to fortify or dismantle. Invasion to be repelled by force of arms.
To discourage vice and encourage virtue.
Liberty of conscience to all protestants, and those of the church of England to be principally encouraged.
8. The present taxes to be continued until the general assembly fix others. Public money to be issued by the governor's warrant, with consent of the council, and to be used for support of the gov- ernment, and not otherwise.
The governor to be vice-admiral of all the seas and coasts be- longing to his government, and to receive instructions therein from the D. of Y. lord high admiral there.
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APPENDIX.
Power to appoint fairs, marts, and markets, with advice of the council.
The like for ports, harbors, havens, &c. for shipping, &c. and custom houses and officers for the same, and those to alter and diplace, following the rules of the acts of trade and navigation.
9. All officers and inhabitants to be aiding to the governor in execution of the said powers.
Power to appoint and displace a deputy governor ; who is to be of the council.
The council to govern on the death of the governor, and in his absence when no deputy appointed.
10. Recites that the land in New-Hampshire was held and im- proved by several, under title from the Massachusetts, since evicted.
And Mr. Robert Mason's claim thereto ; for prevention of whose being unreasonable in his demands, his majesty had obliged him under hand and seal, to demand nothing for the time past, until the 24th June, 1679, nor molest any for the time to come, but make them titles forever, paying 6d. per &. for the true yearly value of all houses built, and of all lands, whether gardens, orch- ards, herbal or pasture, improved by them, which shall be bound- ed to them, provided Mason have the residue to make the best of.
11. On non-agreement between the inhabitants and Mason, the governor to interpose, who, if he cannot end the differences be- tween them, is to transmit to England such cases, impartially sta- ted, with his opinion and reasons on the same, that his majesty, his heirs and successors, with advice of the privy council, may hear and determine the same.
The governor to hold his office and said powers, during his majesty's pleasure. The commission of 18 September, 1679, to be void,
William Vaughan will depose, that at a court on Great-Island, 6 Nov. 1683, Walter Barefoote, deputy-governor, Nathaniel Fry- er and H. Greene, judges, Robert Mason, plaintiff, W. Vaughan, R. Waldron, N. Weare, and Eleanor Cutt, widow, defendants, concerning title of lands, judgment was given for the plaintiff, from which defendants appealed, and their appeals were admitted. And the 16th following, Mr. Mason promised to attend at Mr. Vaughan's house, to take the security, where the appellants and security attended, but no Mr. Mason nor secretary. But appel- lants and security went and found out the secretary, to whom they tendered security, who said he had no orders to take it, and re- fused taking it, whereby the seizin and appeal lost.
That in order for the trials for Mr. Mason's land ; 1. There is a standing jury kept from month to month. 2. That by report, those jurymen have agreed with Mason for their lands. 3. That several pleas have been refused, and the defendants told p. judges, they would not make record for them by entering their pleas. 4. That the courts refused reading the stat. 27 Eliz. c. 6, sect. 2. Coke's Inst. lib. 2, cap. 12, p. 156, and other statutes,
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APPENDIX.
17th Feb. 1682. The governor, Mr. Cranfield, by note affixt on the church doors, gave notice, that if the inhabitants of that province came not in within a month, to take leases from Mr. Mason, pursuant to his majesty's commission, he would certify the refusal to his majesty, that Mr. Mason might be discharged from his obligation to grant such.
Signed, ED. CRANFIELD.
4th Jan. 1683. Joshua Moodey will depose, that Gov. Cran- field, about December, 1682, shewed the deponent writings, under the hand and seal of Robert Mason, conveying his right to New- Hampshire Province to Mr. Cranfield.
4th Jan. 1683. William Vaughan and Richard Waldron, jr. will depose the same.
4th Jan. 1683. Reuben Hull will depose, that in December last, Mr. Cranfield said Mason had given him deeds for his prov- ince, which he had shewn to Mr. Vaughan and Mr. Waldron, and intended suing Mason at the next court for the same.
William Fifield, jr., Richard Sanbourn, and Nathaniel San- bourn, will depose, that in October, 1683, being at J. Sanbourn, senior's, house, when Robert Mason, Sherlock, the marshal, and James Leach, came to give Mason possession : when Sanbourn not opening the door, Leach, per marshal's order, broke it open and gave Mason possession, and Sherlock took Sanbourn prisoner. When Mason openly told the people, " this is what you shall all come to."
Thomas Wiggin swears, 13 April, 1683, that in March last, he and Robert Mason and Robert Hall, being at Deputy-Governor Barefoote's house, Mason said he would seize Major Waldron's, Joshua Moodey's, John Partridge's and Capt. Tippen's lands, who should not have one foot in the province, and that he would live in Andrew Wiggin's farm, being a good one. That the people had been in one rebellion, and he would force them into a second, and then hang them. That shortly there would be a frigate there with soldiers, whom he would quarter in the province, at the peo- ple's cost, and that then they would rebel. That let Wadleigh go for England if he would, New-England had now no friend in the council or committee, but formerly they had the lord privy seal. That he and his two sons would fight any six there, for the prov- ince, at sharps. Sworn before
WM. VAUGHAN, Just. Peace.
18 April, 1683. Lieut. Robert Hall, justice of peace there, swears the same, before Justice Vaughan.
14 April, 1683. Shadrach Walton swears, that about three weeks before, he heard Mason say, that he looked for a frigate with soldiers, and would quarter teu at each house, till they eat up all the people's cattle and sheep, and beggar them, and that then he should see what they would do; and upon inquiry of the reason why, said it was because they would not comply with him according to his majesty's order. Said he would speedily seize Major Waldron's, Mr. Moody's and J. Partridge's estates, and bade deponent tell Lieut. Nutter his estate was going after the rest. Sworn before W. VAUGHAN.
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APPENDIX.
Against us.
27 Sept. 1683. R. Mason, R. Chamberlain, and Joseph Rayne swear, that 25 Sept. 1683, in a trial between Mason and R. Wal- dron, the defendant excepted against the whole jury, and openly told the people they were all concerned, that his would be a lead- ing case, and that they must all be Mason's tenants, and that they being all parties, could not be of the jury. That Barefoote being the judge there, would have committed him for the words as mu- tinous. That the said Waldron, in March, 1680, said they were not the more bound to believe the king's letter, because the king had writ it.
Thomas Philbrick speaks of some discourse between him and Henry Greene, Esq. about Henry Roby and Nathaniel Boulter, two standing jurymen's having had land from Mason, which was worth £100, above the 2d. per acre to be paid. Note .- H. Greene is one of the judges.
Henry Dow can testify, that the 11th October, 1683, Henry Roby had land measured out to him of 100 acres upland and marsh, appointed him by Mason, And Nathaniel Boulter, senior, and his sons, had 20 acres, which he said was too little, in that Mason had promised him 30. And Robert Smith had a piece of marsh land, he claiming the saine from Mason. That these grounds were part of the unfenced pasture, where the milch cows of Hampton inhabitants used to feed, the loss whereof is of great prejudice to the town.
Ephraim Marston says the same.
17 July, 1683. R. Waldron, John Windiat and Thomas Rob- erts, certify, that upon the governor's summons of the 17th Feb. 1682, above, within the time set, attended the governor, to know his pleasure therein, who bade them agree with Mason ; on dis- course with whom, in another room, the governor overhearing, came in, and told Col. Waldron that they should not hector so in his house, and bade them begone; that they propounded to Mason to refer the matter to the governor, or otherwise, that the govern- or should state the case to his majesty, according to the commis- sion ; which Mason refused, saying that unless they owned his ti- tle, he would have nothing to do with them.
Richard Waldron, senior, fined £5, for mutinous words spoke at a trial, between him and Mason. And fined £10, for words spoken to the . dishonor and contempt of his majesty, from which sentences he desired leave to appeal.
Cert. p. RICH'D CHAMBERLAIN, Prothon.
11 Sept. 1683. Warrant to James Sherlock, marshal, or depu- ty, to attach the goods, or for want thereof, the body of R. Wal- dron, and take bond, with sureties of £4000, for his appearance, in trespass for lands held and woods felled to £ 4000 value ad. s. R. Mason. Sept. 19, 1683. The warrant served on part of the defendant's goods, in the name of the whole. 6th Nov. 1683 .- Judgment for the plaintiff, 10s. damages, and £5 8s. costs. The defendant appeals, which allowed, on £ 200 security before the 16th, to pay the cost of the appeal, and to prosecute it in six months. 23 Nov. 1683. Warrant for costs.
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APPENDIX.
10 Dec. 1683. The governor and council commanded the min- isters there, to admit all persons, not scandalous, to the sacrament, and their children to baptism. That if any desire the sacramant or baptism, according to the liturgy of England, that it be done, pursuant to the laws of England and his majesty's command to the Massachusetts. Ministers refusing, being duly required, to incur the penalty of the state, and the inhabitants freed from paying tithes or other duties to such minister. And the governor ordered Joshua Moodey, minister of Portsmouth, personally to read that order at his meeting-house, the next Lord's day.
4 Dec. 1683. The governor and council ordered all the minis- ters in New-Hampshire, to attend the Monday following, to give their reasons why they did not administer the sacraments accord- ing to his majesty's letters sent the Massachusetts, and the statute in that case.
15 Jan. 1683-4. James Sherlock gives Moodey notice, in wri- ting, that Cranfield, Barefoote, Chamberlain and Hincks, would receive the sacrament, according to the liturgy of the church of England, the next Sunday.
April, 33tio. car. 2di. 1681. By indenture between Robert Mason and Richard Rich, Mason, in consideration of 20s. bargains, sells, enfeoffs, &c. to Rich and his heirs, an house and orchard at Do- ver, a field of 8 acres, 2 acres on the common, another field of 3 acres and a half, and 6 acres. Land at Hilton's point of 20 acres, 3 acres marsh land, 10 acres upland, leaving highways, with lib- erty of feeding cattle and cutting necessary woods, excepting mines and minerals, and pine trees of 24 inches and more diameter .- Habend. to Rich and his heirs as parcel of Dover manor, reddend 25s. per annum, with a clause of distress. Covenant for the gran- tees building two houses, in two years, at Hilton's point and to pay 2s. per annum rent, for each, to Mason and his heirs. Cove- nant for quiet enjoyment under the said rents, and against incul- brances. Covenant for the grantees payment of said rents, and preservation of the boundaries. The grantee, &c. at every ten years to deliver engrost terrars of the premises.
ROB'T MASON.
24 May, 1681. Robert Mason, by writing, made Nicholas Shapleigh his attorney, with power to make deeds to the inhabit- ants for the lands they now possess, and what other they had oc- casion for, which he obliged himself and heirs to ratify. Gave notice he would return from England the next 'spring, and by his majesty's grace ease them of the heavy taxes then imposed.
ROB'T MASON.
7 Jan. 1683-4. Richard Waldron, William Furber, senior, and Henry Langstaff,* offer to depose, that the 20 acres on Hil-
* [In Rev. Mr. Pike's MS. Journal, I find the following note on this per- son, who was at Pascataqua as early as 1631. " July 18, 1705. Mr. Henry Langstar, of Bloody-point, deceased, after ten days sickness, occasioned by a fall into his Leanto, four stairs high, whereby being greviously bruised, it brought an inflammation upon him. He was above 100 years old. hale, strong, hearty man, and might have lived many years longer, if, &c."]
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