USA > New Hampshire > The history of New-Hampshire > Part 62
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APPENDIX.
ton's point, granted by deed above, of the 29 April, 1681, with some other lands therein, were fenced in for pasture 50 years ago, and so held by the people of Dover ever since.
(Found among Weare's MSS.)
No. 52. Report of the Lords of Trade against Cranfield, and the King's order.
At the court at Whitehall, the 8th of April, 1685.
By the king's most excellent majesty, and the lords of his majes- ty's most honorable privy council.
Upon reading a report from the right honorable the lords of the committee of trade and plantations, in the words following :
May it please your majesty,-
Having received an order in council, dated the 11th day of July last, upon the petition and complaint of Nathaniel Weare, inhabitant of your majesty's province of New-Hampshire, in New-England; in the behalf of himself and others, your majesty's subjects and plan- ters there, against Edward Cranfield, Esq., your majesty's govern- or of that province, whereby we were directed to report our opin- ions upon the said complaint. We did accordingly transmit a copy thereof to the said Edward Cranfield, and upon receiving his answer, and hearing what the complainants could allege and make out against him,-We find that the said Edward Cranfield has not pursued his instructions, in reference to the propriety of soil which Robert Mason, Esq., claims in that province, inasmuch as the said Edward Cranfield, by his instructions, is directed, that in case the inhabitants of New-Hampshire should refuse to agree with the said Mason, he should interpose and endeavor to recon- cile all differences, which, if he could not bring to effect, he was then to send into England such cases, fairly and impartially stated, together with his opinion, for your majesty's determination ; whereas, instead thereof, he has caused courts to be held in New- Hampshire, and permitted titles of land to be decided there, and unreasonable costs to be allowed, without first representing the particular cases to your majesty. As to the complaint of his hav- ing raised the value of coins, against the laws of the assembly there, we are most humbly of opinion, that although it be your majesty's undoubted prerogative to set and determine the price and value of coins, within your dominions, yet your majesty's gov- ernor ought not to have made any alterations therein, without having received your majesty's special directions ; all which we humbly propose may be signified to him, by your majesty's order, and that the differences depending between the said Robert Mason and planters, in that part of New-Hampshire, may be at length de- cided. We further offer, that William Vaughan, one of the com- plainants attending this board, may have opportunity allowed him of appealing to your majesty, within a fortnight, from all verdicts and judgments given in New-Hampshire, in his private case, upon
APPENDIX. 503
hearing whereof, and by the relation it has with others, your maj- esty will be best able to judge of the right and title of the said Robert Mason, to that part of the province of New-Hampshire aforesaid, and upon bringing the said appeal, that all proceedings at law, relating to the said title, may forthwith cease, until your majesty's further pleasure be known.
All which is nevertheless most humbly submitted.
Rochester, Arlington,
Halifax, P. Oxford,
Clarendon, C. P. S.
Chesterfield.
Beaufort,
Council chamber, 27 March, 1685.
His majesty in council was graciously pleased to approve of the said report, and to order that his majesty's pleasure therein be sig- nified to Mr. Cranfield accordingly. It was also ordered, that Mr. William Vaughan be allowed to appeal to his majesty, within a fortnight, from all verdicts and judgments given in his private case, in New-Hampshire, according to the said report.
A true copy, WM. BRIDGEMAN.
No. 53. The King's Order for hearing Vanghan's Appeal. [Not inserted in the former editions.]
At the court at Whitehall, the 29th of April, 1685. Present-the king's most excellent majesty in council.
Upon the petition of William Vaughan and Nathaniel Weare, of New-Hampshire, in New-England, setting forth among other things, that in obedience to a late order of council, the petitioner, William Vaughan, hath appealed against several verdicts and judgments, one fine and one decree, given, entered up, imposed and ordered against him, in New-Hampshire, as in the petition is at large set forth, it is this day ordered, that copies of the said pe- tition and appeal be sent to the right honorable the lords of the committee for trade and plantations, who are to examine the alle- gations thereof, and to report to this board how they find the same, together with their lordship's opinion thereupon.
PHIL. MUSGRAVE.
(The two preceding papers, are in the hands of the Hon. President Weare.)
No. 54. Letter from the Lords of Trade to Cranfield.
After our hearty commendations unto you, we have, in obedience to his majesty's commands, received and examined your answer to the complaint of Nathaniel Weare, inhabitant of his said province of New-Hampshire, in behalf of himself, and others of his majes- ty's subjects and planters there, and having likewise heard what the said Weare could bring in evidence of the said complaints, and thereupon reported our opinions to his majesty, we are com- manded hereby to signify unto you, that you have not pursued your
-
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APPENDIX.
instructions in reference to the propriety of the soil which Robert Mason, Esquire, claims in the province of New-Hampshire, inas- much as you were directed, that, in case the inhabitants of New- Hampshire should refuse to agree with the said Mason, you should interpose, and endeavor to reconcile all differences, which, if you could not bring to effect, you were then to send to his majesty such cases, fairly and impartially stated, together with your opinion for his majesty's determination ; instead whereof, you have caused courts to be held in New-Hampshire, and permitted titles of land to be decided there, and unreasonable costs to be allowed, without first representing the particular cases to his majesty. And yet, although it be his majesty's undoubted prerogative, to set and de- termine the price and value of coin, within his majesty's dominions, you have not done well in directing any alterations therein, without his majesty's special order. In both which, you have been want- ing in your duty to his majesty. But, that the chief occasion of dispute in that province may be removed, we are farther directed to acquaint you, that, as to the differences depending between the said Robert Mason and the planters, his majesty hath been graciously pleased, by his order in council, dated the 8th of this instant, April, to permit William Vaughan, one of the complain- ants, attending this board, to appeal to his majesty within a fort- night from the date of the said order, from all the verdicts and judgments given in New-Hampshire, in his private case, upon hearing whereof, and by the relation it has with others, his maj- esty will be best able to judge of the right and title of the said Robert Mason, to that part of the province of New-Hampshire. And his majesty doth likewise think fit, that, upon bringing the said appeal, by the said William Vaughan, all proceedings at law, relating to the said title, do forthwith cease, until his majesty's pleasure be known. Whereof you are to take notice, and to govern yourself accordingly. And so we bid you very heartily farewell. From the council chamber, at Whitehall, the 29th day of April, 1685. Your loving friends,
(Signed)
W. Cant.
Bridgwater,
Guilford, C. S.
Chesterfield,
Sunderland,
Rochester, Halifax, P. Craven,
Clarendon, C. P. S.
Alesbury,
Beaufort,
Middleton,
Lindshy,
Godolphin,
Arlington, J. Ernle,
Hunington,
Geo. Jaffrey.
Directed to our loving friend, Edw. Cranfield, Esq., lieutenant-governor and commander in chief of his majesty's province of New-Hampshire, in New-England.
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APPENDIX.
No. 55. Letter from the same to the same, respecting Vaughan's Appeal.
After our hearty commendation : His majesty hath received the petition and appeal of William Vaughan, inhabitant of New- Hampshire, from several verdicts and judgments given against him in that province, which being referred to us by his majesty's order in council of the 29th of April last, that we should examine the allegations thereof, and make report of the same, with our opinion thereupon, we have accordingly appointed to hear all parties con- cerned in the several cases therein contained, on the first Tuesday, after midsummer day, which shall be in the year 1686. To which end, we herewith send you a copy of the said petition and appeal, which you are to communicate unto Robert Mason, Esq., and to all others whom it may concern, who are to take notice thereof, and to give their attendance at that time either by themselves or by their agents sufficiently empowered by them, to answer the said appeal, and to submit to such judgment hereupon as his maj- esty in council shall be thought fit. And you are likewise to per- mit all persons to have free access to, and take copies of all re- cords within that province relating to the matters in dispute, and to depose upon oath what they know concerning the same, which depositions are to be taken in writing by any of the members of the council or justices of the peace in that province, without any hindrance or discouragement whatsoever, in order to be transmit- ted unto us, for the clearing of truth in that appeal. And so we bid you heartily farewell. From the council chamber in White- hall, the 22d day of May 1685. Your loving friends,
Guilford, C. S. Rochester,
Halifax, Pr. Ormond,
Clarendon, C. P. S. Sunderland.
Lieut. Governor of New-Hampshire, or Commander in Chief for the time being.
(The two preceding papers are in the possession of John Penhallow, Esq.)
No. 56. Copy of the Petition of the Inhabitants against Mason. To the king's most excellent majesty.
The humble petition and address of your majesty's dutiful and loyal subjects, inhabiting in the province of New-Hampshire, in New-England. [1685.]
Most humbly sheweth,-
That your majesty's loyal subjects of this province, had for more than fifty years been peaceably possessed of the lands lately chal- lenged by Mr. Mason, and having found the same an utter desert and forest land, with excessive cost and hard labor, reduced the same to a tolerable support of ourselves and families, and lately maintained the same, with a vast expense of our estates and lives, against the incursions of a barbarous enemy, who had otherwise reduced the same to utter confusion.
66
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APPENDIX.
That upon his late majesty's declaration and order for the set- tlement and government of this province, we accounted ourselves happy for that therein we were by his said majesty's princely grace and favor, saved from the unreasonable demands which Mr. Mason might have made upon us, by the limitations in the commission for government, wherein it was provided that the said president or governor, for the time being, should use all methods by his good advice, to settle and quiet the people, in the matter of Mr. Mason's title, or otherwise impartially to state the case, and report the same to his majesty, that a final determination might thereupon have been made, by his majesty in council, which if it had been duly attended, had, we doubt not, long since, by your majesty's justice and favor, put us into a happy estate of quiet and repose.
That, notwithstanding his said majesty's command and limita- tion, the said Mr. Mason hath been allowed to pursue many of the inhabitants, in several suits and actions, wherein the govern- ment have taken to themselves power of an absolute judgment, without any regard had to the said commands and limitations, and with that excess and rigor as to assign the said Mr. Mason some- times ten pounds, other times twenty pounds costs, when damages have been sometimes not above two shillings, very seldom ten, according to the orders and limitations abovesaid.
That the said Mr. Mason, beyond and beside the said quit rents, and directly against his majesty's order in the said commission, wherein the tenure of improved lands is assured to the ter-tenants, upon payment of the said quit rent, or otherwise, as his majesty in council should determine, hath disposed or given away the fee, to several persons, of several lands, which were, long before his challenge, fenced and improved by others, to the great damage and injury of his majesty's good subjects, beside many other irregular- ities in the management of the government, to the great oppression and destruction of trade within your majesty's province, and the utter impoverishing thereof.
That for the last two years and upward, during the whole man- agement of Mr. Mason's suits at law, against your majesty's sub- jects, there hath been generally one jury returned to serve all the said issues, with little alterations, and almost constantly one fore- man, (who for that end we are apt to fear) was early complied with by Mr. Mason for all the lands in his own possession former- ly, with addition of several other lands to his own profit.
That notwithstanding your majesty's late gracious order, and in- hibiting of any further procedure in the case of Mr. Mason's title, until the cause were brought before your majesty in council, Mr. Walter Barefoote, who was left deputy governor, hath since the arrival of your majesty's commands, permitted executions to be extended, and persons thereupon imprisoned, in causes concern- ing the said Mason's title, with excessive and unreasonable costs and damages.
And lastly, whereas your majesty hath, upon complaint made against the irregular proceedings done and suffered, been gracious-
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APPENDIX.
ly pleased to permit Mr. William Vaughan, one of the principal inhabitants and merchants in this province, to take his appeal to your majesty in council for relief, against several oppressive judg- ments, one whereof refers to the title of his lands within this province, holden in the same form with the rest of his majesty's good subjects here, we do, with all humble gratitude, acknowl- edge your majesty's justice and favor herein, and for that the pur- suance and issue of the said appeal, will therefore necessarily af- fect the whole province and be introductory to the determination of all Mr. Mason's challenge, we have judged it our duty in most humble manner, to prostrate ourselves at your majesty's feet, and have therefore betrusted and fully impowered Mr. Nathaniel Weare, one of the inhabitants of this your majesty's province, our agent, to lay before your majesty and most honorable privy council, the common case and condition of your majesty's poor and distressed subjects in this province, who is fully instructed humbly to repre- sent the same, and the arbitrary and severe oppressions we hare labored under, from which we are well assured of relief by your majesty's most just and gracious determination, and to make an humble and entire submission of ourselves, unto your majesty's pleasure, most humbly beseeching, that we may henceforward have our perfect and immediate dependence upon your majesty and the crown of England, as well in the tenure of our lands as in the affairs of government, which gracious influence of your majesty is only able to revive and restore this province to its formier flourish- ing estate and growth, whereby we may at length be made service- able to your most sacred majesty and the crown, which we are devoted to serve, resolving therein to be exemplary to all other your majesty's subjects in the territory of New-England, and for which we shall every pray, &c.
(This paper is in the hands of the Hon. President Weare.)
No. 57. Copy of the Decision of King James II. against William Vaughan.
At the court at Whitehall, the 19th of November, 1686.
(L. S.) Present-The king's most excellent majesty.
Lord Chancellor, Earl of Plymouth,
Lord Treasurer,
Earl of Morray,
Lord President,
Earl of Middleton,
Duke of Ormond, Earl of Melford,
Duke of Albemarle,
Earl of Tyrconnel,
Duke of Beaufort,
Viscount Stauronberg,
Lord Chamberlain,
Viscount Preston,
Earl of Oxford,
Lord Bishop of Durham,
Earl of Huntington,
Lord Arundel of Wardour,
Earl of Peterborough,
Lord Dartmouth,
Earl of Craven,
Lord Dover,
Earl of Powis,
Mr.Chancellor of the excheq'r,
Earl of Nottingham,
Mr. Chancellor of the Dutchy.
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APPENDIX.
Upon reading this day at the board, a report from the honorable the lords of the committee of council for trade and foreign planta- tions, bearing date the 6th day of November instant, setting forth, that in obedience to his majesty's orders in council, of the 25th of April, 1685, and the 3d of July last, they have examined the ap- peal of William Vaughan, from a verdict and judgment given against him, on the 6th day of November, 1683, in his majesty's courts in New-Hampshire, in New-England, at the suit of Robert Mason, Esq., as proprietor of that province, for certain lands and tenements in Portsmouth, in the said province, and that they hav- ing heard the said Robert Mason, and Nathaniel Weare, attorney for the appellant, and his counsel learned in the law, are humbly of opinion that his majesty be pleased to ratify and affirm the ver- dict and judgment aforesaid.
His majesty in council was pleased to approve of their lorships' said opinion and report, and to order the said verdict and judgment given against the said William Vaughan, on the sixth day of Nov- ember, 1683, in his majesty's courts in New-Hampshire, in New- England, at the suit of Robert Mason, Esq. as proprietor of that province, for certain lands and tenements, in Portsmouth, in said province, be ratified and affirmed, and they are hereby ratified and affirmed accordingly. WM. BRIDGEMAN.
Vera copia, per RICHARD PARTRIDGE, Clerk.
Copy as on file in the case, Allen vs. Waldron, Exam. per GEO. JAFFREY, CI.
No. 58. Four letters or petitions from John Hogkins, commonly called Hawkins, one of the sachems of the Penacook Indians.
May 15th, 1685.
Honor governor my friend,-You my friend I desire your wor- ship and your power, because I hope you can do som great mat- ters this one. I am poor and naked and I have no men at my place because I afraid allwayes Mohogs he will kill me every day and night. If your worship when please pray help me you no let Mohogs kill me at my place at Malamake river called Panukkog and Nattukkog, I will submit your worship and your power .- And now I want pouder and such alminishon, shatt and guns, be- cause I have forth at my hom and I plant theare.
This all Indian hand, but pray you do consider your humble servant, JOHN HOGKINS.
Simon Detogkom,
Peter Robin,
Joseph X Traske,
Mr. Jorge x Rodunnonukgus, .
King _ Hary,
Mr. Hope M Hoth,
Sam _ Linis,
John x Toneh,
Wapeguanat [ Saguachuwashat, John a Canowa,
Old Robin 1, John x Owamosimmin,
Mamanosgues 5 Andra,
Natonill + Indian.
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APPENDIX.
Another from the same.
May 15, 1685.
Honor Mr. Governor,-Now this day I com your house, I want se you, and I bring my hand at before you I want shake hand to you if your worship when please then you receive my hand then shake your hand and my hand. You my friend be- cause I remember at old time when live my grant father and grant mother then Englishmen com this country, then my grant father and Englishmen they make a good govenant, they friend allwayes, my grant father leving at place called Malamake rever, other name chef Natukkog and Panukkog, that one rever great many names, and I bring you this few skins at this first time I will give you my friend. This all Indian hand.
[The rest as before.] JOHN « HAWKINS, Sagamor.
Another from the same.
Please your worship,-I will intreat you matther you my friend, now this if my Indian he do you long pray you no put your law because som my Indians fooll, som men much love drunk then he no know what he do, may be he do mischif when he drunk if so pray you must let me know what he done because I will ponis him what he have done, you, you my friend if you desire my business, then sent me I will help you if I can.
Mr. JOHN HOGKINS. Another from the same.
Mr. Mason,-Pray I want speake you a few words if your wor- ship when please, because I com parfas [on purpose ] I will speake this governor but he go away so he say at last night, and so far I understand this governor his power that your power now, so he speake his own mouth. Pray if you take what I want pray com to me because I want go hom at this day.
Your humble servant,
May 16, 1685.
JOHN HOGKINS, Indian sogmon.
(From the originals in the Recorder's office.)
No. 59. Letter from Capt. Francis Hooke, advising of danger from the Indiuns.
Capt. Barefoot, Sir,
This is to informe you that just now there cam to me a post, wherein I am fully informed that there is just ground to feare that the heathen have a souden desyne against us ; they havinge lately about Sacoe affronted our English inhabitants there by threatening of them, as alsoe by killinge theyre doggs; but more pertickular- ly in that on Friday, Saturday, and Lord's day last they have gathered all theyre corne, and are removed both pack and pack- idge. A word to the wise is enough. The old proverb is, fore- warned, forearmed. Myself and rest in commission with us are fourthwith settinge ourselves in a posture, and tomorrow our counsell meet for to consider what is needful to be done. Not els, beinge in great hast, butt remayn, Sir, your obliged servant,
Kittery, 13 Aug. 1685. FRANCIS HOOKE.
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APPENDIX.
No. 60. Report of persons sent to inquire into the above matter. [No date or signature.]
To the Honorable Walter Barefoote, Esq. and the council of Great-Island.
Gentlemen,-According to your command and order to me, bearing date the 2d instant, I have to the utmost of my power ob- served every particular. Upon our arrival there, on Friday night, they were all very courteous to us, and in the morning my orders were read, which was very kindly received by them, and the reasons why they deserted the places where they usually abode among the English was ;-
1. That four Indians came from fort Albany to the fort at Pen- acook, and informed them that all the Mohawks did declare they would kill all Indians from Uncas at mount Hope to the eastward as far as Pegypscot.
2. The reason of Natombamat, sagamore of Saco, departed his place was, because the same news was brought there, as himself declared, upon reading my orders at Penacook.
3. Natombamat, sagamore of Saco, is gone to carry the Indians down to the same place, where they were before departed from us, on Sunday morning, and desired Capt. Hooke to meet him at Saco five days after.
4. Both sagamores of Penacook, viz. Wonalanset and Mesan- dowit, the latter of which is come down, did then declare they had no intention of war, neither indeed are they in any posture for war, being about 24 men, besides squaws and papooses.
5. Asking the reason why they did not come among the En- glish as formerly, they answered they thought if the Mohawks came and fought them, and they should fly for succor to the Eng- lish, that then the Mohawks would kill all the English for har- boring them.
No. 61. Articles of Peace with the Indians inhabiting New-Hamp- shire and Maine.
Articles of peace agreed upon the eighth day of September, in the year of our Lord, 1685, between the subjects of his majesty, king James the second, inhabiting the provinces of New-Hamp- shire and Maine, and the Indians inhabiting the said provinces.
It is agreed there shall be for the future, a lasting peace, friend- ship and kindness, between the English and the Indians, and that no injury shall be offered by the one to the other.
That if any Englishman doth any injury to an Indian, upon complaint made to any justice of peace, the Englishman shall be punished, and the Indian shall have present satisfaction made him. And if any Indian doth an injury to the English, or threat- en to do any injury, the sagamore to whom that Indian doth be- long, shall punish him in presence of one of the king's justices of the peace.
That if any other Indian shall design any mischief or harm to
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APPENDIX.
.
the English, the Indians inhabiting the aforesaid provinces shall give present notice thereof to the English, and shall assist the English.
That so long as the aforesaid Indians shall continue in friend- ship with the English, they shall be protected against the Mo- hawks, or any others, and may freely and peaceably set down by the English near any their plantations.
Robert Mason, Walter Barefoote,
Robert Elliot, Henry Green,
John Davis, Francis Hooke.
The mark of [ Mesandowit.
The mark » of Wahowah, alias Hopehood.
The mark wo of Tecamorisick, alias Josias.
The mark wo of John Nomony, alias Upsawah.
The mark W of Umbesnowah, alias Robin.
We whose names are hereunto written, do freely consent and engage to comply and perform the within written artieles, as our neighbors have done, and do further engage as followeth :
Lastly, That the Indians shall not at any time hereafter remove from any of the English plantations, with their wives and chil- dren, before they have given fair and timely notice thereof, unto the English, from whence they do so remove; and in case the said Indians shall remove'with their wives and children, without such fair and timely notice given to the English, that then it shall be taken pro confesso that the Indians do intend and design war with the English, and do thereby declare that the peace is broken ; and it shall and may be lawful to and for the English, or any on their behalfs, to apprehend the said Indians, with their wives and children, and to use aets of hostility against them, until the saga- mores shall make full satisfaction for all charge and damage that may arise thereby.
John Davis, Francis Hooke.
The mark of Netambomet, sagam. of Saco.
The mark x of Wahowah, alias Hopehood.
The mark ) of Ned Higgon.
The mark o of Newcome.
Kancamagus, alias John Hawkins, sagamore, signed this instrument, 19 7ber, 1685, his G mark.
Bagesson, alias Joseph Traske, O his mark.
And agreed to all within written.
Testis, JOSEPH RAYN.
No. 62. Petition of William Houchins for aid to obtain a cure of the King's Evil.
Portsmouth, the 7th of Sept. 1687.
To the much honred cort now sitting in said Portsmouth, for the prouince of Newhampshir
The humbel petishon of William Houchins, on of his magesty subgicts belonging to said prouinc, humbly seweth for aduic, ade and releff in his deplorabell estat and condition.
That whereas it has plesed God to lay his hand uppon him, and
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APPENDIX.
that hee is in such a condition not being abell to help him selff, as to the geting a liuing or proquering help or remedy for my distem- per, being low in the world, and hauing useed all the menes and aduic posabell for nere five years past ; having bin informed by som that it is a distemper caled the king's cuell,* so can not be qureed but by his magesty. Hauing littell or nothing in this world, if my liff should go for it am not abell to trancsport my selff for England to his magesty for releff ; thareffor humbly and hartly beg the help, ade and asistanc of this honred cort, that thay would so far commiserat my deplorabell condition as order som way eth- er by breff or any other way that youer honors shall think most meet to moue the harts of all cristen people with compation to be- sto somthing uppon mee, to transport mee for England, whar, God willing, I intend forth with to goo iff posabell, but without help not posabell. This humbly leuing my selff in the sad condi- tion I am in, trusting in God and youer honors for help and aduice, subscrib youer por deplorabell saruant,
WILLEAM HOUCHINS.
No. 63. A letter from Secretary Addington to Major Waldron, ap- prizing him of his danger from the Indians.
Boston, 27 June, 1689.
Honorable Sir,-The governor and council having this day re- ceived a letter from Major Hinchman, of Chelmsford, that some Indians are come into them, who report that there is a gathering of some Indians in or about Penacook, with design of mischief to the English. Among the said Indians, one Hawkins is said to be a principal designer, and that they have a particular design against yourself and Mr. Peter Coffin, which the council thought it neces- sary presently to despatch advice thereof to give you notice, that you take care of your own safeguard, they intending to endeavor to betray you on a pretension of trade.
Please forthwith to signify the import hereof to Mr. Coffin and others, as you shall think necessary, and advise of what informa- tions you may at any time receive of the Indians' motions.
By order in council, ISA. ADDINGTON, Sec'y.
For Major Richard Waldron and Mr. Peter Coffin, or either of them, at Cocheco; these with all possible speed.
* This petition is inserted merely as a curiosity. It was a received opin- jon in that day that the distemper called the king's evil could be cured only by the royal touch. The following advertisement taken from an old London Gazette, is of the same nature.
" These are to give notice, that the weather growing warme, his majesty will not touch any more for the evil till towards Michaelmass. And his majesty's chirurgeons desire, to prevent his majesty being defrauded, that greater care be taken for the future in registring certificates given to such as come to be touched." London Gazette, May 29, 1682.
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