Capt. Mason intends a permanent settlement in New Hampshire.--Opposition of Massachusetts, and its cause.--New construction of their charter.--Claim a portion of Mason's grant.--Take possession at Hampton.--Lords Say and Brook purchase Hilton's Patent, at the suggestion of Massachusetts.--Mason attempts to thwart their plans.--Prosecutes his schemes with vigor.--Mason's death.--His will.--His tenants and servants divide his personal effacts among them, and his affairs are left in confusion.--Massachusetts establish their north line three miles north of the forks of the Merrimack snd thus Cover Wheelright's purchase.--Certain people at Dover, propose to put Piscataqua under the jurisdiction of Massachusetts.--A committee negotiate a union.--The people reject the treaty.--Capt. John Underhill.--His intrigues.--Difficulties at Dover.--Underhill in the interest of Massachusetts,--Purchase of Hilton's Patent of "the gentlemen in England."--Peters, Dalton and another, committee to visit Dover.--Get lost in the woods.--The proprietors arrive from Eogland.--The patents upon the Piscataqua are duly transferred to Massachusetts.--She extends her jurisdiction over them.--Opposition, but it is silenced by force.--Underhill departs to New York, himself and family being sent there at the charge of Massachusetts.--Wheelwright flies to Maine but finally makes his peace.--Massachusetts exends her claim still farther north.--A committee establish their nothern boundary at a point three miles north of the outlet of Winnepesaukee.--The Endicott rock.--She then claims Maine.--Gov. Godfrey and council resist.--Massachusetts carries her point by persuasion and force.--Principal men arrested.--Bonython outlawed.--Massachusetts completes her usurpation of the best part of New Hampshire and Maine.
It has been suggested in a preceding chapter, that Capt. John Mason intended making a permanent residence in New Hampshire; but his intentions were frustrated. So long as his settlement at Piscataqua, was prosecuted as a mere mercantile speculation for the obtaining of fish, furs, and lumber, and that with indifferent success, he received little opposition; but as soon as his trading establishment began to be prosecuted with vigor, and to assume a permanent character, then the colony of Massachusetts began their opposition to him and his little col-ony. There were two causes of this opposition. One that Mason and his dependants were Episcopalians, and the other, the intention on the part of Massachusetts to claim the most of his grant of New Hampshire, and that of Gorges' grant in Maine, by a forced construction of their Charter. The charter of Massachusetts defined its northern bounds to be a line three miles north of the Merrimack river, and every part of it. It is evident that the grantors supposed the Merrimack had an east and west course, as from Dracut to its mouth, and it is highly probable that the grantees had the same belief at the same time; but after coming upon the grant, finding from the Indians that the Merrimack made an elbow at Pawtuckett, and that from its source to that place it ran nearly north and south, they began to claim a portion of Mason's grant, and to push their northern line father north than the three miles named in their charter. Thus as early as 1631, they took possesion of Winnecowett, the south part of old Hampton and built a "bound house" there, for the purpose of defending their northern limits, or of taking possession of the territory claimed.1
These proceedings with others, naturally engendered hostilty on the part of Mason and his friends, and he entered into measures with the Government in England, for the purpose of limiting the power, and thwarting the intentions of the Massachusetts colony. Meantime he prosecuted the affairs of his infant colony with renewed vigor and in 1634 sent over a large and valuable accession to the settlement, as before suggested, in servants, cattle, and stores. But death put a stop to all his schemes of aggrandizement. Capt. Mason died on the 26th of November, 1635, leaving his manor of Mason Hall to his grand son Robert Tufton, and the residue of his property in New Hampshire except two thousand acres of land for the support of a preacher of God's word," and a grammar-school, to his grandson John Tufton, on condition that they should take the name of Mason, which condition they complied with.--After the death of her husband, Mrs. Anne Mason, the executrix of his estate, attempted to prosecute the business of the settlement, but the returns not meeting the outlay, she abandoned the attempt, and sent directions to her agent, Col. Francis Norton, to dispose of her personal property.2
He succeeded in getting possession of some of it and drove an hundred head of cattle to Boston and sold them but most of the tenants who had arrears of pay due them, kept the property in their possession, personal as well as real, claiming and holding houses, and lands as their own.3
But in 1636, Mason's affairs being in confusion, the Massachusetts colony began to talk of pushing their northern boundary still farther north than their bound, or possession house, at Hampton. At this time, some of the persons who had been sent out of Massachusetts on account of their Antinemian principles, took refuge at Dover. Upon this, Governor Winthrop wrote to Capt. Wiggin the Governor or Agent of Dover, and the Rev. Mr. Burdet and others of that plantation, that if they received any persons they had "cast out" it would be much resented, and threatening them, if they should receive such exiles, "they should survey their utmost limits and make use of them."4
Again in 1638, the Rev. John Wheelwright having been "cast out," with his associates, and having settled down at Exeter, which tract of land they had previously purchased of Passaconnaway, Runnawit and others, they found that portion of the territory known as Winnecowett, settled upon by the people of Massachusetts. It seems also that certain Indians still claimed Winnecowett, and to quiet them, as well as to obtain in their estimation a good title to the soil, they purchased the tract of the Indians for a valuable consideration. After completing their title to the lands at Winnecowett, they notified the people to desist from farther occupying said lands, and also the colony of Masachusetts, that "they intended to lot out all these lands in farms except" they "could show a better title"5
In 1639, they sent another committee "to find out the northmost part of Merrimack river."6 At this time the north line was established at a great pine, three miles north of the forks of Merrimack, in Franklin. They were induced to take this step doubtless from the fact that the people of Dover, in spite of their remonstrances, continued to receive the exiles "cast out" by Massachusetts, and had elected one of the most obnoxious of them, Capt. John Underhill, as their Governor.
Meantime the policy of Massachusetts in encouraging their friends, Say, Brook, and others, to purchase the Hilton patent began to develop itself, for certain individuals at Dover, comprising those sent over by them, and who were friendly to the interests of Massachusetts, made a proposition to come under the jurisdiction of that government, and in September, 1639, sent a committee of three to Boston, to agree upon terms of union. After some negotiation, terms were agreed upon, and a "treaty was brought to a conclusion," stipulating that Piscataqua "should be as Ipswich and Salem, and have Courts there;" but it was understood that this treaty was not to take effect unless the people of Piscataqua agreed to it.7 Upon the return of the committee the people rejected their agreement. Most of the people went against the union, for the reason that the proprietors mostly lived in England, and they wished to consult them upon a matter of such moment to them. Others consulted their own imerests in their opposition; among them Capt. Underhill, who had been chosen Governor in place of Burdet, and did not care to lose his place any more than to come under the government of Massachusetts, where he had been guilty of many misdemeanors, for which he had been banished. He, however, true to his character, wrote the Governor of Massachusetts, laying the blame of the rejection upon others at Dover, but his duplicity in the matter was fully exposed.8
In the fall of 1640, a Mr. Larkham came to Dover from Massachusetts, where he had arrived during the previous summer, from England. He soon eclipsed Knolles, and raised so much of a party as to displace him. Many of the people became disgusted with Larkham's arbitrary assumption of power, restored Knolles to his office, who excommunicated Larkham. Underhill, of course, supported Knolles' party, and through him sought to ingratiate himself with the government of Massachusetts. In fact, as early as December, 1639, Underhill it seems, made the attempt to gain once more the good graces of the people of Massachusetts, and having obtained a safe conduct, repaired to Boston, where be made a public confession of his faults, but with such apparent insincerity that the "Church presently cast him out." To this he seemed to submit, and while he remained in Boston "he was very much dejected." But upon his return to Dover "he gave not that proof of a broken heart, as he gave hope of at Boston."9 Again soon afterwards he repaired to Boston "to tender satisfaction to the Church," "but the Church would not admit him to public speech. So after one week he returned home."10
But persevering in his plan, in September, 1640, having obtained another safe conduct, "by means of the elders and others of the Church of Boston," he repaired to Boston during "the time of the Court of Assistants," and upon a lecture day, by leave of the ministers, again made a public confession, and at its close, asking "the Church to have compassion on him, and to deliver him out of the hands of Satan, was received into the Church again." Soon after, he went into the General Court and there confessed his misconduct, asking pardon, and was released from his banishment.11
His proceedings forthwith produced the utmost confusion in the colony, and for their better government, a majority of the people on the 23d of October, 1640, entered into a combination, or "body politic" for the purpose of enjoying "the benefit of his Majesty's laws," and all such laws as should be "concluded by a majority of the free men."12 Underhill attempted to "rend this combination," and "contrary to his oath and fidelity," went from house to house, and for his own ends, by flattering and threatening, got some hands to a note of their willingness to submit themselves under" the government of Massachusetts.13 Some of the magistrates of Larkham's party cited Underhill to appear before them, and answer for his conduct in "secretly endeavoring to persuade the inhabitants to offer themselves to the government of Massachusetts, whose favor he was desirous to purchase by these means, as he knew that their view was to extend their jurisdiction as far as they imagined their limit reached, whenever they should find a favorable opportunity."14 Underhill collected together his forces to attack Larkham's party; but they being in the minority, declined a contest. Meantime they had sent to the mouth of the river for assistance, and Williams, the Governor at Portsmouth, came up to Dover with a party, a Court was formed of which Williams was judge, and Underhill and his party were found guilty of riot, and were fined and banished the colony. Underhill had also sent for assistance, and what was not a little singular, he had sent to Massachusetts for that assistance; which goes to show that he thought he had been engaged in a work pleasing to them, if not with their knowledge and understanding. This was in February, 1640. March 4th following, the leading inhabitants of Dover, sent the following letter to the Governor of Massachusetts, explanatory of Underhill's conduct, and of their objection to coming under the Government of Massachusetts:
"NORTHAM, 4 i month. (1.40.) |
HONOURED SIR: -- We, the Inhabitants of Northam, make bould to trouble you wth these few lynes, Certifyinge you that whereas wee suppose Captaine Underhill bath informed you and the rest of your brethren of the Matechusheth baye, that wee are all willinge, voluntarily to submit our Selves to your Gov-ernment upon fformer Articles propounded; truth it is wee doe very well aprove of your judicious wayes, and shall be very joyful, yu please God to enlarge us, that wee may be free from other ingagements and prmises wch some of us are obliged in to the owners or patentees, from whom under his Mat's Letter Patents we enjoy our free liberty, wch causeth us not for present to submit to any other government than that wch wee have already entered into combination to observe according to the King's Mat's lawes, until such time as the owners come over to us, wch wee suppose will be about three months hence, and then our prpositions Considered as the Lord shall direct us, wee will labour more to satisfy you. But for the prceedings of Captain Underhill seeking to undermyne us, and contrary to his oath and fidellyty as we suppose intrusted to him, hath went from house to house, and for his own ends, by flattery and threatening, gotten some hands to a note of their willingness to submitt themselves under your government, and some that have no habitation, to bring his purposes to pass; we doubt not but you are to well acquainted with his stratagems in plotting his owne designs, wch wee refer to your grave judgments. Some of those that subscribed to his note have this day utterly prtested against their owne act, for he hath raysed such a mutinie amongst us wch if we take not Course for the stoping thereof it may Cause the effusion of blood, by reason he hath by his designes privately rent the combination as much as in him lyeth, Contrary to his Act, that is that wee should continue in the same govmnt except an agreement or cause shewed to the Contrary in open Court, agreed on by the maior p'te. thus Much we thought good to acquaynt your wor'p, wthall beseeching your favourable construction, hoping you will weigh our Case in Equity and Conscience, and not any way to enforce us to any act whereby wee should break pr'mise or Covevant wth the patentees or amongst ourselves whchin soe doinge we should sinne greatly. wee heartyly desire your prayers for us, and comit you to the prtection of the Almightye at yor -----to be comanded.
Thom Larkham, | William Waldern, | Richard Waldern, |
William Jones, | John [�] Tuttle, | Edward Colcorde, |
John ffollett, | henry beck, | Robert [R] huckins |
Robert Varney, | Thos. [T] Layton, | Richard Pinkcom, |
Thomas Durston, | Edward Starbuck, | Thomas Tricky, |
Thomas Roberts, | William Pomfrett, | |
Samuel haines, | William furbur, | |
Bartholomew Smith, | William Storer, | |
John Dam, | John [H] Hall, | |
Barthol'ew [�] Hunt, | Phillip Swaddon. |
From this letter it would seem that the leading men of Dover supposed Underhill was in correspondence with the government of Massachusetts, and was doing their work while he "raysed such a mutinie," and was rending the "combination as much as in him lyeth!" Also that the proprietors of the Hilton Patent were expected from England in about three months.
To make sure of a claim of jurisdiction over the patents at Piscataqua, the government of Massachusetts had already entered into a negotiation with the gentlemen in England who owned those patents, for a surrender of the jurisdiction of their patents. This negotiation was nearly completed; but still it was the policy of the Massachusetts government to bring about a voluntary submission on the part of the inhabitants of those patents, to their government. Hence the correspondence with Underhill.
Hence too, upon the application of Underhill for assistance they sent down a committee of three persons, the noted Rev., Hugh Peters, of Salem, the Rev. Samuel Dalton, and another, to examine into the state of affairs in the words of Winthrop, "to understand the minds of the people, to reconcile some dif ferences between them, and to prepare them.15 Prepare them for what? Why, for the event that Governor Winthrop and the magistrates of Massachusetts had long labored to bring about, the surrender of the jurisdiction of the patents upon the Piscataqua to that government, and which they knew would transpire as soon as the proprietors should arrive from England, whose ar-rival was expected in a few weeks.
The government of Massachusetts managed this affair with much adroitness. Underhill had been playing the part of the blustering emissary, till he had thrown the colony into the greatest confusion, and now milder measures and wiser heads were to be used. Accordingly a committee of ability and standing were sent down to Dover, who had the address, to settle the differences among the people, "and to prepare them." The immediate result of their mission was this, "that the one party revoked the excommunication, and the other the fines and banishment."16
This mission was doubtless performed in the early spring of 1641, as snow was upon the ground, and the committee travelling on foot, upon their return, they got lost in the woods, and wandered two days and one night, without food or fire, in the snow and wet."17
Accordingly when the proprietors arrived from England, about the first of June, 1641, they found the people of their patents fully prepared to pass under the jurisdiction of Massachusetts; and on the 14th of that month an instrument passing the jurisdiction of both the Hilton and Portsmouth or Rendezvous patents to Massachusetts, was duly executed in the presence of the General Court, and provided that Massachusetts should have "jurisdiction of government of the said people dwelling or abiding within the limits of both of said patents, to be ruled and ordered in all causes, criminal and civil, as inhabitants, dwelling within the limits of Massachusetts government, and to be subjected to pay in Church and Commonwealth, as the said inhabitants of Massachusetts Bay do, and no other; and the freemen of the said two patents to enjoy the like liberties as other freemen do in the said Massachusetts' government; and that there shall be a Court of Justice kept within one of the two patents, which shall have the same power that the Courts at Ipswich and Salem have."18
The contract coming before the General Court in October, 1641, inform, on the 9th instant, the Court passed the following order:--
"Whereas it appeareth that by the extent of the line according to our patent the river of Piscataquack is within the juridiction of the Massachusetts, and conference being had at several times with the said people and some deputed by the general court for the settling and establishing of order in the administration of justice there; it is now ordered by the general court holden at Boston this 9th day of the 8th month 1641, and with the consent of the inhabitants of the said river, as follow-eth. Imprimis, That from henceforth the said people inhabiting there, are and shall be accepted and reputed under the government of Massachusetts, as the rest of the inhabitants within the said jurisdiction are. Also, that they shall have the same order and way of administration of Justice, and way of keeping courts, as is established at Ipswich and Salem. Also, they shall be exempted from all public charges, other than those that shall arise for or from among themselves, or from any action or course that may be taken to procure their own good or benefit. Also, they shall enjoy all such lawful liberties of fishing, planting, and selling timber, as formerly they have enjoyed in the same river. Mr. Simon Broadstreet, Mr. Israel Stoughton, Mr. Samuel Simonds, Mr. William Tyng, Mr. Francis Williams, and Mr. Edward Hilton, or any four of them, whereof Mr. Broadstreet or Mr. Stoughton to be one, these shall have the same power that the quarter courts at Salem and Ipswich have. Also, the inhabitants there, are allowed to send two deputies from the whole river to the court at Boston. Also, Mr. Broadstreet, Mr. Stoughton, and the rest of the commissioners, shall have power at the court at Piscataquack to appoint two or three to join with Mr. Williams and Mr. Hilton to govern the people as the magistrates do here, till the next general court, or till the court take further order. It is further ordered, that until our commissioners shall arrive at Piscataquack those men who already have authority by the late combination to govern the people there, shall continue in the same authority and power, to be determined at the coming of the said commissioners, and not before."
Two propositions for union were entertained by the General Court.
1st. If the "patents at Piscataquack were taken under the jurisdiction of Massachusetts upon the voluntary submission of the inhabitants, then they were to choose their own Magistrates."
2d. If they were taken as being within the line of Massachusetts, then they were to "be as Salem and Ipswich," to "have such liberties for falling trees, &c., as they had enjoyed," and were "to have Courts there as Ipswich and Salem had."19
EI | SW | |
WP | IOHN | |
ENDICVT | ||
GOV |
which deciphered, doubtless reads--
The Surveyors made the following report to the Messrs. Johnson and Willard.
JOHN SHERMAN, JONATHAN INCE. |
Jur. coram me, JOH. ENDECOTT, Gubr.]
The following year, two ship-masters were sent to the eastward to determine the point on the eastern shore of the same latitude as that found by Johnson and Willard, north of the Ahquedauken. This they found to be the northern point of "Upper Clapboard Island" in Casco Bay. An east and west line passing through these points was determined upon as the northern boundary of Massachusetts.
This line took in the whole of Mason's grant and a large part of Gorges' grant in Maine. This point established, there was little reserve on the part of the court, and they ordered some lands to be laid off to Mason's heirs at Newichwannock as belonging to Mason's estate by agreement of Gorges', purchase from the Indians, possession and improvement. Thus, comparatively speaking, Massachusettss absorbed Mason's entire claim, and the agent forthwith repaired to England, abandoning all hope of redress for the present. This was an opportune time for Massachusetts to complete her long cherished object of seizing the best portion of Gorges' grant lying to the south of the line they had just established. The royal government at home had become subverted--Cromwell's power was in the ascendant. Gorges had become involved if not ruined, as being a noted royalist and the towns in Maine were weakened by divisions, the result of conflicting proprietary grants. Accordingly in the Summer of 1652, Commissioners were sent to "treat with the gentlemen at the eastward." A conference held at Kittery with Governor Godfrey and his council, in which the Commissioners of Massachusetts boldly asserted their claim--and notified of their intention to occupy the Province under that claim. Governor Godfrey denied their right to any part of the Province and thereupon, on the 9th of July, the Commissioners published a protest against Godfrey's authority, and declaring the Province to be within the limits of Massachusetts, and calhng upon the inhabitants to submit to its authority.21
A counter protest was issued the same day by Godfrey, and the other officers of the Province--soon after the Commissioners returned home. But a majority of the inhabitants of Maine, after some months of deliberation, and seeing that Massachusetts was determined to press their claim at all hazards, consented to acknowledge their jurisdiction. Accordingly, Nov. 16, 1652, the Commissloners met at Kittery to receive the submission of its inhabitants, and on the 22d of the same month, they received the submission of the inhabitants of Gorgeana. The inhabitants of Saco submitted on the 5th of July, 1653, and those of Wells on the 6th and 7th of the same month. But some of the people did not submit so quietly. Of these were three men of note, John Bonython living near Saco, Mr. Jocelyn of Black Point, and Mr. Jordan of Spurwink. These men were active in their opposition to this unjust claim, and Messrs. Jocelyn & Jordan were arrested and required to give bonds for their appearance before the General Court. Bonython escaped and continuing his opposition, in 1758 a decree of outlawry was published against him. Finding opposition fruitless the following year he made a written submission, and the decree of outlawry against him was annulled by public proclamation. Meantime, Mr. George Cleaves, the agent of Mr. Rigby, proprietor of the Province of Lygonia, attempted to make terms the Government of Massachusetts, but the General Court answered that their patent had precedence, and they treated his propositions in the most summary manner. In 1758, the towns in Maine had all submitted, and Massachusetts was in full possesion of a large extent of territory to which she had no just title. And "thus" says Folsom, "the 'engrasping' colony of Massachusetts Bay as it was aptly termed by Godfrey and its sister at Plymouth, divided among them the lawful inheritance of the heirs of Gorges and Rigby."22 A more unjust and tyrannical act never was perpetrated upon this continent than this same usurpation by the Colony of Massachusetts of the Provinces of New Hampshire and Maine. It is equalled only by their seizure of the possessions of Gorton in Rhode Island, and neither act was supported by the least shadow of justice, and each, must ever remain a blot upon the moral and political character of the Puritans, without palliation or excuse.
1See Appendix No. 22, Betknap's History. Return
2See files in Secretary's office. Return
3See Farmer's Belknap pg. 23. Return
4Winthrop's His. N.E. Vol. 1. pg. 276. Return
5Winthrop's N. E. Vol. 1. pg. 290. Return
6Hutchinson's His., Vol. 1, pg. 104. Return
7Winthrop's His. N. E., Vol. 1, pg. 319. Return
8Winthrop's His. N.E., Vol.1. pg. 327. Return
9Winthrop's His. N.E., Vol.1. pg. 327. Return
10Winthrop's N. E., Vol. 1, pg. 328. Return
11Winthrop's His. N. E., Vol. 2, pg. 13 & 14. Return
12Belknap, Appendix No.13, pg. 438. Return
13Ms. letter of Larkham, Waldron, Wentworth, Haynes, and others to the Governor of Massachusetts. Return
14Belknap, pg. 26. Return
15Winthrop's N. E. Vol.2. pg. 28. Return
16Belknap, pg. 26. Return
17Winthrop's His. N. E., Vol 2, pg. 29. Return
18Hutchinson's His., Vol. 1, pgs. 98 & 99. Return
19Winthrop's His., Vol.2, pg. 42. Return
20N. H. His., Soc. Coll. Vol. iv. pg. 194. Return
21Hazard 1, 568. Return
22Folsom's Saco and Biddeford, pg. Return
Chapter 6