Introduction
GOVERNOR S MESSAGE.
In his message to the Legislature of New-Hampshire, June 7, 1866, His Excellency, Frederick Smyth, Governor of the State, said :
" I deem it my duty to direct yovir attention to the present condition of our Provincial Records, for the period between 1680, when New- Hampshire became a separate royal Province, to the year 1775, when her people adopted a State Government.
" These records are of great importance. Among other things, they contain a large portion of the Town Grants, the Provincial Laws, and all measures taken by the people of New-Hampshire in the prosecution of the French and Indian wars ; yet, valuable as they are, they have never been put in a condition to render them useful, or insure their preservation. A part of them are in bound volumes and a part upon loose sheets, and they are all in manuscript, much of which it is difficult to decipher. They are greatly scattered, also, some portions being found in the office of the Secretary of State, and some in the archives of the Historical Society, and other parts among the Court Papers in different counties, and elsewhere. The work of arranging and indexing these, commenced some years ago by the late John Farmer, Esq., at the instance of the Legislature, should be continued ; and, when properly prepared, should be printed, and thus rendered of easy access.
" An examination of the last two volumes of the New-Hampshire Historical Society's collections— the expense of which was borne in part by appropriations made by former Legislatures, will show the desirableness and importance of the work proposed,— containing as
VI INTRODUCTION.
they do 'the Records of the Committee of Safety' during the whole period of the Revolution, and Provincial Records, Court Papers, and the Province Laws, from 1680 to 1G92.
"Much credit is due to the officers of the Society, and especially to its Corresponding Secretary, Rev. Dr. Nathaniel Bouton, for the patient labor gratuitously bestowed on this valuable work. In prosecuting to completion the enterprise thus auspiciously commenced, New-Hampshire would but be following the example already set by other States."
SELECT COMMITTEE.
On the 14th of June, a select committee was appointed on that part of the Governor's message that related to Province Records : namely, Benjamin Gerrish, jr., Dover ; Nath'l G. Upham, Concord ; John M. Hayes, Salisbury ; Ansel Dickinson, Winchester ; Adoniram J. Patterson, Portsmouth ; Z. S. Barstow, Keene ; Richard H. Hopkins, Chesterfield; George W. Weston, Windham; Horace Eaton, Hillsborough; and William Child, Bath.
JOINT RESOLUTION.
On the 2Sth of June, Mr. Gerrish, from the aforesaid Select Committee, reported the following Joint Resolution : namely,
Resolved b>/ the Senate and House of Representatives, in General Court convened, That his Excellency, the Governor, be hereby authorized and empowered, with the advice and consent of the Council, to employ some suitable person, and fix his compensation, to be paid out of any money in the treasury not otherwise appropriated, to collect, arrange, transcribe, and superintend the publication of such portions of the early State and Provincial Records, and other State Papers of New-Hampshire, as the Governor may deem proper; and that eight hundred copies of each volume of the same be printed by the State Printer and distributed as follows : namely, one copy to each City and Town in this State, one copy to such of the Public Libraries of this State as the Governor may designate, two hundred copies to the New-Hampshire Historical Society, and the remainder placed in the custody of the State Librarian, who is hereby authorized to exchange the same for similar publications issued by other States.
INTRODUCTION. VII
On the 3d of July the above Joint Resolution was passed by the House ; on the 5th by the Senate, and was approved by the Governor July (3th.
COMMISSION'.
Agreeably to the foregoing joint resolution, the Governor and Council made out the following Commission :
To Nathaniel Bouton,* Greeting :
Know You, that we, reposing especial trust and confidence in your fidelity and ability, have constituted and appointed you, the said Nathaniel Bouton, Editor and Compiler of Provincial Records, hereby giving and granting unto you all the power and authority given and granted by the Constitution and Laws of our State, agreeably to an Act of the Legislature, approved July 6, 1866 : To have and to hold THE SAID OFFICE, witli all the powers, privileges and emoluments to
the same belonging, for the term of years : provided you are of
good behavior during said term.
In testimony ivhereof, we have caused our Seal to be hereunto affixed.
Witness, Frederick Smyth, Governor of our State, the thirty-first day of August, in the year of our Lord one thousand eight hundred and sixty-six, and of the Lidependence of the United States of America the ninety-first. FREDERICK SMYTH.
By his Excellency's command, with advice of Council.
Walter Harriman, Secretary of State.
State of New-Hamp.shire.
Merrimack ss.
On the eleventh day of September, one thousand eight hundred and
sixty-six, the said Nathaniel Bouton took and subscribed the oath of
office as above named.
Before us : Peter Sanborn, > Justices of the Peace
Nathan W. Gove, > Quorum Unus.
'■The title " Esquire,"' in the ori^iinal form, is liere omitted.
EDITOR'S PREFACE.
In preparing this first volume of Provincial Papers of New-Hampsliire, I have aimed to collect and embody all reliable historical facts, original papers, documents and records, that could be found relating to the early settlement of the Province, and to its condition from 1623 to 1686.
The earliest original ^pers are contained in a bound manuscript volume, in the office of the Secretary of State, labeled " Province Records, Book I," " Council and Mis. Papers, 1631-1756." From the first portion of this volume every thing has been copied that was presumed to be of public interest. Relative to the period from 1623 to 1631, we have no original records^ but only such statements and facts as could be gathered from early historians, Winthrop, Hubbard, Prince, Morton, Belknap, &c., and from journals of voyages of an early date. This portion of our Province history is involved in considerable obscurity.
From 1641 to 1679, the four settlements that composed the Province of New-Hampshire, namely, Portsmouth, Dover, Hampton and Exeter, were under the jurisdiction of Massachusetts; consequently, we have no records relating to that period, except what are connected with, and contained in, the Records of the Massachusetts Colony. All those records, so far as they relate to New-Hampshire, have been carefully copied, revised, and are contained in this volume. Some very valuable papers have also been copied from " Documents relating to the Colonial History of the State of New- York." The " Court Papers," contained in this volume, were copied from bound MS. volumes in the Register's office, in Exeter, N. H.
In transcribing and preparing matter for the Press, I have aimed to preserve the exact language of the original or copy before me, particularly has this scrupulously been done in writing proper names. In no case have I changed the construction or grammar of a sentence, or even a word, whether correct or not. For the most part likewise, in copying
X editor's preface.
original papers, I have followed the ancient orthography, capitals and abbreviations ; but inasmuch as there is no uniform rule in this matter among copyists or printers, and the utility of it is very doubtful, I have felt at liberty, in frequent cases, to follow the modern orthography, as better for the reader and more convenient both for the copyist and printer.
As Editor I have not felt myself obliged to furnish notes or comments on the text, beyond what was necessary, in some cases, for explanation or elucidation, nor to express an opinion on matters contained in any paper or record. AVhen the text is doubtful I have signified it by an interrogation mark, or by an italicised word in [ ]. The Editor's notes are always designated by — Ed. Quotations or extracts from other authors are duly credited. y
The Editor respectfully acknowledges his personal obligations to his Excellency, Frederick Smyth, Governor, — upon whose recommendation and under whose auspices this work was commenced, — for his courtesy and kindness, and for the uniform interest he has manifested in the successful accomplishment of the undertaking. Likewise, not only is the Editor, but the public generally, under great obligations to Hon. Samuel D. Bell, of Manchester, late Chief Justice of the State, for essential aid in procuring and furnishing materials for this volume, especially for collecting and arranging the " Ancient Grants," as also for his counsel in the preparation and arrangement of the volume. To the Hon. Chandler E. Potter, of Hillsborough, the editor is indebted for aid in deciphering defaced and mutilated manuscripts, and for copies of valuable papers in his possession. To the Hon. AValter Harriman, Secretary of State,* and his Deputy, and to the State Librarian, the editor is under much obligation for facilities aflforded him of access to original papers, and books for reference.
To the candid judgment and acceptance of the People of New- Hampshire, this first volume of Provincial Papers is most respectfully submitted, and humbly commended by their servant, the Compiler and Editor, NATHANIEL BOUTON.
Concord, June, 1867.
•Since elected Governor.
GENERAL CONTENTS.
VOLUME I.
PAGES.
Preliminary Notices, 1-4
Ancient Grants, &c., Capt. John Mason's Will, ... 4-55
The Wheelwright Deed, 56-60
Original Province Papers, 1631 to 1650, .... 61-102
Miscellaneous, Historical \tems, 103-107
Facts relating to the early settlements — Portsmouth, Dover,
Exeter and Hampton— 1631 to 1641, . . . 108-153 Documents and Records relating to New-Hampshire from
Papers relating to the visit of the King's Commissioners :
Copied from New-York Colonial Documents, . . 245-264
Copied from Massachusetts Colony Records, . . . 265-298
Documents relating to Indian troubles, .... 353-365 Names of Deputies from New-Hampshire to General Court of
Massachusetts, 369-372
Commission of President John Cutt, 373-382
Province, Capital, Criminal and General Laws, . . . 382-408
Addresses of the President and Council to the King, &c., . 409-413
Province affairs — witchcraft, rates, &c., 413-433
Edward Cranfield's Commission, as Governor, . . . 433-443
Instructions to Cranfield, 443, 444
Province Laws, under Cranfield, 444-455
Affairs of the Province, under Cranfield's Administration, . 455-575
Petition of the Inhabitants against Robert Mason, . . 575-578
Walter Barefoot, Deputy Governor, 579-590
Letters from John Hogkins, Indian Sachem, . . . 583-585
Joseph Dudley's Administration, President of New-England, 590-601
[See General Index at the end.]
THE PROVINCE OE NEW-HAMPSHIRE,
FROM
PEELIMINAEY NOTICES.
BY THE EDITOR.
New-Hampshire received its name with the Grant to Capt. John Mason, November 7, 1629 ; but previous to this time voyagers along the coast had landed on the shores of the Piscataqua ; grants had been made of portions of the territory, and settlements had been begun in several places on our soil. Historically, facts may be mentioned in the following order :
The first voyager to our shores, of whom we can find any record, was Martin Prinq, who, in 1603, came here with a ship of fifty tons and thirty men and boys ; and a barque of twenty-six tons, Capt. William Brown, thirteen men and a boy. This small fleet was fitted out under the patronage of the mayor, aldermen and merchants of the city of Bristol, England, to prosecute the discovery of the northern parts of Virginia, as the whole country was then called. The flag-ship was called the Speedwell, and the barque the Discoverer. They first touched at one of the islands near the entrance of Penobscot Bay; then visited the mouths of the Saco, Kennebunk and York rivers, which Pring says they found " to pierce not far into the land."
a NEW-HAMPSHIRE.
They next proceeded to the Piscataqua, which Pring calls the westernmost and best rivei', and he explored it ten or twelve miles into the interior.* This visit was made in the month of June, 1603.
In the summer of 1605, the coast of New-England was partially explored by Samuel de Champlain, who sailed from Havre, in France, in March of that year. He made the Piscataqua Bay, July 15, 1605; discovered the Isles of Shoals, and is said to have landed, the next day, at a place called ''Cape of the Islands," which probably is the same now known as Odiorne's Point, in the town of Rye, N. H. ; thence, sailing on the 17th, he discovered " a very wide river," to which he gave the name of "Riviere du Gas," which was probably the Merrimack river, f
In 1614, Capt. John Smith ranged the shore from Penobscot to Cape Cod, and in this route discovered the Isles of Shoals, to which he gave the name of Smith's Isles; and also the river Piscataqua, which he found to be " a safe harbor with a rocky shore." Returning to England he there published a description of the country, with a map of the sea coast, which he presented to Prince Charles, who gave the country the name of i!^EW-ENGLAND.J Hubbard|| speaks of the Piscataqua as a "river of noat, which has been frequented ever since the countiy was first planted, by such as came this way for trafficke with the inhabitants, natives, and others, that have seated themselves in several plantations about the uppermost branches thereof The channel is very swift and spacious, fit for vessels of great burden for the space of near twenty miles, where it divides itself into many considerable bays and small branches, whose streams are in their passage obstructed with falls of broken rocks, that put a stop to such as at the entrance might, by the helpe of its streams, be in hopes of aspiring higher into the inland parts of the country."
* Prince's Annals of N. E., p. 102 : Boston, 1826. Brewster's Rambles about Portsmouth, p. 9.
t Doc. History of N. Y., vol. 9, p. 267. Potter's History of Manchester, pp. 6, 7.
X Farm. Belknap, vol. 1, p. 2.
II Hub. History, p. 16 ; Mass. Hist. Coll., vol. 5.
PRELIMINARY NOTICES. 3
The two most prominent characters that appear in our early- Provincial history, are Sir Ferdinando Gorges and Capt. John Mason. Dr. Belknap says :
Sir ferdinando GORGES " Had been an active officer in the navy of Queen Elizabeth, intimately connected with Sir Walter Raleigh, of whose adventurous spirit he had a large share. After the peace which King James made, in 1G04, he was appointed Governor of the port and island of Plymouth, in Devonshire, Eng. While ho resided there, Capt. Weymouth, who had been employed by Lord Arundel, in search ofVnorthwest passage, but had ftiUen short of his course and put in at Pemaquid (Me.) [1606], brought from thence into the harbour of Plymouth, five natives of America, three of whom were eagerlj^ seized by Gorges, and retained in his service for thi-ee years. Finding them of a tractable and communicative disposition, and having won their affections by gentle treatment, he learned from them many particulars concerning their country, its rivers, harbours, islands, fisheries, and other products; and the numbers, force, disposition and government of the natives ; and from this information he conceived sanguine hopes of indulging his genius, and making his fortune, by a thorough discovery of the country. In this purjiose he, in conjunction with others, ventured sevei"al ships, whei'eof some met with peculiar misfortunes, and others broyght home accounts which, though discouraging to some of ^\s associate, made him determine upon further attempts, wherein his resolution and perseverance were more conspicuous than any solid gain. These transactions were previous to the establishing of the Council of l^Lyiviau:|H, in soliciting which Gorges was so. extremely active that he was appointed their President, and had a principal share in all their transactions."*
Capt. JOHN MASON f Was a merchant of London, but became a sea-officer, and afterward Governor of Newfoundland, where he acquired a knowl-
*See Farm. Belk., pp. 3, 4: Allen's Bio<r. Die, "Gortres," and Belk.
log.
f See Farm. Belk. Allen's Biog. Die, "ilason."
edge of America, which led him, on his retui'n to England, into a close attachment to those who were engaged in its discovery ; and upon some vacancy in the Council of Plymouth, he was elected a member, and became their Secretary ; being also Governor of Portsmouth, in Hampshire (Eng.).* At different times, in connection with Sir Ferdinando Gorges, or for himself, he obtained grants of land from the Council of Plymouth, on the basis of which settlements were begun on the eastern &hores of New-Hampshire. His claim to the Province as proprietor, as also that of his lawful heirs, and the deep interest he took in its settlement and growth, will appear in subsequent pages of this volume. Capt. John Mason died between November 26, 1635, when his Will was made, and the 22d of December following, when his Will was proved.
ANCIENT GRANTS.
[To an adequate understanding of the history of New-Hampshire, and especially of the long, vexatious, and expensive litigations to which we were subjected by the claims of Massachusetts, before our bounds were finally established, it seems necessary to introduce a connected view of Ancient Grants and other Docinneyits relating to the Province ; prepared and furnished by the Hon. Samuel D. Bkll, of Manchester, late Chief Justice of the State. — Ed.]
1. The Patent for the settlement of North and South Virginia, to
the London and Plymouth Companies, date ^^ April, 1606; published entire, 1 Haz. (7oZl, 51-58; Popham Cel., Apx. A. An Abstract is found in Doug. Sum. 5; 1 Wim'n^ Maine, 196.
2. The Charter of the Council of Plymouth, date 3 Nov., 1620 ;
published entire, 1 Haz, Coll., 103-118; Popham Cel., 110- 118. An Abstract 1 Wim'n, Maine, 222. It may be thus abridged :
James, King of England, to all, &c.
Whereas, upon petition of divers subjects, that intended to
make plantations in America, between the degrees of 34 and
* His office and residence doubtless had mucli influence in giving the name of New-Hampshire to his Grant in 1629.
ANCIENT GRANTS. O
45, we granted to Sir Thomas Gates, &c., by our patent, dated April 10, 1606, liberty to divide into two colonies; the first, to be undertaken by certain knights, &c., in our city of London ; the second, by certain knights, &c., in and about our cities of Bristol and town of Plymouth :
And whereas, since, upon petition of said first colony, we have made them a distinct body, giving them distinct limits and bounds and divers liberties, privileges, &c :
Now, forasmuch as we have been petitioned by Sir Ferdinando Gorges, knight, captain of our fort and island of Plymouth, and by certain principal adventurers of the second colony, &c., divers of whom have been at great charge, &c., in seeking a place for a plantation, and have settled some of our people in those parts, and have resolved, in a more effectual manner, to prosecute the same, and desired us to make them a distinct body, and to grant them such estates, liberties, privileges, &c., as are hereafter expressed ; and we are given to understand, by divei-s of our subjects that have for many years frequented those coasts between the degrees of forty and forty-eight, that no subjects, of any christian king or state, are in possession of any of said lands, &c., and, by a plague, &c., the whole territory is in a manner depopulated, &c. :
We, therefoi'e, of our especial grace, &c., by the advice of our Privy Council, grant, &c.,that all that circuit, &c., in America, from forty degrees north latitude to forty-eight degrees, and, by the breadth afoi-esaid, from sea to sea, with all seas, rivers, islands, &c., shall be the limits and bounds, &c., of the second colony. And the same shall be called by the name of New-England in America.
And, for the better plantation ruling, &c., we ordain, &c., that there shall be for ever, in our town of Plymouth, in our county of DevoN, a body corporate, consisting of forty persons, with perpetual succession, called by the name of the Councill established at Plymouth, in the county of Devon, for the planting, ruling, ordering and governing op New-England IN America. And we appoint of the Council —
Lodowich, Duke of Lenox, George, Marquis Bucking- Ld. Steward ; ham, High Admiral ;
NEW-HAMPSHIRE.
James, Marquis Hamilton ;
William, Earl of Pembroke, Ld. Chamberlain;
Thomas, Earl of Arundel ;
William, Earl of Bath;
Henry, Earl of South-Hampton;
William, Earl of Salisbury;
Eobert, Earl of Warwick ;
John, Viscount Haddington ;
Edward, Ld. Zouche, Ld.
Warden of the Cinque Ports ;
Edmund, Ld. Sheffield;
Edward, Ld. Gorges ;
Sir Edd. Seymour, kt. baronet;
Sir Eobert Mansell,
— Edward Zouche, Knight
Marshal ;
— Dudley Diggs,
— Thomas Eowe,
— Eerdinando Gorges,
Sir Francis Popham,
— John Brooks,
— Thomas Gates,
— Eichard Hawkins,
— Eichard Edgecomb,
— Allen Ai)sley,
— Warwick Heale,
— Eichard F. Cotchmny,
— John Bourchier,
— Nathaniel Eich,
— Edward Giles,
— Giles Mompessan,
— Thomas Wroth, Knights ;
— Mathew Sutcliife, Dean of
— Henry Bourchier, Esq. ;
— Eobert Heath, Recorder
of London ;
— John Drake,
— Ealiegh Gilbert,
— George Chudley,
— Thomas Hammond,
— John Argall, Esquires ;
with power, in case of vacancy, to choose others, &c. And they and their successors are incorporated by that name, with power to purchase, &c., any manors, &c., from us or others, in the realme, or other places, and to sue, &c., to sue, &c. ; to choose a president with power to call meetings; to elect members to fill vacancies, such members to take their oaths as councilors, &c.; to have a common seal, &c.
And we do further grant, &c., that said council may admit such persons to be made free and enabled to trade in New- England, and to possess lands and hereditaments in New-England as they think fit, according to the laws, &c., by them established, and under such conditions as they direct, and not otherwise. And may constitute and discharge, all and singular, governors, officers, &c., by them thought fit, &c. ; to attend the business of said company here, and for the government of said colony and plantation, and to make, &c., orders, laws, &c., of government and magistracy fit and necessary for the government of said plantation, &c. ; so always as the same be not contrary to the laws of England ; and the same to revoke and change, not only within the precincts of the colony, but also upon the seas, in going and coming to and from said colony.
Such principal governor as shall be appointed to exercise martial law in case of rebellion, insurrection and mutiny in as ample manner as our lieutenants of our counties in England. And we grant to the council, &c., and to such governors, officers, &c., as shall be by them appointed, according to the nature and limits of their offices, &c., that they may, within the precincts of New-England, or in the way by the seas thither, or from thence, have power, &c., to correct, punish, pardon, govern and rule all our subjects who shall adventui-e in any voyage thither, or that at any time inhabit in the precincts of the colony according to such laws ; and in defect thereof, according to their discretion, as well in cases capital and criminal as civil, both marine and others, so always as the said statutes, as near as conveniently may be agreeable to the laws, &c., and policy of England.
If any transport goods with a pretense to land the same in said colony, and carry the same to any foreign country to sell, the goods and vessel shall be forfeited.
And we do grant to said council all the lands, from forty to forty-eight north latitude, from sea to sea, with havens, &c., mines, &c. ; and all jurisdictions, royalties, &c., in said land, and islands, and seas adjoining ; provided they ai*e not actually possessed by any other christian prince or state, to hold for their sole use, &c., as of our manor of East-Greenwich, in the county of Kent, in free socage ; and not in capite, &c. ; yielding the fifth of ore, of gold and silver, for all duties and services whatever.
The said councill may transport so many of our subjects, or others willing to be subjects, as are willing, with shipping, arms, victuals, clothing, implements, beasts, &c., and other things necessary for said plantation, and for their use or defense, or for trade, without paying any custom for seven years, provided none of the persons be restrained by us or our successors. And the council, their successors, factors, or assigns, shall be free of all customs for seven years, and of all taxes for twenty-one years, upon goods exported or imported, except five pounds per cent ; and the same goods may be exported into foreign ports, if shipped within thirteen months, without any custom.
The council, or major part of them, which shall be present and assembled for that purpose, shall, under their common seal, convey, assign, &c., such portions of lands as are by these formerly granted unto each our loving subjects, naturally born or denizens, or others, as well adventurers as planters, as by the said company, upon a commission of survey and distribution, executed and returned for that purpose, shall be named, wherein our will is that respect be had as to the pi-oportion of the adventures, as to the special service, hazard, exploit or merit of any person so to be recompensed, &c.
We grant to the said council and governors, officers, &c., appointed, to have power of government and command in and over said colony and plantation ; that they may repel and resist, by force of arms, as well by sea as by land, all such persons as, without license of the council, attempt to inhabit them, &c., and all such as shall attempt the detriment or annoyance of said colony. And said council may take and surprise every person, with their ships or goods, trafficking in any harbor, creek, or place, within the limits of said plantation, not allowed by said council to be adventurers or planters. And we do grant that the said territories shall not be visited, frequented or traded to, by any of our subjects from our ports, or those of other princes ; and we forbid our subjects to visit, frequent, or trade into or from the said territories and lands, except the said council, their factors, deputies or assignees, unless with the license of the council first had in writing, and the common seal, upon pain of the forfeiture of their ships and goods. Full power is given to the council, their factors, deputies and assignees, to take, seize, &c., all ships, goods, &c., brought from or carried to the places aforesaid, contrary, &c., half the forfeiture to the council and half to the king. And we grant to said council that we will not give or grant any license, &c., to any person to sail, trade, or traffick to New- England, without the good will of said council. When customs become due from the council, &c., the officers, upon security, are to allow six months for the payment to them, and to be allowed by them.
The president of the company, or his deputy, or any two of the council, may administer oaths of allegiance and supremacy to all who shall go to New-England, and oaths to persons employed for their honest and faithful dischai-ge of service, and unto others, for the clearing of the truth in any cause.
Power is given to apprehend and punish slanderers of the colony, &c,
Eobbers and spoilers by sea, in said colony, shall be punished.
All persons who may go to inhabit in said colony, and their children, shall have all liberties of free denizens and natural subjects, as if born and residing in England; none to go to New-England but such as have taken the oath of supremacy.
A new charter to be granted for better assurance. All constructions are to be favorable to the council. All officers to afford aid.
Note. The provisions forbidding all persons to trade or traffic or inhabit on the coast, without license of the council, and authorizing the seizure and forfeiture of their ships and goods, became the subject of loud clamor and opposition, by the numerous fishermen and others who had been engaged in the trade on the coast, and it was instantly seized upon by the party opposing the king as a political topic. It was denounced as establishing an odious monopoly in a great branch of trade, and when the grievance was presented to the king, it was at the head of the list. The violence of this opposition probably led to the failure of the attempt by the council to establish a general governor and council, consisting of Robert Gorges, son of Sir Ferdinando, as Governor General, and West,
Admiral, Capt. Christopher Leavitt, the governor of Plymouth Colony, and others, to be appointed by them. These officers visited New-England in 1623, commenced settlements at various places on the coast of Massachusetts, New-Hampshire and Maine, were obstinately resisted by the sturdy fishermen on the coast, and returned to England the following spring.
Note. The council of Plymouth are said to have always doubted their power to transfer jurisdiction to any but their own officers. Their grants are said to have contained provisions transferring to their grantees their powers of government. When the question came up in the courts in England, it was at once decided, and without hesitation, that they had no such power. Indeed, the point was given up by Mason and his council, as too clear for argument.
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