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Coast for y^ Security of Merchant Ships and other Vessells
inward and outward bound, giveing them all the protection
& Assistance you may be capable of And make yo'' course
first towards the Eastward as far as Casco Bay and speake
with Captain Alden if not gone from thence and give him y*"
notice of a Vessell fiting out for the Bay of iFundy agreeing
with him of a place where they may meet him and signify y®
same in a Letter by the first opportunity^ you can ; Endeav-
our the pursuit and prosecution of any Vessells of the
ff'rench that you descry or shall have the notice of; Let
yo'' chiefe Station be according to former Orders and take
all opportunitys to advise of yo'" proceedings; Praying God
to give yo" Success.

Boston. March. 29'^ 1692



Capt. Hatch's Instructions, March 29, 1692.

Captain Hatch./-

These are to Order you forthwith with yo"" Vessell
and men to set Sayle towards the Eastern Shore



OF THE STATE OF MAINE. 379

in pursuit of the tfrench Vessel 1 that has lately
annoyed this Coast and use utmost dili<ijence for
the finding and attacking of them ; And call in
at Casco Bay to speake with Cap"" Alden if not
gone from thence, and give him what assistance
you are capable of, and for the safe bringing off
the Captives in case they be recovered out
of the hand of the Enemy ; and having done
what you are capa1)le of there, return back again
in to the Bay, and cruise betwixt the Capes for
the Security of Navigation, and the prosecution
of any of the Ships or Vessells of the Enemy
that you may descry or shall have the Notice of ;
until farther Orders arrive unto you, which you
uiay Expect ; Praying God to give you Success
in yo*' Enterprize.



" Cap'^^ Southacks Instructions^ March 1692''^

To Captain Cyprian Southack Commander
of the Briganteen William & Mary./.

Whereas this Coast has lately been annoyed by a Vessell
nian'd with French men and others comeing from Port Royal
or S* Johns River, who have committed divers Spoyles, and
Surprised several vessells with their goods belonging to
their Ma"*^^ Liege people of this place And the Briganteen
William and Mary, whereof you are Comander being Set
forth on their Ma"''^ Service to pursue and attack the said
Enemy, and for the recovery of said Vessells and goods and
the doing of such further Service against their Ma"''^ Ene-
mies ffrench or Indians as you may be capable of and shall
have opportunity for.

In Prosecution thereof you are to Observe the following
Instructions



380 DOCUMENTARY HISTORY

At yo'' going forth you are to speake with Captain Hatch,
Commander of the Sh)op Mary, if you see her in yo'' course,
that you may be Informed by him where you shall meet w*''
Cap"*" John Alden, who is hereby appointed to accompany
you w"' his Vessel 1, and Impoured to be of Council with &
Assisting unto you in the pursuance of yo"" designe into the
Bay of Fundy ; Missing of Captain Hatch, you are to touch
at Mares Point in Casco Bay, and Captain Alden being gone
from thence, Sayle forward to Naskeag and any other place
of which you shall have notice or may Suppose him to be
gone unto ; And with him (in case of yo'' meeting together)
or otherwise with yo'' own Vessell pursue after the said En-
emy to Penobscot, S' .Johns River, Port Royal or elsewhere
Avithiu the said Bay, where you shall understand or suppose
most probable to find them, and them take Seize fight or
destroy, with such others as have or do harbour aid and
assist them in their hostility's ag*^ their Ma"*"* Subjects, with
all such Vessells and Goods as you shall find belonging to
them or in their possession, and bring or send them unto
this Port in order to a Tryal and adjudication.

In case you hear of the said Enemy or any of them at
Port Royal, there meditate and practice the most Easy
waies and Methods for the recovery and Seizing of them,
that you can, SO as to avoid all Violence or injury to such
of the Inhabitants as continue firm in their Obedience to
the Crown of England, requiring their Assistance and En-
couraging them in their duty but suffer no Vessell capable
of being improved for further mischiefe to remain in the
hands of any of the ftrench Nation if they fall within your
power.

Improve your utmost diligence in the dispatch of this
Affayre lest some French Vessells should arrive of too great
a force for you, and be very carefuU in looking out to pre-
vent your being Surprised or betrayed ; doing the utmost
Service you can in the time for the makeing of Spoyle up on



OF THE STATE OF MAINE. 381

their Mrt'""' Enemy% French and Indians, And giveing As-
sistance to their Ma"'''* Subjects. —

See that yo"" Officers Marrin" and Souldiors be Sutably
provided and l^eep them in good Order and under Com-
mand, and Let all prophaness, cursing Swearing or Blas-
phemy be Suppressed and duely punished, And the holy
Name of God be duely Sanctilied in daily worshiping of
him./. —

Dated at Boston March. 31°. 1692
By Order of the Gov"- & Council

Js* Addington Secry/ Signed. Sim Bradstreet Gov""
A true Copy of my Instructions

Rec^ from the Gov"" and Council

g me Cyprian Southack



Petition of Thomas Footman.
March the 29"^ 1692



to the honorable Court now sitting in gortsm° the
humble peticon of thomas ftbotman humbly Shueth
that youer petitioner being Imprest almost two years past
to serue their magstys and one the first Expedition was
Listed vnder the honrable Cap' John floyd where upon y^
first ffight our commander had (which was at osteriuer New
town) your petitioner was wounded, on which wounds your
petitioner is not healed, nor cannot Exspect to be euer Able
to work to get a Competant Liueing, your peticoner beinor
Reduced to so w^eake and Low Estate nothing to help him-
seltf for present nor for futuer no wages Rescued, nor non
to pitte a pore wounded soulder, Charritye also grone Cold
the docters they demand mony, your peticioner hauing for
hmiselff nether meat nor drink nor Cloths, makes your pe-
ticconer humble addres his pore and miserable Lowe Con-
dition to this honorable Court humbly Craueing Releff



382 DOCUMENTARY HISTORY

not douting but this honorable Court will be
plesed to Consider youer peticeoners Case and
find a way that your petitioner may may be Re-
leued & your petitioner shall pray

Thomas ffootman
The Court haueing Considered the petitioner & not being
in a Capasaty to yeld Releue in this matter Refere the
petitioner to to the honrable the gouener & Councle :

John Pickerin Clark —
A trew Copy of the petition on file in the quarter
Court Records : taken this 5"' : of Aprill 1692

John Pickerin Clark

This is to Sartifi thara to home it may Consarn that I
Imprast Thomas footman on the 20 day of June 1690 per
order of Maj°'" Vaughan for the Exspedition to Winipisiocke

gisCataway Aprill the 4 Day 1692. Lowis and Cristan
Willames aCount of ther Charg to Thomas fottman for his
tendance and seuen months diate during the Cure in which
time the said fottman not able to put on his Cloathes which
is 7 : Shillings and : 6 pence a week.

For his Cure to the Cherorgon this 7 months time which
is 6 pound to me

John Dauies



Petition of Thomas Footman

To the Honour"^ the Gouerner of their Maj""
Colloney Massatusets in New England-

The Humble Petition of Thomas Footman
Humbly sheweth

That Your peticoner being Imprest about 2 years
Since in their Majes*^ Seruice and Serued vnder
Capt. John Floyd, and in flight wee had at



OF THE STATE OF MAINE. 383

Oyster Riuer yo'" Peticoner was greiuiously
wounded of which wound he is not healed, but is
disinabled for euer to get his Lieuing by Labour
of his hands Your peticoner was aduised to peti-
tion a Court y* was holden at Portsmouth y®
29*'' of March Last, (for Reliefe) accordingly
your Peticoner did. That Court aduised me
to petition your Honours, y"" said Court hath
also Referd y* petion Signed by y^ Chirk to your
Honours as by y*^ the Enclosed appears.

Your petitioner most Huml)ly prayes that
your Honours would be graciously pleased
to Con[sider] the poor and miserable
Case of your petitioner and finde a way
for his Releife and yo"" peticon'' shall pray

Thomas Footman
De'position.

Robert Mitchell aged 24 years or thereabouts sayth that
beinge master of the Barke Mary belonging to Kittery in
the county of Yorke alius the prouince of Mayne ; beinge
ariued from Salt tartudas and saylinge into the riuer of pis-
cataqua in order to my sayling ouer to Kittery side where
my owner dweleth ; but seeing y^ ^'>^^g abroade upon the
fort at Hampshire I struck downe both my top sayles in
honour to the theire Maiestys ftagg — but cominge in with
both my topsayles downe, notwithstanding soe soon as I
cam within shott they fyred a great shott at me and withall
hayld me. And comanded me to com in under the fort and
com to an anker, on which I informed them that I was
])ound ouer to the other side meaninge the prouince of
Mayne, they answeard me if I did not luff up & com to an
Anckore there, he would fyer through nie, where upon be-
ing comanded I cam to an anker and liaised out my boat,
and went ashore, and went to the deputy Collecters hous
where the gouernor and deputy collector was together it



384 DOCUMENTARY HISTORY

being Saturday in the after noon about one or two of the
clock being the sixt day of May, at which time he informed
both the gouernour and deputy Collecter from whence he
cam and what his loadinge was ; after som questions the
o-ouernour informed him that he must enter & unlade theare,
then the depon* sayd to him he could not doe any such
thinge ; before he had spoken with his owner, one which
takeinge his lean ; he presently went one the other side to
his owner which was M'" Peperill & informd him what the
gouernour afforsayd had sayd unto him : on which his owner
informed him, that he would not enter nor unloade of that
side, neither did he beleive that they had any power to com-
and him soe to doe, becaus here was a Nauall office on this
side, and comanded me the depon* to make a report of his
ariuall unto Cap* Hooke where he entered & cleared when
he went out and then to goe ouer agayn to the great Island
& to take his mate and som other of his company with him
and demand the liberty of the Gouernour to bringe away
the vessell unto Kittery side, and take of the sayles, and
accordingly he went and made the report unto the sayd
Hooke, & afterwards went ouer to the great Island & tooke
his mate John Moore & two of his men and went to s'^ Gou-
ern'' ; and desired liberty of him to take y*' vessell to carry
her ouer to Atend his owners order, on which sayd gou'^ in-
formed him if he offered to budge or waygh an anker he
would sink him ; then the depon* sayd he must goe & move
the vessell but the gouern'"; bid him be gon for he would
answere him noe questions ; one which he went abourde &
moved y*" vessell in a short time after there cam abourd two
men with a warrent as they sayd from the gou'', to remayn
abourde & to see that there was nothinge taken out of the
vessell, nor the vessell to sturr chargeing them if they did
to giue notice of it to the fort by fyring of a muskett, both
which men were armed, one which the depon* did desire a
copy of sayd warrent but they refused it sayinge that theyr



or THE STATE OF MAINE. 385

order was to the contrary ; where they reiiiayned and on
nionday followinge in the morninge the depon' went agayn
to the sayd gou"", and desired liberty to com ouer on Kittery
side or els to sayle for Boston on which the gou'' replyed
that he should not stur without he entered & payd powder
money, on which the depon' went on Kittery side to giue
his owner an account thereof, but before he returned to his
vessell agayn ; the Dep' Collect'", had been one bourd &
clapt the broad I^ on the mast and sealed the hatches
w^hich was about tw^elue of the clocke, and doe still remayn
in there custody —

Robert Michel 1 cam & made oath to the uerity of

all the within & aboue written this 8'"' of May

1693

Before me Francis Hooke Just pea

John Moore Noah Parker, Pris. Silke & Thomas Millford
cam and made oath to the veritty of all the within & aboue
written exepting the discours that was between the gouern''
and master and Collect'', when s'' master went tirst ashore
as alsoe one the monday morninge followinge, nither doe
they know the discours that was from time to time between
the owner and master all the rest they haue made oath unto
this 8*" day of May 1693

Before me Francis Hooke Just pea

Noah Parker & Thomas Millford did not here the gouer'
say that he wood sink the vessell the seccond time the mas-
ter went ashore, but all the rest of the depon'' heard him
say soe.

Sworn before me this 8"' of May 93

Before me Francis Hooke Just pe



Doc. Vol. v. 25



386 DOCUMENTARY HISTORY

Petition of W^ Peprell June 6, 1693.

To his Excell^ S"" W°^ Phips & the Hon'^'« Councel for their
]yjjjties Pi-ovince of the Massachusets Bay in New England.
The Humble Peticon of W" Peprel of Kittery iu y«
Province afores*^ Mariner,
In most humble wise Sheweth

That yo"-
Peticon'" made Application to his P]xc"y and this hon"«
Board on the 18"' day of May last past by Peticon spread-
ing his case before yo" concerning the Seizing and de-
teyning of his Barque Called the Mary laden with Salt
from Tortudas prosecuting her Voyage towards her intended
port of Kittery but was compelled thrci terrors and threat-
nings after lawfull entry at their Ma"^' Naval Office at Kit-
tery and an unjust Seizure l)y Pheasant Eastwick to enter
at Portsm° by Robert Michel the Masf Contrary to yo'
Peticon"" y'' Owners Order to him the s*^ Master and unless
several unreasonable Exactions be payd yo'' Peticon""* Ves-
sell and lading must and wilbe by force kept and deteined
from him In answer to w^'' Peticon and Complaint yo"" Peti-
con""" was favoured with the Assistance of his Excellencys
Letf directed to John Usher Esq'" Liev* Governo"" of the
Province of New Hampshire to dismiss the s** Barque or set
forth the cause of her Deteyner w'^'' s'' Letter Arrived not
until the s*^ John Usher Esq"" was on board a Sloop on his
way toward Boston but was reed read and Answered by
Nathaneel Fryer then President That by Order of s'^ Usher
the Barque nmst not be removed untill such time as Pow-
der money was Payd for the last and this Voyage and Way-
ters Charge & whatsoever appeared to be due nor that the
s*" Barque should be pmitted to unlade her Salt at Kittery
v}"^ is testifyed under the hand of Cap* Francis Hooke one
of their JNla"*"* Jus"'=" of the Peace for s'' Countie Now may
it please Yo' Exc''^ and the Hon**'^ Board seeing Jd° Usher



OF THE STATE OF MAINE. 387

Esq"^ is now resident in Boston that he may be certified of
yo^ good pleasure herein and Summoned to shew what
Authority or ground he hath for the said illegall Seizure
and detinue and may be ordered to release the s*^ Barque
and that yo'' Peticon'" may be directed by yo*" Wisdome to
do that which shalbe most for y® Honour of their Ma""
Gratious Charter to this Province the good & Interest of
the Inhabitants thereof and yo"" Peticon"^' owne benefitt &
Security

And Your Petition"^ As in Duty bound will
always p'ay &c



William Peprell



June Q^^
Anno Dofi
1693



M^ Hathorn

M-^ Saffin &

Cap°^ Thomas

Appoinf* to wait on m"" Usher

to know upon w* grounds he

detains y° Vessell.

who return*^ m' Usher did

lay claim to y® whole River



Deposition.

Thomas Millford testyfyeth & saith that one the 27"^ of
June last beinge at the great Island with Robert Mitchell
master of the Barque Mary at M"" Hincks his hous at which
time he heard the Master ask M"" Dauis who it was that de-
tayned the barque from him, the s^ Dauis replyd that he
did it by uertue of the gou""^ order & warrent on which the
depon', with some other of the company belongeinge to sayd
Barque asked of M"" Dauis who : should pay them theire



388 DOCUMENTARY HISTORY

wadges for they were poore men & could not beare it one
which Dauis replyed that if they would yeld up the Barque
to him he would soone gett theire wadges for them, And
further sayth that the Master & himself with others of the
company went presently to Cap' Walten And desired of him
to know who it was that detayned the sayd Barque, whose
answear was that it was he by M"^ Hincks his order ; and if
he would bring aline or two from under M'" Hincks his hand
he would lett her goe, then the master replyed M"" Hincks
denyes that he did stopp her, then s^ Walten declared that
M'' Hincks sent him an order to mak redy fine or seauen
ffuns, that if the vessell did offer to sturr, that he should
fire & not miss but teare the uessell and men in peeses if he
could ; And further sayth that a night or two after s*^ Wal-
ten sent two men armed abourd the Barque to comand
him the depon' & another of the seamen ashore ; but y^
depo' refused, & sayd he had noe business ashore, for the
barque was his habitation then s" Walten caled to the men
he sent abourde, & asked them whether they woold com
ashore or not on which they Answeared that the seamen re-
fused to com ashore one which sayd Walten comanded his
men to goe into theire Kaneu cleare of the Barque for he
would bringe his gunns to Beare & teare the Barque all in
peeces if they did not com ashore, one which they went
ashore, & Asked s^' Walten where he should haue enter-
taynment who answeard the deuell should gett him lodg-
inge for he would not pay for any, on w'^" the depon' sayd
he would goe aboarde agayne one which s'' Walten caled to
his gard which he had putt aboarde, & comanded them if
s** seamen cam aboarde to shoot them thorow, & alsoe com-
anded the watch at y'' fort to fyre at them if they did offer
to goe abourde ; and further the depon' sayth that they
would not suffer the s^' master to bringe ouer the Barque
after all theyr demands was payd, on which the master was
constrayned to gett boats and to fetch the salt from on



or THE STATE OF MAINE. 389

bourd the Barqu from great Island which was much to the
owners daniadge ; & further sayth not.

Thomas Millford & Prise Silke cam & made oath
to the verity of all the aboue written the S*"" day
of Jully 1693

Before me Francis Hooke Just pea



Deposition.

Robert Mitchell comander of the Barque Mary sayth that
one the 25 day of June his owner cam home from Bostone
and by his order he went the next day to the great Island
to M"" Hincks & demanded the sayd Barque whos answear
was that he should not cary her away, though for his part
ho was not at home when shee came into the riuer but had he
been there he would have done the like & is resolued if M""
peperill haue any uessell com into the harbor he would doe
the like as haue been done by this, the same day the depon'
went volentarily without M"" peperills order ; because he
would free himself from further trouble and p"* M"" Estwick
45^ for powder money & soe obtayned from him a permitt
to unloade and accordingly went ouer the next day, because
M'' Hincks refused to lett the barque to be brought ouer on
Kittery side for to unloade; but if he did pay all charges
he might haue a pmitt to goe to Boston, but should not goe
ouer to Kittery side, on which y° depon^ gcured boats to
unloade the salt at great Island so as to bringe it ouer to
Kittery but haueing in part loaded one of them with salt,
there cam abourd Cap* Walton & declared that he should
not cary away from the side any salt before he had payd all
other charges that is for the wayghters which was three
pounds fourteen shillings, which : I did pay & after that
had liberty giuen me to unloade there and did accordingly
after a great deal of charge gett ouer all the salt left & uu-
wasted in seuerall boats/



390 DOCUMENTARY HISTORY

further the depon* sayth that when M"" ffollet was at the
Isle of Sholes loaden with salt there caai on bourde of the
s*^ Barque which was about the later end of May last Fra :
Tucker of the great Island with some others sent as he
supose by M"" Vsher, for Vsher then cald from the shore to
s** Tucker & ordered him to make hast ashore upon which s^
Tucker took two of his company & sayd they must goe into
the boate to row them ouer to the Isle of sholes & accord-
ingly caryed them away & further sayth not

Taken on oath this 5**" day
of July 1693
Before me Francis Hooke Just pea



Petition

To his Excellency S"" W"^ Phips Kn^ Cap- Generi, & Gov-
ern"" in Chief of their Ma"*^" Province of the Massachusets
Bay in New England and the Hon"^^*^ the Council for y« same
Together with the Representatives of the s*^ Province con-
vened in one Great & Generall Court or Assembly now
sitting at y^ Town House in Boston in y*" Province aforesaid.

The Humble Peticon of William Peprel of Kittery in y"
Province afores*^ Marin' Unto this Great & Hon''''^ Court in
most humble wise Sheweth & Complaineth

That upon the Sixth day of May last past Yo"^ Peticon"
Barq, called the Mary Robert Mitchel Ma"^ thereof arriued
(laden with Salt from Tortudas) at the Mouth of Piscata-
qua River intending to sayle to Kittery according to his
Orders and Instructions but sayling by the Fort at Great
Island in the Province of New Hamphire altho her Top-
sayles were Lowred a Great Gun was fired from the said
Fort with a Cross her forefoot whereupon she bore up and
commi ng neer y^ fort those in the Fort commanded her to
come to an Anchor threatning if y''^ did not luff and come
to Anchor they would fire at her Whereupon being under



OF THE STATE OF MAINE. 391

command were forced so to do. The master going on Shoar
found John Usher Esquire & y^ Deputy Collector together
which s'' John Usher Esq"^ declared to the said Mast"" that it
was his will and pleasure that the s" Mitchel should Enter
and unlade his Barque there and pay Powder Money both
for this and the last Voyage and if he did oft'er to budg or
weigh an Anchor he would sink him as by Affidavit of the
s'' Master and Company taken before Cap* Francis Hooke
one of their Ma*'*"^ Justices of the Peace for y'' s'^ Province
bearinir date the Eiohth day of Mav last reference there-
unto being had doth and may more fully appeare And not-
withstanding Application hath been made unto the s*^ John
Usher Esq"" again and againe yet the said Barq, and lading is
illegally and unjustly deteyned to the very great Damage of
yo"" Peticon"" And therefore yo"" Peticon"' desires to spread his
case before this great and hon''''^ Court craving Redress by
reason it is not of private but Publick concerne All y*' In-
habitants of this Province being therein concerned and had
it not been for vo"" Peticon""^ hearty good Will which he doth
& did always bear to the Interest and AYelfare of New Eng-
land, might for a very triviall matter have avoided all Dam-
age hereby and yo'' Peticon"" being contirmed by His Excel-
lency S"" William Phips o"" hono'"* & AVorthy Governour and
patriot that the forcing any to Enter and unlade & pay
powder Money there who were not bound into that Province
that it was Illegal & unjust usurpation, wherefore yo"" Peti-
con"" lookes upon himself oblidged both in Duty and Con-
science to endeavour to preserve our Rights in opposing the
same according to his capacity and ability and the Governm*
having made provision for the Erecting of an Naval Office
on the Province of Mayn side of the River at Kittery and
it was never known that ever any Governo"" of the Province
of New Hampshire was so arrogant as to impose or Demand
the same being also contrary to Use and Custome of all
other their Ma"®^ Colonies in America or Elsewhere And



392 DOCUMENTARY HISTORY

3^0'" Peticon' is incouraged from the Royall Grants of their
Ma''*'-' Royall Predecesso" to y*" Province of main which
is far more antient then y® Province of New Hampshire and
the full and concurrent Vote of the Jnhabitants at a Legall
Towne meeting in the s'' Towne of Kittery for there assert-
ing the Rights and priviledges of y'' Inhabitants of this
Province y' they would assist and stand by the same and
not knowing any other means of Remedy save by this Great
& hono"^'' Court and well knowing that if this matter should
pass over by Submission concession or easy complyance it
wilbe a means of ofivino; those who claime it a confidence
for the future to put in execution all their Illegal Imposi-
tions and Determinacons ag' the Rights and priviledges of



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