Petition of Elisha Sanborn about Brentwood 1745

To the Honble the House of Representatives for the Province of New Hampshire in General assembly conven'd April 2a 1745:

The Petition of Elisha Sanborne of the Parish of Brintwood In Said Province Yeoman as agent for said Parish Humbly Shews

That the Said Parish was made & Incorporated by an act of the Gen' Assembly made & passed in ye Sixteenth Year of His Majesty's Reign by Metes & Bounds Set forth in said act being before part of the old Parish or Town of Exeter. That Since the Said Parish was so Incorporated His Excellency the Governor has been pleased (by & with the advice of the Council) to grant a Charter for Erecting and Incorporating part of the afores parish of Brintwood Into another Parish by the name of Keeneborough whereby great part of the Inhabitants of Brintwood Conceive themselves Discharged from paying Taxes & Doing any other Duty within the Parish of Brintwood & Claim the powers authoritys & Priviledges of a Parish within the Limits given by the said Charter the consequence of which is many persons are doubly_tax'd & great Debates & strifes have & are likely to arise. That the Parishioners of Brintwood apprehend that not only their powers authoritys & priviledges are made null if the said Charter be good, but the act of Incorporation aforesaid is also Defeated & Superseeded which greatly affects the Rights & Priviledges of this House & in them all the King's subjects in this Province That the said Parishioners foresee a wide Field of Law opening before them hereby (one of their Number having been already Imprisoned for Rates made in Consequence of the afores Charter) which they Should be glad to avoid if it could be without giving up their Just Rights Wherefore your Petitioner in behalf of his principals prays the advisement of this Honble House in the premises that some scheme may be Pursued In Conjunction with the other Branches of the Legislature as may settle these Disputes (but just beginning) upon such a foundation as is agreeable to the Constitution & on which a lasting peace may be built & Your Petitioner In behalf of his Constituents Shall Ever pray &c

ELISHA SANBORN.

Remonstrance against Keenborough Patent.

Province of)

N. Hamp

To His Excly The Gov' and the Hon'ble the Council May it Please your Ex & Honors

On the 24 Day of the last month Elisha Sanborn of yo par

ish of Brentwood in s prov. Yeoman as agent for said Parish represented to this House in way of Petition that the said Parish &c (here recite the Petition at large)

Which Petition of the said Elisha in Part above recited we have taken into our most mature Consideration together with authenticated copys of the said act and Charter mentioned in said Petition with such other Evidence as the Petitioner has thought fit to lay before this House in support thereof, by which it manifestly appears to us, that there was an act or Law made and past by the Gov' Council and represente of this Province dated the day of 17 by which a Part of the Town of Exeter was incorporated into a Parish named of Brintwood by metes and Bounds, and that the Inhabitants within said Bounds, were to duty Parish Duty, ? and receive parish privileges in said Brentwood, and were exonerated from parish Duty in the Parishes whereto they belonged before the Date of said Law: That Discontent soon arose among the Parishioners of s Brentwood about the Place of fixing their meeting House, which occasioned a new Petition to the Governor Council and Gen. assembly dated the day of 17, for a minor Part of said Parishioners prayer, to have the said Parish divided into two Parishes but that which was offered in support thereof appearing frivolous to the General assembly, the said Petition was by them ordered to be dismissed: That afterwards (viz) on the day of 17 The discontented Party petitioned anew to His Exc' and Council regardless of the General assembly (one Branch of the Legislature) praying again for a Division of s Brentwood into Two Parishes, which your Ex. and Council (without the Gen' assembly) were pleased to take Cognizance of, and on the day of 17 to grant a Charter under the Province Seal to the said Petitioners, incorporating another Parish named Keenborough by metes and Bounds and exonerating the Inhabitants of said Keenborough from their Parish Duty in Brentwood which they were obliged to do and perform there by Law, which charter so far This House looks upon as an attempt to abrogate and supersede a Law in Part, and thereby an open Usurpation of a Power appertaining to the Gen assy in Conjunction with the Gov and Coun. and a manifest invasion of the Just rights and Privileges of the People whom we represent, and an Infringem't on the rights of the Parishioners of Brentwood, and an oppression of them in particular, which we think ourselves obliged to take notice of in Duty to His Majesty, in faithfulness to our Constituents and in Justice & Honour to ourselves and to remonstrate against it. We do therefore earnestly request your Ex and Honours, seriously to reconsider this matter, and to recall the Keenborough Grant

and thereby put an end to the Strifes already commenced, and a stop to others ready to break out in consequence thereof and also to save this House the Trouble of saying or acting further on upon it, for as we are the representatives of a free protestant People and as such the Guardians of their Privileges, we esteem ourselves obliged to make a stand ag" every attempt made to deprive them of their Just Rights, and particularly we shall think ourselves inexcusable in case your Exles and Hon's should not relieve us if we should not apply to His most Excellent majesty who is graciously pleased to esteem his own Prerogatives and his Subjects Privileges equally dear to him for a remedy, and we esteem ourselves more especially obliged to take this step (if your Ex & Hon's don't prevent it) as it is not the first Instance wherein your Excellency has attempted to invade our rights Witness your Endeavours to get the provincial Records of Deeds into your Hands, or at least to have the Disposal of them, which are no other than the Peoples Evidences of their Titles to their Land Estates and therefore according to the rules of common sense and Reason, ought to be in their own several keepings if it could be, but as it can't they ought to be disposed of by them who are the Proprietors of their Evidences as well as of their Estates. Another Instance was your Excellency's Endeavor to augment the number of members of this House by your own mear arbitrary Power, without any Law enabling you so to, or any colour of authority from His majesty for your so doing that was ever made known to us, to which may be added your Excellency's causing a number of men to scout on ye west side of merrimack River last summer before A Grant was made for their Pay and Subsistance, and which we humbly apprehend your Excellency could not rationally expect ever would be and the scouters remain to this Day without wages and those that subsisted them without their pay for it whether this is not oppressive we leave to the wisest Judges to determine. Proceedings of this nature will cast no blame on us, but it gives us Concern, that any office must bear the Records of such Conduct were it possible for us to entertain so dishone a Thought as that a Vote could be past at the Council Board, and the Voters not be fully apprised of your directions without maturely deliberating on the materials it was built with we should have at Once concluded, that the Vote for Keenborough Charter was such an one. May it please y' Ex and Hon's we crave Leave to repeat our request to you for a reconsideration of the Keenborough affair and that you will be pleased to do what is just and right therein to quiet the minds of the People to stay the Strifes already begun and to prevent other Divisions that are like to arise we are Zealously concerned that Love and Peace

may be cultivated in the Province and a Harmony in the administration, that the Prerogative may always rest secure that the Infractions made on our Privileges may be healed, and that they may ever hereafter remain safe and inviolate,

Charter of Keenborough.

Province of George the Second by the grace of God of Great Britain New Hamps France and Ireland King Defender of the Faith &c.

To all to whom these Presents Shall come Greeting For as much as it hath been Represented to us by Capt. Andrew Gilman and other Inhabitants of the parish of Brentwood that great disorders have arisen in said Parish Respecting their parish affairs in general, And that all proposals hitherto attempted have proved ineffectual to Restore peace and good Order amongst them Wherefore, the said Capt. Andrew Gilman in behalf of himself and others Humbly Prays That a new parish may be erected in said Parish of Brentwood And to the end that peace and good Order may be Established Know ye therefore of our Especial Grace certaine Knowledge & meer motion By & with the advice of our Trusty & well beloved Benning Wentworth Esq' our Capt General Governor and Commander in chief of our Province of New Hampshire in New England and of our council of said Province have Incorporated, ordained declared and appointed And by these presents for us our Heirs & Successors Do Incorporate ordain declare and appoint out of the Parish of Brentwood all that Tract or parcel of Land Situate lying & Being in y Parish of Brentwood in our Province of New Hamp aforesaid containing by admessurement twelve thousand five hundred Ninety five acker & one Quarter of an acre according to a plan & Survey made by order of our Said Governor by George Mitchel Esq' and Capt Dudley Odlin hearunto annexed abutting & Bounding as by ye said Plan or Survey may appear And we do hearby ordain And appoint that the respective Inhabitants that now are or that shall hereafter be in possession of the Lands within the Plan or Survey aforesaid shall [be] one Society Corporation and Body Politick to have continuance forever by the name of Keenborough and that they and their Successors shall by that name be able and Capeable in law to call Parish Meetings The first of which is to be called within thirty days from the date hereof by Capt. Andrew Gilman and Humphrey Wilson & Benjamin Gilman And the meetings hereafter shall be on the first Monday of April annually And we do hereby give and grant unto the said society or Corporation full Power and authority to make choice of proper Officers to Levy Taxes on the Inhabitants for the Support of the Society agreeable to the Laws of our Province of New hampshire made for regulating Town and Parish affairs. And we do further give and grant to the said society full Power to call & settle a Regular and Orthodox Minister of the Gospel and to Levy Taxes on the Inhabitants conformable to the Laws afforesaid of our Province afforesaid for his support Reserving only the Reommending the first minister to the President and seinour Fellows of Harvard Colledge in New England, to the Reverend Jabez Fitch & the Reverend John Odlin. And we do also hereby Reserve to his most Sacred Majesty his heirs & successors all white Pine Trees growing standing or being within the plan or survey Above mentioned the Preservation whereof for his Majesties Royal Navy is the Tennure by which you hold and enjoy your Corporation. And lastly we do declare and

Ordaine, That these our Letters Patent & every clause Sentence and article herein contained shall be in all things firm and vallid & effectual in the Law unto the Said Society & their Successors according to the Purport & Tennure hereof

Provided, that these our Letters Patents be recorded within one month from the Date hereof in our Recorder's Office appointed for that purpose in our said Province of New Hampshire In witness whereof we have caused the

to be made Patent Witness our [torn off] and Commander in Chief of our Said Province the twenty seventh day of October in the year of our reign Annoq Domine 174

Pr his Excellency's

Command with

advice of Council

Theodore Atkinson Sec'y

Petition of the Selectmen of Keeneborough.

To his Excellency Benning Wentworth Esqr; Governor & Commander in Chief in and over the Province of New Hampshire in Council

The Humble Petition of the Selectmen of Keenborough in the behalf of ye Inhabitants of sd Parish Humbly sheweth

Whereas your Excellency in Conjunction with the Honourable his Majesties Council was pleased to take compassion on us under our former Difficulties and Grant us a Parrish by ourselves; For which we looked upon ourselves greatly oblidged to your Excellency, and the Honoured Council and hoped to have enjoyed great peace & quietness and by virtue of the Charter given us, we have acted ever since, and according to Charter have proceeded to settle a Gospel Minister amongst us viz: The Rev. Mr. Nathaniel Trask, which by Charter we supposed we had full power to do, and to Raise money for his Settlement & Support, and accordingly have raised a Tax upon ye Inhabitants for yt end, but some Discontented persons amongst us, Influenced by some of ye Parish of Brentwood, and by others in other places, who informed them that your Excellency and his Majesties Council, had no power to make us a Parish, and yt your Charter was good for nothing, and being likewise encouraged by ye Gentlemen of y Law, have refused to pay their Taxes, and being seized and Imprisoned by ye Constable, has brought the Case into ye Law; and to our great Surprise, Judgment went in their favour, at ye last Superior Court, So y' now we are in a Deplorable Condition; Having a Minister Settled and money to pay both for his Settlement & support, and no power to raise any Money in a Legal way, or to gather in any Tax, already raised, and hav