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1668.

chusetts and New Plymouth, exercised a kind of independ- CHAP. III. ent government in their remote habitations. An English vessel having been driven ashore on one of the neighboring Elizabeth Islands, and seized by the Indians, the matter was reported to Nicolls, who sent a special commission to May- 3 January: hew, and instructed him to summon the offending sachems before him at "Martin's Vineyard," and also to request Governor Prince, of New Plymouth, to reprove the disorderly savages within his jurisdiction. "I have not been forward," he added, "in trivial cases, to contest for my master's bounds; knowing, however, that all the islands, except Block Island, from Cape Cod to Cape May, are included in my master's patent. The first scruples will be soon removed; however, in cases of this consequence, I must declare myself both in point of power and readiness to protect and defend my master's honor and interest.*

Island

Winthrop.

Another case of "scruple" was decided without difficulty. A few miles from Stonington, in Connecticut, is an island, about nine miles long and one broad, which the Dutch discovered in 1614, and named the "Visscher's" Fisher's or Fisher's Island. As it was near the mouth of the Mys- granted to tic, John Winthrop obtained a grant of it in 1640 from Massachusetts, and in the following year the assent of the Hartford Court; and in 1644 he bought it from the savages. But, as it was included in the Duke of York's patent, Winthrop procured from Nicolls a confirmation to himself 28 March. of Fisher's Island "as an entire enfranchised township, manor, and place of itself; and to have, hold, and enjoy equal privileges and immunities with any other town, enfranchised place, or manor, within the government of New York; and to be in nowise subordinate or belonging unto, or dependent upon any riding, township, place, or jurisdiction whatsoever." In vain Connecticut afterward attempted to assert her authority over Fisher's Island. It still forms part of Suffolk County, in the State of New York, and was, until recently, owned by Winthrop's descendants.†

"In

For some time after his arrival at New York, Lovelace

* Col. Doc., iii., 168-170; Hough's "Nantucket Papers," X.-xv., 1–22, 70; Mass. Rec., iv.

(i), 199; Palfrey, ii., 196, 339; Hutch. Mass., i., 161; Mather's Mag., ii., 424, 427.

† Patents, iii., 5; Col. Rec. Conn., i, 64, 65; iii., 64, 283; Mass. Rec., i., 304; Mass. H. S. Coll., xxx., 54, 78; xxxvi., 368; xxxvii., S3; Palfrey, ii., 234, 624; Thompson, i., 388–390, N. Y. Rev. Stat., iii., 2; ante, vol. i., 57.

1668.

CHAP. III. Occupied himself in becoming familiar with the government he was soon to administer. One of his duties was to preside in the Admiralty Court; and a case having been Admiralty removed from the Mayor's Court to that tribunal, Lovelace New York. took his seat with Nicolls on the bench. A controversy

13 April.

Court in

had arisen between the owner of the ship Cedar and the privateers who went in her to Acadia the year before, and who had taken a Spanish prize which they brought into New York. After several hearings the court pronounced 18 April, a sentence, a remarkable feature of which was, that an Indian man, who had been taken "as part of their prize," should be sold, to defray the charges on both sides.*

Delaware affairs.

Affairs on the Delaware had meanwhile gone smoothly along. A new church had been built by the Swedes in 1667 at Crane Hook, near Fort Christina or Altona, now known as Wilmington, in which Lokenius, the Lutheran clergyman, who appears to have led rather a godless life, continued to minister. By an order of Nicolls, the local 21 April. government of the Delaware territory was now regulated more clearly. Captain John Carr was to remain as commander-in-chief at Newcastle, assisted by Alricks and others as counselors, and the Duke's laws were to be published and observed. In all cases of difficulty the directions of the governor and council at New York were to be sought and followed. Not long afterward, the Mantes, or Red Hook Indians, having committed several murders, Nicolls and Lovelace, in a joint letter, directed Carr and his counselors to make all necessary rules for the government of both Christians and Indians, and report them to New York for confirmation.†

S June.

Military

arrange

The military establishment of the whole province was now settled. The garrison at Newcastle was to have a ments in lieutenant, a corporal, and eighteen men; that at Esopus, a sergeant and twenty-one men; and that at Albany, a lieutenant, a sergeant, a gunner, a drummer, and twenty men. At Fort James, in New York, there were to be a lieutenant,

the prov

ince.

* N. Y. Surr. Rec. Wills, i., 35-51; Val. Man., 1847, 362–369; Col. MSS., xxii., 46–49; Ord., Warr., Lett., ii., 191; ante, p. 127. Captain Richard Morris, formerly of Barbadoes, first appears as a New Yorker in connection with this matter of the ship Cedar: compare Dunlap, i., 272; Bolton's Westchester, ii., 284, 286; Col. Doc., ii., 595, 619.

† Ord., Warr., Lett., ii., 207, 208; S. Smith, 51, 52; S. Hazard, Ann. Penn., 140, 332, 348, 371, 372; Reg. Penn., i., 37, 38; iv., 74; Proud, i., 124; Upland Records, 24, 25; ante, vol. i., 225, 248, 511, 616, 631, 734.

an ensign, a gunner, a marshal, a surgeon, four sergeants, CHAP. III. four corporals, and eighty men. As a special encourage1668. ment to the settlement of the newly-purchased country back of Esopus, Nicolls granted thirty lots of thirty acres 6 April. each to the soldiers in the garrison there.*

Nicolls's

Massachu

After the recall of the royal commissioners, Massachusetts extended her authority over Maine, which drew from Nicolls a strong remonstrance. But this was unheeded. In 12 June. a farewell letter the Governor of New York sharply admon- 30 July. ished the Boston Court, avowing himself "concerned dur-letter to ing life in the affairs of New England;" adding, "You know setts. that my station hath been a frontier place towards the Indians, who had too much influence upon the spirits of the Dutch in former times, but are now in a competent measure reduced to a better compliance in their behaviours towards us, and have given me some testimonies of their desires to live in peace with our nation; for they have made me a present of two youths which have been their prisoners a few years: they were taken in Maryland. Also they have promised to bring me another young man remaining with them. So that though they have a warr with the English in Maryland, because the English there do take part with their Indians, yett you may guesse these heathens are yet desirous of peace with the English, of which I have long since advertised the Governour of Maryland."+

Albany af

In company with his successor, Nicolls made a last visit 7 July. to Albany, against the monopoly of the Indian trade at which place the magistrates of New York had protested. While there, the two governors jointly issued new instruc- August. tions to Captain Baker for the regulation of the garrison fairs. and in regard to transactions with the Indians, and other matters growing out of the treaty of Breda. There was now to be a general amnesty and oblivion of all "seeds of distrust and jealousy;" and, in future, no complaints were to be brought before the governor at New York "but such as are of high nature, and the proofs grounded upon sufficient testimonies."+

* Col. MSS., xxii., 50; Ord., Warr., etc., ii., 206; Coll. Ulster H. Soc., i., 50, 72; ante, 89. † Col. Doc., iii., 170-173; Hutch., i., 260–267; Coll., 427, 428; Mass. Rec., iv. (ii.), 370–373, 400, 404; Chalmers, i., 484; Palfrey, ii., 632-634; Williamson, i., 431-438.

‡ Ord., Warr., etc., ii., 229–233; Col. MSS., xxii., 10; Munsell, vii., 100, 101; New York City Rec., vi., 387; ante, p. 88.

1668.

CHAP. III. On his return to New York, Nicolls prepared to take leave of his government. His predecessor Stuyvesant, having irregularly sealed some patents after the surrender of New 8 August. Netherland, received a formal pardon for himself and his secretary Van Ruyven. A new patent was also given to 15 August. De Sille, Cortelyou, and others, confirming the town privileges of New Utrecht. At the same time, Samuel Edsall received a patent for Bronck's land, opposite Haerlem. As 21 August. a crowning act of grace and justice, Nicolls released Ralph

Case of

Hall.

17 August.

Nicolls leaves

New York.

Hall and his wife from the recognizances which they had been required to give when charged with witchcraft in 1665," there having been no direct proofs nor further prosecution of them, or either of them, since."*

The authorities of the city of New York now signed a loyal address, which they asked Nicolls to deliver to the duke, near whose person he was to resume his service. All the freemen of the metropolis were divided into two companies, and ordered to appear in arms at the governor's departure. A few days afterward, Nicolls, having transferred 28 August. his functions to Lovelace, embarked for England, with every

Maverick's

Nicolls.

demonstration of respect and regret from those who, receiving him as a conqueror, bade him farewell as a friend. Invested with extraordinary powers, he had used them with the moderation and integrity of a true gentleman; and the people, whose prejudices he had avoided wounding, "loved the man whose orders they disliked." His former colleague, 25 August. Maverick, thus wrote to Lord Arlington: "After his abode letter about here four years (where he hath lived with great reputation and honour), he is now returning home. I must needs accompany him with this character-that he hath done His Majesty and His Royal Highness very considerable service in these parts, having, by his prudent management of affairs, kept persons of different judgments and of diverse nations. in peace and quietness, during a time when a great part of the world was in warrs. And as to the several nations of the Indians, they were never brought into such a peaceable posture and faire correspondence as by his means they now are."+

* Ord., Warr., etc., ii., 216, 217, 220; Patents, iv., 54; Thompson, ii., 191; Bolton, ii., 283, 284; Doc. Hist., iv., 86; ante, p. 91; vol. i., p. 268.

+ N. Y. City Rec., vi., 397, 489; Col. Doc., iii., 174, 175; Chalmers, i., 578; Smith, i., 42; Hutch. Coll., 428.

CHAPTER IV.

1668-1673.

1668.

at Hurley.

Francis

ABOUT thirty miles west of London, on the Berkshire CHAP. IV. side of the Thames, in the parish of Hurley, there stood, until a few years ago, a large country house, built in the Elizabethan style, and called "Lady Place." Covering the Lady Place site of an ancient Benedictine monastery, from which it was named, it had been erected by Sir Richard Lovelace, a lucky comrade of Drake. With the rich Spanish spoil he had won, the retired adventurer had laid out terraced gardens around his Tudor mansion, the wide hall of which opened on the placid river, and had adorned its stately gallery with beautiful Italian landscapes. The heir of the old knight greatly improved this place, and was created, by Charles the First, Baron Lovelace, of Hurley. His sons, John, the second Lord Lovelace, and Francis, a colonel in the army, adhered to the royal cause. Francis Lovelace Colonel appears to have visited "Long Island” in 1650, under a Lovelace. pass from Cromwell's Council of State, and to have gone thence to Virginia. At its surrender to the Commonwealth forces in 1652, he was chosen by Sir William Berkeley to convey the tidings "to the late King of Scots." The zeal of Lovelace in the interest of Charles the Second led to his being committed a prisoner to the Tower by Richard Cromwell, on a charge of high treason. This only increased his favor with the king at the Restoration. He was enrolled as one of the knights of the "Royal Oak,” an order which Charles proposed to institute as a reward to his faithful followers in adversity, but was more substantially recompensed by being made "one of the gentlemen of His Majesty's Honorable Privy Chamber." In due time, the king's favor induced his appointment by the Duke Appointed of York as the successor of Nicolls in his government.*

* Lyson's Magna Brit., i., 299; Burke's Dormant Peerage, iii., 498, 499; Sainsbury's Cal

governor of New York,

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