Scott, Baxter, and Maverick testify. CHAP. I. Over to London, who were admirably qualified to stimulate English animosity against the Dutch colonists in America. 1664. These persons were John Scott and George Baxter, who cherished no “good opinion of the law" under which they had smarted in New Netherland, and Samuel Maverick, a zealous Episcopalian who had formerly lived in tribulation in Massachusetts. All the three made universal professions of loyalty. Scott, especially, was clamorous for a royal grant to him of the government of Long Island, nearly the third part of which he pretended to have purchased. But Lord Stirling's claim, which had not yet been acted on by the Council for Plantations, stood in his way. The three American witnesses, however, were called before the board, and ordered to draw up a statement of "the title of his majesty to the premises; of the Dutch intrusion; of their deportment since and management of that possession, and of their strength, trade, and government there; and of the means to make them acknowledge and submit to his majesty's government, or by force to compel them thereunto or expulse them." The result of these witnesses' labors and of Downing's arguments from the Hague was to satisfy Lord Clarendon that New Netherland belonged to the king, and that it had been "only usurped" by the Dutch, who had "no colour of right to pretend to❞ its possession. The chancellor's opinion, although it was utterly inconsistent with truth and reason, was conclusive. The difficult point was that the Dutch were, and for half a century had been, in uninterrupted possession of the Valley of the Hudson and its neighborhood. How the English could best gain possession became the question.* Claren don's opinion. It was certain that the government at the Hague would not acknowledge any English pretension of right to Dutch New Netherland. The States General had, indeed, just directed their ambassador at London to insist on "the determination of the boundary line" between the English and Dutch possessions in North America. They also requested Jan'ry. the king to issue orders "for the immediate restoration of maintain the towns and places in New Netherland invaded by his subjects within the aforesaid limits, and for the cessation 3 23 The Dutch their rights. * Col. Doc., iii., 46, 48, 105; Lister's Clarendon, iii., 276, 347; Hutchinson's Massachusetts, i., 147; Collection, 380, 381; Palfrey, ii., 564–567, 583; Aspinwall, in Mass. H. S. Proceedings, 1862, 66–72, note; N. Y. H. S. Coll. (1869), 19–67; ante, vol. i., 579, 620, 671, 725. of all further usurpations." Of this action Clarendon was CHAP. I. promptly informed by Downing, to whom De Witt had also 1664. spoken about the "encroaching" of the English upon the Dutch in New Netherland. "It would be good, I think," 15 Janua was the crafty envoy's advice to the chancellor, "after". three or four months' delay, to give them for answer that his majesty will write into those parts, to be informed of the truth of the matter of fact and right on both sides." The next month, referring to the complaints of the West 12 FebruIndia Company against the aggressions of the English, he suggested "if his majesty think fit to leave that matter to me, I shall deal well enough with them."* ary. expedition Yet Charles and his ministers were for some time perplexed whether they should view the Dutch "intruders" as subjects or as aliens. At length the king's course was determined. In spite of treaties, at the risk of war, it was English resolved that the principle announced by Queen Elizabeth ordered. and affirmed by Parliament in 1621 should be repudiated and reversed. New Netherland must be seized at all hazard, and the English claim by "prescription" must be maintained against the Dutch title by actual discovery and continuous occupation. An expedition "against the Dutch in 29 Febre New England" was ordered. But this was kept profoundly secret, lest the States should send a squadron to aid the weak garrison at Manhattan. A quiet grant to the king's own brother would be both the readiest assertion of title and the best apology for any consequences. This, indeed, had been decided upon before Scott returned to America with the royal orders to enforce the navigation laws. Its execution was perhaps hastened by his report to Under Secretary Williamson of the condition of affairs at the western end of Long Island.+ ary. Lord Stirling's interest was accordingly purchased by Clarendon for his son-in-law, who promised to pay for it three thousand five hundred pounds. Long Island, of The Duke which the greater portion was already subject to the crown, patent. being thus secured to the Duke of York by a color of title, * Col. Doc., ii., 224-229; Aitzema, v., 64, 65; Holl. Merc., 1664, 13-15; Lister's Clarendon, iii., 276, 277, 278; ante, vol. i., 730. † Ogilby's America, 169; Chalmers's Rev. Col., i., 116; Col. Doc., ii., 302, 324, 325, 332, 379, 380, 400, 507; iii., 47, 48; New Haven Rec., ii., 510, 515; ante, vol. i., 725, 726. On the 29th of February, 1664, a warrant for £4000 was issued on account of the expedition against New Netherland: Am. and W. I. (S. P. O.), 372. of York's 1664. extent of CHAP. I. the rest of New Netherland was added by the mere word of the king. The Connecticut charter was entirely disregarded. A patent to James was prepared, to which his father-in-law hastened to affix the great seal. The description of the premises conveyed was framed in part from Lord Stirling's original grant, which Clarendon borrowed 12 March, for the purpose. By his patent, Charles the Second granted to his brother, and to his heirs and assigns, the territory of Pemaquid, in Maine, between the Saint Croix and the Kennebeck," and also all that island or islands commonly called by the several name or names of Matowacks or Long Island, situate, lying, and being towards the west of Cape Cod and the Narrow Higansetts, abutting upon the main land between the two rivers there called or known by the several names of Connecticut and Hudson's River; together, also, with the said river called Hudson's River, and all the land from the west side of Connecticut to the east side of Delaware Bay, and also all those several islands called or known by the names of Martin's Vinyard, and Nantukes, Territorial otherwise Nantuckett." The inland boundary most conthe Duke's sistent with this description was "a line from the head of Connecticut River to the source of Hudson's River, thence to the head of the Mohawk branch of Hudson's River, and thence to the east side of Delaware Bay." The grant "was intended to include all the lands which the Dutch held there." These territories were to be held of the king in free and common soccage, and under the yearly rent of forty beaver-skins, when demanded. The patent invested the Duke of York and his heirs, deputies, and assigns with "full and absolute power and authority to correct, punish, pardon, govern, and rule” all British subjects inhabiting the territory, according to such laws as he might establish, and The duke's in cases of necessity according to the "good discretions" of his deputies, provided that such laws should be, not contrary, but agreeable to the statutes of England. It granted him authority to appoint and discharge all officers, execute martial law, regulate trade and the tenure of lands, send out emigrants "not prohibited or under restraint,” expel all persons living under his government without his license; and it declared that, notwithstanding any uncertainty or imperfection, or any former grants to any other persons, patent. powers of government. 1664. or any statute to the contrary, this patent to the Duke of Cap. I. York should be "good and effectual in the law, to all intents and purposes whatsoever." This instrument, clearly defective in many material points, was much less cumbersome than those which the kings of England had previously sealed to American proprietaries. It was the most impudent ever recorded in the colonial archives of England. But its crisp clauses warranted all that a despot could desire.* Richard The duke's parchment title now appeared to be complete. The next step was to give it validity by obtaining possession. James was informed that his newly-patented territory might yield him thirty thousand pounds a year, and he was anxious to enjoy his anticipated revenues, peaceably or by force. To this end, it was necessary that the person to secure and govern the prize should be well selected. The duke was singularly fortunate in the choice he made. There was at this time in his household Colonel Richard Nicolls, a gentleman whom he had long known, Colonel and in whom he justly felt great confidence. Nicolls was Nicolls. born in 1624, at Ampthill, in Bedfordshire, where his ancestors had lived in great esteem. His father was a barrister of the Middle Temple, and his mother a daughter of Sir George Bruce, ancestor of the Earl of Elgin. At the University he distinguished himself as a scholar; but on the breaking out of the civil war in 1643, he left his college and joined the royal forces, in which he obtained the command of a troop of horse. Nicolls adhered faithfully to the royal cause, and shared its fortunes. Attaching himself in Paris to the Duke of York, he served with him in the French army under Turenne, and afterward on the other side under Don John of Austria and the Prince of Condé. At the Restoration Nicolls returned to England, and was made a groom of the bedchamber to the duke. His sincerity, courage, capacity, and prudence recommended him for the most important trust which his patron could now confer. Nicolls was accordingly commissioned by the 2 April. * Patents, i., 109; Duer's Life of Stirling, 37, 38; D'Estrades, iii., 334; Chalmers's Ann., i., 573, 580; Col. Doc., ii,, 295–298, 400, 507; iii., 47, 48, 215, 225, 240, 260, 606, 607, 796; v., 330, 596; vi., 508; vii., 431, 564, 596, 597; viii., 107, 436, 440; Maine H. S. Coll., v., 2–6 ; Leaming and Spicer's Grants and Concessions, 3-8; Smith's N. Y., i., 15; Thompson, ii., 308-311; Wood, 6, note; Palfrey, ii., 580; ante, vol. i., 725, 726. The original patent, beautifully engrossed, is in the State Library at Albany; a copy is in Appendix, Note A. 1664. CHAP. I. Duke of York to be his deputy governor during pleasure, within his American proprietorship, to execute all the powers granted by the patent, and obey such orders as he might receive. A set of instructions from the duke was also given to Nicolls for his general guidance.* Appointed Royal sioners to The king now determined to send commissioners to New England, as he had announced his purpose of doing a year before. They appear to have been selected by the Duke of York. The first was Colonel Richard Nicolls, whom he had just commissioned to be the deputy governor of his yet unpossessed transatlantic territory. The second was Sir Robert Carr, a needy Royalist knight, of loose principles, avaricious, and supercilious, and a "rank papist," who had already been talked of as governor general of New England. The third was Colonel George Cartwright, of Nottinghamshire, "naturally morose, saturnine, and suspicious," but clear-sighted and energetic. These three were officers in the royal army. The fourth commissioner was Samuel Maverick, an ardent Episcopalian, who had lived from his youth in Massachusetts, of which he was the avowed and well-informed enemy, and who, with Scott and Baxter, had just before advised the Council of Plantations respecting the best means of subduing New Netherland. 25 April. To these four persons a royal commission was issued, directing them, or any three or two of them (of whom Nicolls was always to be one), to visit the several New England colonies, and "examine and determine all complaints and appeals in all cases and matters, as well military as criminal and civil, and proceed in all things for the providing for and settling the peace and security of the said country, according to their good and sound discretion, and to such instructions as they, or the survivors of them, have, or shall from time to time receive."+ * Col. Doc., ii., 234, 400, 507; iii., 133, 154; Thompson's Long Island, ii., 325; Clarke's James II., i., 54; Chalmers's Pol. Ann., i., 573; Lyson's Magna Britt., i., 38; Lister's Clarendon, i., 368; ii., 259; N. Y. H. S. Proc., 1844, App., 116–118; Notes and Queries (2d series), iii., 214–216; Nichols's Topographer and Genealogist, iii., 539-544; Leaming and Spicer, 665-667; Patents, i., 146; ante, vol. i., 727, 736. A copy of Nicolls's Seal is in Hist. Mag., ix., 177. A copy of Nicolls's Commission is in Appendix, Note B. His Instructions from the Duke, which were exhibited at Hempstead in March, 1665, are not on record at Albany, nor did I find them in the State Paper Office at London. Perhaps they were lent to Evelyn in 1671, and he may not have returned them: Pepys, iv., 221, 222; Evelyn, iii., 241, 240; post, p. 422, note. † Hutch. Mass., i., 225, 230, 250, 535; Evelyn, ii., 65; Chalmers, i., 386, 432; Winthrop, |