readily granted him; whereupon he came and spake with divers of the ministers, and gave them such satisfaction as they intended to intercede with the Court for the release of his banishment. The contents of his letter were to this purpose :

[RIGHT WORSHIPful.2]

Upon the long and mature consideration of things, I perceive that the main difference between yourselves and some of the reverend elders and me, in point of justification and the evidencing thereof, is not of that nature [and consequence] as was then presented to me in the false glass of Satan's temptations and my own distempered passions, which makes me unfeignedly sorry that I had such an hand in those sharp and vehement contentions raised thereabouts to the great disturbance of the churches of Christ. It is the grief of my soul that I used such vehement, censorious speeches in the application of my sermon, or in any other writing, whereby I reflected any dishonor upon your worships, the reverend elders, or any of contrary judgment to myself. It repents me that I did so much adhere to persons of corrupt judgments, to the countenancing and encouraging1 of them in any of their errors or evil practices, though I intended no such thing; and that in the Synod I used such unsafe and obscure expressions, falling from me as a man dazzled with the buffetings of Satan, and that I did appeal, from misapprehension of things. I confess that herein I have done very sinfully, and do humbly crave pardon of your honored selves. If it shall appear to me, by Scripture light, that in any carriage, word, writing, or action, I have walked contrary to rule, I shall be ready, by the grace of God, to give satisfaction. Thus, hoping that you will pardon my boldness, I humbly take my leave of your worships, committing you to the good providence of the Almighty; and ever remain your worships' in all service to be commanded in the Lord.

Wells, 7th, 10th, 1643.

J. WHEELWRIGHT.a

Upon this letter the Court was very well inclined to release his banishment, and thereupon ordered that he

"For fourteen days," says Winthrop.-H. Inserted from Winthrop.—н. I repent me in the MS.- -H. Not in Winthrop's copy of the letter.-H. Of this honored state in Winthrop.-H. Or writing in the MS.-H. 7 Take leave of your worship in Winthrop.-H.

might have safe conduct to come to the Court, &c. Hereof the Governor certified him by letter, and received this following answer from him.

RIGHT WORShipful.1

I have received your letters wherein you signify to me that you have imparted my letter to the honored Court, and that it finds good acceptance; for which I rejoice with all thankfulness. [I am very thankful to your worship for the letter of safe conduct which I formerly received, as likewise for the late Act of Court, granting me the same liberty2] in case I desire letters for that end. I should very willingly (upon letters obtained) express by word of mouth, openly in Court, that which I did by writing, might I, without offence, express my true intent and meaning more fully to this effect; that notwithstanding my failings, (for which I [humbly3] crave pardon,) yet I cannot, with a good conscience, condemn myself for such capital crimes, dangerous revelations, and gross errors, as have been charged upon me, the concurrence of which, (as I take it,) make up the [very3] substance of the cause of all my sufferings. I do not see but in so mixt a cause I am bound to use (may it be permitted) my just defence, so far as I apprehend myself to be innocent, and to make my confession where I am convinced of any delinquency; otherwise I shall seemingly, and in appearance, fall under guilt of many heinous offences, for which my conscience doth acquit me. If I seem to make suit to the [honorable3] Court for relaxation to be granted, as an act of mercy, upon my sole confession, I must offend my conscience; if by an act of justice, upon my apology, and lawful defence, I fear here I shall offend your worships. I leave all things to your wise and holy consideration, hoping [that] you will pardon my simplicity and plainness, which I am forced unto by the power of an overruling conscience. I rest your worship's in the Lord. J. WHEELWRIGHT.1

Wells, March 1, 1643.

To which the Governor replied to this effect, viz., that though his liberty might be obtained without his R. W. in the MS.-H. 2 The MS. reads conduct granted by the Court, and.—н.

as also for liberty of safe From Winthrop.-H.

Many variations from the copy of this letter preserved by Winthrop shew, as says Mr. Savage," how differently Hubbard read the originals."—н.

personal appearance, yet that was doubtful; nor did he conceive that a wise and moderate apology would prejudice the acceptance of a free and ingenuous confession; seeing the latter would justify the sentence of the Court, which looked only at his action; and yet, by the former, he might maintain the liberty of his conscience, in clearing his intentions from those ill-deserving crimes, which the Court apprehended by his actions. And withal, (because there might want opportunity of conveyance before the Court,) he sent him enclosed a safe conduct, &c. But the next Court released his banishment, without his appearance; and so, if they had overdone in passing the sentence, it might in part help to balance it, that they were so ready to grant him a release. Soon after this he removed his dwelling, and, being invited to the pastoral office in the church of Hampton,' after Mr. Batchelour's deposition, he accepted of the call, and tarried with them till his removal to England,3 not long after, where he tarried many years, till, upon the turn of times, he came back to New England again; after which he was called to Salisbury, where he accepted of the pastoral office, in which he continued to the day of his death, which happened about the year 1681.*

As for the more eastern parts of the Province of Maine, towards Pemaquid, one Mr. Rigbee, a wealthy gentleman in England, and Counsellor at Law, and one of the Long Parliament, having purchased the Plough Patent at Sagadehock, called Ligonia, gave a commission to one Mr. Cleaves, as his deputy, to govern the people there, and sent him over to New England in the year 1643. The ship landed at Boston, and Mr. Cleaves, considering how distasteful this would be to the governors of Sir Ferdinando Gorges, who challenged jurisdiction in a great part of Ligonia, petitioned the General Court of the Massachusetts to write to them on his behalf; but the Court thought fit rather to leave it to the Governor to write in his own name, which accordingly he did. But when Mr. Cleaves came to set his commission afoot, and called a Court at Casco, Mr. Richard Vines and other commissioners of Sir Ferdinando Gorges op

In 1647, says Farmer.-H. See Sav. Win. ii. 177, 211.-H. In 1658, or thereabouts.-H. Nov. 15, 1679, says Farmer.-H. Col. Alexander Rigby. See pages 142 and 510.-H.

posed it, and called another Court at Saco, the same time; whereupon the inhabitants were divided. Those of Casco, &c., wrote to Mr. Vines that they would stand to the judgment of the magistrates of the Bay, till it were decided in England to which government they should belong; and sent this letter by one Tucker. Mr. Vines imprisoned him, and the next day took his bond for his appearance at Saco, and his good behavior. Upon this Mr. Cleaves and the rest, about thirty persons, wrote to the Governor of the Bay for assistance against Mr. Vines, and tendered themselves to the consociation of the United Colonies. The Governor returned answer that he must first advise with the Commissioners of the other Colonies, although they could not well be admitted upon some Articles of the Confederation, that Mr. Cleaves did not come up unto. This contention continued still undetermined between Mr. Cleaves and Mr. Vines and Mr. Josselin, one of the commissioners also of Sir Ferdinando Gorges. Both parties wrote letters to the Governor and Council of the Massachusetts, complaining of injuries from each other; Mr. Cleaves desiring aid against open force, threatened by the other part. They of the Massachusetts Bay returned answer to them severally to this effect, to persuade them both to continue in peace, and to forbear all violent courses, until some London ships should arrive here, by which it was expected that order would come from the Commissioners of Foreign Plantations, to settle their differences. These letters prevailed so far with them, that they agreed to refer the cause to the determination of the Court of Assistants at Boston, which was to be held the 3d of June next. For Mr. Rigbee came Mr. Cleaves and Mr. Tucker; for the Province of Maine came Mr. Josselin and Mr. Roberts.2 The Court appointed them a day for hearing of their cause, and caused a special jury to be empannelled. Mr. Cleaves was plaintiff, and delivered in a declaration in writing; the defendants (though they had a copy thereof before) pleaded to it by word only. Some of the magistrates advised not to intermeddle with it, seeing it was

'Richard Tucker.

H

See Maine Hist. Coll. i. 52.-H.

not within their jurisdiction, and that the agents had no commission to bind the interest of the gentlemen in England. Others, and the most, thought fit to give them a trial, both for that it was an usual practice in Europe for two parties that are at odds to make a third judge betwixt them, and, though the principal parties could not be bound by any sentence of their Court, (for having no jurisdiction they had no coaction, and therefore whatever they should conclude were but advice,) yet it might settle peace for the present, &c. But, the suit going on, upon a full hearing, both parties failed in their proof. The plaintiff could not prove the place in question to be within his Patent, nor could derive a good title of the Patent itself to Mr. Rigbee, (there being six or eight Patentees, and the assignment only from two of them.) Also the defendant had no Patent of the Province, but only a copy thereof, attested by witnesses, which is not pleadable in law; which so perplexed the jury as that they could find for neither, but gave in a non liquet. And because the parties would have it tried by a jury, the magistrates forbore to deal any further in it, only they persuaded the parties to live in peace, &c., till the matter might be determined by authority out of England. And so the matter rested for the present, and for a long time after, the successors or assigns of either party keeping possession and making improvement of what they had occupied before, according to mutual agreement between themselves, either implicitly or explicitly declared; until Mr. Rigbee, or his agents and assigns, flung up all their title to any part of the premises, as an unprofitable concern, as is commonly said. What Sir Ferdinando Gorges's heirs or assigns have done unto, or gained by, what was ever challenged by any of them, may be declared afterwards.1

CHAP. XLV.2

The general affairs of New England, from 1641 to 1646. In the beginning of this lustre, sc. June 2, 1641, Mr. Bellingham was chosen Governor, and Mr. Endicot Deputy

For an account of these difficulties between George Cleeves and Richard Tucker, on the one part, and Richard Vines, Henry Josselyn, and their associates, on the other, see Maine Hist. Coll. 1. 48, et seq.-H. • XLIV in the MS.-H.