being bound for Barbados, as he was ready to set sail from Nantasket, fell overboard into the water, and was

never seen more.

Not to mention the miscarrying of sundry papers and writings, sent over into England full of complaints against the country of New England, many of which were either lost in the vessel by which they were sent, or else were flung overboard by some who had, out of an evil mind, promised to deliver them, but, in distress of weather and of mind, cast them overboard into the sea, lest they should prove the Jonases of their ship, as in part hath been touched already, more particular instances might be given, if it were judged convenient. But to return to what was before intimated, about the Commissioners. It is a necessary and general rule to give to any man an allowance as to the bias and grain of his natural temper; some men are naturally morose, saturnine, suspicious, which qualities render them less desirable companions, yet must not be thought to unfit them for employment and business of great weight and moment, which, notwithstanding the disadvantages forementioned, they may be fully accomplished to discharge; which was most true of Colonel Cartwright, one of the Commissioners, and principally intended in the premises.

After the reducing of the Dutch' the said Commissioners returned, three of them, to Boston, taking their way through some of the other Colonies, where they attempted to settle things in the best manner they could, and, as they apprehended, most conducing to his Majesty's advantage.

Sometime before the Court of Election, sc. before the 25th of March in the said year 1665, happened the death of Mr. Endicot, which occasioned some change in the persons of the Governor and Deputy. For Mr. Bellingham was that year called to the chief place of government, which he held, by annual election, to his death, as did Mr. Willoughby that of the Deputy's place also, to which he was that year in like manner chosen by the

New Amsterdam was surrendered Aug. 27th, Fort Orange Sept. 24th, and the subjection of New Netherlands was completed by the capitulation, Oct. 1st, of the Dutch and Swedes on Delaware River and Bay. Holmes, i. 334-5.—H. 2 Carr, Cartwright, and Maverick returned Feb. 15, 1665.-H. 24

2

VOL. VI. SECOND SERIES.

general consent of the freemen, who, apprehending the danger of some change, resolvedly fixed their choice upon such persons as they judged most likely to maintain the government in that same state wherein it hath been heretofore, without the least alteration or change.

But before the said Commissioners went to Plymouth, they desired, 1. That all the people might be called together, at the Court of Election, to see the kindness and favor the King had for the people here. 2. That some might be appointed to go with them to shew them the bounds of their Patent, which was readily assented unto; but for the first, the Governor and Council did not understand the reason thereof, and doubted some inconvenience, especially when the people live so remote. It is no more safe for the body politic, than for the body natural, to have all the spirits retire inward from the extreme part to the centre. Colonel Cartwright, when he observed a non-attendance like to follow upon his motion, uttered some harsh and angry words, not needful here to be inserted. Men that are naturally of a choleric and touchy disposition are very apt to take fire. Some further order was issued by the said Commissioners about the Narrhaganset country, which, at that time, was denominated the King's Province, declaring that none had power to dispose of any conquered lands, but what were within their original grants, without authority derived from them, under their hands and seals. The like was done at Warwick, and all in reference to some complaints made of injustice done on the east side of Pancatuke River.

But after the dispatch of things in Plymouth' they, i. e. the Commissioners, returned in an obscure manner to Boston. Concerning their deportment therein, it was matter of observation, and of no little dissatisfaction, that thereby they prevented the civility and respect that was both intended and prepared for them in sundry places, the reason of which, as in charity may be supposed, was touched upon before. Soon after their arrival at Boston they were met by Colonel Nichols, that was lately come from Manhatos, now, (in honor of his Royal Highness, to whom it was granted by his Majesty,) New York. Being all met together, they fell close upon the business of 1 See page 664.-н. • The latter end of April, says Hutchinson.-H.

their Commission, or the matter principally (as was supposed,) intended with the Massachusetts. They therefore took the first opportunity to communicate their instructions to the General Court, concerning such things as they had order, by their Commission, to inquire into. The Court complained that they were acquainted with their instructions by piecemeal, and not all at once, by which means they might have taken a view of them together, and so have been in a better capacity to have returned an answer to more satisfaction, but being necessitated to attend the order, in which the Commissioners intended to proceed, they at last complied. There was a pretty large debate betwixt them, and the General Court were very slow to grant what was proposed in the subjecting of the power of the country to a Court of Appeals, wherein things were to be issued by the power of the Commissioners without any jury.

At the last, to put the matter to a final conclusion, the Commissioners resolved to sit as a Court of Appeals, and took notice of two cases, one criminal, the other3 a civil action, to answer unto which they summoned the Governor and Company of the Massachusetts; who, upon serious consideration, chose rather to commit themselves and their affairs to his Majesty's judgment, than to attend such a Commission of Appeals, or of Oyer and Terminer. Some that were the more cordial asserters of the royal interest in the Massachusetts, wished that some other cases had fallen under their cognizances, than those that were pitched upon, which it is thought best not to mention, either the particulars or the circumstances of them, lest it should any ways reflect upon the honor of their persons or their Commission, especially since there is none of them now left behind to return an answer in any thing, by way of defence, or to shew the ground of their proceedings.

Offence was taken at the order of the General Court, in declaring their purpose not to attend the summons of the Commissioners by sound of a trumpet.' But many in the General Court apprehended that such a concern ought

1 On May 24th.-H. The case of John Porter, Jun., who had been sentenced to die for "disobedience to parents," (Hutchinson, Index,) and had escaped from prison.-H.

Thomas Dean, and others, v. the Colony.-H.

to be done in that way, which would make their intention the more public, for preventing any confusion that else might have happened. Immediately hereupon, sc. May 24, 1665, the Commissioners declared' they would treat no more with the Court, that would not own their authority and power of determining matters of difference, whether civil or criminal, without a jury. And soon after they took their leave of Boston, and repaired, Colonel Nichols to the government of New York, and the other three to the eastward, beyond and about the parts of Pascataqua River, where they summoned the people together, many of whom made show of a desire to be taken into his Majesty's government; the advantage of which, above any other, was laid before them by the three Commissioners then present. Now it must be minded that, as to the Province of Maine, there were two sorts, that pretended a right to the government thereof: one that derived their power from Sir Ferdinando Gorges's title, the other derived theirs from the General Court of the Massachusetts. For about this time, or not long before, an agent, sent from Sir Ferdinando Gorges's heir, had put the people of Yorkshire, or Province of Maine, into some distractions, by pretending to exercise government there, upon the account of the Patent of the Province of Maine, whereupon the General Court of the Massachusetts declared their purpose still to exert their authority over that part of the country, requiring the inhabitants to continue their obedience thereunto, intimating also their intent to give an account to his Majesty of the reasons why they so do, by presenting some kind of map of the bounds of their northern line.

But the Commissioners passed an act to enervate the claim of both parties, having first received a petition from sundry of the inhabitants to his Majesty, and supposing the desire of the petitioners was to be taken into his Majesty's government and protection, they did accordingly receive them, and appointed several persons for Justices of Peace in the said Province of Maine, viz. Captain Champernoon, Mr. Joseline, Mr. Ryshworth,

In a letter to the Court, which, with the offensive "Declaration," may be found in Hutchinson, i. 225-7.-H. John Archdale; he came with Maverick. Maine Hist. Coll. I. 109.-H. 3 Ferdinando Gorges, Esq.-H. ⚫ Announced in a Proclamation at York, June 23, 1665. Maine Hist. Coll.

I. 111.-H.

of York, and Mr. Robert Cutts, of Kittery, and some others, eleven in all, giving power and authority to any three of them, or more, to meet together, as other magistrates formerly used to do, and to hear and determine all causes, civil or criminal, and order all affairs of the said Province for the peace and safety thereof, according to the laws of England, as near as may be, and this to be done until his Majesty appoint another government: forbidding as well Gorges's Commissioners, as the Corporation of the Massachusetts, to exercise any further power government there, by virtue of their pretended rights, till his Majesty's pleasure were further known. This was done in the June or July, in the year 1665.1

of

After the settling of these things in this sort, in the Province of Maine, the Commissioners proceeded further eastward, where they reduced things to as good order as they could, taking care to prevent any quarrel betwixt the Indians in those parts, (who it seems in those times gave some occasion of jealousy,) and the English, directing what course should be taken for redress, if any injury were offered on either side, before they should do any acts of hostility one against another. It had been well for those parts if these ways had been attended, which were by them prescribed, for then might much of the mischief have been prevented, which fell out in the years following; of which more is said in the following narrative, which hereunto may be annexed.

After things were thus ordered by those Commissioners, they returned back towards the Massachusetts, preparing two of them to ship themselves for England, Sir Robert Carr and Colonel Cartwright; but it seems one of them, viz. Sir Robert Carr, was arrested with a sickness as soon as ever he was landed in England, which in a few days? put a period to his life, as well as his Commission, and called him to give an account thereof before an higher tribunal. The other, viz. Colonel Cartwright, had taken exact account of all the transactions that had passed here under his cognizance, but falling into the hands of the Dutch he hardly escaped with his life, losing all his papers and writings. From them, likewise, he met with pretty harsh and coarse usage, they putting a gag into

1 See Maine Hist. Coll. r. 109-16; Williamson's Maine, i. 411-25.-H. * June 1, 1667," the next day after he came ashore," says Morton.-H.