to be out of the reach of a General Governor, which at that time was much spoken of."

But in one of these ships, the Hector, came a passenger of a different class, a youth "about nineteen years of age"-of noble blood, the son and heir of the Earl of Marlborough, impelled by curiosity to behold, with his own eyes, the men who had left their native land to find freedom in the wilds of the Western Continent. The serious deportmentof the young stranger, and his manners, singularly modest and unassuming for one so young, immediately won the esteem of the sober Puritans; Winthrop, the illustrious Father of the Colony, records that he "showed much wisdom and moderation in his lowly and familiar carriage, especially in the ship. where he was much disrespected and unworthily used by the master, one Ferne, and some of the passengers; yet he bare it meekly and silently." "When he came on shore," says the same venerable chronicler," the Governor' was from home, and he took up his lodging at the common inn. When the Governor returned, he presently came to his house. The Governor offered him lodging, &c., but he refused, saying that he came not to be troublesome to any, and the house where he was was so well governed that he could be as private there as elsewhere."

The differences between the "straitest sect" of the Massachusetts Colonists and the adherents of Mrs. Hutchinson were now at their height,, and the next notice of Lord Ley occurs in a little anecdote which curiously enough illustrates the feelings of the two parties toward each other. On a certain day in July, Governor Winthrop prepared an entertainment in honor of the young nobleman, and among the invited guests was Sir Henry Vane. But Mr. Vane "not only refused to come, (alleging by letter that his conscience withheld him,) but also, at the same hour, he went over to Nottle's Island to dine with Mr. Maverick, and carried the Lord Ley with him "!

Not long after this, Ley, "being told that one Ewre had spoken treason against the King, sent for the party, one Brooks, and inquiring of him, he told him that Ewre had said, about twelve months before, that, if the King did send any authority hither against our Patent, he would be the first should resist him. This coming to the Governor's knowledge, he sent for the parties, and bound them over to the General Court," which was to meet at New-town, in August. "When they came there Brooks brought his wife to witness with him; but her testimony agreed not with his; also three others (whom he had told it unto) reported it otherwise. So at length they all agreed, and set it under their hands, that Ewre said that, if there came any authority out of England contrary to the Patent, he would withstand it. Now, because here was no mention of the King, and because he never informed any of the magistrates of it, and for that it was evident that he bare malice to the said Ewre, we saw no cause,' says Winthrop, to take any other of the parties informing, nor any offence which deserved punishment, seeing it is lawful to resist any authority, which was to overthrow the lawful authority of the King's grant; and so the Governor did openly declare, in the Court, as justifiable by the laws of England."

The indirect rebuke of Ley's conduct contained in this decision is perhaps indebted for some part of its severity to the worthy Governor's recollections of the slight put upon him in the affair of the dinner-party; however that may be, it is hardly probable that the young Lord was benefited by the reproof, for he left Boston, in company with Vane, on the 3d of August, before the Governor returned from the Court, and proceeded to Long Island, where they took passage for England. At their departure from Boston" those of Mr. Vane's party were gathered together, and did accompany him to the boat, and many to the ship; and the men, being in their arms, gave him divers vollies of shot, and five pieces of ordnance,

! Winthrop himself.

and he had five more at the Castle," the Governor having left orders with the Commandant for their "honorable dismission."

On the decease of his father, Sir James became the third Earl of Marlborough. The fortune which had descended to him was but small, and instead of attempting to maintain a style which must have involved him in ruin, with a strength of mind the more remarkable because of such rare occurrence, he brought down his mind to his fortune, and lived very retired," applying himself to the study of mathematics and navigation. The same spirit of adventure which had formerly conducted him to the shores of New England, induced him to seek distinction as a naval commander. He made several long voyages, became eminent as a practical mathematician and navigator, and was finally constituted Lord Admiral of all his Majesty's ships at Dartmouth and the parts adjacent.

In the year 1662 occurred the marriage of Charles II., of England, to Catherine of Braganza. "Nearly all the courts of Europe had struggled for the honor of giving a wife to this dissolute, heartless man. Charles held himself at auction, and Portugal became the highest bidder, offering, with the Princess Catherine, Tangiers, Bombay, the advantages of a free trade, and half a million sterling." This offer was accepted, and Lord Sandwich was despatched with a small fleet to take possession of Tangiers, and bring home the bride and the money; while the Earl of Marlborough, who was at this time employed in the American Plantations, received orders to proceed to Bombay, and take possession thereof in the name of his Sovereign.

Returning from this mission, he arrived on the coast of England not long before the 3d of June, 1665. On that day a terrible battle was fought off Lowestoffe between the English fleet, commanded by the Duke of York, and the Dutch fleet under the command of Admiral Opdam. "The Dutch lost Opdam, who was blown up with his ship and crew, three other Admirals, an immense number of men, and eighteen ships;" the loss of the English was comparatively inconsiderable, but among their killed were Admirals Sampson and Lawson, the Earls of Falmouth, Muskerry, and Portland, who served as volunteers on board the Duke's ship; and the Earl of Marlborough, who, "commanding that huge ship called the Old James in that great fight, was there slain by a cannon-bullet."

His remains were conveyed to Westminster, on the 14th of July, there "to be buried, several Lords of the Council carrying him, and with the herald in some state."

I cannot better conclude this imperfect sketch than in the words of the Earl of Clarendon, who, after relating the particulars of the battle, thus proceeds to pay a tribute to the memory of the gallant Marlborough.

The Earl of Marlborough," says the noble historian, "who had the command of one of the best ships, and had great experience at sea, having made many long voyages at sea, and being now newly returned from the East Indies, whither the King had sent him with a squadron of ships, to receive the Island of Bombayne from Portugal, was in this battle likewise slain. He was a man of wonderful parts in all kinds of learning, which he took more delight in than his title; and having no great estate descended to him, he brought down his mind to his fortune, and lived very retired, but with more reputation than any fortune could have given him."

The Earl died a bachelor, and his titles reverted to his uncle, Sir William Ley, (third and only surviving son of Chief Justice Ley,) at whose decease, in 1679, without children, the honors became extinct.

See Burke's Extinct and Dormant Baronetcies, pp. 313-14; Wood's Athenæ Oxon., ii. 441-3; Fasti, i. 193; Granger's Biographical History of England, (4to. Lond. 1769,) i. 268–9; Smyth's Law Officers of Ireland, (12mo. Lond. 1839.) pp. 26, 88, 214, 215; Beatson's Political Index, i. 92, 93, 255, 333, ii. 291; Dugdale's Origines Juridiciales, (fol. Lond. 1671,) An. 1620; Rymer's Fadera, Tom. XVIII., (Jol. Lond. 1726,) p. 625; Wal

pole's Royal and Noble Authors, (Svo. Lond. 1806,) ii. 217-19; Clarendon's History of the Rebellion, (8vo. Oxford, 1826) i. 84-5, 87, iv. 129, 632; Collins's Peerage, (8vo. Lond. 1812,) ix. 456-7; Peck's Desiderata Curiosa, (fol. Lond. 1732 & 1735,) Lib. XIV. p. 13; Fisher's Companion and Key to the History of England, (8vo. Lond. 1832,) pp. 592, 603; Lord's Lempriere; Savage's Winthrop, i. 227–31, 232, 234-5; Life of Edward Earl of Clarendon, written by himself, (fol. Oxford, 1759,) p. 266; Campbell's Lives of the Admirals, ii. 341; Pictorial History of England, (New York ed.,) Book VIII. pp. 667, 677; Wade's British History Chronologically Arranged, (2d. ed., 8vo. Lond. 1843,) pp. 223-4, 225-6; Memoirs of Pepys, (2d ed., 8vo. Lond. 1828,) ii. 40, 274, 277.

Page 263, note a. A copy of this Commission, in Latin, is contained in Pownall's Administration of the British Colonies, (5th ed., 8vo. Lond. 1774.) ii. 155-63, and, from Pownall, in Hazard's State Papers, i. 344-7. Hutchinson (History of Mass., i. 440-2,) took it from Hubbard; and Hubbard undoubtedly copied it from Plymouth Church Records, wherein it was recorded at length by Secretary Morton.' The printed originals, then, are contained in Pownall and Hubbard; for, notwithstanding a diligent search in the various collections of State Papers, I have been unable to ferret out another copy of this curious document.

On a comparison of Hubbard's version with that of Pownall, the translation was found to be far from accurate, and the attempt has been made, in some few instances, to improve it, by additions (which are enclosed in brackets) and corrections.

But this collation of the two versions disclosed other more important discrepancies, which have resulted in the additions (in brackets) to that portion of Hubbard's text which recites the names of those to whom the Commission is addressed.

Hub ard and Hutchinson give us the names of the Archbishops of Canterbury and York, Lord Coventry, the Earls of Portland, Manchester, Arundel and Surrey, and Dorset, Lord Cottington, Sir Thomas Edmonds, Sir John Coke, and Sir Francis Windebank, eleven in all, as those to whom the care of the Colonies was entrusted; and they have been followed, as to the number, by Bradford, Williamson, and the compiler of the History of the British Dominious in North America.1

Pownall and Hazard give the names of twelve dignitaries of Church and State viz. the Archbishops of Canterbury and York, Lord Coventry, the Bishop of London, the Earls of Manchester, Arundel and Surrey, and Dorset, Lord Cottington, Sir Thomas Edmonds, Sir Henry Vane, Sir John Coke, and Sir Francis Windebank - as those to whom the Commission was addressed; and they have been followed, as respects the number, by Holmes and Martin.6

Winthrop, who undoubtedly saw the "copy of the Commission" which came over" to New England in September, 1634, says that it was "granted to the two Archbishops and ten others of the council;" and John Cotton, citing Plymouth Church Records, gives the names thus; the Archbishops of Canterbury and York, Lord Coventry, the Earls of Portland, Manchester, Arundel and Surrey, and Dorset, Lord Cottington, Edmonds, Vane, Coke, and Windebank. Chalmers,9 Grahame,10 Marshall," and

1 "That after ages," as he says, "may improve it as an experiment of God's goodness in preventing its taking effect, which had it done, this poor church at Plymouth (with the other churches of New England) had been destroyed." See Mass. Hist. Coll. IV. 119-20.

33.

Annals, i. 224. 7 History of New Hist. Coll. iv. 119.

2 History of Massachusetts, from 1620 to 1820, (Svo. Bost. 1835,) 3 History of Maine, i. 258-9. 4 4to. Lond. 1773, pp. 101-2. History of North Carolina, (8vo. New Orleans, 1829,) i. 98. England, i. 143. 8 Account of the Church in Plymouth, in Mass. 9 Political Annals of the United Colonies, (4to. Lond. 1780,) pp. 153-9; and History of the Revolt of the Colonies, (8vo. Bost. 1845,) i 55. 10 History of the United States, (8vo. Bost. 1845,) i. 256. 11 History of the Colonies, (8vo. Philad. 1824,) pp. 91-2.

Minot state it to have been given to "the great officers of State and some of the nobility," while Bancroft, Pitkin, and Sandford merely inform us that there was such a Commission.

On comparing Pownall and Hubbard we find that the former gives two names- those of Vane and the Bishop of London - which do not appear in Hubbard, while Hubbard presents us with the Earl of Portland, whose name is not found in Pownall's copy of the Commission.

The omission in Hubbard's MS. of the names of two of the Commissioners would not be at all surprising; so that we might feel perfectly safe in seating the Bishop of London and Sir H. Vane at the Board, were it not that we should then have thirteen Commissioners. We will, therefore, be content with the addition of Vane, Comptroller of the King's Household, for which we have the authority of Morton, in the Plymouth Church Records, and also of the Order sent by the Lords Commissioners, in December, 1634, to the Lord Warden of the Cinque Ports, signed as follows:

If we now compare the two versions, after having added Vane to Hubbard's list, we shall find that the only important difference, in this part of the document, lies in the following passages of each:

"to our right trusty and well- "Necnon reverendo in Christo beloved Cousins and Counsellors, patri & perdilecto & perquam Richard, Earl of Portland, and High fideli Consiliario nostro, Willielmo Treasurer of England," &c. &c. Episcopo London. summo thesaurario nostro Anglie," etc. etc.

From the above passage of Pownall it has been inferred that William, Bishop of London, was High Treasurer at the time when this Commission was issued; but this was not the case. William Juxon, Dean of Woreester, was sworn Clerk of his Majesty's Closet, July 10, 1632. In 1633 he was elected Bishop of Hereford, but before consecration was translated to London, and it was not until 16367 that, at the solicitation of Archbishop Laud, he was appointed Lord High Treasurer of

1 History of Massachusetts, (8vo. Bost. 1798
United States, (8vo. Bost. 1844,) i. 407.
United States, (8vo. New Haven, 1828,) i. 37.
Philad. 1819,) p. 37.

5 Hazard, i. 348. 61632, July 10. Tuesday. Doctor Juxon, then Dean of Worcester, at my suit sworn Clark of his Majesties Closet; that I might have one that I might trust near his Majesty, if I grow weak or infirm." Archbishop Laud's Diary, in the History of his Troubles and Trial, p. 47. 71635-6, March 6. Sunday. William Juxon, Lord Bishop of London, made Lord High Treasurer of England. No Church man had it since Henry 7. time. I pray God bless him to carry it so, that the Church may have honour, and the King and the State service and contentment by it. And now, if the Church will not hold up themselves, under God, I can do no more." Ibid. p. 53.

"Pro Willielmo Episcopo London.

Rex, nono Die Martii, concessit Willielmo Episcopo London Officium Thesaurarii Scaccarii durante beneplacito.

Per Regem."

Rymer's Fædera, Tom. xix., (fol. Lond. 1732,) Anno 1635-6, p. 766.

England. Hence it is evident, that if he was a member of the Board of Commissioners at all, he took his seat, not as an Officer of State, but as Bishop of London.

But, it will be asked, who was High Treasurer in 1634? I answer, Richard Lord Weston, (created Earl of Portland, Feb. 17, 1632-3,) who was raised to this office July 15, 1628,2 and retained it until his death, March 12, 1634-5.3

On the concurrent testimony, then, of Pownall, Morton, (in Plymouth Church Records,) and the Order of December, 1634, Vane has been added to the number of Commissioners given by Hubbard. The Bishop of London has also been added, on the authority of Pownall alone; although the writer of this note is obliged to confess that he doubts very much whether the good Bishop was one of the Commissioners at this time, inasmuch as (1) his name is not recorded by Morton; (2) neither does it appear among the subscribers to the Order of Dec. 1634; (3) Winthrop explicitly states that the number of Commissioners was twelve; and (4) the association of Juxon's name, in Pownall, with the office of High Treasurer, renders it highly probable that this clause was inserted (in the copy of the Commission from which Pownall printed) after the death of the Earl of Portland, and the appointment of Juxon to the place which that nobleman had filled. Nevertheless, as this is merely conjecture, the editor has not considered himself authorized to reject the Bishop, and has therefore inserted his name as above stated.

With the addition of Vane and Juxon the list of Commissioners is as follows: Sept. 19.

Impeached of high treason, Dec. 18. 1633. William Laud, Archbishop of Canterbury,* . 1640. Died in office, Jan. 14. Thomas Lord Coventry, Lord Keeper of the Great Seal, 1639-40.

Oct. 30. 1625.

1 The worthy prelate resigned the Treasurer's Staff, May 17, 1641, and went into retirement. September 20, 1660, he was translated from London to Canterbury, and died June 4, 1663, aged 81. See Wood's Athena Oron., iv. 818-21; Granger's History of England, i. 347, 383; Clarendon's History of the Rebellion, i. 162. 175, 370; History of the Troubles and Tryal of William Laud, (fol. Lond. 1695,) p. 525; Fuller's Worthies of England, (Nuttall's ed., 8vo. Lond. 1840,) iii. 249-30; Whitelock's Memorials, (fol. Lond. 1732,) p. 46; Peck's Desiderata Curiosa, Lib. XIV. p. 36; Neal's History of the Puritans, (Toulmin's ed., 8ro. Portsmouth, Newburyport, and Boston, 1816-17,) ii. 301-2, iv. 434; Beatson's Political Inder, i, 159, 193, 207, 333; Fisher's Companion and Key, pp. 696, 720, 731; Chalmers's Biographical Dictionary, (8vo. Lond. 1812-17 ;) Pepys. ii. 50, 54. 21625, July 15. Tuesday, St. Swithin. Treasurer." Laud's Diary, as above, p. 43.

The Lord Weston was made Lord

"Pro Richardo Domino Weston.

Rex, decimo quinto Die Julii, concessit Richardo Domino Weston Officium Thesaurarii Scaccarii durante beneplacito.

Per Regem."

Rymer, Tom. XIX., Anno 1628, p. 39. 31634-5, March 14. Saturday. I was named one of the Commissioners for the Exchequer, upon the death of Richard Lord Weston, Lord High Treasurer of England.” Laud's Diary, p. 51. The other Commissioners were Henry, Earl of Manchester, Lord Privy Seal, Francis Lord Cottington, Chancellor of the Exchequer, and Sir John Coke and Sir Francis Windebank, Knts., Principal Secretaries of State. Beatson, i. 95, 97, 333; Granger, i. 347, 370; Clarendon, i. 84-96, 173; Fuller's Worthies, i. 511; Peck, Lib. xiv. p. 16; Collins's Peerage, ix. 401; Fisher, pp. 636, 685.

4 Laud's Diary, pp. 49, 60; Clarendon, i. 156, 158-62, 309, et seq.; Wood's Athenæ, i. 117-44, iv. 802-3; Granger, i. 381-2; Chalmers; Beatson, ì. 159, 206; Fisher, pp. 696, 731.

5 Laud's Diary, p. 24; Athenæ, ii. 650-2; Clarendon, i. 80-4, 231; Walpole's Royal and Noble Authors, ii. 310-15; Fuller's Worthies, iii. 365-6; Granger, i 430; Peck's Desiderata Curiosa, Lib. xiv. p. 18; Collins, ii. 746-8; Burke's Peerage and Baronetage, (7th ed., 8vo. Lond. 1842,) pp. 245-6; Chalmers; Beatson, i. 323; Fisher, p. 528.