men honest, and careful to pay their debts before they leave the world; in that place where men often die seized of much land, and little other estates, so as creditors would be extremely damnified, without the provision of some such law. CHAP. LXIX. The Province of Maine returns to the government of the Massachusetts: the occasion and manner, how it was brought about. THE government of the Province of Maine, called Yorkshire, having been interrupted for near three years, and the people there like to be reduced to a confused anarchy, for want of a settled order of government; upon some application made to the general court of the Mas sachusetts, by some principal persons in the said Province, the court counted it their duty to God and the king to declare their resolution to exert their power and jurisdiction over the province or county of York, as formerly; and did accordingly, in the year 1668, set out a declaration to require the inhabitants there settled, to yield obedience to the laws of their jurisdiction, as they had been orderly published, and to issue out warrants for choosing officers, in order to settling affairs there, as in times past; which was done accordingly, and commissioners appointed to keep a court in the usual manner and time as before, ordering Nathaniel Masterson, the marshal, to require the constable to publish the said order. The commissioners, appointed by the general court to manage the business, were Maj. John Leverett, Mr. Ed. ward Ting; assistants, Mr. Richard Waldron and Maj. Robert Pike. And to prevent misinformation about that affair, it is thought meet to annex hereunto an authentick copy of the court's order to the said commissioners, with a relation of the procedure therein, forasmuch as the same hath been publickly misrecited, to the disadvantage of the Massachusetts' government, and the persons principally concerned in the managing thereof. The court's order and declaration for the settlement and government in Yorkshire. Whereas this colony of the Massachusetts, in observ-. ance of the trust to them committed by his majesty's royal charter, with the full and free consent and submission of the inhabitants of the county of York, for sundry years did exercise government over the people of that county; and whereas about three years now past, some interruption hath been made to the peace of that place and order there established, by the imposition of some, who, pretending to serve his majesty's interest, with unjust aspersions and reflections upon this government, here estabished by his royal charter, have unwarrantably drawn the inhabitants of that county to submission unto officers that have no royal warranty, thereby infringing the liberty of our charter, and depriving the people now settled of their just privileges; the effect whereof doth now appear to be not only a disservice to his majesty, but also the reducing of a people that were found under an orderly establishment to a confused anarchy: the premises being duly considered, this court doth judge meet, as in duty they stand bound to God and his majesty, to declare their resolution again to exert their power of jurisdiction over the inhabitants of the said county of York; and do hereby accordingly, in his majesty's name, require all and every of the inhabitants there settled, to yield obedience to the laws of this colony, as they have been orderly published; and to all such officers as shall be there legally established, by authority of his majesty's royal charter, and the order of our commissioners, whom this court hath nominated and impowered to settle all officers, necessary for the government of the people there, and to keep a court this present summer, the first Tuesday in July, at Yorktown, as hath been formerly accustomed. And for that end we have commanded our secretary to issue out warrants to the inhabitants there, in their respective towns, to meet to choose jurors, both grand and petit, constables, and other officers, for the service of that county, as the law requireth. The said warrants to be directed unto Nathaniel Masterson, who is by this court appointed the marshal of that court as formerly, and by A copy of the Warrant. You are hereby required, in his majesty's name, forthwith to deliver the order of the general court, above written, to the constable of York, who is alike required forthwith to assemble the freemen and inhabitants together, and then publickly and audibly to read the order above written, and to signify to them, that they are hereby required in his majesty's name, to choose meet and fit persons for associates, grand and petit jurymen, to serve at the county court, to be held at York, as in the order aforesaid of the general court is expressed, and hereof not to fail. To Maj. Gen. John Leverett, and Mr. Edward Ting; Capt. Waldron, and Capt. Robert Pike. You are hereby authorized and required to repair to York, in the county of Yorkshire, and there you, or any two of you, whereof Maj. Gen. Leverett shall be one, to keep a county court, according as the law directs; and in case you meet with any person or persons, under the pretence of any other authority, that shall swerve from the due obedience they owe to this jurisdiction, under his majesty's royal charter, to which they have submitted and engaged themselves, that you call before you all such persons, and bring them to a due trial, and to proceed to sentence, as the merit of their offences shall require. Furthermore, you are authorized and commissionated to establish and confirm all officers and commissioners, civil and military, as you shall judge meet, for the security and preserving of order and peace in the said courts of York. And for the better enabling you to effect the same, you are hereby authorized, from the date of these presents, to act and do all such things, preparatory to the keeping of courts and settling of peace in the said county, as in your discretions you shall judge meet, And all officers, civil and military, within this jurisdiction, and all other inhabitants, are hereby required to be assistant unto you, as the matter shall require; and you are to render an account of what you shall do herein, to this court, at the next session in October, This court hath caused the seal of the colony to be affixed, and signed by the governour, May the 20th, 1668. The court having heard the return of their honoured commissioners, who were employed by this honoured court for the reducing the county of Yorkshire to the obedience of this government, do, with all thankfulness, acknowledge their good service therein, and do also allow and approve of what they have done in that affair, and do order the same to be entered into the publick records, and is as followeth : "Upon receipt of this court's commission, which is recorded in the last session, we presently appointed Peter Wyer clerk of the writs; and hearing marshal Masterson, appointed by the court, was imprisoned, we appointed another marshal by warrant under our hands; but the former marshal being set at liberty again, the other did not act. The court being by law to be kept in York, the first Tuesday in July, 1668, being the seventh day of the month, we repaired to York upon Monday to 6th day. Mr. Jocelin, and several others, styled justices of the peace, coming nigh to the ordinary, where we were before the door, after salutes passed, they told us they desired to speak with us in the morning. To their desire we complied, and gave them a meeting, where we acquainted them we were ready to hear what they had to say; but not as sent to treat with them about what we had to do, by virtue of the general court's commission. They acquainted us that they had lately received a pacquet from Col. Nichols, his letter to the governour and magistrates of the Massachusetts colony, which they desired us to read; and first, their commission, the which we read, and having read them, we told them that those concerned the general court, and had been under their consideration, all but the letter from Col. Nichols, and that they had sent their declaration into the country, so that we had nothing to say, only that we did not understand that the commissioners had power to make any such temporary settlement, his majesty having before him the case; for, that the Massachusetts had in obedience sent their reasons why they did not deliver up the government of that country to Mr. Gorge, which was according to his majesty's command. Then Mr. Jocelin told us, there was not above five or six of a town for us; to which we replied, we should see by the returns made to the court's warrants and appearance; and further told them we must attend our commission, in prosecution whereof we should attend his majesty and the country's service, not our own, and if we met with opposition, we should advise what to do. Many other things passed, but with mutual respect, they said they must attend their commission. We parted and repaired to the meetinghouse, and there opened the court by reading our com. mission publickly, and declaring to the people where, fore we came, whereto there was great silence and attention. Then by the marshal we called for the towns' returns, to be brought in for the election of associates; and returns were made from five towns, the other two being hindered (as they said) by the justices; yet in one of them above half the electors sent in their votes. Whilst the court was busy in opening, sorting, and telling the votes, the justices came up, and without doors by some instrument, made proclamation, that all should attend to hear his majesty's commands; upon which, order was given to the marshal, and accordingly he made proclamation, that if any had any command from his majesty, they coming and shewing it to the court, the court was open and ready to hear the same. Thereupon these gentlemen came in, and manifested their desire that what they had shewn to us in private might be read in court to the people; to whom we replied, that the court was in the midst of their business, in opening the returns |