to defend his subjects from usurpation, you may attempt anything under the notion of settling peace and order; I dare not be silent in a matter so expressly contradictory to his Majesty's signification. You will find that Province already settled by his Majesty's Commissioners in peace and order, except some few turbulent spirits. You may read his Majesty hath made a temporary confirmation thereof; why, then, are you so hasty to enter upon a thing of this nature, or how can you say that you have heard nothing since, that might discourage or weaken your title to the said government? I am necessitated to write in these plain and large terms, because the shortness of my time in these parts will not permit me to give you a visit, but will tell you my fears that, if you proceed to compel an alteration of government in the Province of Maine, by subverting their present establishment as it now stands circumstanced, in all likelyhood you may cause blood to be shed, for it is both natural and lawful for men to defend their fast rights against all invaders." Finally, "Gentlemen, I shall send a copy of this my letter, with an original of his Majesty's aforesaid signification, to those gentlemen of the said Province, and there leave the decision betwixt God and yourselves; my hearty wishes and prayers shall be to the Almighty that you may be endued with the spirit of obedience, charity, meekness, and brotherly love; holding yourselves within these bounds you may be happy upon all the points of the compass, and I am sure no man can wish you better than your affectionate humble servant." 1

But the visit of the gentlemen from Massachusetts was attended with no such scenes of violence as seem to have been anticipated by Colonel Nichols. Hubbard gives their report of their proceedings, submitted to the General Court on the 23d of October, 1668, and assures us that "in this order and manner did the Province of Maine return to the government of the Massachusetts, without any other force, threatening, or violence, whatever hath been to the contrary judged, reported, and published by any other person or persons, to the prejudice and disadvantage of the truth, and the credit of them that were called to act therein."2

In the year 1671 the Massachusetts General Court took measures to ascertain the eastern boundary of the Province of Maine, and appointed Thomas Clark, a skilful surveyor, to superintend the business. Clark employed George Munjoy, of Falmouth, to make the survey, who reported as follows, in November, 1672: -"from Clapboard Island, the place of Mr. Samuel Andrews's and Mr. Jonas Clark's observation, due east, takes in about one mile and three quarters above New Damerill's Cove, and along a little above Capt. Padishall's house, some part of Pemaquid, and most of St. George's Island, and so running into the sea, and no more land east until we come to Capt. Subeles' Island, observed with a large quadrant, with the approbation of Mr. Wiswall, who is well skilled in the mathematics; and is, to my best skill and judgment, our east line from the abovesaid Island. If the honored Court were pleased to go twenty minutes more northerly in Merrimack River, it would take in all the inhabitants and places east along, and they seem much to desire it." The inhabitants of these "eastern parts" petitioned the General Court, in 1671 and 1673, to take them under its protection. Accordingly, the Massachusetts Government, having first signified its approval of

1 This letter is in Hutch. Coll. Papers, pp. 427-8. Hutchinson remarks that "this Colonel Nichols appears to have been a very worthy good man, true to his trust, but, at the same time, discreet; and he gained the esteem of the people of the Massachusetts, who loved the man when they were making opposition to his measures."

2 The general authorities are, Hutchinson, i. 238-45; Sullivan, pp. 374-83; Williamson, i. 426, 430, 431-8, 439-40; Maine Hist. Col. 1. 126-8; Folsom, pp. 141-4; Josselyn, p. 198; Chalmers, Political Annals, pp. 395, 434, History of the Revolt of the Colonies, i. 133; Randolph, Narrative, in Hutch. Coll. p. 488, Representation of the Bostoneers, ibid., p. 526; and pages 593–601.

Munjoy's survey, extended its jurisdiction over the territory, with the consent of the people, as far east as Muscungus Bay, and appointed Commissioners, who proceeded to Pemaquid, in May, 1674, held a Court, erected the country from Sagadahock to St. George's River into a County, by the name of Devonshire, administered the oath of allegiance to the inhabitants, and appointed the necessary officers for their government. On the 27th of May they certified a report of their proceedings, which was presented to the General Court the same month, and approved; and the thanks of the Court were presented to the Commissioners, with a suitable remuneration for their services.1

The resumption of jurisdiction over the Provinces of Maine and New Hampshire, by the Massachusetts Government, was far from being regarded with indifference in England. The complaints of the proprietors were reiterated. Petitions were received from the former adherents of Gorges in Maine, complaining that his Majesty's authority had been subverted, and the government of the Province "turned topsy-turvy," by the Bay magistrates, and desiring the King again to interpose. The subject was often considered by the Lords of the Committee for Foreign Plantations, and on the 4th of July, 1671, they "drew up and agreed to a letter to be sent to New England, and made some proposal to Mr. Gorges for his interest in a Plantation there." We have already seen that Gorges and Mason, wearied with their protracted contentions with the Massachusetts General Court, tendered their claims to the Sovereign. We have seen that their proposals were favorably received by the Monarch, willing as he was to build up an establishment for the Duke of Monmouth; but that, while the consummation of the purchase was delayed by his want of money, the whole project was defeated by the ingenuity of the friends of Massachusetts. But Massachusetts was not always to have her own way. Clouds were already gathering in the horizon, which threatened ere long to obscure the sun of her prosperity. Mason presented to the King, in 1675, another petition, reciting at some length his claims, and his grievances, and states that his "losses have been so many and great, and his sufferings so continued, that he cannot any longer support the burthen of them," and concludes by expressing a hope that his Majesty "will think it high time to stretch forth his royal hand of justice to assist his petitioner, that he may have the quiet possession of his Province, and reparation made him for the losses sustained, in such ways and methods as the importance of the case requires." This petition was referred to the Crown-Lawyers, Jones and Winnington, who reported that "the petitioner, being heir-at-law to John Mason, Esq., had a good and legal title to said lands." Ferdinando Gorges now added his solicitations to those of Mason, and Charles at length, in March, 1675-6, sent a letter to the Colony, with copies of the petitions of Gorges and Mason. Edward Randolph, the bearer of these despatches, reached Boston on the 10th of June, 1676. His reception has been noticed elsewhere. The Governor said that the matters contained in the papers presented to them by Randolph were very inconsiderable things, and easily answered, and it did no way concern that Government to take any notice thereof." Randolph had brought letters from Mason "unto several of the most eminent inhabitants of Boston," who received him with much kindness, and expressed great loyalty" to his "The letters," says he, Majesty. 66 were to give them an account of the contents of your Majesty's letters, his [Mason's] own complaints against the proceedings of that Government, with the occasion of my coming into these parts, desiring them to communicate the same to others, the which was soon

66

1 Sullivan, p. 291; Maine Hist. Coll. 1. 130-1; Williamson, i. 441-5, 446; Hutch

spread abroad, to the great pleasure and satisfaction of all those who are well-wishers to your Majesty."

66

"About the beginning of July" Randolph went into the Province of New Hampshire, and travelled through several of the most considerable towns, acquainting the inhabitants with the occasion of his visit to New England, and reading to them a letter from Mason, "which," says he, gave them great satisfaction, the whole country complaining of the oppression and usurpation of the magistrates of Boston, and they have been for a long time earnestly expecting to be delivered from the government of the Massachusetts Bay, and do now humbly hope your Majesty will not permit them any longer to be oppressed, but will be graciously pleased to give them relief, according to the promises made them by your Majesty's Commissioners in 1665"! However this may be, certain it is that most of the people were highly incensed, and the inhabitants of Dover, in public town-meeting, "protested against the claim of Mason; declared that they had bona fide purchased their lands of the Indians; recognized their subjection to the government of Massachusetts, under whom they had lived long and happily, and by whom they were now assisted in defending their estates and families against the savage enemy." They also appointed Major Waldron "to petition the King in their behalf, that he would interpose his royal authority and afford them his wonted favor, that they might not be disturbed by Mason, or any other person, but continue peaceably in possession of their rights under the government of Massachusetts." The inhabitants of Portsmouth appointed a committee to draught and forward a petition to the same effect.. While Randolph was at Portsmouth he informs us that "several of the principal inhabitants of the Province of Maine " came to him, “making the same complaints with those of New Hampshire, entreating me," says he, to represent their condition to your Majesty, and are passionately expecting relief, some of them having been suffered to be ruined by the Indians for having formerly expressed their duty to your Majesty, when your Majesty's Commissioners were in that country, and for having taken commissions from them to act as Justices of the Peace.'

Having accomplished the objects of his mission, Randolph prepared to return home, and, on the 20th of July, went to Governor Leverett for his despatches. The Governor sharply reproved him for publishing his errand "unto the inhabitants of Boston, New Hampshire, and Maine," and charged him with a design "to make a mutiny and disturbance in the country, and to withdraw the people from their obedience to the magistracy of that Colony and the authority thereof." To this Randolph replied, that, if he had done anything amiss, the Governor might complain to the King, when " he would certainly have justice done him," and having received "the duplicate of a letter directed unto the Right Honorable Mr. Secretary Coventry," he went back to England, and made a report to his Sovereign and to the Lords of Trade and Foreign Plantations, which still farther inflamed their prejudices against the Colony.3

After Randolph's departure a special Court was summoned, which met on the 9th of August, and proposed to the Elders, who had been invited to attend, "whether the most expedient manner of making answer to the complaints of Mr. Gorges and Mr. Mason be by sending agents, or to answer by writing only." The Elders replied that in their opinion, it was most ex

1 Chalmers, Political Annals, pp. 395, 484, History of the Revolt, i. 138; Josselyn, p. 213; Folsom, p. 144: Sullivan, p. 333; Evelyn's Memoirs, i. 440; the King's letter of October 21, 1681, in Chalmers, p. 446; Farmer's Belknap, pp. 85-6; Mason's Petition, in 1675, ibid., pp. 440-4; Chalmers's Opinions of Eminent Lawyers, (8vo. Lond. 1814,) i. 64; Randolph's Narrative, in Hutch. Coll. Papers, pp. 503, 504-5.

2 Randolph's Narrative, in Hutch. Coll. pp. 507-9; Farmer's Belknap, p. 86; Adams's Annals of Portsmouth, p. 59.

3 Narrative, Coll. pp. 510-11.

pedient to send agents, "to appear and make answer, by way of information, at this time and in this case, provided they be with utmost care and caution qualified as to their instructions, by and according to which they may negotiate that affair with safety unto the country, and with all duty and loyalty unto his Majesty, in the preservation of our Patent liberties." This advice was followed by the Court, and Stoughton and Bulkley, upon whom the choice had fallen, sailed for England on the 30th of October, to present to Charles A Brief Declaration of the right and claim of the Governor and Company of the Massachusetts Bay, in New England, to the lands now in their possession, but pretended to by Mr. Gorges and Mr. Mason, together with an answer to their several pleas and complaints in their petitions exhibited, humbly presented and submitted by the said Governor and Company to the King's Most Excellent Majesty as their defence."1

Upon the arrival of the Massachusetts agents in England, the King, by an Order in Council, of the 7th of February, 1676–7, directed the Lords of the Committee for Trade and Plantations to enter into the examination of the bounds and limits which the Corporation of the Massachusetts Bay, in New England, on the one hand, and Mr. Mason and Mr. Gorges, on the other, do pretend by their several Grants and Patents to have been assigned unto them, as also to examine the Patents and Charters which are insisted on by either side, in order to find out and settle how far the rights of soil and government do belong unto any of them." Accordingly, on the 5th of April the Lords met, with the Chief Justices of King's Bench and Common Pleas, who had been appointed to lend their assistance, and having heard both parties by their counsel, they desired the Chief Justices to examine the claims made by them, and to give their opinion upon the whole case. In answer to the subsequent summons of the Justices all parties appeared before them. The Massachusetts agents immediately disclaimed all pretensions to the lands claimed by Gorges and Mason, "because their counsel informed them that they could not possibly be defended before such judges," and inasmuch as the lands were in the possession of individuals who were not present, the Justices did not think fit to examine any claims to the said lands, but directed the parties to have recourse to "the Courts of Justice upon the place, for the decision of any question of property, until it shall appear that there is just cause of complaint against the Courts of Justice there, for injustice or grievance." The several claims to the government were next considered, and Mason having waived his pretence to the government of New Hampshire, founded on the Grant from the Council of Plymouth, because he was assured, by his counsel, that no such power or jurisdiction could be transferred or assigned by the Council, it being a trust not subject to alienation, the question was thus reduced to the Province of Maine, which Gorges claimed by virtue of the Grant made by Charles I., April 3, 1639, to "Sir Ferdinando Gorges, his heirs and assigns," of "the Province of Maine, with all and singular, and as large and ample rights, jurisdictions, privileges, prerogatives, royalties, liberties, immunities, franchises, and hereditaments, as well by sea as by land, within the said Province and premises, and the precincts and coasts of the same, or any of them, or within the seas belonging or adjacent to them or any of them, as the Bishop of Durham, within the Bishoprick, or County Palatine, of Durham, in our Kingdom of England, now hath, useth, or enjoyeth, or of right ought to have, use, and enjoy, within the said County Palatine." In answer to this claim the agents exhibited their Patent for all that part of New England lying within the space of three miles south of Charles River and three miles north of Merrimack River; to which it was replied that this Patent was invalid, because, (1) there was a precedent Grant, 18° Jac., [the Grant to the Plymouth Council, Nov. 3, 1620,]

Hutchinson, i. 281; the "Brief Declaration," dated Sept. 6, 1676, is in Farmer's Belknap, pp. 444-9.

2 See this Charter, in Sullivan, pp. 397-403, and in Hazard, i. 442-55.

of the same thing, then in being, which was surrendered afterwards, [June 7, 1635,] and before the date of Gorges's Patent, 15° Car. Imi; and (2) the grant of the government could extend no farther than the ownership of the soil, the boundaries of which, as recited in their Patent, wholly excluded the Province of Maine, which lies northward more than three miles beyond the River Merrimack. The Justices, however, decided that the Massachusetts Patent, 4° Car. Imi, was good, notwithstanding the Grant made 18° Jac., for it appeared that the Plymouth Council had granted away all their interest in the lands, the year before, sc. March 19, 1627-8, and it must be presumed that they, at the same time, surrendered the right of government, so that it was lawful for the King to grant such powers of government as he thought proper in the Patent of March 4th, 1628-9; but that, as to the bounds of the Massachusetts Patent, they could not be construed to extend farther northward, along the Merrimack, than three English miles, and if the Province of Maine was situated more than three English miles to the north of the Merrimack, that then the Patent of 4° Car. I gave no right to govern there, and, consequently, the Patent of 15° Car. Imi to Gorges would be valid; and they delivered it as their opinion upon the right of government, that the Massachusetts, by their Patent of 4° Car. Imi, had such rights of government as were granted by that Patent, within the boundaries expressed therein, and that Ferdinando Gorges had, by the Patent of 15° Car. Imi, such right of government as was granted by said Patent, within the lands called the Province of Maine, according to the boundaries of the same, expressed in the same Patent.

This decision of the Chief Justices received the assent of the Lords of Trade and Foreign Plantations, who presented to the Privy Council, on the 18th of July, a full report "of the matters in controversy," which having been read, "it was then ordered that the said Mr. Mason and Mr. Gorges, as also the agents of the Corporation of the Massachusetts Bay, should be heard upon the said report, if they had any objections to make thereunto." In pursuance of this order all parties appeared before the Council, on the 20th of the same month, with their counsel, and "not alleging anything so material as to prevail with his Majesty and the Board to differ in judgment from the said report, his Majesty was thereupon pleased to approve of and confirm the same, and did order that all parties do acquiesce therein, and contribute what lies in them to the punctual and due performance of the said report, as there shall be occasion." i

This adjudication having been announced to Massachusetts, her Government immediately adopted measures to secure the Province of Maine, of which she had been thus summarily deprived. She authorized John Usher, a Boston merchant, at this time in England, to open a negotiation with Ferdinando Gorges for the purchase of all his right and interest. The proposal was favorably received by the proprietor, and on the 13th of March, 1677-8, he executed an absolute conveyance to Usher of "the Province or County of Maine, and all other the lands, tenements, jura regalia, powers, franchises, jurisdictions, royalties, governments, privileges, and hereditaments whatsoever, granted or mentioned or intended to be granted unto Sir Ferdinando Gorges, his heirs and assigns, by Letters Patent under the Great Seal of England, bearing date the third day of April, in the fifteenth year of the reign of King Charles the First, or by any other Letters Patent, Charters, deeds, or conveyances whatsoever; and also all other the lands, tenements," &c. &c., "of him, the said Ferdinando Gorges, situate, lying, and being,

1 Chalmers, Political Annals, pp. 396, 485-6, History of the Revolt, i. 138; Hutchinson, i. 281. The Report of the Lords of the Committee for Trade and Foreign Plantations, (which embraces the Report of the Chief Justices, Rainsford and North,) and the King's confirmation thereof, is in Farmer's Belknap, pp. 449-52; it may also be found in Mass. Hist. Coll. xxvIII. 238-42, and a portion of it in Chalmers,

pp. 501-7.