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. 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

1 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. in the MS.-H.

' XLIV

Governor; the first carried it but by six votes, if so many could regularly be made out. It was long before either of these gentlemen were accepted into the chief place of the government, yet had they this advantage superadded, that they were, in after times, oftener called thereunto, or rather continued therein, after the death of Mr. Winthrop and Mr. Dudley, longer than any of their predecessors. In the end of this year, 1641, upon the supposal that great revolutions were now at hand, two of the ministers of the Massachusetts, with Mr. Hibbins, were sent over to England, viz. Mr. Weld and Mr. Peters." The first had given the greatest encouragement of any man else for invitation of his friends to come over to New England, yet was it observed true of him, which some note of Peter, the hermit, who sounded an alarum and march to all other Christians, to the Holy Land, but a retreat to himself; and indeed he returned not with the dove, which came with an olive branch in her mouth. As for the other, it had been well if he had never gone, or soon after to have returned, and might have been warned by Funccius's example, disce meo exemplo,' &c., or rather to have taken St. Paul's counsel, to abide in the calling wherein he was called, whereby he might have prevented a sad sentence, that afterward befell him, as a bird that wanders from her nest. About this time, also, the Massachusetts began to look more circumspectly into their bounds, than before time they had leisure to do, both westward and northward. For at Connecticut River it did appear that Springfield fell within their limits, which, by a mistake, had been hitherto taken for a member of Hartford jurisdiction; so the loss fell upon them that were not content with an equal allotment; for the business had else never been so narrowly looked into, as is said, if injury had not been offered to some that were there planted, and supposed to be under their jurisdiction.1 On the other side, toward Pascataqua, some gentlemen, that had a long time tried the pleasure of being lords, to have none to rule over them, but finding they were not able to manage or carry on what they had taken in

1 See Sav. Win. i. 285; Hutchinson, i. 95, 97.-H.

hand, were pretty willing to be eased of the burthen, and therefore petitioned the Massachusetts, by several hands subscribed, and some of their Patentees, in the name of the rest, to accept of them into their government; which they did, not so much out of ambition of the power, as compassion to the poor inhabitants, who had been almost wearied out with dissensions among themselves, both in their civil as well as church affairs, if not in danger to be ruined thereby. The Lords and gentlemen, which had these two Patents, finding no means to govern the people there, nor restrain them from spoiling their timber, agreed to assign all their interest of jurisdiction to the Massachusetts, reserving the land to themselves, as is said by them who took notice of things that passed in those times. So that, on Sept. 24, 1641, the inhabitants on the south side of Pascataqua, both at Dover and Strawberry Bank, (since Portsmouth,) were declared to belong to the Massachusetts jurisdiction, and in pursuance thereof a committee was chosen to order matters accordingly."

A village this year1 was granted at Billerica; another the next year on Ipswich River, called, since, Topsfield.

2

On the 18th of May, 1642, the government of the Massachusetts fell again into the hands of that honorable gentleman, Mr. Winthrop, the Deputy's place remaining with Mr. Endicot; at which election, also, Mr. Samuel Symonds, a gentleman of an ancient and worshipful family, from Yeldham, in Essex, was added to the number of the Assistants. At this Court, a body of laws, that had been a long time under debate, were now established; reserving a liberty in some lesser offences to alter the penalty according to circumstances, about which there was much agitation in the General Court. By this time the College at Cambridge was brought to some perfection, and feoffees were this year appointed, viz. all the magistrates of the Colony, and the elders of the six next adjoining churches; a needful provision for the taking care of the sons of the prophets, over whom we know of

'June 14, 1642. Farmer and Moore, Hist. Coll. ii. 65.-н.

A mistake; Symonds was not chosen an Assistant until May, 1643.—н. See page 246.-н.

old they were set that were able, both as prophets to teach, and judges to rule and govern.1

May the 10th, 1643, Mr. Winthrop was again chosen Governor, and Mr. Endicot Deputy Governor. This year the practice of Dover, and the other inhabitants, encouraged those of Exeter to follow their example, who were in like manner, upon their petition, received under the government of the Massachusetts, and accordingly declared to belong thereto.3

5

May 29, 1644, Mr. Endicot was a second time chosen Governor, and Mr. Winthrop Deputy Governor, and Mr. Dudley, the first Major-General, was chosen at this election. This year the Anabaptists began to grow troublesome in the Massachusetts, which irritated the zeal of some principal persons in the country to sharpen the edge of authority against them, the Court being, by this occasion, put on to make laws against them, as is intimated before, but with what success is hard to say; all men being naturally inclined to pity them that suffer, how much soever they are incensed against offenders in general. But natural conscience, and the reverence of a Deity, that is deeply engraven on the hearts of all, makes men more apt to favor them that suffer for religion, (true or false,) on which consideration some are ready to think that corrosives and sharp medicines do but draw evil and malignant humors to the ill-affected part, and, therefore, they say, of all arguments against corrupt opinions, those are the least proper and most ineffectual that conclude in ferio; the worst mode and figure for a religious topic. Though men had need take heed on what account they take sanctuary in the holy place of conscience, which is God's throne; for, as one saith, God, who is a God of truth, hath appointed no city of refuge for presumptuous sinners, such as are the father of lies, and murtherer of souls, or any of his instruments. Joab must be taken from the horns of the altar. However, it were well if all those, who cannot comply with the religion of the state and place where they live, yet had so

1

See pages 237, 247, 543, 555.—H.

First written inhabitants.-H.

See Farmer's Belknap, p. 32; Hutchinson, i. 105-6.—н.

4 Dudley was not the first Major-General, but John Humphrey, who was appointed at the General Court in June, 1641. Sav. Win. ii. 35.—н. See pages 347, 413.—н.