History of East Boston; with biographical sketches of its early proprietors, and an appendix, Part 12

Author: Sumner, William H. (William Hyslop), 1780-1861. cn
Publication date: 1858
Publisher: Boston, J. E. Tilton
Number of Pages: 883


USA > Massachusetts > Suffolk County > East Boston > History of East Boston; with biographical sketches of its early proprietors, and an appendix > Part 12
USA > Massachusetts > Suffolk County > East Boston > History of East Boston : with biographical sketches of its early proprietors, and an appendix. > Part 12


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It is not improbable that the unpleasant state of feeling exist- ing between the mother country and the Massachusetts colony had influence with the crown in listening to the solicitations of Maverick. His representations of the state of affairs in Massa- chusetts were supported by others who were unfriendly to the colony. A letter from Capt. Thomas Breedon to " My Lords and Gentlemen" is on record, which gives to the government any thing but a favorable account. Says Breedon : " The dis- tinction of freemen and non-freemen, members & non-members, is as famous as Cavalers & Roundheads was in England ;" . . . " they look on themselves as a free state," some "say they will dye before they loose their liberties and priviledges ; by


130


HISTORY.


[1664.


which it may appeare how difficult it is to reconcile monarchy and independency ; ... there should be a speedy course taken for setling and establishing this country in due obedience & subjection to His Majtie" etc.


In the spring of 1664, intelligence came to this country that several ships were soon to arrive from England, and with them persons of distinction. By order of the court the charter was put in the charge of four of their number for safe-keeping, and a day of fasting and prayer was appointed to be observed throughout the jurisdiction.1


The ships sailed from Portsmouth, England, having on board four hundred and fifty men, and four commissioners of oyer and terminer,2 who were appointed to visit the colonies and hear and determine all matters of complaint. This com- mission consisted of Col. Richard Nichols (the commander of the expedition), Sir Robert Carr, George Cartwright, and Samuel Maverick,3 any two or three of them constituting a quorum, Col. Nichols being always one. The king's com- mission, after setting forth the reasons for this appointment, says : -


" Know yee therefore, that wee reposing special trust and confidence in the fidelity, wisdome, and circumspection of our trusty and well-beloved Colonel Richard Nichols, Sir Robert Carre, Knt., George Cartwright, Esq., and Samuel Maverick, Esq., of our special grace, certain knowledge, and mere motion, have made, ordained, constituted and appointed, and by these presents do make, ordain, constitute and appoint the said Colonel Richard Nichols, Sir Robert Carre, George Cartwright, and Samuel Maverick, our Commissioners, and do hereby give and grant unto them, or any three or two of them, or of the survivors of them, of whom wee will the said Colonel Richard Nichols during his life, shall be alwaies one,4 and upon equal


1 Hutchinson, Vol. I. p. 230.


2 Washburn (Judicial History, p. 35) thus specifies them.


3 Goodrich's Hist. United States, p. 50, erroneously calls him Richard Mave- rick.


4 This provision is thus alluded to in a letter from Cartwright to the secre- tary of state. "Since all the plantations both of Dutch and Swedes upon the


131


THE COMMISSION.


1664.]


division of opinion to have the casting and decisive voice, in our name to visit all and every of the said colonies aforesaid, and also full power and authority to hear and receive, and to examine and determine, all complaints and appeales in all causes and matters, as well military as criminal and civil, and to proceed in all things for the providing for and settling the peace and security of the said country, according to their good and sound discretions, and to such instructions as they or the survivors of them shall have, or shall from time (to) time receive from us in that behalfe ; and from time to time, as they shall find expedient, to certify us or our privy counsel, of their actings and proceedings, touching the premises," etc.1


This commission bore date of the 25th of April, 1664, the sixteenth year of the reign of Charles II., that is, the sixteenth year from the execution of his father, Charles I., but only the fourth year after the restoration ; the protectorate of Cromwell was made of no account in the royal reckoning. It was pre- ceded by a letter from Charles II. bearing date 23d of April, two days previous to the date of the commission to the governor and council of Massachusetts, stating some of the objects of the commission, and speaking of the commissioners as " per- sons of known affection to our service and of long experience ;" of this, the colonists had no doubt !


In the instructions by which the royal commissioners were to be guided, the king commands them to give assurance to the governor and council of his tenderness, care, and affection for the inhabitants of the colony ; and of his confident expecta- tion that by the representations of that nature they should make, the evil designs of disaffected ones would be discouraged, and the loyalty and affection of his subjects, in turn, would be secured. They were then to open the matter of " reducing the


South River were reduced under the obedience of his Majestie in October last, Mr. Mavericke and my selfe have had nothing to doe but to observe His Majesties commands in visiting the English Colonies; but we have not had power to doe anything ; for together he and I cannot act without a third man, though each of us, single, may act with Colonel Nicolls; but he is detained at New York," etc.


1 Hutchinson's Hist. Mass. Vol. I. p. 535 ; N. Y. Col. Hist. Vol. III. p. 64.


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HISTORY.


[1664.


Dutch in or near Long Island, or anywhere within the limits" of the king's dominions, to entire obedience to his government. The general reasons assigned for this were, that besides afford- ing refuge to all sorts of evil-doers, the Dutch made it their business to oppress their neighbors, and by unlawful and foul means to engross all the trade to themselves. This being done, the commissioners were next to desire them, after their own custom, constitution, and form, as soon as it could be done, to call a general council and assembly, to whom also these matters should be opened. They were to inform themselves of the state and condition of the neighboring " Kings and Princes or the other Natives adjoining," and to inquire what treaties or contracts had been made with them; how they had been observed on the part of the king's subjects ; and, for the credit of Christianity, to redress any wrongs that might have been committed. They were also to ascertain what progress had been made in founding any college or schools for the education of youth, and the conversion of the infidels ; and what success had attended endeavors of that kind. These things being accomplished, they were directed to "take a view of our letter of the 28th June, 1662, and examine how all those particulars therein enjoined by us, and which ought by their charter to be observed, have been or are put in practice, as, that persons take the oath of allegiance, that all process, and the administration of justice, be performed in our name ; that such as desire to use the Book of Common Prayer, be permitted so to do without incurring any penalty, reproach or disadvantage in his interest, it being very scandalous that any man should be debarred the exercise of his religion, according to the laws and customs of England, by those who by the indulgence granted have liberty left to be of what profession in religion they please ; in a word, that persons of good and honest conversation, who have lived long there, may enjoy all the privileges, ecclesiastical and civil, which are due to them, and which are enjoyed by others, as to choose and be chosen into places of government and the like ; and that differences in opinion do not lessen their charity to each other, since charity is a fundamental in all religion." 1


1 Colonial Hist. N. Y. Vol. III. p. 54.


133


INSTRUCTIONS.


1664.]


This would be a great victory for Mr. Maverick to achieve over the colonists who had so persecuted him on account of his religious opinions, and was well calculated to gratify his ill feeling towards the Puritan government of the province.


The commissioners were to ascertain whether any persons standing attainted in parliament of high treason, referring par- ticularly to those who sat in judgment on Charles I., were entertained and sheltered in the colony ; and, if such should be found, to have them apprehended and sent to England; and finally, they were to inform themselves of the whole frame and · condition of the government, both civil and ecclesiastical, and of its administration.1


The instructions to them, of the same date, as commissioners to Connecticut, embrace, generally, the same matters, with some additional ones, that need not be repeated.


The private instructions to the commissioners, which were "to be considered and communicated only betweene them- selves," are very significant as showing the designs of the home government. These instructions commence as follows :-


" Though the maine end and drift of yor employmt is to informe yourselves and us of the true and whole state of those severall Colonies and by insinuateing by all kind and dextrous carriage into the good opinion of ye principall persons there, that soe you may (after a full observation of the humour and interest both of those in governmt and those of the best quality out of governmt, and generally, of the people themselves) lead and dispose them to desire to renew their charters and to make such alterations as will appeare necessary for their owne benefit : - Yet, you may informe all men that a great end of your designe is the possession of Long Island and reduceing that people," etc.


They were " to use great dilligence together in the careful and exact perusall of the first and second charter ;" and it was " wished that ye severall Governours should hold their places three or five yeares, and that before the midle of the last yeare three names should be sent over and presented to us, that one of them might be chosen by us for the next Governor," etc.


1 Mass. Hist. Coll. 3d Series, 7, p. 127.


12


134


HISTORY.


[1664.


They were to be particularly careful not to excite suspicion in the minds of the colonists that any change was intended in forms of religious worship, and that they might not give "any umbrage or jealousy," they were advised to frequent the churches and to be present at their devotion, " though wee doe suppose and thinke it very fitt that you carry with you some learned and discreet Chaplaine, orthodox in his judgement and practice, who in your owne familyes will reade the Booke of Common Prayer & performe your devotion according to ye forme established in the Church of England, excepting only in wearing the surplesse, which haveing never bin seen in those countryes, may conveniently be forborne att this tyme," etc. They were to " proceed very warily," and not "to appeare solicitous to make any change in the matters of Religion."


They were directed to employ all the art they possessed to lead the colonists to desire the renewal and alteration of their charters. Two points were named as specially desirable to be gained. The first was, the consent of the colonists that the governor be nominated or approved by the king. The second, that the militia be put under an officer nominated or recom- mended by him also. To this was added, "and it may be if they consider their charter they will not find that they have, in truth, the disposal of their own militia as they imagine." And the wish was expressed, that the general assembly might be so wrought upon that Colonel Nichols might be chosen by them governor, and Colonel Cartwright, another of the commissioners, major-general.1


The commissioners also were intrusted with a letter from the king to the governor and council of Massachusetts.2


This recital of the object and duties of this commission has been made, because Maverick, whose character, as the first pro- prietor of Noddle's Island, it is one object of these pages to illustrate, was one of the commissioners, and in some of the matters alluded to, he had, years before, taken a deep interest and borne an active part. In further illustration of his charac- ter and position, extracts will be given from some letters of his which are extant.


1 Col. Hist. N. Y. Vol. III. p. 60, etc.


2 Ibid. pp. 51-64.


135


ARRIVAL OF THE COMMISSIONERS.


1664.]


The ships containing the troops and the commissioners be- came separated in a fog when near the end of the voyage, and those having on board Colonel Nichols and George Cartwright arrived at Boston on the 23d of July (1664), while the vessels conveying Sir Robert Carr and Mr. Maverick arrived at Piscataqua, now Portsmouth, N. H., on the 20th of the same month.


Maverick's zeal in the objects of his mission did not allow him any delay, and he immediately began the exercise of his newly obtained authority. On the very day of his arrival he writes to Thomas Breedon, at Boston, as follows : -


" Pascataway, July 20, 1664.


" CAPT. BREEDON,


" It hath pleased God (after a tedious voyage of near ten weeks time), that two of our ships arrived here this after noon at Pascataway where we hourly expect our other two. The Guiney commanded by Capt. Hyde we lost this day se'night, and Capt. Hill with the Elyas on Sunday last;


" It happened, that as we were ready to come in, there went out from hence a Pinck, taken as a prize by a ship of Jamaica, but by authority from the Governor of the Massachusetts, the prize was as I understood seized upon and those that first took her, secured as prisoners by Capt. Oliver, and carried for Bos- ton. I shall desire you to repair to the Governor and Council, and advise them to take care how they dispose of such things as may be out of their bounds, and not fit for them to take cognisance of, his Majesty's Commissioners being at length come into these parts (of whom you know me to be one). I cannot now tell you the time and place, I long to see you at, our stay here being only for a little water and our other ships, which if they come not in time, we must go to our appointed port in Long Island, from whence you shall be sure to hear further from


Sr. your very loving friend " SAMUEL MAVERICKE." 1


Mr. Maverick sent, at the same time, a letter to Mr. Jordan,


1 Colonial Hist. N. Y. Vol. III. p. 65.


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HISTORY.


[1664.


announcing his arrival and his desire to see him the first oppor- tunity, and also one to Major-General Denison to the same effect. The next day he wrote a letter to the Hon. William Coventry, which closes thus :-


" Sr, I have more then hopes, all things in these parts will prove very sucessfull for His Majtys & His Royall Hignesses service & interest of which, I have already received great tes- tymonyes, for their continuall prosperity and happiness, My prayers and utmost endeavours shall never bee wantinge


" I shall not presume to give you further trouble at this time but to subscribe Sr your most humble servant " SAMUEL MAVERICKE." 1


In their private instructions the commissioners were allowed to go first, either to Long Island, on account of the troops they carried, or to New England, at discretion, - and they came to Boston. If their authority was above that of the governor and council in the matter of the prizes, it must doubtless have been derived from the general grant in their commission, which has been already given, to visit all the colonies, with "full power and authority to hear and receive, and to examine and deter- mine all complaints and appeals in all cases and matters as well military as criminal and civil, and proceed in all things for the providing for and settling the peace and security of the said country, according to their good and sound discretion."


On the 23d of July, Commissioners Carr and Maverick wrote from Piscataqua to Mr. John Rickbell, of their intention to " suddenly bee in Long Island, and desiring him to make all convenient haste to his habitation on the Island, and to acquaint those on the way thither who were well affected towards the Commission and his Majestys service that they had arrived."


Soon after his arrival, Maverick was found claiming relig- ious privileges as aforetime. James and Mary Oliver, in a manuscript to which we shall again refer, testify as follows : " This we can and do well remember further, Mr. Maverick said


1 Colonial Hist. N. Y. Vol. III. p. 66.


137


ADDRESS TO THE KING.


1664.]


we should begin about 8 o'clock in the morning on the Lord's day, and end about 10, and they would come in then and end about 12. And we begin at 1 and end at 2 o'clock, and they would continue till about 4. I well remember words spoken by Mr. Maverick divers times to this purpose." This appears to be an arrangement in regard to public worship; and if Mave- rick spoke authoritatively, as the taking of an affidavit would seem to indicate, he claimed something more than was his right, however discourteous the refusal of a request of that kind might be considered.


Nicolls, Cartwright, and Maverick commissioned Sir Robert Carr to reduce the Dutch on Delaware Bay, and commanding " all officers at sea and land, and all soldgers " to obey him. The state papers show that Carr executed his commission in an acceptable manner.


The colonial government did not wait for the action of the commissioners ; on the 19th October, 1664, it sent, through John Endicott, governor, a long address to the king, setting forth their many troubles and grievances, and requesting that the commissioners might be recalled, although, according to their own confession, they had " yet had but a litle tast of the words or acting of these gentlemen."1 This address could not have been bolder had the colony been an independent state, and the general court was given to understand that the request was highly offensive to the king. The Honorable Robert Boyle, a firm friend of the colony, in a letter to Mr. Endicott, frankly discountenanced the address, and particularly the request for the recall of the commissioners, and said that the principal friends of the colony in England regretted the action of the general court.2 The truth was that the colony had determined to resist the commission.


The authority of the commissioners was absolutely denied; violent controversies took place between them and the colonial government, the result of which was, that the attempt to estab- lish their jurisdiction as a court of justice was defeated, and they were never recognized as such in Massachusetts, although


1 Mass. Records, Vol. IV. Part 2, pp. 129-133.


2 Danforth Papers ; Drake's History of Boston, p. 377.


12 *


138


HISTORY.


[1664.


they partially succeeded in the exercise of their powers in some of the neighboring colonies.1 They met with less opposition in the Plymouth and Rhode Island colonies than in Connecticut and Massachusetts. Of the latter, the commissioners in their report say : " The Colony of ye Massachusetts was the last and hardlyest persvaded to use His Maties name in their forms of Justice," and the "refractoriness of this colony" is always represented as far greater than of the others. Indeed, in one letter to the governor and council of Massachusetts, the com- missioners say : " The other Colonies have set you so many good examples, even that of Road Iland, one whom you have so long despised and disowned, and now lately derided for their submission to His Matie. The dangerousness of those wayes you are in, hath extorted thus much from us at the present for caution." 2 Lord Chancellor Clarendon, in a letter to Nicolls, says : " I know not what to say to the demeanour of the Massachusetts Colony, only that I am very glad that the other Colonies behave themselves so dutifully, for which they will receive thanks from the King; and what sense his Matie hath of the behaviour of those of Boston you will find by the inclosed . . . the original to be sent to those of Boston . . . and if they do not give obedience to it, wee shall give them cause to repent it, For his Matie will not be sett downe by the affronts which he hath received." 3 The colonial authorities were so suspicious of the commissioners, that they opposed them at every step. Col. Nichols, however, by his discreet conduct, gained the esteem of the people, but Carr and Cartwright are represented unfit for their duties.4 Maverick's presence was very disagree- able to the colonists, especially as he was clothed with author- ity ; for doubtless they anticipated a retaliation of their visita- tions upon him ; and in the letter to the king of the 19th Oct., 1664, they speak of him in particular as being an enemy to them; and manifest a fear that the commission will be char- acterized by acts of private revenge.


1 Washburn's Judicial Hist. p. 36 ; Hutchinson's Hist. Mass. Vol. I. pp. 229- 255.


2 Col. Hist. N. Y. Vol. III. p. 100.


8 Ibid. 116.


4 Hutchinson's Hist. Mass. Vol. I. p. 250.


139


CORRESPONDENCE.


1664-5.]


It was suspected that the commissioners intended to put the country to great expense, and abridge their greatest privileges, liberty of conscience, etc .; and such being the state of feeling, officers possessed of the most honest intentions relative to the colonies would meet with great difficulties, and their mission prove a failure. Cartwright, in a letter to Nicolls, dated 25th of Jan., 1664-5, alludes to this state of public feeling. " ... the country is made to believe that we have put them to £300 charge already, and that we intend to exact 12d. for every acre of land, and £3,000 a year besides, and to abridge them of their greatest priviledges, liberty of their consciences, and many such; wch Mr. Maverick heard of amongst his friends, in every place where he hath been in this jurisdiction." In this letter he urges Nicolls to go with them to Rhode Island, and after they had determined the questions there, they would go to the " Eastern parts to determine the limits of those patents."1 Mr. Maverick refers to the public sentiment in a letter written from Boston to Col. Nichols, in the February following his arrival. In this letter he says : " I perceive you have heard some false reports. Col. Cartwright hath written at large to you, in which we all concur. He hath been too retired; I hope I have not been over sociable. I spent three weeks in several of the chief- est towns of the government, and I am deceived if in that journey I did not undeceive both magistrates, ministers, and other considerable persons." 2 In this letter he coincides with the wish of Cartwright that Nicolls would go to Rhode Island ; indeed, Cartwright said, " Mr. Maverick and myselfe are both of the opinion that this will be the best way for the doing of that wch we are entrusted with," etc. Says Maverick in this letter, " We intend, God willinge, to be at Road Island about the first of March, & shall much desire yor psence," etc. " Be pleased to refer to the Coll's letters."


A subsequent letter from Maverick to Nicolls (dated 5th March, '64-5) speaks of arriving at Rhode Island and commenc- ing business, and repeats what he had said in his previous note to the same individual. " I have used my utmost endeavour in


1 Col. Hist. N. Y. Vol. III. p. 84.


2 Ibid. p. 88.


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HISTORY.


[1664-5.


the Massachusetts governt to undeceive ye deceived and to prpare them for ye election," etc. His efforts to undeceive the people did not succeed to any great extent, however, for the Massachusetts colony, in their long and plain address to the king, prayed him to "put a stop to these proceedings," and in speaking of the commissioners, represented one of them (Mr. Maverick) " as our knowne and professed enemy." The gen- eral court was not backward in its expression of dislike to him. In one place 1 the record speaks of " some words & carraiges, that were distastefull to the people, fell from some of them, & in particular from Mr. Samuell Mauericke on his first arrivall in Piscataque Riuer, menacing the constable of Portsmouth while he was in the execution of his office." The colonists thought they observed in him a great animosity, which, they supposed, arose from his deep rooted prejudice against the church discipline; and that this prejudice called forth the moroseness of his natural temper, which manifested itself in harsh expressions, and occasioned some to look upon him as a professed enemy. " For they observed he was never willing to accept of any common courtesy from any of the inhabitants, as if he had had some special antipathy against them all in gen- eral ; but the contrary is known by some that had occasion of more free converse with him, to whom he always discovered much civility in his behavior. But when he had received any disgust from any ruder sort of the people, as he occasionally passed up and down the country, it is not unlikely that he might highly resent the same, and could not refrain from an open discovery thereof upon other occasions ; which certainly, without prejudice be it spoken, did his majesty no little dis- service as to the matters then before them." 2


When the conduct of the commissioners and the state of feeling among the people became known to the home govern- ment, Clarendon, then the Lord Chancellor, in March, sent over an answer to the address of the colony, in which he gave the petitioners plainly to understand that their address would not meet with the royal favor ; and at the same time sent a letter




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