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CHAPTER XXVI.

What followed the breaking up of the Parliament in such discontent.

THE King, not pleased with divers the passages of some particular persons, who in their speeches seemed to trench farther on his royal prerogative than stood with his safety and honor to give way unto, suddenly brake off the Parliament. Whereby divers were so fearful what would follow so unaccustomed an action, some of the principal of those liberal speakers being committed to the Tower, others to other prisons-which took all hope of reformation of Church government from many not affecting Episcopal jurisdiction nor the usual practice of the common prayers of the Church, whereof there were several sorts, though not agreeing among themselves, yet all of like dislike of those particulars. Some of the discreeter sort, to avoid what they found themselves subject unto, made use of their friends to procure from the Council for the Affairs of New-England to settle a colony within their limits; to which it pleased the thrice-honored Lord of Warwick to write to me, then at Plymouth, to condescend that a Patent might be granted to such as then sued for it. Whereupon I gave my approbation so far forth. as it might not be prejudicial to my son Robert Gorges's interests, whereof he had a Patent under the seal of the Council. Hereupon there was a grant passed as was thought reasonable; but the same was after enlarged by his Majesty, and confirmed under the great seal of England, by the authority whereof the undertakers proceeded so effectually, that in a very short time numbers of people of all sorts flocked thither in heaps, that at last it was specially ordered by the King's command, that none should be suffered to go without license first had and obtained, and they to take the oaths of supremacy and allegiance. So that what I long before prophesied, when I could hardly get any for money to reside there, was now brought to pass in a high measure. The reason of that restraint was grounded upon the several complaints, that came out of those parts, of the divers sects and schisms that were amongst them, all contemning the public government of the ecclesiastical state. And it was doubted that they would, in short time, wholly shake off the royal jurisdiction of the Sovereign Magistrate.

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THE SECOND BOOK.

CHAPTER I.

Showing the Reasons of my desire and others my Associates to resign the Grand Patent to his Majesty, and the dividing of the Seacoasts between the Lords who had continued constant favorers and followers thereof.

AFTER I had passed all those failings in my first attempts you have heard of, and had undergone those home storms afore spoken of by those of Virginia, I would willingly have sat down in despair of what I aimed at, but was stirred up and encouraged by the most eminent of our Company, not to give over the business his Majesty did so much approve of, whose gracious favor I should not want, and whereof I had already sufficient proof. Hereupon I began again to erect my thoughts how aught might be effected to advance the weak foundation already laid, when, as it so pleased God to have it, in the year 1621, after the Parliament that then sat brake off in discontent, I was solicited to consent to the passing of a Patent to certain undertakers who intended to transport themselves into those parts, with their whole. families, as I showed before. The liberty they obtained thereby, and the report of their well doing, drew after them multitudes of discontented persons of several sects and conditions, insomuch that they began at last to be a pester to themselves, threatening a civil war before they had established a civil form of government between themselves. And doubtless had not the patience and wisdom of Mr. Winthrop, Mr. Humphreys, Mr. Dudley, and others their assistants, been the greater, much mischief would suddenly have overwhelmed them, more than did befall them. Notwithstand

ing, amongst those great swarms there went many that wanted not love and affection to the honor of the King, and happiness of their native country. However, they were mixed with those that had the state of the established Church government in such scorn and contempt, as finding themselves in a country of liberty, where tongues might speak without control, many, fuller of malice than reason, spared not to speak the worst that evil affections could invent, insomuch that the distance of the place could not impeach the transportation thereof to the ears of those it most concerned, and who were bound in honor and justice to vindicate the State he was so eminent a servant unto.

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Hereupon the King and his Council began to take into their serious considerations the consequences that might follow so unbridled spirits, and the Lords interested in the government of those affairs finding the King's dislike thereof, considered how to give his Majesty and his Council of State some satisfaction for the time to come, anno 1622. upon it was ordered, that none should be suffered to, pass into New-England, but such as did take the oaths of supremacy and allegiance. This held some time, but was omitted till the year 1631; till which time, as the daily reports brought over word of their continued misdemeanors, for that at last I myself was called upon (with others) as being the supporter and author of all that was distasteful. I confessed indeed that I had earnestly sought by all means the planting of those parts by those of our own nation, and that for divers weighty considerations, approved of by the King and his Council; but could not expect that so many evils should have happened thereby. This answer served for the present, but could not wipe away the jealousy that was had of me, though I labored continually to put off the scandalous opinion of such as daily did endeavor to do me evil offices, which I found with the latest; but was thereupon moved to desire the rest of the Lords that were the principal actors in the business, that we might resign our grand patent to the King, and pass particular patents to ourselves of such parts of the country along the seacoast as might be sufficient for our own uses, and such of our private friends as had affections. to works of that nature. To this motion there was a general assent by the Lords, and a day appointed too, for the conclusion thereof [April 25, 1635].

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CHAPTER II.

The meeting of the Lords for the dividing of the Coast.

THE time being come their Lordships had appointed, an Act was made for the resignation of the Patent,* with the confirmation of our particulars, where the bounds were thus laid out beginning from the westernmost parts of our bounds eastwards, where the Lord of Mougrave began his limits, and ended the same at the river called Hudson's river; to the eastward of the river was placed the Duke of Lenox, since Duke of Richmond, to the end of sixty miles eastward; next to him was placed the Earl of Carlisle; next to him the Lord Edward Gorges; next to him was settled the Marquis Hamilton; next to him Captain John Mason; and lastly myself, whose bounds extended from the midst of Merimeck to the great river of Sagadehocke, being sixty miles, and so up into the main land one hundred and twenty miles.t

CHAPTER III.

The Orders that are settled for the government of my said Province.

BEING now seized of what I had travailed for above forty years, together with the expenses of many thousand pounds, and the best time of my age laden with troubles and vexations from all parts, as you have heard, I will now give you an account in what order I have settled my affairs in that my Province of Maine, with the true form and manner of the government, according to the authority granted me by his Majesty's royal charter. First, I divided the whole into eight bailiwicks or counties, and those again into sixteen several hundreds, consequently into parishes and tithings, as people did increase and the provinces were inhabited.

[* A copy of this Act of Surrender of the Great Charter of New-England may be seen in the first volume of Hazard's Historical Collections, page 393. Pub. Com.] [f Sir Ferdinando Gorges's Patent of his Province of Maine is published in full in the first volume of Hazard's Historical Collections, page 442. It is dated April 3d, Publishing Committee.]

1639.

CHAPTER IV.

The manner and form of the Government I have established for the ordering of the public affairs within my Province of Maine.

FIRST, in my absence I assigned one for my Lieutenant or deputy, to whom I adjoined a Chancellor for the determination of all differences arising between party and party, for meum and tuum; only next to him I ordained a Treasurer for receipt of the public revenue; to them I added a Marshal for the managing of the militia, who hath for his lieutenant a Judge-Marshal and other officers to the Marshal Court, where is to be determined all criminal and capital matters, with other misdemeanors or contentions for matter of honor and the like. To these I appointed an Admiral, with his lieutenant or judge, for the ordering and determining of maritime causes, whose court is only capable of what passeth between party and party, concerning trades and contracts for maritime causes, either within the province or on the seas, or in foreign parts, so far as concerns the inhabitants, their factors or servants, as is usual here in England. Next I ordered a Master of the Ordnance, whose office is to take charge of all the public stores belonging to the militia both for sea and land; to this I join a Secretary, for the public service of myself and Council. These are the Standing Counsellors. To whom is added eight deputies, to be elected by the freeholders of the several counties, as counsellors. for the state of the country, who are authorized by virtue of their places to sit in any of the aforesaid courts, and to be assistants to the Presidents thereof, and to give their opinions according to justice, &c. That there is no matter of moment can be determined of, neither by myself, nor by my Lieutenant in my absence, but by the advice and assent of the whole body of the Council or the greater part of them, sufficiently called and summoned to the Assembly.

That no judge or other minister of state to be allowed of, but by the advice and assent of the said Council, or the greater part of them, as before.

That no alienation or sale of land be made to any, but by

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