XIV. Island by confirming to Plymouth all such townships on CHAPTER the Narraganset waters as had been granted and settled by that colony. They offered, also, their gratuitous serv- 1665. ices to obtain a royal charter for Plymouth, if the king might have the appointment of governor out of two or three persons to be named by the colonists. The Plymouth people, however, with many thanks, and great protestations of loyalty, chose rather "to be as they were." What chiefly occupied the attention of the commissioners at this time was the decision of a complicated controversy as to the jurisdiction and property of the lands south of Providence and Warwick, including part of the late Pequod country and the whole district inhabited by the Narragansets. The Pequod lands having been claimed both by Massachusetts and Connecticut, the Commissioners for the United Colonies had assigned the tract west of Mystic River to Connecticut, and the tract 1658. east of it to Massachusetts, a partition never entirely Sept. 16. satisfactory to Connecticut. There could be no pretense that the charter of Massachusetts covered any part of this territory, and Connecticut now claimed, under the words of her new charter, as far east as Narraganset Bay, notwithstanding the express agreement of her agent, as set forth in the charter of Rhode Island, that the Pawcatuck should be esteemed the Narraganset River referred to in the Connecticut charter. Another claim was put forward to the whole district between Narraganset Bay and the Connecticut, on behalf of the heirs of the Marquis of Hamilton, under the old grant made to him by the Council for New England just previous to the surrender of the great New England patent. The property in the lands was also disputed no less than the right of jurisdiction. Humphrey Atherton, late su XIV. CHAPTER perintendent of the Indian subjects of Massachusetts, had taken advantage of his official position to obtain from 1665. the Indians sundry large grants of land. The Commissioners for the United Colonies of New England, some five years before, had imposed on the Niantics, on the ground of their non-fulfillment of the treaty made with Major Willard, a fine of six hundred fathoms of wampum, and an armed force had compelled the chiefs to mortgage their whole territory for its payment. Ather1660. ton, with some associates, had advanced the means to the Oct. 13. Indians to pay off this mortgage, upon security, how ever, of another, under which the mortgagees had lately taken possession. But all these purchases were held void by Rhode Island, as having been made within her jurisdiction, but without her authority, and in contravention of her laws. The Narragansets, seeing themselves in danger of being stripped of their lands, had carried their complaints to the king. Pessacus required, in particular, that no strong liquors might be sold to his people. After hearing the parties, the commissioners directed that the territory in dispute, including the whole Narraganset country, should constitute, under the name of KING'S PROVINCE, a separate district. The purchases and mortgage of Atherton, then in the hands of a company of Boston land speculators, were declared void, but the Indians were to pay back what they had received. This decision, however, did not end the matter. It was held invalid because it wanted the signature of Nichols, whose participation was essential to all decisions of the commissioners. Disputes, both as to jurisdiction and land titles, presently revived, and were carried on for the next fifty years with an acrimony which created much ill will between Connecticut, Rhode Island, and the members of the Atherton Land Company. XIV. The first governor of Rhode Island under the new CHAPTER charter was Benedict Arnold, the former opponent of. Gorton. Succeeded in 1666 by William Brenton, he 1665. was re-elected in 1669, and continued in office till 1672, when Nicholas Easton was chosen. All three had been presidents under the first charter. The commissioners, on their return to Boston, unable, after a protracted correspondence, to come to any understanding with the magistrates, proposed, at length, to sit in form, for the purpose of hearing complaints against the colony, of which no less than thirty had been exhibited. The General Court, by public proclamation, May 24. at the sound of the trumpet, prohibited any such procedure, as contrary to their charter, and invasive of their exclusive jurisdiction within the limits of Massachusetts. Thus met, and without a military force, or any means to support their authority, the commissioners were obliged to forego their intentions. They presently left Boston, and proceeded to New Hampshire and Maine, where they decided in favor of the claims of Mason and Gorges. But the New Hampshire towns, satisfied with the rule of Massachusetts, and afraid of Mason's pretensions to quitrents, did not favor the plans of the commissioners. More successful in Maine, where they were supported by the old Episcopal party, they issued commissions for a June. new government, which was accordingly organized. On their return to Boston, the magistrates complained that they had disturbed the peace of Maine, and requested an interview. The commissioners refused with much asperity, accusing the magistrates of treason, and threatening them with the king's vengeance. The commissioners were accustomed to hold of Saturday nights a social party at a tavern in Ann-street, kept by one Robert Vyal, vintner. This was contrary to the Oct. CHAPTER law, which required the strict observance of Saturday XIV. night as a part of the Lord's day. A constable went 1666. to break them up, but was beaten and driven off by Sir Jan. 18. Robert Carr and his servant. Mason, another constable, bolder and more zealous, immediately proceeded to Vyal's tavern; but, meanwhile, the party had adjourned to the house of a merchant over the way. Mason went in, staff in hand, and reproached them, king's officers as they were, who ought to set a better example, for being so uncivil as to beat a constable; telling them it was well they had changed their quarters, as otherwise he should have arrested them all. "What," said Carr, "arrest the king's commissioners!" "Yes," answered Mason, "the king himself, had he been there." "Treason! treason!" shouted Maverick; "knave, thou shalt presently hang for this!" And he called on the company to take notice of the words. The next day Maverick sent a letter to the governor, accusing the constable of treason. The governor also sent a polite note to Carr, informing him of a complaint for assault and battery lodged against him by the constable he had beaten. What was done in that case does not appear; but Mason being bound over to the next court, the grand jury found a bill against him. Maverick, however, declined to prosecute, declaring his belief that the man had spoken inconsiderately, intending no harm. The magistrates thought the matter too serious to be dropped in that way. They did not choose to expose themselves to the charge of winking at treason. The matter finally came before the General Court, where Mason was acquitted of the more serious charge, but was fined for insolence and indiscretion, principally, no doubt, through apprehension lest some handle might be made of the matter by the commissioners. XIV. Having transmitted to England the results of their CHAPTER labors, the commissioners presently received letters of recall, approving their conduct, and that of all the colo- 1666. nies except Massachusetts. That province was ordered by the king to appoint "five able and meet persons to make answer for refusing the jurisdiction of his commissioners." Bellingham, governor since Endicott's death the year before, and Hathorne, late speaker of the deputies, but now a magistrate, both of whom had taken a very active part in opposition, were specially summoned, on their allegiance, to appear personally, as two of the number. This demand, transmitted through Maverick, who sent a copy of the royal letter to the magistrates, occasioned no little alarm. The General Court was called together in special session. Petitions came in from Sept. Boston, Ipswich, and other towns, urging compliance. After a forenoon spent in prayer by six ministers, a consultation with the elders, and a warm debate, the petitioners were censured for their unnecessary interference, and a short address to the king was agreed to, of which the principal object seemed to be to excuse themselves from an invasion of Canada, which the king had recommended in a former letter of notice that the French had joined the Dutch in the war against him. Some loss, as they informed his majesty, they had suffered already from privateers, but they had taken measures to protect themselves for the future. They do, indeed, mention, in a cursory manner, another paper, purporting to be an order from his majesty, but of the authenticity of which, as it lacked the customary seal and signature, they profess to have some doubts. From sending over agents, as that paper required, they excused themselves on the ground that no agents they |