XII. CHAP of Breda, claimed and occupied the district from St. Croix to the Penobscot; the duke of York held the tract between the Penobscot and the Kennebeck, claiming, indeed, to own the whole tract between the Kennebeck and the St. Croix; while Massachusetts was proprietary only of the district between the Kennebeck and the Piscataqua. A novel form of political institution ensued. Massachusetts, in her corporate capacity, was become the lord proprietary of Maine; the little republic on the banks of the Charles was the feudal sovereign of this eastern lordship. Maine had thus far been represented in the Massachusetts house of representatives; henceforward she was to be governed as a province, according to the charter to Gorges. In obedience to an ordinance of the general court, the governor and 680 assistants of Massachusetts proceeded to organize the government of Maine. The president and council were appointed by the magistrates of Massachusetts; at the same time, a popular legislative branch was established, composed of deputies from the several towns in the district. Danforth, the president, was a man of worth and republican principles; yet the pride of the province was offended by its subordination; the old religious differences had not lost their influence; and royalists and churchmen prayed for the interposition of the king.1 Massachusetts was compelled to employ force to assert its sovereignty, which, nevertheless, was exercised with moderation and justice. 1 Sullivan's Maine, 384. Williamson, i. 557, &c. Hutch. Coll. Mass. Records, iv. 2 Chalmers, 488: "No assembly, of which the representatives of the people composed a constituent part, was allowed because none had 2 been mentioned in the origina: grant." An assembly was regularly held. Williamson's Maine, i. 566, &c. The reason assigned is as unfounded as the statement in Chalmers. In the grant of 1639, the assent of the majority of the free NEW HAMPSHIRE A ROYAL PROVINCE. 115 XII. The change of government in New Hampshire was CHAP less quietly effected. On the first apprehension that the claim of Mason would be revived, the infant 1675. people, assembling in town-meetings, expressed their content with the government of Massachusetts. 1 But the popular wish availed little in the decision of a question of law; the patent of Mason was duly inves tigated in England; it was found that he had no righ to jurisdiction over New Hampshire; the unappro- 1677. priated lands were allowed to belong to him; but the rights of the settlers to the soil which they actually occupied, were reserved for litigation in colonial courts.1 To further that end, a new jurisdiction was estab- 1679 July lished; New Hampshire was separated from Massachusetts, and organized as a royal province. It was the first royal government ever established in New England. The king, reserving a negative voice to himself and his officers, engaged to continue the privilege of an assembly, unless he or his heirs should deem that privilege" an inconvenience." The persons first named by the king to the offices of president and council, were residents of the colony, and friends to the colonists; but, perceiving that their appointment had no other object than to render the transition to a new form of government less intolerable, they accepted office reluctantly. 24 Mar At length a general assembly was convened at 1680 Portsmouth. Its letter 2 to Massachusetts is a testimony 16. of its gratitude. "We acknowledge your care for us," —it was thus that the feeble colony addressed its more holders is required for all acts of legislation. Hazard, i. 445. It is true, the proprietary supremacy of Massachusetts was, unpalatable to many. Willis's Portland, i. 158. Maine Hist. Collections, i. 302. XII CHAP. powerful neighbor,-" we thankfully acknowledge your kindness, while we dwelt under your shadow, owning 1680 ourselves deeply obliged that, on our earnest request, you took us under your government, and ruled us well. If there be opportunity for us to be any wise serviceable to you, we shall show how ready we are to embrace it. Wishing the presence of God to be with you, we crave the benefit of your prayers on us, who are separated from our brethren.” The claims of affection having been acknowledged, the colony proceeded to assert its rights by a solemn decree, the first in their new code; "No act, imposition, law, or ordinance, shall be valid, unless made by the assembly and approved by the people." Thus did New Hampshire seize the earliest moment of its separate existence, to express the great principle of self-government, and take her place by the side of Massachusetts and Virginia. When the code of the infant government was transmitted to England, it was disapproved both for style and matter; and its provisions were rejected as incongruous and absurd. Nor was Mason successful in establishing his claims to the soil. The colonial government protected the colonists, and restrained his exactions. Hastening to England to solicit a change, the proprietary was allowed to make such arrangement as promised auspicious results to his own interests. The scenes that occurred are instructive. Mason, a party in suits to be commenced, was authorized to select the person to be appointed governor. He found a fit agent in Edward Cranfield, a man who had no object in banishing himself to the wilds of America, but to wrest a fortune from the sawyers and lumber-dealers of New Hampshire. He avowed his purpose openly; NEW HAMPSHIRE A ROYAL PROVINCE. 117 XII. Jan. and the moral tone of that day esteemed it no dishonor. CHAP. But he insisted on good security. By a deed enrolled in chancery, Mason surrendered to the king one fifth 1682 part of all quit-rents, for the support of the govern- 25. or, and gave to Cranfield a mortgage of the whole province for twenty-one years, as collateral security for the payment of his salary. Thus invested with an ample royal commission,' with the promise of a fixed salary, a fifth of all quit-rents, a mortgage of the province, and the exclusive right to the anticipated abundant harvest of fines and forfeitures, Cranfield deemed his fortune secure, and, relinquishing a profitable employment in England, embarked for the banks of the Piscataqua. 14. But the first assembly which he convened dispelled Nov. all his golden visions of an easy acquisition of fortune. To humor the governor, the "rugged " legislators voted him a gratuity of two hundred and fifty pounds, which the needy adventurer greedily accepted; but they would not yield their liberties; and the governor in anger Jar. dissolved the assembly. The dissolution of an assembly was a novel procedure in New England. Such a thing had till now been unheard of. Popular discontent became extreme; and a crowd of rash men raised the cry for "liberty and reformation." The leader, Edward Gove, an unlettered enthusiast, was confined in irons, and condemned to the death that barbarous laws denounced against treason, and, having been transported to England, was for three years kept a prisoner in the tower of London. The lawsuits about land were multiplied. Packed juries and partial judges settled questions rapidly; but 1 Mass. Hist. Coll. v. 232. 1683 20 CHAP. Mason derived no benefit from a decision in his favor, XII. for he could neither get possession of the estates, nor 1683. find a purchaser. 1684 Jan. 14. Meantime, Cranfield, with a subservient council, began to exercise powers of legislation; and, like a greedy tenant whose lease is expiring, he still hoped to amass a fortune by taxes and arbitrary fees of office Did the towns privately send an agent to England, Cranfield would tolerate no complaints; and Vaughan, who had been active in obtaining depositions, was required to find securities for good behavior. He refused, declaring that he had broken no law; and the governor immediately imprisoned him. Cranfield still sighed for money; and now stooping to falsehood, and hastily calling an assembly, on a vague rumor of an invasion, he demanded a sudden supply of the means of defence. The representatives of New Hampshire would not be hastened; they took time to consider; and, after debate, they negatived the bill which the governor had prepared. Cranfield next resolved to intimidate the clergy, and forbade the usual exercise of church discipline. In Portsmouth, Moody, the minister, replied to his threats by a sermon, and the church was inflexible. Cranfield next invoked the aid of the ecclesiastical laws of England, which he asserted were in force in the colony. The people were ordered to keep Christmas as a festival, and to fast on the thirtieth of January. But the capital stroke of policy was an order, that all persons should be admitted to the Lord's supper as freely as in the Episcopal or Lutheran church, and that the forms of the English liturgy should in certain cases be adopted. The order was disregarded |