thereof, whose engagements shall be discharged by the treasurer, out of the next country rate; and Mr. William Browne is joined to the above named committee; and the major part of this committee is enabled to act, as is above expressed. By order of the Court.

25, 3, 1665.

EWD: RAWSON, Sec'ry.

BEFORE I take the oath of allegiance to his majesty, which I am ready to do, I do declare, that I will be so understood, as not to infringe the liberty and privileges, granted in his majesty's royal charter to this colony of the Massachusetts. THOMAS DANFORTH.

26, 3, 1665. When the oath was given me, I thus openly declared, and a copy hereof is left on file under my hand. See page *32, where the commissioners propound that a committee might be nominated by the Court to confer with them.

In answer whereto, the Court nominated Mr. Simon Bradstreet, Thomas Danforth and Major General Leverett, Captain Clark, Captain Johnson, Captain Hubbard, Mr. Jackson and Captain Waldron, to attend them, who attending them 21st of May, 1665.

Where met, they insisted on our answer to such complaints, as were exhibited to them against us; we alleged our charter for exemption from appeals in all cases proper to our cognizance, and pleaded that thereby we had a sufficient warrant and discharge. Also, we pleaded the unreasonableness, and unsufferableness of such a burden, if imposed on us, to make the whole colony to be liable to respond for the maladministration, if any happened so to be, by any particular magistrate or court; as also, to cause the whole colony to respond every delinquent, that had been here sentenced, for thirty years past, when those, that had cognizance thereof, were removed by death; whereto they replied, that we had liberty to make laws, and execute them, but that did not warrant, nor there was any law repugnant to the law of England, or any injustice done by us.

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Our answer thereto was, that if we could be charged with bribes or malice in dispensing justice, we would not justify the same, but if otherwise, we were excused. But they still insisted on our answering to them as a court of appeals. On the question put to them, 1. By what laws they would proceed in judicature, they answered, by the laws of England.

2. In what way (i. e.) whether they would have a jury to pass on such cases as they heard, they answered, no. Also, on the question whether they would take in more witnesses than appeared in court on the first hearing, they answered, yea.

This conference was before we gave our answer to instructions No. 7, 8.

THOMAS DANFORTH.

A BRIEF narrative of the late negociation between his majesty's colony of the Massachusetts, and the Honourable Colonel Ri: Nicholls, Sir Robert Carr, kt. George Cartwright and Samuel Maverick, esquires.

The General Court of the Massachusetts being assembled at Boston, the 28th of May, 1664, information was given them, that they might suddenly expect the arrival of some of his majesty's ships, with commissioners to visit his majesty's colonies in these parts of America. Upon which intelligence the Court appointed two gentlemen, whose habitations are in Boston, (the chief maritime town of the colony) on the arrival of the said commissioners, to wait on them and present them with the Court's service and respects, together with such civilities as the [country] is capable of.

July 23, 1664. Col. Ri: Nicholls and George Cartwright, esquire, about five or six of the clock at night, arrived at Boston, and in their reception, manifested their desires, that the council might, without delay, be assembled, which by order from the governour was accordingly done, July 26, 1664. The council assembled together and courteously entertained his majesty's honourable commissioners, who presented the governour and

RI

council with his majesty's letter to them directed, dated April 23, 1664, and their commission under the broad seal of England; with that part of his majesty's instructions referring to the reducing of the Dutch at the Manhattoes, true copies whereof are here inserted, in the order as they were presented and read before the council, 23 April, 1664.

1. His majesty's letter, Charles R.-Trusty and well beloved, &c.

2. His majesty's commission, Charles the second, &c. 3. The instructions, second part of the king's instructions to us, &c. dated July 27, 1664.

The council, after some deliberation, gave their answer to the above proposal in writing, a copy whereof here followeth.

BOSTON, July 27, 1664. In answer to a proposition, made by the Honourable Colonel Ri: Nicholls, &c. On delivery whereof the commissioners manifested themselves not well satisfied with the council's act, and informed the governour and council, that there was yet many more things, which they had in charge from his majesty to signify to them, which work they would attend at their return from the Manhattoes; and commended to the Court, that in the mean time they would further consider of his majesty's letter to this colony, June 28, 1662, and give a more satisfactory answer to his majesty concerning the same than formerly.

A copy of which letter here followeth Trusty and well beloved, &c.

AUGUST 3, 1664. The General Court assembled, where his majesty's letters, commission and instructions, with the proposal thereupon, as before recited, were again openly read, and the Court was informed of that, which the commissioners signified to the council, relating to his majesty's letter, June 28, 1662, all which were at large debated by the whole Court; the result whereof was, That this Court doth expressly declare, that it is their resolution to bear faith, &c.

The question being put, &c,-and 2ndly, they resolved to assist his majesty in the present expedition to the Manhattans by raising 200 volunteers, &c. and proceeded to nominate and commissionate captains, lieutenants, and other officers, ordering the treasurer to disburse money out of the publick treasury of the colony for the encouragement of the said volunteers, and for their supply of victuals and ammunition; all which, being thus agreed upon, the Court despatched away two gentlemen, as their messengers to the commissioners, by that time supposed to be arrived near to, or before the Manhattoes, (in distance from Boston, near, if not altogether 200 miles) to inform them of the Court's proceedings as to their supply, and although there was no order given by the commissioners for the soldiers, thus listed, to march from Boston, (the Dutch voluntarily surrendering up that place on articles agreed upon between them) yet on this expedition there was expended out of the publick treasury of this colony, for the encouragement of the soldiers listed, their maintenance until discharged, and for their provisions and ammunition, &c. together with payments made to such as were sent with their ships to pilot them into that harbour.

And in reference to his majesty's letter, June 28, 1662, the Court, then assembled, passed an order, a copy whereof here followeth. In answer to that part of his majesty's letter, &c. leaving the other part of the said letter to be further considered at the return of the commissioners from the Manhattoes.

And the commissioners, departing from Boston, immediately before the sitting of the General Court, although they left a copy of his majesty's commission with the council, yet they were not pleased to present either the council or the Court, then met, with a sight of his majes ty's further instructions, directing and limiting them in the exercise of their commission in this colony, which, with some words and carriages, distasteful to the people, falling from some of them, and in particular, Mr. Samuel Maverick, on his first arrival in Piscataqua river, menacing the constable of Portsmouth, whiles he was in the exer

cise of his office, on which the people thought it necessary to [apply to] Sir Robert Carr, for a full understanding of such motions, who judged it meet to declare, that they ought to continue in their obedience to the present government, till they had further orders. These things occasioned in the hearts and minds of the people a deep sense of the sad events threatening this colony, in case the commissioners should improve their power in such a manner as they feared they would; on whose general solicitude for the preserving of their enjoyments, according to their present constitution, granted to this colony by his majesty's royal charter under the great seal of England, the General Court, consisting of governour, deputy governour, magistrates, and deputies of the several towns, resolved immediately to make their addresses to his majesty, a copy whereof here followeth.

To the king's most excellent majesty, &c.

THE Dutch being reduced, as above is expressed, Sir Robert Carr, George Cartwright, and Samuel Maverick, esquires, returned again to Boston, and, on the 15th of February, 1664, had a meeting with the governour and several of the magistrates, at the governour's house, where they acquainted the governour and magistrates, that they were resolved on the morrow to repair to Plymouth, to deliver his majesty's letter, and to communicate his majesty's grace and favour to them; and further signified their desire, that order might be taken for all the assembling of all concerned in our charter, at the day of our election, that so they might understand his majesty's grace and favour towards them; and that at their return, some might be appointed to go along with them, to shew them the bounds of our patent; to the latter of which proposals the magistrates manifested a ready compliance; but for the former (i. e.) the assembling of the people at the day of election, to this it was answered, that all were at their liberty to come, if they would; there was no prohibition, nor could they see into