desire y grant of a free Collection, weh they hope wilbee lesse scrupled at, because ye benefit intended by ye first Collections was not received there being divers Countyes in the Kingdome, and severall parishes in ye Citie, in wch noe collections for this worke have yet bene made.

Endorsed "The Case of the Corporation for New England. C: (61.)"

III.

CAPTAIN THOMAS BREEDON TO THE COUNCIL FOR FOREIGN PLANTATIONS.

MY LORDS AND GENTLEMEN

ts

Having received a Sumons to appeare before yo Honors of his Ma's Counsell for forraine plantacons this day being the xjth of March 1660 to give informacōn of the present State Condicōn & Governm' of the severall Collonies of New England. I doe here in the first place present you wth the booke of Lawes for Massachusetts Colonie Whereby your Honors may vnderstand the Governm thereof better then myself, wch governm they assert to be, by Patent from ye King: wch patent, I never saw therefore cannot tell how agreable to their Patent they act. What Lawes are not mencōned in this booke are in the Magistrates breasts to be vnderstood. The distinction of Freemen and Non-Freemen Members & Non Members is as famous as Cavalleeres and Roundheads was in England and will shortly become as odious, and (I hope) abandon'd. The grievances of the Non Members who are really for the King and also of some of the Members are very many wch I referre yee to others more able then my selfe to relate them. And since his Mate hath graunted a Generall pardon it will not become mee to say they had somuch as a stinking breath, although they apprehended a Gentleman not many yeares agoe supposing him to be the

King) Resolving to send him for England, had not St Henry Moody and others better knowne his Matie. It is not vnknowne to you that they looke on themselves as a Free State, and how they sate in Counsell in December last a weeke before they could agree of writeing to his Matie there being too many against owning the King or their haveing any dependance on England. Their Peticōn I have not seene but by informacōn vnderstand they acknowledge their Allegiance to his Matio vpon wch I Quere. First: Why doe they not proclaime his Matie. Secondly why doe they not act in his Mats name Thirdly why doe they not give the oath of Allegiance to his Matie but in stead thereof force an oath of fidelitie to themselves and their governm' as in booke of lawes page: 62: 63: & 84: As the arrivall of Whalley and Goffe who came to New England vnder the names of Richardson and Stephenson I knowing them comanded them before the Governo" and acquainted him they were two of the Kinges Judges declared Traitors and Murderers and therefore advised him to secure them who answered without a Comission from England none should meddle with them. For my service herein I was abused by many by Calling mee Malignant. And the Marshall generall of the Country before severall in Court time, vsed these expressions grining in my face Speake against Whalley and Goffe if you dare if you dare, if you dare. dare. Afterwards came to my hands the Act of Parliam' and Kings Proclamacon wch some vilified and said they were malignant Pamphletts I had pickt vp. Hereupon I wrote a letter to the Deputie Governo" (a copie whereof I humbly present yo' Honours) sent it by my man who is able to testifie it and to that purpose brought him over wh mee) the Deputie asked him whether it was my writing he answered it was, & that I ordered him to bring his answere, who bad him be gone told him he had nothing further to say to him, By the booke of Lawes yee may vnderstand that none but Freemen who will take the oath of fidelitie are capable of bearing Office in Military

law.

or Civile affaires. And though the Officers are Freemen, yet 2 thirds of the soldiers are Non-Freemen who (though at present) obey the comand of their Officers would (I am confident be glad to have Officers by the Kinges Comission and doe desire and expect a Governo to be sent from the King, others feare it and say they will dye before they will loose their liberties, and privileges, by whch it may appeare how difficult it is to reconcile Monarchie & Independency There are many also desire his Matie may be proclaimed there, and to be governed by the Lawes of England: but in the booke of Lawes, page the 9th it is enacted That whosoever shall treacherously or pfidiously endeavo' the alteracōn and subversion of their frame of politie or governm fundamentally shalbe put to death: And if any speake for the Kinges interest they are esteemed as against their frame of politie or government and as Mutiners vnder wch pressure many groaned at my comeing away being (as I may say) debarred of their Allegiance by a Wherein their Lawes are contrary to the Lawes of England I leave to yo' Hono" to judge: of how great concernem' it is that there should be a speedy course taken for settling and establishing this Country in due obedience and subjection to his Ma' may appeare by the two Hectors Whalley & Goffe dayly buzzing in their eares a change of Governm' in England & also by multitudes of discontented persons of their Gang goeing and sending their estates thither what the effects will be is to be feared: Vnles a speedy course be taken they being the Key of the Indies, without wch Jamaica, Barbados & the Carybee Islands are not able to subsist there being many thousands Tonnes of provisions as Beefe, Porke, Peas, Bisquett Butter, Fish, &c. carryed to Spaine, Portugall, and the Indies every yeare besides sufficient for the Countryes vse. I doe further assert That the French and Dutch tradeing into the English plantacōns in America is verie much to the preiudice of England and to the losse of his Matic in respect of Customs many thousand poundes, yearely Now whereas

there are many shipps and persons bound for NewEngland sodainly, vpon accompt of libertie and to secure estates, I leave it to yo" Honors wisedome whether it may not be requisite That the Merchants of England that trade thither and those of New England should not give securitie for their friends allegiaunces in New England or else Whether it may not be expedient to lay any Imbargo on all shipping bound thither vntill his Matie shall conclude of sending over for establishing and settling that Country in firme peace and due obedience.

What I have here declared I have done out of my duetie to his Matie and my love and respects I beare; to them of New England in generall haveing received many comon favours from them as to my personall affaires and as few in respect of his Mats interest. New Englande 11th Mar. 1661.

IV.

SAMUEL MAVERICK TO THE EARL OF CLARENDON

RIGHT HONORABLE AND MY VERY GOOD LORD

Hauing formerly p'sented to p'sent to you' Hon' my generall obseruations of the nature of the places, and Constitutions of y° seuerall Gouerm's in the northern pts of America, So shall I now in all humilitie lay open my pticular thoughtes, what in my weake Judgm may most Conduce, to ye regaininge of his Maties rights in those pts from Intruders, And reducinge the English to dew obedience. The concernemts of it. And the easiest way as I conceiue to effect it.

And shall therefore first humbly assert, that as his Matio hath a genera" right to those pts, by vertue, of the first discoueries, So likewise a pticular legall right, aboue, aboue and before all other Princes o' states in Europe. First by antient possesion freely giuen by the Natiues, to

the subiects of his Maties p'decessors, and by them taken, to theire vse and theire suckcesses. Secondly by keepinge the said possesion euer since by the English in seuerall pts thereof. Thirdly by ye purchasinge of seuerall tracts of land both on the Continent and adiacent Ilands by his Maties subiects, and all hath beene donne by y desire & volentary consent of ye natiues in generall. Queene Elizabeth of famous memory granted Pattents to diuerse of her subiects for Virginia and places more southerly towards Florida. King James of like famous memory also granted letters Pattentes, to some noblemen, gen', and marchants, for all the lands lyinge betweene the degrees of thirtie fiue and fortie of north latitude, about the yeare 1609. And afterward also granted to some gen', and marchants, intituled the Plymouth Company, all the lands and Ilands betweene fortie and fortie-eight degrees, naminge it New England. So that I humblie conceiue, there can be no Intervale betweene either, for any prince or state to settell any of theire subiects there, nor can it be donne without Intrenchinge on his Maiesties Rights And yett the Dutch, haue since these Patents were granted, And many English settled on both sides, intruded into the most considerable pt of both, for trade and Comerce wth ye natiues gettinge yearely from them aboue one hundered Thousand Beauar skines, besides much other good Pelterey. The land also is exceedinge good, There are also two gallant riuers runninge farr vp into the land And it lyeth most Commodious for comerce from and wth all pts of the West Indies, and may in tyme on that Account, proue very aduantagious to ye Crowne of England if Regained, and as p'iudiciall if not.

As for those English in New-England wch haue gotten the power in theire hands, your Lordship hath beene informed how they stand affected to his Maiesties Gouerm, they are a greate and Considerable people, and yo sooner reduced the better, They p'tend seuerall Pattents to beare them out in what they doe, as Plymouth a grant from his Maties royal grandfather, Mes