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

their counsel and assent, be it by way of gift for reward, or service, or otherwise whatsoever.

That no man to whom there hath been any grant passed of any freehold, shall alienate the same without the assent and license of the said Council, first had and obtained.

That in case any law be to be enacted, or repealed, money to be levied, or forces raised for public defence, the summons thereof to the several bailiwicks, or counties, is to be issued out in my name, but with the consent of the said Council; by virtue whereof, power is to be given to the freeholders of the said counties respectively, to elect and choose two of the most worthy within the said county as deputies for the whole, to join with the Council for performance of the service for which they were called to that assembly, all appeals made for any wrong or injustice committed by any the several officers of any the standing courts of justice, or authority of any other person or persons.

For the better ease of the inhabitants of the several bailiwicks or counties, there is assigned one lieutenant, and eight justices, to administer justice for maintenance of the public peace, according to the laws provided; these officers and justices to be chosen and allowed of by myself, or any lieutenant in my absence, with the assent of the said Council, belonging unto me.

As for the constables of the hundreds, constables of the parishes, with the several tithing-men of every parish, to be chosen by the lieutenant and justices of the several counties, to whom such oaths are to be administered, as by the Council, and myself or Lieutenant, shall be thought fit.

That every hundred shall have two head constables assigned them, and every parish one constable and four tithingmen, who shall give account to the constable of the parish of the demeanor of the householders within his tithing, and of their several families. The constable of the parish shall render the same account, fairly written, to the constables of the hundred, or some of them, who shall present the same to the lieutenant and justices at their next sitting, or before if cause require, and if it be matter within the power of the lieutenant and justices to determine of, then to proceed therein according to their said authority; otherwise to commend it to myself or my Lieutenant and Council.

These few particulars I have thought fit to commend (as

briefly as I can) unto all whom it may please to take notice thereof, heartily desiring they will not be sparing modestly to censure what they conceive proper to be amended, in that I chose rather to serve such whose wisdom, moderation and judgments exceed my own, than passionately or willingly to persist in my private fancy, or to be aggrieved at or envy their better judgments.

CHAPTER V.

My Answer to some Objections.

BUT hearing that it is objected by many, if there be such hopes of honor, profit and content in those parts, how comes it to pass that yourself have not tasted thereof in all this time, having employed so many of your own servants, as by this discourse it seems you have done, and yet nothing returned. As this objection is just, so I hope a reasonable answer will satisfy any reasonable man; whom I desire in the first place to consider, that I began when there was no hopes for the present but of loss, in that I was yet to find a place, and being found, itself was in a manner dreadful to the beholders, for it seemed but as a desert wilderness, replete only with a kind of savage people and overgrown trees. So as I found it no mean matter to procure any to go thither, much less to reside there; and those I sent knew not how to subsist, but on the provisions I furnished them withal.

Secondly, I dealt not as merchants or tradesmen are wont, seeking only to make mine own profit, my ends being to make perfect the thorough discovery of the country, (wherein I waded so far with the help of those that joined with me) as I opened the way for others to make their gain, which hath been the means to encourage their followers to prosecute it to their advantage. Lastly, I desire all that have estates here in England to remember, if they never come near their people to take accounts of their endeavors, what they gain by those courses.

Besides, when there is no settled government or ordinary course of justice, which way is left to punish offenders or misspenders of their masters' goods? Do not servants, nay

sons, the like in these parts; and are there not many that misspend the estates their fathers left them? Yet I have not sped so ill (I thank my God for it), but I have a house and home there, and some necessary means of profit by my saw-mills and corn-mills, besides some annual receipts sufficient to lay a foundation for greater matters, now the government is established.

Let not therefore my evil fortunes or hindrances be a discouragement to any, seeing there are so many precedents of the happy success of those that are their own stewards, and disposers of their own affairs in those parts; nay, such as I have sent over at my own charge at first, are now able to live and maintain themselves with plenty and reputation. So, as to doubt of well doing for that another hath not prospered, or to be abused by those he trusted, is to despair without a cause, and to lose himself without trial. Thus much I presume will clear the objection made by my example, and give comfort and courage to the industrious to follow the precedents of those more able to act their own parts than I have been, for causes spoken of.

CHAPTER VI.

The Benefits that Foreign Nations have made by Plantation.

Now 'I will only remember some of the benefits that may arise by Plantations; and will begin with those princes, our neighbors, who have laid the way before us. But to speak of all the goods that may ensue, Plantations is a subject too large for my intention at this time, who do strive for brevity. By some of those plantations made by our neighbors, we see what greatness it hath brought them to, that have undertaken the same, as namely, the King of Spain and Portugal, the one settling himself in the parts of America called the West Indies.; the other situate in Brazil, the southern part of the same continent, and that part peopled in the infancy of that plantation, as well with base and banished persons, as other noble and generous spirits; yet the success thereof hath answered their expectation. Besides, we have seen what great riches were drawn by the Portugals, by means of their several plantations in the East Indies, out of thosé

vast and mighty princes' territories, that filled the whole world with spices and other aromatic drugs, and excellent rare curiosities, not vulgarly known to foreign and former ages in these northerly parts of the world.

Those rarities and rich commodities invited some of our nation to dive into farther search how we might partake thereof, without the favor of foreign princes; and having, after the way was once opened by private adventurers, and some relish had of the profits that might arise by those employments, the adventurers, merchants, and others, noble spirits, combined together to make it a more public business, worthy the honor of this nation and reputation of the undertakers, who having amassed a stock of many hundred thousand, entered so far into it, that the trade so began and continues to this present day, though not agreeable to the common hopes conceived thereof. But had the ground been laid as was advised, it had grown to a far greater certainty than now it is like to have.

But the Hollanders, better experienced in martial affairs, were taught to know there is a difference between having gotten a trade and keeping it; that there is no safety in depending upon the will of another, when it is possible to secure themselves of what they had in possession. This made them fortify where they found it convenient, and so to settle the form of their government and course of trade upon such a foundation as should promise continual growth, without diminution upon change of humor of those they traded with, if left to their merciless discretion.

That by the same course they are like in short time to oust our nation of that little trade left us, who I could wish would yet in season seek how to settle a better foundation in such other places as (if I be not deceived) it is possible they may, thereby not only make good their present profits, but advance it to a far greater, and make their attempts more honorable and more safe than now they are.

But seeing I am not able to persuade men of better judgment how to manage their practical affairs, it shall content me to set out my opinion of the excellent use that may be made of those Plantations we have now on foot, especially that of New-England.