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[NEW ENGLAND]. Copy of the commission of Col. Rich

[Copied in New England: c.October, 1664]? Manuscript on paper, 3pp., bifolium sheet (324 x 208 mm). [Docketed on verso:] "Copy of his Ma.ties Commission to Coll. Rich. Nicolls, Esq. Rob. Carre, Knt. Geo. Cartwright & Sam.ll Maverick Esq. appointed commissioners for the Collonies in N.England." Condition: split at fold on on last leaf, a little worn at edges, small tear at lower right corner on last leaf, marginal toning. Provenance: Heirs of Sir George Carteret via descent. a copy from carteret's papers of the king's mission to reduce the independence of the new england government, with the boston council's stern rebuke to the crown. An important commission of the four named nominees under the Duke of York (the future James II and brother of King Charles II) to grant, "...all power and authority to heare and receive and to examine and determine all complaynts, appeals in all causes and matters, as well miletary as criminall and civill, and proceed in all things for the providing for and setleing the appeals and equity of the said countrey, according to their good and sound discressions..."Adding, "...soe we may the better now how to contribute to the farther improvement of their happynesse and prosperity; and naming, our well beloved Colonell Richard Nicolls, Sir Robert Carr, Knight, George Cartright Esquire and Samuell Mavericke,...our commissioners..." In 1664 Charles II sought to redress the confusing and lax policies of his Restoration government in regards to the New England colonies. Five distinct governments had emerged--Massachusetts Bay, New Plymouth, Rhode Island, Connecticut and New Haven--and together they administered the townships. Yet only the first, Massachusetts Bay, had any charter from the Crown (granted in 1629) and to make matters more complex, it was the colony in which dissent from royal rule was by far the strongest. Charles II complicated matters further on March 12, 1664, by granting to his brother James, Duke of York, an immense spread of American lands that included much of New Netherland. This patent gave James territories in New England, Long Island ("lying and being toward the west of Cape Cod ") and lands from the west bank of the Connecticut to the east side of Delaware Bay. Such a sweeping gift was not bound to please the local administrations in New England, nor could it be explained easily to the Dutch, for whom New Amsterdam was a trading jewel and who as a nation were currently at peace with England. So how was James to take possession of this generous gift? As Lord High Admiral of the Navy he had the means at his disposal, especially when one considers that Privy Council member and ally George Carteret served not only on the navy board, but was treasurer as well (not to mention possessed of a huge private fortune). Carteret was also due a major recompense for sheltering the royal family during the Civil War. With the King straining the finances at an unprecedented rate (Whitehall was one of the largest palaces in Europe and he kept 39 mistresses), repayment for the loyal services of Carteret and others might best be addressed through lands across the Atlantic (as James's ducal grant of New Jersey to Carteret shortly thereafter would demonstrate). Thus, a secret commission was created to put James in possession of the grant. The Duke of York and his advisors chose Colonel Richard Nicholls, Sir Robert Carr, Colonel George Cartwright, and Samuel Maverick, who as the son of an original settler in Massachusetts, had many arguments with local authorities, had often complained to Whitehall ministers regarding them. The committee of four were granted the present commission on 25th April, 1664, the king giving them power to hear and determine complaints in all "civil, criminal, and military cases "according to their good and sound discretion." While their main task was to capture the Dutch settlements along the Hudson (for which a separate commission was issued), the more public task was to visit all the colonies in New England, hear grievances, reduce local governments to previous royally issued charters and in short to reconcile the New England colonies to submit to rule by the crown. (As shown by the addendum on the present copy of the commission, this was a failed endeavor, certainly in regards to the Bay Colony). To accomplish the provisions set forth, the committee sailed with four frigates and a force of 450 men (with the plan to demand local militia to assist in the campaign against the Dutch). Interestingly, there seems to be no record of the exchequer paying for the equipping of the expedition, or the paying out the £200 each promised to the commissioners. (It must be assumed that the enterprise was financed by James himself, perhaps with help from Carteret, "the richest man in England" ). On July 23, 1664, two of the frigates sent to capture New Amsterdam arrived in Boston, with the commissioners on board. It was the first time a ship of the royal navy had been seen in that harbor. The commissioners duly showed a copy of the present commission to the local government, and, demanding a militia force to aid them, proceeded to New Amsterdam, which capitulated without blood being shed. With their primary goal a success, the commission turned its attention to the affairs of New England, traveling to Rhode Island and Maine in the process. Where Massachusetts was concerned, this was a failure, if the reassertion of royal power was the goal. [Following the copy of the commission and in the same hand:] "A declaration of the Council confirming a former grant made to the Council of Plymouth at Boston on 10 September, 1664." an important call by the boston council for the full transfer of power from the crown as previously granted to them in 1629, "to this Colloney of the Massachusetts for the making & executing of all lawe not contrary to the lawes of England, His Majesty requiring for himself his Heires & sucessors --on doeing & appointing that the said lands shall bee carefully & duelly kept offered up formed & put in execution according to the true intent & meaning of the Same & that the said Charter or Duplicate thereof shall be to all the [offers] of the Govemt." The declaration continues to decribe its extent for local authority in New England's affairs and the punishment by those who infract or conspire against it, "And whereas some persons not well considering the power and Authority heare established now the lawe thus provided are apt to trans-gresse & see by unadvised words or deeds doe endanger the ... amongst the most ignorant & disaffected sort of people lending to the disturbance of the Commonwealth of all who be present Wee doe heareby declare that as by duty & ... we are bound & shall from tyme to tyme heareafter be ready to putt said lands in [Execution] requiring every person or persons whatsoever in our Jurisdiction to take ... hereof as they will answer the Contrary to there uttmost perrill." a century before the revolution, the commonwealth asserts its independence of power.

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