Page:The Green Bag (1889–1914), Volume 08.pdf/489

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The Green Bag.

During the next year a French and In dian war began, waged chiefly against New York. The king required Massachusetts to take the lead among the colonies for de fense; and Nichols, the former chief com missioner, now governor of New York, showed the greatest anxiety for the speedy movement of her troops. This being the situation, the opponents of Massachusetts in Maine gained no attention. The courts established by the king's commissioners were four, consisting of the General Assembly, Courts of Common Pleas, of Quarter Sessions, and single jus tice courts for the trial of causes under for ty shillings by a jury of seven men. The first had sessions annually in May or June at Saco; the second, three times, and the third, four times a year in each division — at York and at Falmouth. Offenses were presented by grand juries, and facts deter mined by "juries of trials." The courts held at York were guided by the laws pre viously received from Massachusetts. The last General Assembly under the commis sioners' government was held at Saco in May, 1668, — after which the people gener ally sought to be wholly restored to the jurisdiction of Massachusetts. Yet when Governor Bellingham commissioned Mr. Edward Tyng and captains Richard Waldron and Richard Pike to proceed to York shire and re-establish the former courts, and to set affairs in order, Governor Nichols (June 12, 1668) wrote from New York to the Massachusetts executive and assistants inveighing against their action; but he was recalled to England within a few weeks. The Bay Colony's commissioners were not delayed by the disapproval of their mis sion by Governor Nichols; and (except the last), accompanied by a mounted military escort, they arrived at York on the 6th of July, 1668. As in previous years, there were private conferences with the opposi tion officials, but this time to no effect. The latter were probably unaware of the

departure of their supporter, and of the weakness of their cause in England. On the morning of the 7th the Bay com missioners repaired to the meeting-house (which had served also as court-house) and opened a court by reading publicly their commissions and explaining the purpose of their presence. Their marshal was then ordered to make proclamation for the re turn of votes forwarded for associates and jurymen. Those of five towns were pre sented; and it was stated that another town had been interrupted while voting, and the meeting of still another wholly prevented by the king's justices. While this canvass was in progress the justices approached the house and took position upon the steps at the door. One of them, who held a written paper, shouted into the court-room, " Let all here listen and attend to his Majesty's commands!" The marshal, by order of the court, re plied : "Whoever has a command from his Majesty, let him come forward and show it, and he shall be heard." The justices then entered the house and exhibited the documents (which had been previously seen by the commissioners), and requested that they might be read in hear ing of the assembly. The commissioners replied that the reading would be permitted if they would wait until afternoon; and the king's justices retired. The court finished its examination of the votes, formed lists of the associates and constables, placed the jurors upon their panels, then adjourned to an afternoon hour. It soon transpired that the deputies under the system of the king's commissioners had been summoned from the towns to assemble for this occasion; and while the Bay com missioners were absent the king's justices took possession of the house and seated their deputies. They then sent a message to the commissioners requesting an interview; to which they added the condescending state ment, " It will be granted at this place."