Answer.

Sect. 1. Those Delegates were Chosen by the People to Erect the whole frame of Government, and they accordingly did (as formerly, so) in the Beginning of this last year appoint the whole General Assembly; and limited the time of their Rule precisely to an Anniversary day, on which the Election of the whole Authority was to be by the People repeated: and this Power was not onely to submit to the Supream Authority, but to Go­vern Conformly to the Lawes of England. Nor was that Necessity which during the Distractions of our Nation Enforced them to this course, viz. [No Commands from the Soveraign for a Government] at all taken away by His Majesties happy Restauration; the Proclamation they speak of be­ing a meer Chimaera of Byam's own Brain, invented to serve his Ambition [Page 2]of a Perpetual Dominion, so often and by so many Arts formerly En­deavoured.

Take away then so much of the Preamble of This Order as concern's that Proclamation, and we find onely those stale Inducements (often here­tofore used, and as often hist't out) viz. [a sudden change, and therefore unnecessary trouble to continue the former Rule for Elections.] But this Consideration neither concerns, nor is of weight to Authorize, a Substi­tuted Power to alter those Constitutions which by their Superiour Power were Established: for a less Potency then that which creates cannot anni­hilate. Nor can it Logically be said that the Delegates by investing this General Assembly with a Legislative and Magistratical Power for a year did by those words passe such Power to them for ever; so that though we should grant that within their year they could make such an Order, it would not follow that after their year expired they could put it in Execution by exa­cting Obedience to it.

Answer.

Sect. 2 By Democracy here, we must understand the Constitutions of the Peoples Delegates; and by the Governments concessions to Monarchy, the altering that constitution upon the suspition of a Royal Proclamation to that purpose issued forth: for if they mean the General Submission of the Colony to the King as our supream Lord, why should not this Democracy have fallen as well in Olivers and Richards time (as it was attempted with the like Pretexts) whose power Byam recognized with equal zeal as he did His Majesties? No argument can evince but that, That forme of Government appointed by the Delegates might very well still have Consisted with our subjection to the Soveraign Power of England.

Answer.

Sect. 3. Though generalls prove nothing, and as little credit be to be given to his criminations who is himself guilty of unjust prosecutions, yet I shall not decline to Evince that Joues could not (at the time mentioned) slight, contemne, or abuse Authority. For admit we had not a greater truth for the Assertion, yet according to that Rule of my Lord Cookes [De non apparentibus & non existentibus eademest ratio] we may rationally af­firm, from its never being seen or published amongst us, that there never was any such Proclamation from the King as they ground their Authority up­on: & that foundation being removed they have none for their Govern­ment. For the power which they derived from the Delegates was deter­mined by their expresse limitation on the second wednesday in June; so that the Dominion which they were possessed of in October following was taken by themselves, and is consequently an Usurpation; and whether that can be sufficiently slighted, contemned or abused, let them resolve who yet feel the calamities of our late times in England.

I never thought flying from Persecution had been ranged with resistance to Power; atd wonder as much how Usher could find Masharts Recesses, and return unoffended from his Armes: a little proofe would have done well; some Illustration at least to bring the tale together. It should seem if they did betake themselves to armes it was se defendendo, so natural as that the Law dares not punish it.

Nor was it Jones's insufferable Insolence, but Byams and Martens im­placable hatred, that imposed that former fine: as Illegally and Arbitralily as his latter fine and Banishment was decreed: they might have remembred the Precedents I cited against that Judgement, which they could then no otherwise answer than by straffords case attainted by Parliament.

Answer.

Sect. 4. This Section should precede the former as the cause doth the effect; for the demanding of this Levy when the Assessors power was legal­ly expired, was it indeed which raised the Dispute against the pretended Au­thority. The people before onely muttered at the losse of their Priviledges, but when they began to see an approaching losse of what with so much diffi­culty they laboured for, they grew louder in their clamours: and thinking themselves well fortified with arguments, denyed the power which demand­ed this of them: hoping to lighten their burthen by a new Election, which hopes was Byams and his Partisans despair. Nor must we think every Si­lence a Satisfiednesse.

Answer.

Sect. 5. That Mr. William Sanford at the meeting of the Inhabitants of Toorárica about this Levy did deny payment thereof till he was satisfied by what power it was demanded, openly denying the Governours Power, I shall readily acknowledge; but that he did thereby insolently spit in the face of Authority I must deny, for the reasons afore-alledged. That he was uncontrolled by me I understand not; for the same that Byam saith him­self did upon the like occasion in Masharts Division, I did here, and thereby silenced my brother. Perhaps he counts him uncontrolled, because [Page 5] uncommanded into Irons as Jones was: (which exasperated Mashart, my brother, and divers others.) But though I was one of Byams Councel, I was not of his Closet; and my Magistrates oath (which he never took) deterred me from such lawless severities.

Answer.

Sect. 6. When the world reads there were but six or eight so very bad as are here described, and after hears that eight onely were banished, they can­not but in charity conclude those eight to be the very worst; and so amongst our other sufferings we must wander the world with all this filth upon us. But till a contrary proofe appear, this assertion may be full as current, that a­bove three fourths of these Proscripts brought better fortunes into that Colo­ny by many degrees, than Byam or the more numerous of his assessors: (their fines are some evidence of this.) Nor were they less industrious in improving those fortunes: many of them also were seldome exempted from the most eminent employments. And if drunkennesse be a crime meritori­ous, in our enemies thoughts, of so sharp and severe a punishment as we have undergone, I wonder they were not themselves deterred (or ashamed at the least) so publickly to become examples of excess in that kinde, that very night in which they had determined concerning us. But I will excuse them as transported with Joy, and confesse that Recriminations purge not the guilty. And heartily I do wish that this fault could be lesse objected to any of us, or to our Nation: this I shall onely averre, very few of us Exiles, did ever any injury, either to publick or private Interests, by Ebriety: a Negation to a bare Affirmative is enough; and the likelihood of the o­ther plots objected in this Paragraph we will examine in our answer to the next, and to the Depositions annexed to which they referre us.

Answer.

Sect. 7. The Disputes made to their present Authority being so reasona­ble and just, Byam to make it a Crime is forced to accuse it of Pregnan­cy, a guilt big with Monster, the Prodromus to the Colonyes destruction; as though the new Electing their Representatives, now more than ever, must be the onely narrow way for its ruine to enter at. Yet herein he is so unlucky as to assert what every child almost in that Colony can contradict: for he layes the Inducements to this plot to be discontent, bad fortunes, worse lives, and no-endeavours, and (the cause of all these) sloth and drunkennesse; and at the same instant makes Mr. Michael Mashart, Mr. Daniel Jones and my Brother, the first trumpets, and me the grand Promoter of these disturbances, and head of the Faction; all whom particularly (I should not speak it, were it not a most evident truth) were the just contrary to all these aspersions; persons industrious and in the way of thriving by it; living com­fortably as any there; and whose greatest hopes and assurance of perfecting their good condition, consisted in that Colonyes advance, and their own continuation in it. But this is too positive; to descend therefore to Parti­cularities and manifest Illations. I shall first then desire Byam to remem­ber that I was not sent forth to satisfie the timerous Indians, but our time­rous selves; 'twas we had information that the Indians, in (revenge of some pieces of justice executed on them for deteining our run-away Negros,) had designed to cut us off; and that great numbers of them were to that purpose congregated in an adjacent river: to prevent and suppresse this de­sign, I was by order of the General Assembly sent forth with general In­structions to do according to necessity and discretion. Before my going, this business of Jones, Mashart and my Brother happened, and the discontents in the Colony grew loud. That very night that I was to set forth I received a letter from Byam (which I have yet to shew) then a long way distant at a Feast; wherein he tells me that he had received the Report (by which the whole Colony was at that time alarm'd) that thirty of our men were alrea­dy slain by these Indians; and not knowing what particular orders to give, because the certainty of this as yet appeared not, he leaves the ma­naging [Page 7]of the whole business to me, encouraging to an actual engagement if I found the rumour true, in which he promised well to second me. Now let the impartial Reader judge, if there were a party that designed the Co­lonies destruction, if many of its bosome enemies were now with me, who am said to be the head and grand Promoter of that design, whether a better opportunity could be presented to us to bring all things into confusion, and out of the general ruines to repair our own? The falling on any one town of Indians with hostility had in great part effected this; or if (as hereafter he laies to our charge) we had a purpose by force of arms to remove the power de facto, and to seiz his person, when could it better have been effe­cted then now? Byam was absent, the Colony full of discontents and fears, I in arms with a boundlesse Commission, and (as himself saies) abetted by many of the faction. What hindred to make my train as numerous as my self pleased, to march up to the place where Byam was, environed onely with feasts and jollity (to which also I had his and the present occasions in­vitation) and to make my self master of his person, and in that of the Colo­ny? But when it shall appear that nothing of this was done or attempted by me (for if it had, either Byam would have complained of it, or else I should now have had no cause to complain) that I managed this businesse of the Indians with all integrity, satisfied their discontents, and removed our fears, and, having done my errand, that (notwithstanding the threats of gallows, prisons, and irons wherewith many of the Gentlemen with me were accosted at my return, and my self thought unsafe, because suspected) I, yet, disarmed my self and Partizans, who all retired to their respective habitations; it cannot rationally be concluded but that either there was no such plot as is charged on us, or, if there were, I was not of it, much lesse the head. And this truth also will readily emerge, that the raisers of it thought themselves to have force enough of words and arguments for the present dispute, and therefore needed not the force of swords and guns. Again, it is strange, if I were the head of these designs, that such eminent criminals as Mashart, Jones, and my Brother, all then skulking for fear of Byam, did not rather repair to me, then in arms, and of better force to protect them than their single weapons.

As to the story of Saint Vincents, the discourse we had of it was as inno­cent as any I have ever heard or meddled in: and afterwards when Byam would needs squeez a plot out of it (a torture which at this time all our oc­casional discourses suffered) it proved in it self so ridiculous, improbable, nay impossible to be the real design of any but very fools or madmen; and then also was so far from menacing any harm to the Colony, or an acting contrariant to the present government, that after Byam had busied himself [Page 8]much to finde out the depth of it, and had gotten one who stuck not to swear according to his own dictamens, Captain Crook (happily by at this examination) by a clear owning and rehearsing whatever was truth in that businesse quashed the accusation; the main reason that the Reader findes it not amongst the other annexed depositions: A fate which I am sure all the calumnies against us would have suffered, had we been allowed the equity to be present at the swearing of the witnesses. But lest we (whom they had de­stinied to ruine) should appear too innocent for their malice, they would not, after this, suffer any, designed to exile, to make a defence, but posted on to a sentence; and if the prisoner but spoke against it as strange to be sen­tenced and not heard, Marten and Noel would make it their admiration that they should offer at a pleading not guilty. And as these were first iron­ed, and af [...]erward judged to haue deserved it (for their better impunity who had so used them) so one, whom they durst not have let loose after such u­sage, was before he appeared, assured of pardon, if he would but with silence accept it; and when he came before them themselves pleaded his innocence (though the leader to all the declaimed guilt) and assured their ready mer­cy; which discourse when he received with a bow onely, they render him as carrying himself with remorse, submission, and civility, and therefore me­riting their moderation; while the others, for claimingan equal share in his innocence, are argued of impudence, and epitheted incorrigible.

Answer.

Sect. 8. Admit all this be true (for as yet we finde no proof thereof) I cannot but now call it discretion to inform the people (who were by the intended convention to become parties) of the true state of the question. Yet so little was I hitherto engaged in this dispute, that none of these in the least consulted me: for though I was satisfied that the General Assemblies pow­er was an usurpation, yet I had no thoughts of opposing or forcibly remo­ving them; and therefore within my self condemned these strivings, not as criminal but indiscreet.

Answer.

Sect. 9. This I readily believe, knowing it the grand complaint in that Colony that Olivers policies were daily practised, and no society or scarce family found empty of an Informer or Trapanner: one incitement to many hot spirits to speak worse then they thought. The worst of slaveries! sub­jecting the honour, fortune, and life of the ingenious to the mercy of knaves and fools; such as by these very practices evidence themselves dead to all sense of honour and honesty. Byam, when he takes occasion, a little while after, to mention my letter, might have remembred that I condemned, and dehorted from these kind of subtilties, whereby the innocent and the gene­rous are more often ensnared then the more wary criminals. But I wonder what Law he hath found for acting by force? he must take it from some new precedents of the late usurpers, for I am sure our old law disapproves and punishes it. The serious advice on which he summoned all the Free­holders to meet at one place I guesse to be this, he feared if he admitted the regular way [of each division chusing their proper representatives] that a­mong the few of his own division he should hardly finde votes enough for himself to be continued one, and consequently must despair of being gover­nour for that year; he would therefore rather venture his greatnesse on the more numerous chances of the multitude drawn into one body: for else, it was without precedent, and a solecism in reason too, (especially at such time as [to avoid their unnecessary trouble] was the main excuse for taking away the peoples priviledges) to call all the inhabitants, dispersed many scores of miles, to one place, in a tumultuous manner to confirm or renew their government.

Answer.

Sect. 10. When I returned it was told us the Governour had garrison'd his house, kept parties in boats upon the river, made a Sedulous quest for Mashart, Jones and my Brother, for whom agallows was preparing, and Irons for divers other Gentlemen then in armes with me. They told us that I was voic't the original of these tumults with designe of making my self Governour (one of the many arrows which Byam and his Partisans had frequently shot to wound my reputation with the people, and render me [Page 10]lesse eligible into publick affaires, where my honesty was most commonly irksome, because most constantly counter to their different practises:) these reports kindled a flame in the Gentlemen with me; who, prizing their li­berty and honour, were deeply affected with the menace of a Confinement proper to rogues: and being well satisfied in that point [that the Gover­nour &c. had no legal Power] they stuck not publickly to assert it, and that they could not, but as Trespassers, act a violence against their persons &c. And hence it is not unlikely but some might threaten to tear down the Pri­son, or kill the Marshal, viz. If they should either be shut up in the one, or seized by the other. And probable it is that in these heats Crook might say he would break the Colony, inferring that others should share in the ru­ine with which they meditated to depresse him; for, verba semper accipienda sunt in mitiori sensu. But admit these words were absolute, without any con­dition or other excitement then the speakers malice, they are at worst but evidence of an endeavour without effect. And 'tis an Impudent begging the question to call them seditious and rebellious; for those termes presup­pose a legal Authority against whom this was uttered; and that was it in dispute, and should not be taken for granted, till conceded by the controver­ters, convinced by force of arguments not armes. But the sworded man takes and leaves at his pleasure.

Answer.

Sect. 11. Though I found my self not exempted the list of Delinquents, and well knew from former experience that Byam wanted onely occasion, not malice to prosecute me with an exemplar severity; yet would I not pre­sently unfix those resolutions of indifferency and moderation, which in this present dispute I had put on. Having therefore milded those passions which these rumours had raised in the Gentlemen of my party, I perswaded them 1. To discredit those improbable reports. 2. with a still patience to attend the designed convention of the people (where I doubted not the calming all things by a moderate debate and mutual condescention) and 3. To dis­band and retire to their several homes. Successfull in this, I laboured the like with Byam; and after I had given him an accompt of my voyage, I recounted the various reports which alarm'd us at our return. The innocence I professed was this, 1. That I had no aims at the government; for the truth of which I attested heaven; and desired him, when all the Free-holders met, to examine them singly upon oath whether ever I had made any kinde of attempts on any one of them for their votes: and for his further security I offered to become obliged by all Bonds, religious or civil, never to accept it though thereunto courted by the united Colony. 2. I assured him that I ne­ver promoted the present disputes made against the authority, and was hearti­ly sorry that they were begun. But withall he may remember that 3. I told him I was ever perswaded that if any durst question the powers legality he would be by reason unanswerable: and therefore I entreated him, since matters were in the present state, to proceed by moderate justifiable ways, and not so as he had begun with Jones, in which I could not abet him salva virtute & justitia. 4. I blamed the violent counsels of Marten, who offer­ed himself the Hangman of any at the Governours single command; of Vsher, who advised and threatned to nip them in the bud; and of Ferris, to hold their noses to the grind-stone: menaces fitter to frighten the Colony into a dissolution, then to work a consolidation. Much of this letter may appear from Byams answer which I can produce. If now by what he saith of my professions of innocency, he would have the world believe that I did pro­fesse my self clearly and absolutely of his party, approving all his actions, my own Letter, if he dare shew it, will contradict him: and let both our future actions be compared with our Letters, It will appear, I was constant in my perswasions, and esteem of Justice, while he varied his resolutions and brake his word.

But it's strange that those whom he calls Desperadoes should enter upon a treatment with Bonner, needy and empty, to do God knows what; when at the same time Sulke, fam'd rich in gold, full of Negroes, weak for op­position, distrustless of such attempts, gave all the invitations to needy men to cast conscience and danger at their backs in his surprize: whatever the designe was which they would have drawn Bonner to, it seems it had perill in it, and must by force have been defended; and so might such an attempt on Sulke have been: nor can any thing be objected to this action, which would not have equally sorted to that. But how comes it that this is here mentioned as a plot of us Exiles, and nothing thereof charged to us at our reckoning? In all the Depositions I finde not one syllable of this, (nor in­deed ever heard of it before I saw this his Declaration in England) and therefore am ready to think, if any such thing were in agitation, it was some engine of Byams; which (though it failed of drawing inconsiderate persons into the action, yet) might at least give some suspition of a Plot: (and to be suspected, with them was to be guilty.) An art not unused even there. And possibly had he brought the accusation into publick while we were present, the mistery of iniquity had been discovered. However, Bon­ner is now here, and doth not accuse us that were sent off with this matter; If such treaters were, 'tis most likely they are kept behinde, as fitter for Byams use then our company.

But what may we think this new plot to be? at first sight it looks like the attempts of those that are weary of their creditours company, and then some of his eminent assessors may be suspected rather then we: (and indeed his con­cluding mark best suits with some of them.) At plainest, it is a running away from the countrey, not a staying in it, working its confusion by a disjointing of the Authority, with which he taxeth us a little before: but the Gentleman is gotten into a wood of plots, and being lost in the mazes of his own invention, he untreads his former steps, and wants a thread of truth to guide him out.

Yet grant him all this likewise; I would fain have him satisfie us what law it is that punisheth [this peculiar endeavour] with trial by an arbitrary military court, and a censure of irons, fine, and banishment? the thoughts of the heart not reduced into practise, though never so evident, are not en­dictable, except in that onely case of imagining the Kings death, which the the Statute hath made Treason. And suppose bare endeavours were penal, I have not yet found any repeal of that sacred sanction in Magna Charta [no freeman shall be taken, imprisoned, disseised, outlaw'd, exiled, or o­therwise destroyed or condemned without tryal by his Peers or the Law.] Whence also had they their Commission for erecting a Martial Court? (if [Page 13]we should grant them the Proclamation.) Both King and Parliament have expresly said that no such Commissions shall hereafter issue forth. I dare promise that the Authours both for their ruling, and thus ruling, will upon enquiry be found onely themselves

Answer.

Sect. 12. Dolosus versatur in Generalibus, and though Byam cannot define what the evil of taking this Shallop is, yet it must be a nefarious pro­ject, the prosecuting of a wicked design, so horrid, that his mouth is filled with the very name of it, and cannot pronounce the thing. But because he seems to be at a losse to determine what ends six or seven unarmed men could have, in publickly seizing a small Shallop of inconsiderable value, up in the heart of the River, and there remaining with the possession of her; I will undeceive the world with the whole story of that action, which Byam portions out (as he doth our words also) by such pieces as best size with his purpose. Those Gentlemen then here named, were in company [Page 14]with Mr. Wroth; (whom I wonder should be left out, being the ring-lead­er in this action to the rest) their discourse was of what was then the com­mon talk, the presentidisputes against the Government, and what best course might be taken to make Byam shew authority for his continuing Governour. Wroth hereupon adviseth to seize this Vessel (whose owners and Sailers were Dutch, and who unluckily lay in their Eye) as a prize to his Majesty. A Court, saith he, must be called to try the King's Title, we will plead to the Jurisdiction of that Court, and thereby draw Byam either to shew the Proclamation he boasts of, or else to confesss himself to have no such thing. The Council was approved, and in the posture they were, (which was without all kind of furniture for any other design) they go aboard this Boat, take her as his Majesties prize, put two of the Sea-men ashore, and one they let remain aboard to see that nothing be Embezeled. Captain Straunge is desired to acquaint my Brother (dwelling hard by) with this action, that he might go and consult with Mr. Wroth about ma­naging the intended Plea, because he had seen the late Act of Parliament concerning Trade, on which they purposed to prosecute this Vessel, and ju­stifie their seizure: this was the occasion of my Brother's comming to them, armed only with his Sword, whosate a while on the side of the Shallop, en­tertaining discourses with Mr. Wroth, & then returned home. Straunge in this mean while goes to Crooks and his own house, & fetches thence two or three Carbines and a Pistol, & some small ammunition; rather to secure the prize from a being re-taken by the owners, & themselves from a being ridi­culously cudgelled out of her by the Sea-men, then with any hopes with so small a force to oppose Byam & the generality of the Colony, which (as him­self saith a little before) themselves had observed to be bent against them. After this Straunge returns, accompanied with Needham and Fabian, who co-habited in the same house with him. M. Wroth had this day appointed Banister to come and receive some Coppers which he had sold him, and fearing least Banister should passe by unseen and misse of him, it was con­cluded to hale all Boats that came up with the Flood, which they did till they found Banister, with whom Mr. Wroth went home. Mr. Mashart returned also ashore again, it being resolved upon, to leave no more a­board the Shallop than might serve to keep the possession of her. As to the other Bug-bear actions and speeches, I shall take occasion to speak to them when I examine the Depositions.

All this I learned from Mr Wroth and my Brother, at such time as their visits were permitted; for as yet I had not intermingled with any thing they call Sedition. And here now the Reader hath a cleer view of this acti­on, and the very inside of it; let him compare this Relation with the an­nexed [Page 15]Testimonies, and trace it with the severest scrutiny of reason, if he can find a worse, or other intention in it than what is here declared. But say they had worse intentions, they were ineffectuall; and had they had a full and mischievous effect, I doe not yet find that Byam and his accom­plices could legally judge either actions or intentions. If it be said, that then none could, and consequently the Colony was in a miserable conditi­on; I grant that too, but fault none but Byam and his Partisans for drawing on that misery.

But what would Byam inferre from the enumeration of all these argu­ments in behalf of Cryn? that his Shallop was no Prize? alass! that is not the Dispute, but whether she might without a horrid crime be seized as a Prize or not; and whether, being seized, his Majesty ought not to have had a legal tryal for her? Had Byam called a legal, or only a formal Court, to take judicial cognizance of this case, he would not have been much put to it for arguments to defend Cryns title; for the seizers purposed not to urge that point so severely to his prejudice, after they had been once con­vinced of the Courts Authority and Jurisdiction: and this may appear from what is witnessed that Crook should say: [I value not my part of this prize at a pipe of Tobacco, 'tis another businesse we are come about concern­ing the Countrey, and the chusing a new Governour.]

Answer.

Sect. 13. By the Epithets he gives to this lawfull and justifiable action, may be seen how far every of Byams accusations is to be credited without examination: But to the point. I will believe his Mercury's nimble enough, & affirm some of them rode on the wings of the aire, the aire I mean, of his own fancy: & those were they that brought him the immediate intelligence of these Gentlemens intentions, & were I suppose the same that brought the former advice of his Majesties Proclamation. And because the Gentle­man vouchsafes to come forth of his cloud of Generals, and expose himself to view, we will a while survey him. And first, what ends should these men have in endeavouring to guard the River, and keep Boats from passing to the meeting, since themselves waited for that meeting? Is it likely that any men in their wits should seize a heavy Shallop, unable to move, (had she been unmor'd, which she never was) but as acted by the stream or a chanceable wind, with her to r'ally what possible force to guard the River? From what quarter too should they fetch these forces? the whole Colony are said to be against them. If they had hopes for such intents, they were themselves Masters of Periagoes susceptible of ten times the force, with which they could have moved into all quarters with an activity and ter­rour requisite to such a design, and have seized Byams person (or attempt­ed at least) at home in his own house, and not ridiculously have sent him an alarm four and twenty hours before, and waited his comming at their station five leagues distance, with hopes then to take him when he centu­pled their strength, and had coopt them up within their wooden walls. I wonder he had not contrived their plot for them thus, that they determi-to have Byam come aboard to them, and deliver himself up: or thus, that they were resolved that he should call none to his guard but who were of their faction, and should betray him unto them: for the manner which they used in carrying on this design which he chargeth them with, points at some such strange hope, or else (which is the more likely truth) they had indeed no such purpose at all. But how comes he here to say, they would keep Boats from the meeting, both when the sixth part of the Coun­trey were not to passe that way, and when in the Depositions (to which he gives such uncontrovertible credit) Crook is accused himself to purpose a repair to the meeting, to try whether they would make the Shallop a Prize or not? How is it too, that even now they were presented as running a­way, and, having gotten wings, they fix themselves into a standing guard.

Though where Usher is known there be no great credit given to his words or oaths; and though he here commit a great mistake in telling twelve for seven, (fear frequently multiplies the object) yet we will not dispute the [Page 17] verity of his relation to his Patroòn; but onely affirm, that they that had ta­ken the Prize were before determined to deliver her up to Byams order up­pon the first summons; (the reason that several were already gone from her) Crook onely, with a souldiers bravery, was desirous to try whither Byam, or any by his command, durst act hostility against them that declared themselves to stand there in defence of his Majesties Shallop: and upon that score it was that he said when he charged the guns (not [now we are ready to talk with the Governour] but, as in the Depositions) now I wish the Go­vernour would come and speak with us. In pursuance of this councel also was the shallop first refused to Usher; they onely waiting the effects of his braving rounds: nor did they at last deliver her for fear of Byams re-in­forcement (of which there was great need, indeed, against seaven men and a long-boat) for some of them were resolved to try him too as well as his Aga; but others (fearing they should not make so clear and evident a justi­fication of the harmlesseness of this action, by their voluntary surrender of the shallop, if they deferred it till Byams approach, when they might seem rather inforc't to it) pursued the former councel; and, assoon as Usher was gone shore, followed him and delivered up the vessel to him; taking his had and faith that she should remain in notion of a prize till a legal court word determined the question.

Answer.

Sect. 14. I believe his excitements from the Countrey (who he says de­sired this) will, upon search, be found as slender as the concernments of ho­nour and duty which impulsed him to the following dishonourable, unjust, and malicious prosecutions. But because he tells the manner of his seizing us with too much advantage to himself, I shall give the Reader a more pun­ctual account of it. On Sunday the 24. of November towards night Byam moves downward, and in the way meets Mr. Mashart going home, whom he causeth his souldiers to lay hold on and keep prisoner. The night was come on before he came so low as my Brothers, and a party is commanded to beset his chamber and take him, which they did, finding him alone and abed: thence he sends Ʋsher to Collonel Elyes (who knowing nothing of the Shallop, had no crime but hospitality, and denying to declare the quan­tity of his land) he findes him asleep also, and without company (save those of his family) yet leads him away prisoner. Story marches to Mr. Wroths (whether the Gentlemen that had surrendred the prize were retired, till Sunday, on which our law interdicted travelling, were over) findes the rest, that Byam bent against, there, but asleep; he wakens and acquaints them with the Governours orders, to which they readily yielded themselves. The souldiers hunted for arms and ammunition every where, but found none but what necessity and the law warranted and allowed; which yet they carried away, more feloniously then the others seized the Shallop. Byam that night sends away Usher to raise the lower divisions also into arms, thinking him­self [Page 19]not yet secure enough against half a score disarmed captives. On Tues­day before day I was rouzed by a messenger from the prisoners, who gave me a particular relation of all our proceedings, and that (from some words of Ushers) they were assured that it was decreed to try them by a Court of War, in which Mashart and my Brother, at fewest, would be condemned to death. This was the first knowledge I had of these passages; and let it not seem strange that I was transported with the apprehension of the dan­ger a Brother and friend were in, whom I knew guiltlesse even as to bonds. This news is seconded with Byams letter, aggravating their fact with swelling words, and menacing a punishment conform to his prejudice. I had presently a thousand diversities of thoughts, all tending to secure these inno­cents from Byams homest blows. I had frequently experimented in Jones's case and others, that no plea, no shewing of law, would prevail with Byam and Marten to alter their determination of arbitrarily proceeding against such as they had designed the examples of their revenge; and all the rest of the General Assembly were either byassed by interest, or else ignorant of law and reason too, and had therefore such dread and esteem of those two, that they durst not presume to think contrariant to their sentence. In my advo­cation, therefore I had no hopes to stead them, though the second in autho­rity both civil and martial. Yet the danger that threatned them was of that kinde, that I durst not hazard them to the sufferance of it. What did therefore offer it self most presently to my fancy I resolved to put in execu­tion (having but little discoursing time left me) and that was, before By­ams whole strength was come together, to make tryal of my power as a ma­gistrate, thereby, and with that interest I had in the command of the soul­diers, to remove the prisoners from under their present restraint to a place remote from the reach of Byams fury, at which distance we might contend with the lesse bestial weapons, arguments and reason, and capitulate for our return and safety. The present streight affairs were in might urge to a less ponderated attempt, rashness being often more excusable in such contingen­cies, than dull coldness, and more frequently crowned in the event. When I came therefore to the Guards, and found Story deaf to my desires of en­trusting his charge to me, and regardlesse of my promises to have them forthcoming to a legal tryal, I assaulted him with commands as his superiour officer, and finding shews of resistance, I bade the prisoners, if they had yet any courage left, to follow me, and I would lead them through the guards.

But some of themselves (overruled I suppose by their fears) desired me first to send and speak with Byam; which I unluckily (not without Pre­gnosticks of my felt-sufferings) assented to. Thus fear of my friends dan­ger made me fearless of my own, and for onely labouring to preserve inno­cence [Page 20]from an unjust violence, and the laws (to which I was svvorn) from a forcible subversion, I must fall under the infamy of treason, more rightly due to them that acted the persecution from which I was flaying. For when Byam landed, he and Noel charged me as a Traytour to his Majesty, boast­ing that [this was it he had a long, time aimed at.] I made my appeal pre­sently for England, where (I told him) Treason was onely to be tryed; but he said [I should finde he would try me there]: to which I answered, mur­ther me he might, tryal it could not be called; and turning to the people, I tole them that that man in the white doublet (pointing to Byam) had no power, and therefore could not justifie them for abetting those illegalities a­gainst us. And whatever the law should determine his crime to be, when he had finished his purpose on us, whether treason or murther, they were all guilty of the same for standing by and comforting him therein: And this was the Belinsgate-language wherewith he chargeth me; and for such kinde of d [...]scourse I was afterward confined a board that fatal Shallop, where when I shewed to several strangers, visiters, the last Commission Byam had from he Delegates, and how long since his power was determined, Usher was sent aboard, commanded my company and papers away, and me to be kept in the stinking close hold of the Shallop, where none was to see or speak with me: nor would they suffer me to keep the statutes of England, but took them away also and carried them to Byam.

But grant that I railed in the Idiom of an oyster-wench, it can be at worst but an incivility; and such a kinde of indiscretion in me, as it is in that per­son, who, over-cholerick at his loss, &c. rails at the robbers while he is yet in their power; the world by a common irony may say [he deserved the ill usage he suffered for having less moderation at such a time] but I think none will conclude the inflictions of the robbers, justice; nor will it be ex­cuse for them when they come to the Bar to say, we bound and gagged him because he should not proclaim our theft and call in defence.

Answer.

Sect, 15. There is a sort of men in the world that will say more in their friends behalf then they will swear, and such Byam hath got to prove the publishing of a Royal Proclamation, which I cannot hear any man in Eng­land say he ever heard or saw. But it is somewhat strange that Byam and Marten should, not above a year before, themselves form and contrive an Act for the General Assembly to pass, wherein it was ordained, That the constitution of the Delegates should not be altered though a Commission came from the sovereign power for the government or propriety, untill we had first sent home to acquaint the power with the inconveniencies of admitting a change of rule, and obtained an answer; And that now upon a hear-say (nay some moneths before that hear-say arrived) they should be the leading men to change this established form. But every man is nearest to himself; and Marten, besides, is so famous in nothing as his variety of councels: and it seems the whole bulk of Government must dance to the changes of his brain.

Yet, how slender soever this proof was of a thing of that nature, it was suffic [...]ent (and less would have been so in a matter that Byam would that it should be) to cause this General Assembly (as they call themselves) even before any of us were called before them, to sentence the disputes to the au­thority as a trayterous and rebellious opposing his Majesties power, and the taking the Shallop (without ever examining any reasons) as a felonious act: so that when we were brought to the Tribunal, it was to judgement, not to tryal, and accordingly we no sooner appeared than received their condemnation.

Now, though (be it true that these men heard such a Proclamation) I will not determine how far such Royal Edicts exact their obedience within whose precincts they never came to be published; yet, this I dare aver, that there was never any command from his Majesty that any free-man should be taken, disseized, and axiled without tryal by his Peers and the Law. Nor did the King authorize any to be Judges in their own cause; or ever grant Commission to Byam to proceed against his Majesties subjects by a martial court and way, contrary to the laws and franchises of the land: And yet see here Byams confession for thus proceeding against us. Nor can [Page 22]they deny this by stiling themselves the united authority; for grant their au­thority lawfull, it cannot deprive us of our Magna Charta Priviledges. Let Bradshaw declaim with a voice of thunder, and face of brass that his Court is founded on the highest authority, yet nothing but an army can draw an honest mans silent assent.

I cannot less wonder at the diversities of judgements on one and the same fact; had the law appointed the penalty it could not have been so strangely different, nor the Judge (if sworn to observe that law) have dared to dis­pense it in a various manner. Hence it is evident, their judgement, if by law, was by a diverse and uncertain law, and, ubi lex aut vaga aut incerta mi­serrima est servitus.

Answer.

Sect. 16. It is accompted a dangerous birth where the feet come formost, and certainly, if I were the head of this sedition (as they call it) the chief reason of its miscarriage was my appearing last in the action.

The first word that proceeded out of my mouth was a truth, and that I seconded by others as great truths: but when my arguments grew of force I was silenced. And though this General Answer might serve well enough to his general criminations (such kinde of Returns having been often ad­judged iusufficient, it being a Rule that Generale nil certi implicat; and therefore the law requires and injoyns certainty) yet I will be more parti­cular (a curiosity which Byam hath no good successe in, and therefore cunningly declines it) and tell the world the whole manner of my tryall.

Being guarded up to the judgement-seat in the night through lanes of souldiers, Byam reads to me some depositions containing the manner of my attempting a rescous on the prisoners: the witnesses had not front enough to appear; and therefore I must credit Byam (though no sworn Magistrate, and my enemy) that they had made such oath. When he came to those words, that I should say to the prisoners [I will assist you with my life and fortunes] I said, that was a lye whoever swore it. And so it was, for I ne­ver said so; nor need I disown it if I had spoke it, it being no crime for me [Page 23]to declare a readinesse of exposing life and fortunes for the protection of in­nocence from a violent oppression. But to proceed; A silence expecting it, I spake these very and onely words. I see here so few formalities of a legal Court, that I shall use as few in confessing or denying what I stand accused of: nor can I expect a very equal proceeding, finding those sit as my Judg­es who are my accusers; whom it concerns as much that I be guilty, as it concerns me to be not guilty. You Sir (to Byam) and Major Noel there, arrested me for High Treason, you ought to prosecute, not to judge me.

Byam replies; We did not arrest you for High Treason, but as a Traytor to his Majesty; and it was for opposing the authority of the Countrey.

I rejoyned; I opposed no lawfull authority, I endeavoured indeed to per­swade away an illegall force and the oppressions of violence. At which Byam in a fury commanded the Marshal to take me away, and lay me aboard in irons.

The turning from them I said; This I expected; I see the formalities of Olivers High Court of injustice, but not of any legal Court: my accusation is Treason, not tryable by the laws, but in England.

Byam repeated it; We did not accuse you of Treason, but as a Tray­tour.

I then answered; How I can be a Traytour without a guilt of Treason is a riddle which I hope you will resolve one day. And so was guarded away, Marten giving his vote to hang me up at the window. And these, Reader, are the impudent railings for which this strange sentence passed on me; which I received not till about ten dayes after by the hands of the Secre­tarie.

And that it may yet more clearly appear it was private animosities, not any designs of ours against the Countrey, that drew on this punishment; Marten about this time was heard to say [Had Sparrow and Harmund been now alive, they must have gone the same way: but, God be thanked, the Countrey is now pretty well purged from them all one way or other.] These two were dead before there was any occasion for the present disputes; and than whom none could be more industrious or successefull in their endea­vours. They had indeed frequent contests with Byam and Marten, being too much English men to be enslaved or abused. Nor was this punishment of banishing any other then Marten's invention, which his Ecch [...] Knightly long before in a drunken liberality discovered.

But I wonder to hear Byam say it was my desire to be sent for England, which I accounted one of the clearest evidences that themselves were con­scious of their injustice, and therefore removed me from all assistance for re­pair: the Reader, I think, can finde no such desire in my words, not must [Page 24]my judges perswade me that they studied my pleasure in my pain. Marten was more ingenuous when he said, [send him for England, and let him be put ashore on the first land, and then let him prate, every petty fogger there will silence him.] They knew very well that I had not been out of the Indies from my childhood, in near twenty years: if they would indeed have conformed to law and my desire, they should have sent me to England to be tryed for the treason they charged me with: and then I should have had hopes in time to have found them here to prosecute me. Nor can I yet understand how they will answer the accusing us of felony, treason, re­bellion and enmity to the King, and prove nothing of this against us. Slander is one kinde of trespass, and the law gives action for it: and these criminations which they have devised against us, if false, are slanders of the blackest mouth, and may possibly be found meritorious of the Penalties of Conspiracy.

Answer.

Sect. 17 Should I aggravate every expression and usage of these unjust and malitious proscuters: and expatiate into that large discourse how, not content with what they had already made us suffer, they pursued us with avarice as well as malice, endeavouring to seize to themselues the poore remains of our shattered fortunes; which, how contemptible soever, it seems they thought them worth the having; should I doe this, I say, it would cast so much black upon them as would blot out quite the complexion of Christians. But their own Declaration, discovering so little of crime, and such huge inflictions and penalties, and yet (as though innocency were not enough stained by their actions) aspersing us with such hideous calumnies as reach to the depriving us of our humane eternity, in blasting the fame of our po­sterity, this very Declaration presents them fallen from humanity; and shews, how confident they are that the blow they have given us was home, and we never likely to recover our feet; and therefore they may the more freely trample us in in the dirt and take the pleasure of the tongue as they have of the hand already. But a time may come when this very Libel of theirs, will be enough to charge them to their ruine, thought not to our restitution.

Answer.

Sect. 18. The law indeed favours some actions, when for the doing of them there is necessity or conveniency; but if a thief plead either in excuse of his felony, it will be well examined how great, and how alowable it is. And should these actions come to such a test, I durst be again the Butt for Byams malice, if any the least lawful necessity or conveniency would appear for these proceedings. However, I am glad I have his hand to attest this ac­knowledgement, and onely wish I had occasion to try whether he would be Gent. enough not to retract this serious averment nor deny this subscripti­on: I will promise him not to charge more to him then he here confesseth himself guilty of, if he will but admit this as an evidence. But though, pro­bably, he thinks that he now playes securely, having put us out of all ratio­nal possibility of bringing him to an after game, yet will I not sin so high­ly against the dignity of Justice as to despair her taking cognizance of my case; and then I fear not, but that this Declaration of Byams may dispose her to a retribution: my poverty I hope will speed, not retard her repair, and what hath shortned my hands will lenghten hers.

And since the Gentleman is so confident that he hath not dealt over-se­verely with us, I onely wish he may finde an equal mercy and moderation when ever he hath occasion; and then, possibly, he may begin to weigh what it is to be banished from estate and relations, to be put out of a settled and comfortable way of being, and exposed to the contempt of beggery and deration of a wife and children partners in the sufferance: and all this for actions rather honest then criminal. The divine retaliation deal to Byam and his assessors as they have dealt to me, and no better to me then I have de­served from that Colony, and them; I think the world will judge, I need not beg a curse.

Come we now to the Testimonies which were brought against us, and the particular facts of which we are charged, as they are by Byam himself expo­sed to the worlds view: But before I come to their examination I shall pre­mise a few things to the readers consideration.

There is not, in my opinion, a more rational evidence of the slenderness of our guilt then our charge, if we consider the inquisition upon our actions; which was managed in our absence by the subtilest of our enemies, and principal parties concerned in the quarrel; who having already designed [Page 26]us for destruction, and acted againstus with conformable injuries, had a Necessity urging them to make us as criminal as was possi­ble. Byam therefore, when he had seized & imprisoned our persons, sends for all that can pretend to know or to have heard any thing that might render us culpable, and takes their Depositions: the reader may finde by the dates of most of them that they were taken before our time of trial, while we were cooped up, ignorant of our crime and accuser: their contents will shew that much of our offence is words; and let candor determine, whether the most innocent persons may not be destroyed (where words are capital) if his enemy, who is concerned in his ruine, have the sole examination of such men as himself will call for, and makes severe scru­tiny into all his discourses; picking there-hence such words as may serve his malicious purpose, and cunningly omitting those, which, being spoken at the same time, might extenuate, if not amove, the evil of the other: inserting neither the occasion, incitements, time, place, nor condition of the speaker; circumstances which illustrate a discourse, and make it often appear very divers from the sense of some of its words. Nor will his De­claration let us expect more integrity in Byam, since when the reader hath throughly read and weighed him, he will all along finde him stretching his criminations beyond any thing of proof which he could purchase against us. And that strange passage of Harmunds and Lacons (some years before) whose names (vvritten in their ovvn character) were found as witnes­ses to a bill of debt due to Byam, and yet themselves did upon their oaths declare they never saw that deed before, nor were in place when it was made, makes me ready to conclude him not very scrupulous of anothers perjury where it may be to his advantage.

And though Byam assert that evidence was given vivâ voce of our words and actions, yet I shall desire the reader to understand him rightly vvhat he meanes by vivâvoce; it vvas not that the vvitness came in, in presence of the prisoner, and there, upon a mutual confrontment, did take his oath, and then, upon that oath, charge the prisoner vvith such and such facts, the prisoner having liberty of putting questions to him, and the court of his side to enjoin an ansvver to such questions: but, as I said before, all or most of the vvitnesses vvere svvore before-hand in the prisoners absence, Byam be­ing the man that took the Depositions, as much (I must suppose) to our dis­advantage as he could: and then vvhen the Delinquents vvere brought be­fore them, this Deposition vvas read in presence of the witness, vvho by his silence asserts it; and if the prisoner began to question him, Marten and Noel vvould call it impudence to argue against an oath, and Byam com­mand his Marshal to take him avvay and lay him in irons.

Nor had every one priviledge of seeing his accuser, but vvas condemned on Depositions taken God knovvs when, where or of whom.

Yet all this notvvithstanding, they found (as I hope the reader also vvill) our faults so much beneath the punishment they had destinied us to, that they durst not bring us before an indifferent Judicature, to a trial by our Peers, vvhere vve might have liberty of defending our actions by law, and should have had our judges of councel with us, and sworne to give judge­ment according to law; but brought us before themselves (vvho vvere none of them svvorne Magistrates except those tvvo that vvere my assistants in the court of Common-pleas) where we were not permitted to enter on any de­fence (that being presently adjudged as an aggravation of our guilt) but, according to their own wills and prejudices, sentenced to inflictions not to be precedented, I think, in the whole body of our law, Statute or Common.

And herein they acted not onely Counter to the lawes of England (to which they had alwaies owned a subjection) but to their own constitutions also (one instance of that subjection:) for, not many moneths before, these very men Enacted [That a General Sessions of the Peace and Goal delive­ry be held twice a year, viz. On the first thursday in September, and the first thursday in March. That this General Sessions doe by a Jury of Grand Inquest enquire into all breaches of the Peace, and breaches of Sta­tute, and all criminal matters whatsoever, and make presentment thereof by Indictment: and proceed to the punishment of all malefactours, especial­ly where it concernes life or limb, according to the known lawes of England.]

But this was made while their authority was derived from the Delegates; they decreed then like Substitutes conforming to their Commission and in­structions; but since that they have given themselves a greater latitude of Power, a Power not differing from absoluteness; which that they might re­tain with the less controll, they must remove them who have been so long the obstacles to it: and because such a general sessions as this Act prescribes cannot compleat their desires, therefore are they necessitated to this other manner of proceedings. But God grant us more indifferent judges of this necessity then persons so deeply interessed; who having themselves created it by usurping a power over us, could no other way secure themselves (in the dispute▪ made to their power) from a being cast in their own action, but by an illegal prosecution of us.

And now I will no longer detein the Reader from a view of the Depositions.

Answer.

1. Themselves have confessed that the Kings Proclamation never came to be published amongst us (and indeed how should it since such Procla­mation never was?) and also that this very order for their Authorities con­tinuation was never proclaimed, but onely mentioned by some few Gentle­men of the Assembly in their occasional discourses; as is confessed here and in Sect. 4. Yet see how severely they punish the breach of a law which never had promulgation. But grant this order duly published, the questi­on still is, whether the power constituted can alter the Decree of the Power constituting in that very point wherein themselves were restrained; since it is an Aphorisme in law and reason that unumquodque dissolvitur eodem modo quo colligatum est? We will confesse that by the implyed sanction of those Delegates the Soveraign of our nation could rescind their dictates; but our enemies also confess (in accusing us of it) that we constantly denyed the issuing forth of any such soveraign command; nor can they charge us with any proof of their contrary affirmation: for I will not be so uncha­ritable to this Gentleman Deponent as to think he swears [This order was by vertue of the Kings Proclamation] but that he onely swears [he told Mr. Mashart it was so] and whether Mr. Mashart was bound to be­lieve him, and did suffer justly for his incredulity, I leave to their deter­mination who know there was never any such Proclamation from His Majesty.

Answer.

2. The Reader hath heard that Byam, and that same General Assembly now ruling with him, were appointed by Delegates impowred by the People to erect a frame of Government; that they were limited to rule but one year; that they continued themselves by no greater real power then their own. Whether Mashart therefore were criminal in saying as he did, or whether this Governour and General Assembly (who trembled at the [Page 29]thought of being turned out) were likely to be equal judges of this dispute, or the person that made them, I leave to the less partial reader.

Answer.

3. This is so like the former that the same answer may serve to it; one­ly, the Deponent might have added, that Mr. Mashart said [he owned His Majesty, but knew no Governour] &c.

Answer.

4. When it was that this Deponent met with Jones, and received this churlish return to his civil salute is not inserted. But this Dod was a former adversary to Jones, in the businesse for which that unjust and malicious fine of five thousand pounds of sugar (before hinted at Sect. 3.) was imposed: now probably Jones met this Antagonist soon after, while yet his choler boiled with the agitations of his soul on that sharp injury, and was the more irritated in receiving a fawning treatment from a malicious prosecu­tour. And since amongst us in that Colony this phrase of drawing up had its most common use, and that we there understood it in a great variety of senses, good and bad; I suppose Jones ought to have been permitted him­self to define in what manner he would draw up with Dod, perhaps he de­signed by benefits to draw on his repentance.

Answer.

5. To them that know not our Surinam dress, it may seem odd for a man to travel with his naked rapier; but let the Reader understand, that the going without a sword was not more common; for those that had been there many years, constant use had worn out their scabbards, and there were neither shops nor Artists to renew them: wherefore it was very usual to stick somewhat upon the point of their rapier, to prevent a casual injury to themselves, or their associates, and so to wear them either in their hands, or by their sides.

By the questions Jones made with this Deponent it should seem he was ignorant whether Mr. Mashart had any thing to do with seizing the Shal­lop, and consequently, it could not be a design of long contrivance, nor in­tend ought against the Colony; for them me-thinks Jones (who was disco­vered one of the first in plotting that countreys ruine) should not now, in the execution of it, have been omitted. But how shall we understand these unadvised speeches of Jones, a single man armed onely with a rapier? they are laid to be uttered the 25. of November: when Usher had already recovered the Shallop, and Byam, with his guard of Janisaries, taken her seizers, (as Sect. 12, 13.) The worst that can be thought of it is, that, as in the former deposition we finde Jones revengefull of an injury, so here he is the like of a benefit: Mashart had endangered himself in his behalf, and now he would sacrifice himself to evidence his gratitude: for other he could not hope in thrusting himself into the crouds of his armed enemies.

I have a little inverted the order which Byam rangeth these depositions in; because these two being lodged in one censure together, I would joyn their charge, that the Reader might the better take the parallel between their fact and punishment. Here then is their whole impeachment, both matter and form: (onely that we shall by and by finde Mr. Mashart in the number of them that took the Shallop) and for this they received (as Byam stiles it) this moderate sentence.

By the Governour and General Assembly.

It is ordered by the Authority aforesaid, that Mr. Michael Mashart, and Mr. Daniel Jones pay unto the publick five thousand pounds of sugar, and be secured in irons under a strong guard, and be sent off in the first ship that shall sail hence for England, or Barbadoes; and not return for five years after the date hereof, without his Majesties special order: it be­ing [Page 31]made sufficiently evident that the said Mashart and Jones, have been and are, most seditious, rebellious, obstinate and dangerous persons to the Authority of this Colony. Dated 30. Novemb. 61.

William Byam.

And whatever sense may at first sight seem in those words relating to the fine, yet the Judges interpreted it to be five thousand pounds of sugar apiece, and accordingly exacted from their estates.

Answer.

6.7. The most material words in these depositions are those which me­nace the Colony: they are laid to be spoken the 13. of November, which was the time of my return from the Indian expedition; by the subsequent words in Lewis's oath [about finding his way out of prison] is proved that these discourses were occasioned from those threats we receiveá at our re­turn: on which, Crook might possibly say, if these doings break not the Colony, I will break my neck, or to that effect, which the swearers or takers have wrested to a worse sense. But admit he said onely as they swear, and meant what he said; Sir Orlando Bridgeman, in his excellent charge at the Old Baily; declareth, that in case of that prodigious treason of killing the King the Statute punisheth the bare imagination, but in all other ca­ses, saith he, our rule is, non officit con [...]us nisi sequetur effectus. And Win­gate discoursing upon this maxime, cites my Lord Coke (lib. 11. fol. 93. Bagges case) for this Law; Offices of trust shall not be forfeited, nor pri­viledges in a Commonwealth lost, by bare endeavours and intentions of doing acts contrary to that trust, and in prejudice to that Commonwealth; no, though those intents be published by evil threatning words, unless they be [Page 32]put in execution by some over-act. As to his endeavour of finding the way out of prison, if he were put in, I think it is too natural to be condemned: And I remember to have read, that if a Sheriff by warrant of law onely (not of record) arrest one for felony who is not guilty, he may rescue him­self. The words in Batsons oath, of [two men to conduct, &c.] are too ge­neral to prove any certain guilt: why might they not be spoken upon oc­casion of the present expedition we were just then returned from? Batson, wondring that when the rumours were so loud of the Indians malice and power, we would, yet, venture so farre into their quarters and bring away so eminent an Indian prisoner through all their towns, being a party of but twenty men; Crook, in a slighting the Indians force and exalting ours, might say [there were two men &c.] And indeed these words seem but part of a discourse, which must have somewhat precedent or subsequent to illustrate it; and I may well suspect that, though they would insert nothing that might render the speaker innocent, yet, they would not omit any thing that might make him guilty.

Answer.

8. This testimony clears that truth, that at our returne many were menaced with irons. &c. and thereby exasperated and urged to such passionated di­scourses as are here charged to them. Nor can I think (if any other con­sideration then the Governours want of Authority, and his usurping on the peoples priviledges, had provoked them to these ranting expressions,) that the speakers would have had so little moderation as thus publickly to di­scover their immature designe before those whom they knew the Governours spies; and at the same time put themselves out of their armes, and better posture of offence or defence; so farre am I from understanding these words as a least circumstance of any dark conspiracy against the Colony. And as to the last point of the impeachment [his saying something about break­ing the countrey] since the Deponent tells not what that something was; [Page 33]and since we may reasonably enough conclude that had it been any thing ill it would have been Recorded, we may from Crookes answer affirm, that Fabian declaimed against these doings as tending to the Colonies breach; for it is known the Colony was not [already broke] but in these Gentlemens contemplations on the issue of these commotions: and hence also may the sense and maner, in which Crooke denounced this breach, be illustrated.

Answer.

9. This was the evening of that day in which my Brother had dis­owned the Governours power at Toorárica convention; (Sect. 5.) retiring thence into a Tavern, this Deponent and some others urged him upon that point; and he being young and hot spirited retorted according to their urgings, as shaming to recede from his own publick assertion. But he had the pardon of his judges and therefore needs the less of my labour.

Answer.

10, 11. The words of illest sound in these, and the former, Depositions being charged to my Brother, I shall a little the more largely declare how he came to be cleared: Byam and Marten being wrought upon by the tears of a Jew, who had great prevalencies on them, and as great affections for my Brother, they were resolved not to urge any thing against him but those words concerning the King: in which also they purposed to allow him all liberty to clear himself, if possible: being therefore called before them, the first evidence he brought for himself was the constant loyalty, which, to the knowledge of his Judges, he had expressed towards his Sacred Maje­sty, even in such times as it was dangerous to own affection or esteem: 2. Quintyn upon his oath had declared, that he knew nothing of these words though in the same society: nay more, he had owned to the Gover­nour that himself spoke what was said of the King (though far from a de­basing of Majesty) and that he received a check from my Brother for na­ming the King at such a time and place. 3. Mr. Neal was ready to aver the same: a rational person, and who at that time had mixed in much se­rious discourse with my Brother. These negatives satisfied the Judges, and my Brother was discharged on no other conditions than not to come near me, nor any of the prisoners. And that it may appear how little these de­linquents [Page 35]did design a forceable maintaining their disputes, I shall trouble the Reader with a letter which my Brother sent to me upon occasion of these words, when he yet expected not so sudden an imprisonment: Byam hath seen it, and may remember the contents.

This came to my hands the 22, of November, the day before the Shal­lop was taken; when I was arrested it was in my pocket: which, by By­ams commands, being searched, this was taken out and carried to him; who perused it and returned it to me again.

But how well soever my Brother scaped, this deposition must retain its force against Captain Straunge, and Mr. Archer, to whom those words, they would have club-law, and, if there were either drums or trumpets to be got they would sound them, were reckoned with all possible aggravations; which, that they might not loose their weight, the prisoners are hurried in­to irons assoon as they appear, before they can open in a defence: who else had this to plead for themselves: Lubricum linguae non facile in poenam est trahendum; this was Tavern-discourse into which they were quareled, and urged by reflections on their lost priviledges: at worst, they were but evidences of their evil intents, of which it was a great argument that they had repented, in that, when so suddenly after they had arms put into their hands, and a good occasion for successfully beating up their drums (Sect. 7.) they employed both in the Countries service, honour, and security. Besides, [Page 36]to them that know that the Colony had neither drum nor trumpet in it, that expression may rather seem a scoff than a threat.

And since Byam here takes such strict accompts of words, we may re­member him how he hath heard the Saviour of the world worse than blas­phemed, his enemies the Jews crying shame at the fact and connivance; and how himself hath laboured the Judge (even while himself was Governour) to pronounce a remission: giving such publick countenance to the blasphe­mer as his very adorer Usher condemned: And how frequently he hath been delighted with Martens witty prophanations of the sacred Christian Reli­gion, atheistically, with scoffs, controverting all its most reverend, most universally embraced, and most comfortable Credenda; seldome sparing his God in his jest. Since he is now become so severe a punisher of words (and of words, whose horridity (to use his own phrase) is infinitely inferi­our to those which moved him less) let him be so ingenuous as to let his own mouth as well condemn him of partiality, as my very charity perswades me his conscience does.

Answer.

12, 13, 14. Not content with that evidence which testified the whole substance of the fact of these men, the same Deponent is brought the second time, to enlarge his oath with circumstances; It seems he did not swear the whole truth before, and, to mend that fault, now, I fear, hath sworn more than the truth. And when the Reader considers this double swear­ing, when he is told that the Deponent is a Dutchman, part-owner of the Shallop, who is to testifie against English men whom he hath already con­cluded to intend his ruine (not being made privy to their other ends) let him perpend how far revenge of an injury in one of a divers nation, and hopes of repair for that injury, meeting with a Judge who called for the worst that could be spoken, may operate against an absent and already con­demned delinquent. But having been already very particular in the relation of seizing this Shallop, and the purpose of it (which is illustrated from ma­ny parts of these depositions) I shall onely trouble the Reader with a few things which I reserved to this place. And first, that of opening the chest, and sharing the clothes: had he had as much truth as malice, he would al­so [Page 38]so have sworn that the clothes were all put up again, and nothing diminish­ed but an old clout given to an Indian, for which a treble return was of­fered. I am sure both Cryn and Reyner did acknowledge as much to me while I was a prisoner aboard them. 2. For the shoes; Captain Straunge, being to go to fetch some arms (a sign they brought none with them) and wanting shoes (the then epidemic distress of the Colony) borrowed Ca­ptain Crooks; and Captain Crook put on a pair which he found lying on the deck: of which he afterwards (upon surrender of the vessel) acquaint­ed Major Usher, and had his leave to wear them up to Mr. Wroths, 3. To the tying and burning with match; Captain Crook had a cotton match in his hand to light his Tobacco (a sort of match which takes fire and burns after the manner of tinder, and is therefore of necessary use for travellers in those parts) one of the company asked this Deponent where the powder lay? he standing silent, Crook flaps him in the face with this cotton match, and asketh him why he doth not speak? And after when Crook at his tryal asked Duke (who stood to justifie his former oath) whether he opened his doublet to burn him on the breast, for, saith he, you had a doublet on? Duke stood silent and non-plust: And that mark of burning which he shewed, was such a spot as remains after a new-skin'd gall, and had no rawness nor loose skin upon it or near it. But grant all this done in the very manner here mentioned; it was but a trespasse, for which the parties grieved might have had their action, or at worst an indictment, which they would hardly in equity, have been permitted to prove by their own oaths. The rest of the things either make for us, and so are already instanced in, or else they are ridiculous. and so not worth the answering.

And now the Reader hath the whole charge against these Delinquents, and the very form in which it was preferred: therefore I shall desire him to view it throughly, whether there be that malignity in it which Byam declaims against? or whether he can in all these Depositions finde any thing to ground that assertion upon (Sect. 6.) that we were resolved to unhinge the frame of authority; upon no other score than to bring all things into disorder, and out of the troubles patch up our decaying fortunes? or whether he can finde that confession of theirs (Sect. 12.) that in taking this Shallop, they designed to arm and congregate themselves against his Majesties power? or any of those plots (Sect. 13.) to r'ally all possible force to guard the river, to keep boats from the meeting, to seiz Byams per­son, &c. I shall readily confesse that after a particular perusal I can finde nothing like all or any of this, nor any other guilt than some innocent arts to recover their liberty, and some vehement expressions of their discontent to be deprived of their priviledges, and subjected under an arbitrary usurp't [Page 39]dominion; (for Right these rulers had none from the constitution of the Colony, and his Majesties Authority, or any other, did not appear in it at all.) But, lest interest cloud my eye, I will leave it to the Readers clearer judgement. However upon these Depositions these following sentences were framed.

And least the Reader should have forgotten Mr. Needhams fact, it was, coming aboard the Prize with a launce and a pistol; but when he so suf­ficiently excused that, that Byam thought fit to discharge him; Marten told him it must not be, for he was a dangerous desperate person, and had threatned him, and therefore he thought himself insecure while the other remained in the Colony: These weighty reasons drew on this sentence. In­deed Marten had been unhandsomely liberal of his tongue both against this Gentleman and his Wife, (a faculty which his disesteem of every one, that admires not him, prompts him to exercise) And Needham was too chole­rick to intend him a Bastonado with silence, but must threaten it before­hand, and now is thus prevented.

Accordingly were these unfortunate Gentlemen shackel'd like felons and exposed to the derision of the ill-discerning rabble; kept about a fortnight under a numerous guard commanded by Usher, and abused to the infaming of the gentility, if not humanity, of those who countenanced, or rather en­joined their sufferings: and then at last with an armed force were thrust aboard a rotten, leaky, broken-back't vessel, with wives and children, their enemies being deaf to their protests, nay, bespattering those protests with the defames of a revived mutiny. They had not been three dayes at sea when, the vessel being ready to sink under them, they were glad to run [Page 40]her on the nearest shore, which proved an adjacent Colony of the Dutch, in whose Port she lodged unfit for a further voyage. Hence Mr. Need­ham, as least criminal, adventured up to Surinam in an Indian boat to crave leave of return for the rest, at least on Bail, till they could ship themselves for some Port of their nation; or, if that would not be granted, permission to remain in some nearer river where they might have greater hopes for transport, but could prevail in neither. Nay Byam and His la­bored with the Dutch for their proscription thence also; who, abomina­ting the virulence of his malice, increased their civility: thus they labour to reduce these innocents to an impossibility of publishing their sufferings, and would have been beholding to any chance that would dip it self in their bloud, and yet take the hazard and the punishment from them; less solici­tous to justifie their actions before God then man.

I cannot but here, by the way, admire the constancy of some mens fate; among these gentlemen were divers who, for standing in defence of the Royal Prerogative, of the peoples just priviledges, and in resistance to an usurp't dominion usher'd in by a subversion of legal rights, had, after many hazards and sufferings, by banishment from their native England as traitours and rebels been exposed to all the infortunes of needy wanderers; and these are now, for the same vertues, re-banished with the same brands upon them; and put to repeat, or rather to perpetuate their never-past ca­lamities.

Answer.

15, 16, 17. That particular in these Depositions, viz. of assisting them with life and fortunes (which I onely controvert) I suppose was grounded on an ill understanding or hearing of my discourse with Captain Story, to whom I said, that if he would grant the custody of the Prisoners to me I would engage my reputation, faith, life and fortunes for their forth-coming to a legal tryal: but be it as it may; the great crime inferr'd from hence is, that I being Lieutenant Collonel should countermand the Order of my Collonel &c. which some there, acquainted with little else but military punctilios, accounted so high a presumption (if not worse) that they con­cluded it could not merit lesse then a capital censure pronounced from a Martial Judicature. But (besides that I think it safe for all in Authority well to study the Exceptions from that general rule in the Petition of Right, before they too hastily Erect military tribunals; lest, e're they be aware, they subvert a fundamental law) I shall desire those rash sentencers to con­sider that a regulated Militia may be in a place where the inhabitants are not in a posture of warre nor under the Dominion of any, but the civil sword: and that in such a place, it is no intrenchment on the lawes of war, nor tryable in martial courts, if the inferiour Officer contest, though to actual violences, with his superiour: and such is the state of the present question; onely what makes it more strong on my part, his Commission for Collonel was actually determined by the express limitation of the Au­thority from whence he first and onely derived it; whereas it is controver­tible, whether I being, indefinitely, without such limitation, appointed [Page 42]Lieutenant Collonel of the Regiment and Judge of the Court of Common­pleas, by the Election and Act of the General Assembly (who could only appoint all inferiour Ministers) did not continue such, till the Act by which I was empowred were repealed. Nor would I from this assert, that I was more rightly in power then Byam (for God is my witness that very willingly I would have shaken the burthen of publick administrations off my shoulders; and the sensible part of that Colony know how industriously I have declined all those Employments: so farre was I from that ridiculous ambition of making my self Governour; to be disproved by many instan­ces, proved by none.) Let this truth onely take place, that neither of us had a just power, and then that objection against me hath lost its sting.

Yet, had their Authority been as legal as they could have desired it to be, my fact is but onely an attempt of rescous which was not effected; nor was any greater violence then of words, formed into perswasions and com­mands, employed on that attempt; no evill consequences followed it; the prisoners still remained in the custody of the guards, and those guards in­violated: certainly, if a simple rescous, though succeeded in, be not a crime for which a man must loose fame, liberty, estate and countrey, I am hardly dealt with, that have lost all these, and my ruine entailed on my children, for poorly attempting a Rescous with arguments onely.

But to make my fault yet less, they had no lawfull power; and acted by an illegal force to the destruction of the birth-right of their fellow subjects; which by this action of mine I endeavoured to prevent, and, had it succeed­ed, had certainly prevented it, and made up all these breaches; which was the onely end in my eye. And they that will from this onely fact, conclude that I excited to the causalities of these mens imprisonment, and bring no other instance for their so concluding, may as rationally affirm, that be­cause a man endeavours to worke the escape of his friend, therefore he acted with him in what drew on his restraint.

I have already particularized in my tryal, where the onely sentence pro­nounced to my ear was to be laid in the hold in irons, which was presently executed; but about ten dayes after the Secretary brought me their whole condemnation (dated, and I believe decreed, before my day of hearing) in these words.

At the instant of my receiving this I paid down my fine and took the Treasurers discharge, hoping that I might have prevailed to have been sent off to Barbados with the other Gentlemen, and so have been the sooner freed from my hateful restraint, and their power also among whom I thought my life not over-secure.

And were I as earnest to make my enemies odious as they are to befilth us with any sort of dirt, I could bring fair evidences of a Practice against me whose barbarisme exceeds any yet instanced in. But though it concernes them, in the part they have to act, to make us at least seem criminal; (to doe which they therefore gladly recurre to every, though improbable, ca­lumny) to me it is sufficient that I appear innocent: wherefore I shall not lengthen my discourse with any digression not absolutely pertinent to my justification, though it conduce largely to their blackning; That, if I appear faultless, being fully enough effected by such usage of me as themselves do own. I hartily forgive the intention who ever was guilty of it, and desire God may do so too: 'tis enough for me that I am safe.

Often did I labour by letters to Byam to purchase the favour of as speedy a banishment as my Compeers were like to enjoy, and as often had my suit rejected; The Councel was courted, but with like success; the General Assembly, forsooth, had determined my punishment and they onely could retract the Order. To them I therefore applyed my self for permission to goe to Barbados: my importunity at length prevailed, and on the 25^th. day of January, in the close of the day, I was put aboard a ship bound for that Island: the first minute of liberty I enjoyed since the 26^th. day of Novemb. in the morning; two or three dayes of which I was shut up in the stinking hold of the shallop, & all the rest of the time laden with villeinous shackles: but by this detention I escaped those calamities which my brethren in exile were, by reason of the craziness of their vessel, exposed unto; and arrived safely at Barbados and from thence hither to England before any news could informe me that they were yet among the living. And thus after an expence of nine years pretious time, in all which with an unaltered con­stancy I laboured in that Colonies promotion, and, to the frequent hazard [Page 44]of my person and detriment to my estate, acted more in the publick con­cernes then any one Gentleman besides, and with less consideration for my self; now, when I just began to taste the fruits of my so long toil, I am thrust from thence and them with a violent Impulsion, for no other cause but o­ver-tendering the lives of my dearest friend and nearest relation; which, rationally enough, I imagined on the precipice of danger. I considered a taken life like split water was never to be gathered up again; & knowing that there was both justice and vertue in making their rescous, the pleasure of preserving lives so dear, wing'd me for the attempt, and tangled me in the toyles of my deadly-hating enemies. I, who glory in nothing so much as an untainted loyalty, whose most certain religion is obedience to the law­full Power, who onely out of veneration to the name of his sacred Majesty had subjected my self to less then the shadow of his Proclamation, to some­thing less then the aire of his commands, a Nothing which had usurp't his name; to whom I was hitherto complyant in all things, and had still so been had not such lives, so illegally, been threatned; must fall now with those abominated imputations of faction, sedition, treason, and rebellion; so ab­horrent from my soul, cast on me to hurry me into the deepest abyss of in­famy: and all this for endeavouring to fly the persecution of an usurping Tyrant. But my great consolation is, the same imputation, by the same sort of men, cast on thousands that acted the same things, have, for many lustres of years, been the onely crown for the most prodigious loyalty: and 'tis possible the same planet still retains some vigour of its Malignancy, especially at so great a distance from the Royal beams.

And, indeed (if it be not criminal to confess so much) I was not less mo­ved with the consideration of the danger our most sacred laws were in (to which I was sworne a Magistrate acting by vertue of a Power derived from the Delegates subordinate to our soveraign lord the King) then I was with natural inclinations to my perishing intimates. Having alwaies been loyal (or a traitour if I may so speak in the Dialect of those times) when those Infamous rebels of our last age, without and against the King, made the ruine of our fundamental sanctions, the ground-work of their usurp't dominion; I durst not become disloyal, or really a traitour, now, when those same lawes were trampled on to the same end, by abetting these usur­pers; so much the more infamous for pretending (to His greater indigni­ty) to act by the Kings Authority. And therefore I rather chose by a single opposition to fall in defence of our Soveraigns honour and laws, then to troop with them from whom I alwaies had a natural aversation. And I count it something of glory, that since in the times of need I lay under the imperfections of non-age and absence, and could not therefore, [Page 45]act my affections to the Royal cause, I am yet, in the last hour of the day, thought worthy of those titles, which (though in themselves the highest scan­dals) are yet by glorious accidents become the most honourable additions to his Majesties most constant servants.

I have onely to speak to the Conclusion of Byams Declaration, and so shall take leave of my Reader.

Answer.

Sect. 1 He neither inserts our objections truly nor fully; for we objected that the Constitution of the Delegates was, that yearly the people should by their Election renew the whole Authority, both Governour, Councel, and Assembly: and that the Delegates did so decree we prove from Byams last Commission, dated the 15^th: of June 1660. by the onely vertue of which both he and this whole General Assembly got possession of the Government; in which Commission their decree is expressed in these plain english words. That the free-holders of each Division doe, annually, upon the first wednes­day in June, meet; and, by their free voices, elect three able, honest, di­screet men, free-holders and inhabitants in their respective Divisions, to be their Representatives for the following year, that these The Divisions were in numb. seaven. twenty one Re­presentatives be the General Assembly, in whom is the supream Power and Government of this Countrey both Legislative and Magistratical (with subordination and subjection to the soveraignty and lawes of England, as in the Preamble) and that They meet the second wednesday in June at the publick place at Toorárica, and there appoint from amongst themselves a Governour for that year &c. So that by this Act, the former custome, which he hinteth at, viz. [of the peoples first choosing the Delegates, then the Delegates choosing the Governour, the Governour his Councel, and, after that, the people to meet again to elect their Assembly men] was discontinued; and this other forme ordained to all futurity till determined by the commands of our soveraign. And though Byam pretended to those commands, yet he may remember (for he accuseth us of it, Sect. 8.) that the foundation on which we firmed our objection was, that his Majesty had not yet determined this constitution by his Royal commands. That very Governour, indeed, and General Assembly, to whom [Page 46]the Government was committed by these same Delegates (at the instant when they made this Establishment) for that year and no longer, so abused the trust reposed in them that in their very first year they passed an Order for their own perpetuation; to which when we objected, that they, being an inferiour power to that of the Delegates from whom they had their be­ing, could not annull their sanctions; they confuted us by armes, irons, fines, and banishment.

Answer.

Sect. 2. He should grant, as I said before, that the representatives, in whom was the Government, were to be yearly elected, and that they from amongst themselves were to name a Governour at a day certain (who was no other but their president or speaker; and so, at the meetings, stiled) And this establishment was made in June 1660. when the King was happily re­stored to the dominion of his people. And though indeed we then had no cer­tainty of his return, yet we knew how far the ever-famous D. of Albemarle had acted in order to it; and that the Free-Parliament was actually sitting: nor was this establishment made in semblance to any form of government set up here at home in the times of the late usurpation; not any in that Co­lony (except the authour of this conclusion, if I guess right by the stile) ha­ving the least esteem of those destructive innovations; but rather in imitati­on of that constitution in Barbadoes, which is ruled by a Governour com­missioned from the Soveraign, a Councel of his own chusing, and an Assem­bly (two out of every parish) yearly elected by the people, which whole body is called the Governour and General Assembly. Now we wanting a Commission from the King, were forced to content our selves for the pre­sent with an Assembly onely, chosen by the people, who for order sake (as those in Barbadoes do) made one of themselves the Speaker, and, the bet­ter to attract the peoples reverence, gave him the title of Governour. And because upon every emergency to convent this whole body, was thought a [Page 47]trouble and inconveniency, therefore they permitted the Governour to name six of these representatives (one out of each division his own excepted) to be his Councel and advise with him in the regulating the Colony according to the Laws of England, and the By-laws of this General Assembly. Now upon the whole matter the questions are, whether the inhabitants of the Co­lony of Surinam being left without conduct, might not agree amongst them­selves on some form of rule to which they would submit till concluded by their Soveraign: &, whether those that were put into authority by such com­pact were not bound thereby? If it be answered negatively, then Byam and the rest had never any rightfull authority; if affirmatively, then their au­thority expired in June 62. and in either case whatever was said or done against them at this time, could neither be sedition nor opposition; nay, for­asmuch as it appears that they made the first assault, by imprisoning Jones, and endeavouring the like to others, whatever those persons, so assaulted and prosecuted, did act, attempt, or intend was onely to defend themselves from their unruly neighbours. And so much doth our natural ligeance to our Soveraign (of which neither time nor place can discharge us) entitle us to the Royal Protection, and the being English men, to the priviledges of our Charter; that I cannot think a company of us can in any part of the world be so left to our selves, as that the greater number may impunely invade the rights of the less, and destroy them in person, honour, liberty, and estate: Especially when we had agreed amongst our selves (and sealed that agreement by proclaiming his Majesty, and swearing allegiance to him) to retain our King, our allegeance, and our laws. Nor can it be rationally affirmed that our proclaiming the King altered our constitution, unless we had unitely agreed that it should do so; for we had in general terms before subjected our selves and constitution to the Soveraign power of our Nation, and that after proclaiming of his Sacred Majesty was onely an acknow­ledging that such a particular person was our Sovereign; which could not void our contract, since one article of it was that nothing should void it but the Kings commands. And that we did not think the Kings coming in, or our proclaiming him, and annulling of our government, is evident from the Commissions which Byam (by order of the General Assembly) granted sometime after this; whereof I have two, whose stile is, By vertue of a power unto us from the delegates subordinate to our Soveraign Lord, Charles, &c. Nor do I finde (though it should invalidate the Delegates decree) how his Majesties restauration doth invest Byam, or any other par­ticular person, with the Government.

Answ [...].

Sect. 3. At length out comes the true reason for this establishment, but it is not remem­bred. 1. That Byam plaid the seditions person (when out of all publick emploiment) and raised many disputes against the power left in possession of the Government by Holdip (and therein continued by the peoples representatives) as not sufficiently authorized, instigating the people to an actual disobedience. Nor, 2. That, though at that time I had the sword of that authority in my hand, and the authority to back me, yet I did not drive him into exile, but made way for him to the Chair, by perswading those that sate in it to descend, and give the people leave to place in it whom they liked best. Nor, 3. That after all this (notwithstanding the a [...]mes he had particularly against me in all his m [...]vings to sedition, in emulation of my eminency, and disdain of his own nullity) I laid on many on that heap of votes which mounted him to his height; therein consulting the Colonies, not my own, advance; this person being of so restlesse an Ambition, that if he ruled not all there was no ruling him. But of this no more.

He thus coming to the possession of the Government, labours every year to be perpe­tuated without an annual standing candidate; and at last fearing to hazard himself longer on the unconstant multitude (elated also with the conscience of his sufferings and service in the Royal cause) saies, I will continue, and I will say the King hath so commanded; and I will with force drive away all those that have hitherto, and still shall, impede me herein, be their constant loyalty never so exemplar. For what is all this talk of the Kings proclamation but Byams ipse dixit? Nay, what is it else but a meer fiction, raised from a presumption that (probably enough) the King in this so great a change might so proclaim? And these ela­borate Arguments (or more trulyMajor Noel the scribler of this Conclusion; a worship­per of O. Cromwel, and trium­pher (in his motto) over the martyred Charles with devict [...] hoste libertate donati. Noellian Inganneations) drawn from this supposal, are but like those about the Golden tooth, which proved at last a forgery. But though to expend wit on an erroneous principle may consist with inno­cence, yet to joyn with those whom onely forgetfulness hath left out of the list of traytours and rebels in bespotting a pre­cise, never-varied loyalty, with the abominated aspersions of Treason and Rebellion, pulling Ruine on whole families, and all by a mistake (should I exclude malice) cannot but by justice be condemned as a criminal temerity.

I need not controvert the Law our Surinam Iudge so Magisterially concludes with; but shall onely add these few assertions out of Iudge Ienkins, fol. 195. &c. To alter the esta­blished Lawes in any part by force is High Treason: To usurp the Royal Power is High Treason: To subvert the Fundamental lawes is High Treason. A necessity of a mans own making doth not excuse him. Presentment, or tryal by Iury is the Birth right of the subject. Magna charta, the Petition of Right, and other good laws of this land ordain, that all mens tryals should be by the established laws and not otherwise, they are the ve­ry words of the Petition of Right. An Act of Parliament that a man should be judge in his own cause is a void Act. ib. fol. 139. The common law of this land is, that every Free­man is subject to a tryal by Bill of Attainder in Parliament, wherein the King and both Houses must necessarily concur, for that tryal is an Act of Parliament to which all men are subject: But otherwise no man shall be destroyed, &c. but by the lawfull judgement of his Peers, or by the Common law of the land. ib. fol. 93.

The Governour and General Assembly (as they call themselves) of Surinam do here confess that in our tryal and punishment they have usurped a Power equal, if not supe­rior to that of the King and both houses of Parliament, subverted the fundamental Laws, end by force of an Army altered the established Lawes of England in the whole.

From my own reading I shall subjoine this, to discharge men guilty of Treason and Felony, is Treason and Felony: Byam &c. have accused us of both, punished us for neither: if we be guilty, they are answerable for not bringing us to a tryal; if we be innocent, they are puilty of conspiracy: nor can they avoid this Dilemma by objecting our Irons, Fines, [Page 50]and Banishment, for all lawyers know these are not the punishments for treason nor felo­ny; nor had we the tryal due to either: they did this way indeed revenge themselves on some for endeavouring to unfix them in their usurp't dominion, and on me for labouring to disappoint them of their revenge, which may, possibly, be termed an inconsiderate, can­not rationally be censured a criminal attempt.