Matters objected against Sir Edmund Androsse, Mr. Joseph Dudley, Mr. Palmer, Mr. Randolph, Mr. West, Mr. Gra­ham, Mr. Farewell, Mr. Sherlock and others, as occasions of their Imprisonment in New England.

1. IT is objected against Sir Edmund Androsse, that he being Governour of the Massachusetts Colony after notice of His present Majesties intention to land in England, issued out a Proclamation, requiring all persons to oppose any descent of such as might be authorized by him, endeavour'd to stifle the News of his Landing, and caused him that brought this Kings Declaration thither to be imprisoned as bringing a Se­ditious and Treasonable Paper.

[Page 3]2. That in the time of his Government, he without form or colour of legal Authority made laws destructive of the Li­berty of the People, imposed and levied Taxes, threatned and imprisoned them that would not be assisting to the illegal Levys, denied that they had any Property in their Lands with­out Patents from him, and during the time of actual War with the Indians, he did supply them with Ammunition, and several Indians declared, that they were encouraged by him to make War upon the English, and he discountenanced making defence against the Indians.

3. As to all the other persons imprisoned, they were Ac­complices and Confederates with Sir Edmund Androsse, and particularly Mr. Dudley, Mr. Randolph, and Mr. Palmer were of his Council, and joined with him in his Arbitrary Laws and Impositions, and in threatning and in punishing them who would not comply. Mr. West was his Secretary, and guilty of great Extortion, and gave out words which shewed himself no Friend to the English. Mr. Graham was his At­torney at one time, and Mr. Farewell at another, both con­cerned in illegal proceedings destructive of the Property of the Subject. Mr. Farewell prosecuted them who refused to comply with the Illegal Levies, and Mr. Graham brought se­veral Writs of Intrusion against men for their own Land, and Mr. Sherlock, another person imprisoned, though not named in the Order, acted there for some years as an High Sheriff, though he was a stranger in the Countrey, and had no Estate there, during his Shrievalty he impannelled Juries of Strangers, who had no Free-hold in that Countrey, and extorted unrea­sonable Fees.

John Winslow aged 24 years or thereabouts, testifieth and saith, that he being in Nevis some time in Febru­ary last past, there came in a Ship from some part of England with the Prince of Orange's Declarations, and brought news also of his happy proceedings in England with his entrance there, which was very welcome News to me, and I knew it would be so to the rest of the people in New England; and I being bound thither, and very willing to carry such good news with me, gave four shillings six pence for the said Declarations, on purpose to let the people in New England understand what a speedy deliverance they might expect from Arbitrary Power. We arrived at Boston Harbour the fourth day of April following, and assoon as I came home to my house, Sir Ed­mund Androsse understanding I brought the Prince's Declarati­ons with me, sent the Sheriff to me; so I went along with him to the Governours house, and assoon as I came in, he asked me why I did not come and tell him the news. I told him I thought it not my duty, neither was it customary for any Pas­senger to go to the Governour when the Master of the Ship had been with him before, and told him the news; he asked me where the Declarations I brought with me were, I told him I could not tell, being afraid to let him have them, because he would not let the people know any news. He told me I was a Saucy fellow, and bid the Sheriff carry me away to the Justices of the Peace, and as we were going, I told the Sheriff, I would choose my Justice, he told me, no, I must go before Doctor Bullivant, one pickt on purpose (as I Judged) for the business; well I told him, I did not care [Page 6] who I went before, for I knew my cause good, so soon as I came in, two more of the Justices dropt in, Charles Lidget and Francis Foxcroft, such as the former, fit for the purpose, so they asked me for my Papers, I told them I would not let them have them by reason they kept all the news from the people, so when they saw they could not get what I bought with my money, they sent me to Prison for bringing Traiterous and Treasonable Libels and Papers of News, notwithstanding, I of­fered them security to the value of two thousand pounds.

Complaints of great wrongs done under the Ill Government of Sir Edmund Androsse Governour in N. E. in the year 1687.

We John Wise, John Andrews senior, Robert Kinsman, William Goodhue junior, all of Ipswich in New England, in the County of Essex, about the 22d day of August, in the year above named, were with several principal Inhabitants of the Town of Ips­wich met at Mr. John Appletons, and there discoursed and con­cluded that it was not the Towns Duty any way to assist that ill method of raising Money without a general Assembly, which was apparently intended by abovesaid Sir Edmund and his Council, as witness a late Act issued out by them for such a purpose. The next day in a general Town-Meeting of the Inhabitants of Ipswich; We the above named John Wise, John Andrews, Robert Kinsman, William Goodhue with the rest of the Town then met (none contradicting) gave our assent to the vote then made.

The ground of our trouble, our crime was the Copy trans­mitted to the Council, viz. At a Legal Town meeting Au­gust 23. Assembled by vertue of an Order from John Ʋsher Esq Treasurer for choosing a Commissioner to join with the Select men, to assess the Inhabitants according to an Act of his Excellency the Governour and Council for laying of rates; the Town then considering that the said Act doth infringe their Liberty, as free born English Subjects of His Majesty by inter­fering with the Statute Laws of the Land, by which it was Enacted that no Taxes should be Levied upon the Subjects without consent of an Assembly chosen by the Freeholders for assessing of the same, they do therefore vote that they are not willing to choose a Commissioner for such an end without said priviledge; and moreover consent not that the Select men do [Page 10] proceed to lay any such rate until it be appointed by a general Assembly concurring with the Governour and Council. We the complainants with Mr. John Appleton and Thomas French all of Ipswich were brought to answer for the said vote out of our own County, thirty or forty Miles into Suffolk, and in Boston kept in Goal, only for contempt and high misdemeanours as our Mittimus specifies, and upon demand, denied the priviledge of an Habeas Corpus, and from Prison over ruled to answer at a Court of Oyer and Terminer in Boston aforesaid. Our Judges were Mr Joseph Dudley of Roxbury in Suffolk in New England, Mr. Stoughton of Dorchester, John Ʋsher of Boston Treasurer and Edward Randolph. He that officiates as Clerk and Attorny in the case is George Farwel.

The Jurors only twelve men and most of them (as is said) Non-freeholders of any Land in the Colony, some of them Strangers and Forreigners, gathered up (as we suppose) to serve the present turn. In our defence was pleaded the repeal of the Law of Assessment upon the place. Also the Magna Charta of England, and the Statute Laws that secure the Sub­jects Properties and Estates &c. To which was replied by one of the Judges, the rest by silence assenting, that we must not think the Laws of England follow us to the ends of the Earth, or whither we went. And the same person (John Wise above­said testifies) declared in open Council upon examination of said Wise; Mr. Wise you have no more priviledges left you, than not to be sold for Slaves, and no man in Council contra­dicted. By such Laws our Trial and Trouble began and end­ed. Mr. Dudley aforesaid Chief Judge, to close up the debate and trial, trims up a speech that pleased himself (we suppose) more than the people. Among many other remarkable Pas­sages, to this purpose, he bespeaks the Jury's obedience, who (we suppose) were very well preinclined. viz. I am glad, says he, there be so many worthy Gentlemen of the Jury so capa­ble to do the King service, and we expect a good Verdict from you, seeing the matter hath been so sufficiently proved against the Criminals. Note the evidence in the case as to the substance of it, was that we too boldly endeavoured to per­swade our selves we were English Men, and under priviledges: and that we were all six of us aforesaid at the Town meeting [Page 11] of Ipswich aforesaid, and as the Witness supposed, we assent­ed to the foresaid Vote, and also that John Wise made a Speech at the same time, and said we had a good God, and a good King, and should do well to stand for our Priviledges. — Jury returns us all six guilty, being all involved in the same Information. We were remanded from Verdict to Prison, and there kept one and twenty days for Judgement. There with Mr. Dudley's approbation, as Judge Stoughton said, this Sentence was passed, viz. John Wise suspended from the Mi­nisterial Function fine fifty pound money, pay cost, a thousand pound bond for the good behaviour one year.

John Appleton not to bear Office, fine 50 l. money, pay cost, a thousand pound bond for the good behaviour one year.

John Andrews not to bear Office, fine 30 l. money, pay cost, five hundred pound bond for the good behaviour one year.

Robert Kinsman not to bear Office, fine twenty pound mo­ney, pay cost, five hundred pound bond for the good behavi­our one year.

William Goodhue not to bear Office, fine twenty pound mo­ney, pay cost, five hundred pound bond for the good behavi­our one year.

Thomas French not to bear Office, fine 15 l. Money, past cost, 500 l. bond for the good behaviour one year.

The Total Fees of this case upon one single Information de­manded by Farewell abovesaid amount to about a hundred and one pound seventeen shillings, who demanded of us singly about sixteen pound nineteen shillings six pence, the cost of Prosecution, the Fines added make up this, viz. Two hundred eighty and six pounds seventeen shillings money.

Summa Totalis 286 l. 17 s.

To all which we may add a large account of other Fees of Messengers, Prison charges, Money for Bonds and Trans­cripts of Records, exhausted by those ill men one way and ano­ther to the value of three or fourscore pounds, besides our expence of time and imprisonment.

We judge the Total charge for one Case and Trial under one single Information involving us six men abovesaid in ex­pence of Time and Moneys of us and our Relations for our ne­cessary Succour and Support to amount to more, but no less than 400 l. Money.

[Page 12]Too tedious to illustrate more amply at this time, and so we conclude. John Wise, John Andrews Senior, William Good­hue Junior, Thomas French, these four persons named, and Robert Kinsman.

Being called by those in present Authority to give my Te­stimony to the Discourse between Sir Edmund Androsse and my self, when he came from the Indian War, as he passed through Salem going for Boston in March 1688/9. I cannot re­fuse it, and therefore declare as followeth, what was the sub­stance [Page 13] of that Discourse. Sir Edmund Androsse then Gover­nour being accompanied with the Attorney General Graham, Secretary West, Judge Palmer, the Room being also full of other people, most of them his Attendants, he was pleased to tell me, he would have my judgment about this question; Whether all the Lands in New-England were not the Kings? I told him I was surprized with such a question, and was not willing to speak to it, that being a Minister, if it was a questi­on about a matter of Religion, I should not be averse, but this being a State matter, I did not look upon it as proper for me to declare my mind in it, therefore entreated again and a­gain that I might be excused. Sir E. A. replied and urged me with much importunity, saying, Because you are a Mini­ster, therefore we desire to know your judgment in it, then I told him, if I must speak to it, I would only speak as a Mi­nister from Scripture and Reason, not medling with the Law. He said, the Kings Attorney was present there to inform what was Law. I then said, I did not understand that the Lands of N. E. were the Kings, but the Kings Subjects, who had for more than Sixty years had the possession and use of them by a twofold right warranted by the Word of God. 1. By a right of just Occupation from the Grand Charter in Genesis 1st and 9th Chapters, whereby God gave the Earth to the Sons of Adam, and Noah to be subdued and replenished. 2. By a right of purchase from the Indians, who were Native Inhabi­tants, and had possession of the Land before the English came hither, and that having lived here Sixty years, I did certain­ly know that from the beginning of these Plantations our Fa­thers entered upon the Land, partly as a Wilderness and Va­cuum Domicilium, and partly by the consent of the Indians, and therefore care was taken to Treat with them, and to gain their consent, giving them such a valuable consideration as was to their satisfaction, and this I told them I had the more certain knowledge of, because having learned the Indian Lan­guage in my younger time, I was at several times made use of by the Government, and by divers particular Plantations as an Interpreter in Treating with the Indians about their Lands, which being done and agreed on, the several Townships and proportions of Lands of particular Men were ordered, and [Page 14] setled by the Government of the Countrey, and therefore I did believe that the Lands of New-England were the Subjects Properties, and not the Kings Lands. Sir E. A. and the rest replied, That the Lands were the Kings, and that he gave the Lands within such limits to his Subjects by a Charter upon such conditions as were not performed, and therefore all the Lands of New England have returned to the King, and that the Attorney General then present could tell what was Law, who spake divers things to the same purpose as Sir E. A. had done, slighting what I had said, and vilifying the Indian Ti­tle, saying, They were Brutes, &c. and if we had possessed and used the Land, they said we were the Kings Subjects, and what Lands the Kings Subjects have, they are the Kings, and one of them used such an Expression, Where-ever an Eng­lishman sets his foot, all that he hath is the Kings, and more to the same purpose. I told them that so far as I understood, we received only the right and power of Government from the Kings Charter within such limits and bounds, but the right of the Land and Soil we had received from God according to his Grand Charter to the Sons of Adam and Noah, and with the consent of the Native Inhabitants as I had expressed be­fore. They still insisted on the Kings right to the Land as before, whereupon I told them, I had heard it was a standing Principle in Law and Reason: Nil dat qui non habet; and from thence I propounded this Argument; he that hath no right, can give no right to another, but the King had no right to the Lands of America before the English came hither, there­fore he could give no right to them. I told them, I knew not of any that could be pleaded but from a Popish Principle, that Christians have a right to the Lands of Heathen, upon which the Pope as the Head of the Christians had given the West Indies to the King of Spain, but this was disowned by all Protestants. Therefore I left it to them to affirm and prove the Kings Title. They replied and insisted much upon that, that the King had a right by his Subjects coming and taking possession of this Land. And at last Sir E. A. said with indig­nation, Either you are Subjects or you are Rebels, intima­ting, as I understood him according to the whole scope and tendency of his Speeches and Actions, that if we would not [Page 15] yield all the Lands of N. E. to be the Kings, so as to take Patents for Lands, and to pay Rent for the same, then we should not be accounted Subjects but Rebels, and treated ac­cordingly. There were many other various replies and an­swers on both sides, but this is the sum and substance of that discourse —

John Higginson Minister in Salem personally appeared be­fore me, Dec. 24. 1689. and made Oath to the truth of the abovesaid Evidence —

Captain Stephen Seawall of Salem appeared before me, Dec. 24. 1689. and made Oath to the truth of the abovesaid Evi­dence.

Joseph Lynde of Charles-towne in the County of Middlesex in N. E. being fifty three years of age, testifieth and saith, That in the year 1687. Sir Edmund Androsse then Governour of New-England did inquire of him the said Lynde what Title he had to his Lands, who shewed him many Deeds for Land that he the said Lynde possessed, and particularly for Land that the said Lynde was certainly informed would quickly be given a­way from him, if he did not use means to obtain a Patent for it. The Deed being considered by Sir E. A. he said, it was worded well, and recorded according to N. E. custom or words to the same purpose. He further enquired how the Title was derived he the said Lynde told him, That he that he bought it of had it of his Father-in-law in Marriage with his Wife, and his said Father from Charles-towne, and the said Town from the General Court grant of the Massachusetts Buy, and also by purchase from the Natives, and he said, my Title were nothing worth if that were all. At another time after [Page 16] shewing him an Indian Deed for Land, he said, that their hand was no more worth than a scratch with a Bears paw, under-valuing all my Titles, though every way legal under our for­mer Charter Government. I then petitioned for a Patent for my whole Estate, but Mr. West Deputy Secretary told me, I must have so many Patents as there were Counties that I had parcels of Land in, if not Towns, finding the thing so chargeable and difficult I delayed, upon which I had a Writ of Intrusion served upon me in the beginning of the Summer 1688. the Copy whereof is in Charles-towne's Mens complaint, and was at the same time with that of Mr. James Russel's, Mr. Seawall's, and Mr. Shrimpton's, it being for the same Land in part that I shewed my Title unto Sir E. A. as above, being my self and those I derived it from possessed, inclosed, and improved for about Fifty years, at which time I gave Mr. Graham Attorney General three pounds in Money, promising that if he would let the Action fall I would pay Court char­ges, and give him Ten pound when I had a Patent compleated for that small parcel of Land, that said Writ was served up­on me for, which I did because a Quaker that had the pro­mise of it from the Governour, as I was informed in the Go­vernors presence should not have it from me, the said Lynde, having about seven Acres more in the same common Field or Pasture, about a Mile from this forty nine Acres near unto the Land that the said Governour gave unto Mr. Charles Lid­get, of divers of my Neighbours, which I concluded must go the same way that theirs went, and therefore though desired to be patented by the said Lynde with the forty nine Acres, he could not obtain a Grant for it. About the same time Mr. Graham Attorney General asked the said Lynde what he would do about the rest of his Land, telling him the said Lyn­de that he would meet with the like trouble about all the rest of his Lands that he possessed, and were it not for the Gover­nours going to New-York at this time, there would be a Writ of Intrusion against every Man in the Colony of any conside­rable Estate, or as many as a Cart could hold, and for the poorer sort of people said Sir E. A. would take other mea­sures, or words to the same purpose. The said Lynde further saith, That after Judgments obtained for small wrongs done [Page 17] him, tryable by their own Laws before a Justice of the Peace, from whom they allowed no Appeals in small Causes: he was forced out of his own County by Writs of false Judgment; and although at the first superiour Court in Suf­folk, the thing was so far opposed by Judge Stoughton as illegal, as that it was put by, yet the next Term by Judge Dudley and Judge Palmer, the said Lynde was forced to answer George Farewell Attorney aforesaid, then saying in open Court in Charles-town, that all Causes must be brought to Boston in Suf­folk, because there was not honest men enough in Middlesex to make a Jury to serve their turns, or words to that purpose; nor did Suffolk, as appeared by their practice, for they made use of Non-Residents in divers cases there. I mention not my damage, though it is great, but to the truth above-written I the said Lynde do set to my hand—

Jeremiah Shepard Aged forty two years and John Burril aged fifty seven years, we whose names are subscribed being made choice of by the Inhabitants of the Town of Lyn in the Massa­chusetts Colony in New England to maintain their right to their properties and Lands invaded by Sir Edmund Androsse Gover­nour, we do testify that (besides Sir Edmund Androsse his un­reasonable demands of Money by way of Taxation, and that without an assembly, and Deputies sent from our Town ac­cording to ancient custom, for the raising of Money or levy­ing of Rates) our Properties, our honest and just and true Ti­tles to our Land were also invaded, and particularly a great and considerable tract of Land called by the name of the Na­hants, the only secure place for the Grazing of some thou­sands of our Sheep, and without which our Inhabitants could neither provide for their own Families, nor be capacited to pay dues or duties for the maintenance of the publick, but (if dispossessed of) the Town must needs be impoverished, ruined, and rendred miserable, yet this very tract of Land being Pe­titioned for by Edward Randolph, was threatned to be rent out of our hands, notwithstanding our honest and just Pleas for our right to the said Land, both by alienation of the said Land to us from the Original Proprietors the Natives, to whom we paid our Moneys by way of purchase, and notwithstanding near fifty years peaceable and quiet possession and improve­ment, [Page 19] and also inclosure of the said Land by a Stone Wall, in which tract of Land also two of our Patentees were interest­ed in common with us, viz. Major Humphreys, and Mr. John­son, yet Edward Randolph Petitioning for the said Land, Sir Edmund the Governour did so far comply with his unreasonable motion, that we were put to great charges and expences for the Vindication of our honest rights thereto, and being often be­fore the Governour Sir Edmund and his Council for relief, yet could find no favour of our innocent cause by Sir Edmund, notwithstanding our Pleas of Purchase, antient Possession, Improve­ment, Inclosure, Grant of the General Court, and our necessitous condition, yet he told us all these Pleas were insignificant, and we could have no true Title unless we could produce a Pa­tent from the King, neither had any person a right to one foot of Land in N. E. by vertue of Purchase, Possession or Grant of Courts, but if we would have assurance of our Lands, we must go to the King for it, and get Patents of it. Finding no relief (and the Governour having prohibited Town Meetings, we earnestly desired Liberty for our Town to meet, to con­sult what to do in so difficult a case and exigency, but could not prevail. Sir Edmund angrily telling us that there was no such thing as a Town in the Country, neither should we have Liberty so to meet, neither were our Antient Town Records (as he said) which we produced for the vindication of our Ti­tles to said Lands worth a Rush. Thus were we from time to time unreasonably treated, our Properties, and civil Liberties and Priviledges invaded, our misery and ruine threatned and hastned, till such time as our Country groaning under the un­reasonable heavy Yoke of Sir Edmunds Government were con­strained forcibly to recover our Liberties and Priviledges.

Jeremiah Shepard Minister, and John Burril Lieutenant, both of Lin, personally appeared before us, and made Oath to the truth of this Evidence,

James Russel Esq on the behalf of the Proprietors of the stinted Pasture in Charlestown, and on his own personal ac­count, declares as followeth.

That notwithstanding the answer made to Sir E. A. his demand by some Gentlemen of Charlestown on the behalf of the Proprietors, which they judged satisfactory, or at least they should have a further hearing and opportunity to make out their Rights, there was laid out to Mr. Lidget adjoining to his Farm in Charlestown a considerable tract of Land (as it is said one hundred and fifty Acres) which was of considerable value, and did belong to divers persons, which when it was laid out by Mr. Wells there were divers bound marks shewed by the Proprietors, and some of them, and I had Petitioned for a Patent for my particular Propriety, yet the whole tract was laid out to the said Lidget, who not only did cut down Wood thereon, without the right owners consent, but Ar­rested some for cutting their own Wood, and so they were de­prived of any means to use or enjoy their own Land. And notwithstanding there was about twenty Acres of Pasture Land and Meadow taken from the said Russel, and given to Mr. Lidget, yet afterwards there was a Writ of Intru­sion served upon a small Farm belonging unto the said Russel, unto which the aforesaid Pasture Land did be­long, and had been long improved by Patrick Mark his Te­nant, (and others good part thereof) above fifty years, so that to stop Prosecution, the said Russell was forced to Petition for a Patent, he having a Tenant who was feared would comply in any thing that might have been to his prejudice, and so his Land would have been condemned under colour of Law, and given away as well as his Pastorage was without Law. Further the said Russel complains, that he having an Island in Cascobay, called Long-Island, which his honoured Father long since bought of Mr. Walker, and was confirmed to James Russell by the General Court, and improved several years by Captain Davis, by mowing as Tenant to the said Russell, and the said Russell hearing it was like to be begged away, caused his Writ to be entred in the Publick Records in Mr. West's Office, which he paid for the Recording of; notwithstanding Sir E. A. ordered Capt. Clements (as he said) to survey the same, and he shewed [Page 21] me a Plat thereof, and said, If I had a Patent for it, I must pay three pence per Acre, it being 650 Acres. He was further informed, That if the said Russell would not take a Patent for for it, Mr. Usher should have it—

Jan. 30. 1689/90. James Russell Esq personally appeared before me, and made Oath to the truth of what is before written —

The Deposition of Captain Daniel Turel, and Lieutenant Edward Willis Sworn say, That upon a Writ of Intrusion being served on Deer-Island belonging to the Town of Boston, and let unto Colonel Samuel Shrimpton by the Select Men of the said Town, the Rent whereof being of long time appropriated towards the maintenance of a Free School in the Town, we the Deponents two of the select Men of the said Town, do testifie, That meeting with Mr. James Graham upon the Town-house, and telling him, that if Colonel Shrimpton did de­cline to personate the case of the said Island, we the select Men would. The said Graham said, Are you the Men that will stand Suit against the King? We the Deponents told him [Page 22] we would answer in behalf of the Town. The said Graham replied, There was no Town of Boston, nor was there any Town in the Countrey; we made answer we were a Town, and owned so to be by Sir Edmund Androsse Governor, in the Warrant sent us for the making a Rate; then the said Gra­ham told us, We might stand the Tryal if we would, but bid us have a care what we did, saying, it might cost us all we were worth, and something else too, for ought he knew, and further these Deponents say not —

Captain Daniel Turel and Lieutenant Edward Willis appear­ed personally before me, and made Oath to the truth of what is above written.

Lenox Beverley aged about twenty five years being Sworn, saith, That he being Souldier at Pemyquid the Winter time 1688. where was Captain General Sir E. A. Knight, there came to the Fort where Sir E. A. then was, two Squaws, the one Madocowandos Sister, and the other Moxis Wife (as was said,) and two other Indian Women that went along with them; they were in the Fort with Sir Edmund two days, and when they came forth they seemed to be half drunk, this De­ponent and Peter Ripley was commanded to Guard these Squaws from Pemyquid to New Harbour, being in distance about two Miles, and as we passed on the way Madocowandos Sister laid [Page 24] down her Burden in the Snow and commanded the Deponent to take it up, whereupon the Deponent looked into the Bas­ket, and saw a small Bag which he opened, and found it to be Gunpowder, which he judged five pounds weight, and a Bag of Bullets of a greater weight, and the weight of the Basket I took up, was as much as the Deponent could well carry along, and the other three Squaws had each one of them their Baskets, which appeared rather to be of greater than lesser burden, than that the Deponent carried, which were all of them loaden, and brought out of the Fort, and Madocowandos Sister said she had that Powder of Sir Edmund, and added, that she was to come again to him within four days —

Gabriel Wood of Beverly aged about twenty four years, testi­fies, That being one of the Souldiers that was out the last Win­ter past, Anno 1688. in the Eastward parts, and under the command of Sir Edmund Androsse, and being then at Pemyquid with him, was commanded by him the said Sir E. together with so many more of the Souldiers as made up two Files to Guard and safely Conduct three Indian Women from Pemy­quid aforesaid to New Harbour, which said Indian Women were all laden, and to my certain knowledge one of the said Wo­men had with her in her said Journey a considerable quantity of Bullets, which she brought with her from Pemyquid afore­said, and to my best apprehension, she had also a considerable quantity of Powder in a Bag in her Basket, but I did not see that opened, as I did see the Bullets, neither dared I be very inquisitive, the rest of the Souldiers in company with me see­ing the Indians so supplied with Ammunition (as we all ap­prehended they were by our Governour and Captain General Sir E. A. aforesaid) we did very much question amongst our selves, whether the said Sir E. did not intend the destruction of our Army, and brought us thither to be a Sacrifice to our Heathen Adversa­ries —

Gabriel Wood of Beverley in the County of Essex, personally appeared before me at Salem in N. E. Jan. 29. 1689/90. and made Oath to the Truth of the above said Evidence.

The Testimony of Waterman, and David, Indians, saith, That the Maquas sent a Messenger to Pennicock to inform, that Governour, Edmund Androsse hired the Maquas to fight the English, and paid down to them one Bushel of white Wompon, and one Bushel of black Wompon, and three Cart­loads of Merchants goods, trucking Cloath and Cotton Cloath, and Shirt Cloath, and other goods. The Maquas said, That the English were their good Friends, and said, they would not [Page 26] fight them, for the English never wronged them, but the Ma­quas took the pay on account of the Maquas helping the Eng­lish to fight their Enemies the last War.

The two Indians above-mentioned Waterman and David, ap­peared the 4th day, of May 1689. and to the Council then sitting owned the above-written to be truth;

Rochester in the King's Province, Sept. 16. 1688. ‘Samuel Eldred junior of Rochester came before Arthur Fenner and John Fones Esq two of His Majesties Justices of the Peace, and did declare upon Oath, that on the Evening before an Indian whom he had seized, by name Joseph, did in an insulting and vaunt­ing manner say, There was 500 at Martins Vineyard, 700 at Nantucket, and 400 at Chappaquessot, all very well armed, and in a better manner than him the said Samuel Eldred, and that our Governour did not dare to disarm them, for that the Go­vernour had more love for them, the said Indians, than for His Majesties Subjects the English. The said Indian being brought before us, and examined, did confess the greatest part of what was sworn against him, and owned that he was one of them that were in hostility against the English in the late Wars, up­on which the said Indian was committed to Gaol.’

The Testimony of Joseph Graves aged 46 years or there­about, and Mary Graves about 30 years, of John Rutter aged about 40 years, witness that on the 2d day of January 1688. So­lomon Thomas Indian, being at the house of Joseph Graves, in the Town of Sudbury, said, that when the Fight at the Eastward should be, if the Indians had the better of it, as the English did [Page 27] retreat, the Friend Indians were to shoot them down, but if the English get the day, we say nothing, and that in the Spring French and Irish would come to Boston, as many, and all won Indians, for that was the first place that was to be destroyed, and after that the Countrey Towns would be all won nothing. And fur­ther, the said Solomon said, that the Governour had given him a Book, which said Governour said, was better than the Bible, and all that would not turn to the Governours Religion, and own that Book, should be destroyed. In which Book he the said Thomas said was the Picture of our Saviour, and of the Virgin Mary, and of the Twelve Apostles; and the Governour said, when we pray, we pray to the Virgin Mary; and when the Fight should be at the Eastward, the Governour would sit in his Wigwam, and say, O brave Indians! Whereupon John Rutter told the Indian, that he deserv'd to be hanged for speaking such things, but the Indian replied, it was all true. Upon the hear­ing this discourse, we resolved to come to Boston, and acquaint Authority with it, but by reason of the sickness of Jos. Graves, we could not presently, but as soon as conveniently we could, we accordingly appeared at Boston with our Information, which the said Joseph Graves carried to Mr. Bullivant a Justice of the Peace.

Joseph and Mary Graves came and made Oath to the truth above-written;

Thomas Browne aged about Forty four years, and John Goodenow aged about Fifty four years, John Growt senior, aged near Seventy years, Jacob Moore aged about 44 years, Jonathan Stanhope aged about 57 years, and John Parmiter aged about 50 years, all Inhabitants of the Town of Sudbury aforesaid, do witness that we heard John James, Indian, of his own voluntary mind, say, That the [Page 28] Governour was a Rogue, and had hired the Indians to kill the English, and in particular, had hired Wohawhy to kill English­men, and that the Governour had given the said Wohawhy a gold Ring, which was his Commission, which gold Ring the said Wohawhy sold to Jonathan Prescott for two shillings in money: Whereupon we replied, Sirrah, you deserve to be hanged for what you say. John James the Indian replied, What you Papist, all one Governour. I speak it before Governours very face. This discourse of John James Indian, was at the place, and on the day above-written.

Thomas Browne and John Goodenow, two of the Subscribers above, having received this Declaration from John James the Indian, we thought it our duty forthwith to inform Authority, and did with the Indian presently go to Water-town to Justice Bond, where the said John James did voluntarily give his Testi­mony before the said Justice Bond, which after he had taken, the said Justice Bond ordered us the said Thomas Browne and John Goodenow to make our appearance before the Governour Sir E. A. or one of the Council with the Indian, which accord­ingly we did, when we came to the Governours house; after long waiting in a very wet and cold season, we were admitted unto the Governours presence, where we were detained until eleven or twelve a Clock at night, and after a very unkind Treat, we humbly prayed his Excellency, he would please to discharge us of the Indian, but he told us no, and joaked us, saying, we were a couple of brave men, and had the command, one of a Troop of Horse, and the other a Company of Foot, and could we not know what to do with a poor Indian? Fur­ther, he asked us what money we gave the Indian to tell us such news, and commanded us still to take care of the Indian till his pleasure was to call for us again, and this as we would an­swer it. Thus being severely chidden out of his presence, we were forced with the Indian to seek our quarters where we [Page 29] could find them. The next morning we were preparing to go home again to Sudbury (being 20 miles or more) being Saturday, we were again sent for by the Governour by a Messenger, to wait on the Governour with the Indian, which we did, and waited at the Exchange or Council-house in Boston, from nine a Clock in the morning till three of the Clock in the afternoon, where in the face of the Countrey we were made to wait up­on the Indian with many squibs and scoffs that we met withal; at last we were commanded up before the Governour and his Council, where we were examined apart over and over, and about the Sun-setting were granted leave to go home, it being the Evening before the Sabbath.

On Munday Morning following being the 25th of March. 1689. Jacob Moore, Joseph Graves, Joseph Curtis, Joseph Moore, Obadiah Ward, were by Thomas Larkin as a Messenger fetched down to Boston, where after Examination, Jacob Moore was committed to close Prison. Joseph Moore, Joseph Graves, Jo­seph Curtis, and Obadiah Ward were sent home again, paying the said Larkin twelve shillings per Man. On the next Mon­day Morning after, being the first day of April 1689. Samuel Gookin the Sheriff of Middlesex and his Deputy came up to Sud­bury, and commanded Thomas Browne, John Goodenow Senior, John Growt Senior, Jonathan Stanhope, John Parmiter, forthwith to appear at Boston, at Collonel Page's House, but it being a Wet and Cold Day, we were detained at Judge Dudleys house at Roxbury, where after long waiting, had the kindness shewn us, to have an examination every man apart before Judge Dudley, Judge Stoughton, Mr. Graham and others, and were bound over to answer at the next Superiour Court to be held at Boston, what should there be objected against us upon his Majesties account. Thomas Browne, John Goodenow Senior, John Growt Senior, were each of them bound over in three hundred pound Bonds, and each man two sureties in three hundred pound Bond a piece. John Parmiter and Jonathan Stanhope, were bound in a hundred pound a piece, besides the loss of our time and hindrance of our Business, the reproach and ignominy of [Page 30] Bond and Imprisonment, we shall only take the boldness to give a true account of what money we were forced to expend out of our own Purses as followeth, to the Sheriff and other ne­cessary Charges.

The Commander in chief of those that made this spoil (i. e.) the spoil which was made in the Province of Maine on the 18th of March last, is Hope Hood an Indian, one that was with sun­dry other Indians in the summer 1688 seized by some of Sir Edmunds Justices and Commanders in the Province of Maine, and sent Prisoners to Boston, Sir E. being then at the West­ward, where he continued absent many weeks; upon his return finding the Indians in Prison, fell into a great rage against those Gentlemen that had acted therein, declared his resolution to [Page 31] set them at liberty and calling his Council together, was by some opposed therein, and among others, one Gentleman of the Council accused this Hope Hood to be a bloody Rogue, and added that he the said Hope Hood, had threatned his Life, and therefore prayed Sir E. that he might not be enlarged, but Sir E. made a flout and scorn of all that could be said. At the same time some of the Council desired Sir E. that this Hope Hood might be sent for before the Council, to which he replied, that he never had had a quarter of an hours conference with any of them, and that he scorned to discourse with any Heathen of them all, yet all this notwithstanding, at the same time whilst the Council was thus met, did Sir Edmund private­ly withdraw himself, and repair to the Prison where this Hope Hood was Prisoner, and did there continue with him two or three hours in private, the truth of what is above related is at­tested by sundry Gentlemen that were of Sir Edmunds Coun­cil, and were then Ear Witnesses and likewise by others that saw Sir E. at the Prison; and it is now verily believed that at that very time he consulted the mischief that is now acted by the said Hope Hood and Company. Thus Mr. Dantforth.

Henry Kerley aged about fifty seven years and Thomas How aged thirty five years or thereabouts, both Inhabitants of the Town of Malborough, do both testifie that in the Fall of the year, 1688. When Sir Edmund Androsse came from New-York to Boston, sometime after the Indians had killed some English men at North-field in New England, coming through our Town of Malborough, the said Sir E. A. examined this Deponent Henry Kerley by what Order we did Fortify and Garrison our Houses, I answered it was by order of Captain Nicholson, the said Sir E. then said, he had no power so to do. He the said Sir E. examined what Arms we made use of, and carried with us on the Watch, and what charge was given us, answer was made by the Deponent, they carried Fire Arms, and the charge [Page 32] was to keep a true Watch, to examine all we met with, and secure suspicious persons that we met with, the said Sir E. said what if they will not be secured, and what if you should kill them, answer was made by the Deponent, that if we should kill them, we were in our way, then Mr. Randolph being there in the company said, you are in the way to be hanged. Sir E. A. said further that those persons that had left their Houses to dwell in Garrisons, if they would not return, others should be put in that would live there.

I believe all the Inhabitants in Boston will be forced to take Grants and Confirmations of their Lands, as now intended, the Inhabitants of the Province of Maine which will bring in vast profits to Mr. West, he taking what Fees he pleases to de­mand. I shall always have a due Honour and Respect for his Excellency, but I must buy his Favour at three or four hun­dred pound a year loss. And in another to the same, June 21. 1688. he hath these words. I went to one Shurte, Town-Clerk of Pemyquid to know what Leases were made lately, and by whom, and for what quit Rent, he told me that above a year ago Captain Palmer, and Mr. West produced to them a Commission from Collonel Dungar, to dispose of all their Lands to whoever would take leases at five shillings the hun­dred Acres quit Rent. They let there and at a place called Dartmouth twelve or sixteen Miles distant from Pemyquid about one hundred and forty Leases, some had eight hundred or ten hundred Acres, few less than a hundred, some but three or four Acres, and all paid 2 l. 10 s. for passing their Grants of 100 Acres of Wood Land, with twenty Acres of Marsh where ever it could be found, but this bred a great mischief among the People; few or none have their Land measured or marked, they were in haste, and got what they could, they had their Emis­saries amongst the poor people, and frighted them to take Grants, some came and complained to the Governour, and prayed him to confirm their Rights, which he refused to do, the Commission and whole proceeding being Illegal, having notice they were to be under his Government, they resented it, but it served their turn. The poor have been very much oppressed here, the Fort run all to ruine, and wants a great deal to repair it, Captain Palmer and Mr. West laid out for themselves such large lots. and Mr. Graham though not there, had a Childs Portion, I think some have eight thousand or ten thousand Acres. I hear not of one penny rent coming in to the King, from them who have their Grants confirmed at York, and the five shillings an hundred Acres was only a Sham upon the People: at our return we saw very good Land at Winter Harbour, enough to make large settlements for many people. The Governour will have it first measured, and [Page 34] then surveyed, and then will dispose of it for settlements, Mr. Graham and his Family are setled at Boston, he is made Attorney General, and now the Governor is safe in his New-York Confidents, all others being Strangers to his Council. 'Twas not well done of Palmer and West to tear all in pieces that was setled and granted at Pemyquid by Sir E. that was the Scene where they pla­ced and displaced at pleasure and were as Arbitrary as the great Turk, Some of the first setlers of that Eastern Country were denied Grants of their own Lands, whilst these men have given the Improved Lands a­mongst themselves of which I suppose Mr. Hutchinson hath complain­ed. In another, May the 16th 1689. he says; I must confess there have been ill men from New-York, who have too much studi­ed the disease of this people, and both in Courts and Councils, they have not been treated well. Thus does Edward Randolph, a Bird of the same Feather with themselves confess the truth, as to this matter, concerning his Brother Palmer and West.

John Langford of Salem testifieth, That he being in the Ketch Margaret of Salem, Daniel Gygles Commander, they were taken by the French Ships off of Tarbay in America near Cansir on Tuesday the 17th day of September last past, and being put on board of the Admiral, viz. The Lumbuscado, and in the said Ship carried a Prisoner to Port Royal, and then did hear several of the Company on board the said Ship say, that they came di­rectly from France, and that there was ten or twelve Sail of them Ships of War that came in company together, but some of them were taken upon the Coast of France, and some were lost since, and that they were all bound directly for N. E. and that Sir E. A. late Governour of N. E. had sent to the French King for them to come over, and the Countrey should be delivered up into his hands, and that they ex­pected that before they should arrive, it would have been delivered into the hands of the French.

Benjamin Majery of Salem Jersey-man also testifieth, That he being taken the same day, and at the same place in the Ketch Diligence, Gilbert Peters Commander, as is abovesaid in the Evidence of John Langford, he heard the same related, by se­veral of the company on board the other French Ship of War that was in company with the Lumbuscado; viz. The Frugum, so called, that there was ten Sail of them came out directly from France together; that Sir E. A. late Governour of N. E. had sent to the King of France for them to come over, and he would deliver the Countrey into their hands, [Page 39] and that they were bound directly for Boston in N. E. but had lost most of their Ships coming over.

John Langford and Benjamin Majery both made Oath to the truth of these their respective Evidences in Salem, Novemb. 23. 1689.

Joshua Conant testifieth, That he being Commander of the Ketch, Thomas and Mary of Salem, he was taken by three French Ships off from Tarbay, near Cansir, upon Tuesday the 17th of September last, two of which were Ships of War, the other a Merchant-man, and being put on board the Admiral, viz. the Lumbuscado, and therein carried to Port-Royal, a Priso­ner, Mr. Mero told me that the French on board told him, that there was ten Sail of them Ships of War came out in company together from France, and that they came directly from France, and were bound to Boston in N. E. and that Sir E. A. had sent to the French King for them, and that the Countrey was to be delivered up into their hands; but ha­ving lost several of their Ships in their Voyage, and hearing that Sir E. A. was taken, and now in hold, should not pro­ceed at present, but threatned what they would do the next Summer.

Joshuah Conant personally appeared before me, and made Oath to the truth of the abovesaid Evidence.

Phillip Hilliard of Salem, Jersey-man testifieth, That he was taken by the French in a Ketch belonging to Salem; viz. The Thomas and Mary, Joshua Conant. Commander off from Torbay, near Cansir, this Autumn Septemb. 17. and being carried on board the Lumbuscado, did on board the said Ship hear several of the company say, that there was about twelve Sail of them Ships of War, came out in company together from, France, [Page 40] and were bound directly for Boston in N. E. and that Sir E. A. the late Governour there had sent into France for them to come over.

Phillip Hilliard personally appeared before me, and made Oath to the truth of the abovesaid Evidence.

James Cocks of Salem Mariner testifieth, That he was taken by the French in the Ketch Margaret of Salem, Daniel Gygles Com­mander on Tuesday the 17th of September last past off from Tarbay near Cansir by two French Ships of War, who had one Merchant-man in company with them, and he being carried on board their Admiral, viz. the Lumbuscado, he there met with a man he had known in London, one of the said Ships Company, who was a Biscay born, named Peter Goit, who told him that there was thirteen Ships of them came out of France in company together, and that they were bound directly for Boston in New-England, expecting that the Coun­trey was before, or would be at their coming delivered up to the King of France, and told him, before they could get clear of the Coast of France, several of their Ships were taken by the English Ships of War, and the rest of their Fleet taken or dispersed and lost about New-found-land.

James Cocks personally appeared before me, and made Oath to the truth of the abovesaid Evidence.

In the Second year of the Reign of King James the Second, we had a Quo Warranto served upon us by Edward Randolph, requiring our appearance before His Majesties Courts in Eng­land, and although the time of our appearance was elapsed be­fore the serving of the said Quo Warranto, yet we humbly pe­titioned His Majesty for his Favour, and the continuance of our Charter with the Priviledges thereof. But we received no other favour but a second Quo Warranto, and we well ob­serving that the Charter of London and other considerable Ci­ties in England were condemned, and that the Charter of the Massachusetts had undergone the like Fate, plainly saw what we might expect, yet we not judging it good or lawful to be active in surrendring what had cost us so dear, nor to be altogether si­lent, we empowered an Attorney to appear on our behalf, and to present our Humble Address to His Majesty, but quick­ly upon it as Sir E. A. informed us, he was empowered by His Majesty to Receive the Surrender of our Charter, if we saw meet so to do, and us also to take under his Government. Also Colonel Thomas Dungan His Majesties Governour of New-York, laboured to gain us over to his Government. We with­stood all these motions, and in our reiterated Addresses, we Peti­tioned His Majesty to continue us in the free and full enjoy­ment of our Liberties and Properties, Civil and Sacred, ac­cording to our Charter. We also Petitioned that if His Ma­jesty should not see meet to continue us as we were, but was resolved to annex us to some other Government; we then de­sired that in as much as Boston had been our old Correspon­dents, and a people whose Principles and Manners we had been acquainted with, we might rather be annexed to Sir E. A. his Government, than to Colonel Dungans, which choice of ours was taken for a resignation of our Charter, though that was never intended by us for such, nor had it the Formalities [Page 45] in Law to make it such. Yet Sir E. A. was Commissionated to take us under his Government, pursuant to which about the end of October 1687. he with a Company of Gentlemen and Gra­nadeers to the number of Sixty or upwards came to Hartford the Chief Seat of this Government, caused his Commission to be read, and declared our Government to be dissolved, and put into Commission both Civil and Military Officers throughout our Colony as he pleased. When he passed through the principal parts thereof, the good people of the Colony though they were under a great sense of the injuries sustained thereby, yet chose rather to be silent and patient than to oppose, being in­deed surprized into an involuntary submission to an Arbitrary Power —