A Collection of original papers relative to The history of the colony of Massachusets-Bay.

A Collection of original papers relative to The history of the colony of Massachusets-Bay.

Table of contents

Title page

The PREFACE.

COLLECTON of PAPERS Relative to Massachusets-Bay.

Massachusets Colony Charter.

Mr. Francis Higginson's Agreement with the Massachusets Company, the Engagement of several of the principal Undertakers to transport themselves and Families, Mr. Higginson's Journal of his Voyage, his Considerations in favour of the design of colonizing, and his Answer to the Objections made against it. The Agreement with Mr. Higginson.

The true coppie of the agreement at Cambridge, August 26. 1629.

Generall considerations for the plantation in New England, with an answer to several objections.

OBJECTIONS.

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NOW in our passage divers things are remarkeable.

[Of the earth: Of the water: Of the ayre: Of the fire in New England: As also of the discommodities of the country, and the condition of the Natives, that may be seene at large in Mr. Higginson's printed relation of New England.]

Some brief collections out of a letter that Mr. Higginson sent to his friends at Leicester.

Copy of a Letter from Governor Endecott to Governor Winthrop.

Copy of a Letter from Mr. Winthrop, Governor of the Massachusets, to Mr. Bradford, Governor of Plimouth, also the Copy of an Order of his Majesty's Council.

The Copie of the Order follows.

Mr. Cotton's Letter, giving the Reasons of his and Mr. Hooker's Removal to New-England.

Copy of Mr. Owen Rowe's Letter to Governor Winthrop.

Copy of a Letter to Governor Winthrop from Mr. Herbert Pelham.

Copy of a Letter from Mr. Edward Winslow to Governor Winthrop of the Massachusets.

Copy of a Letter from Capt. Israel Stoughton to the Governor of the Massachusetts.

Libertye and the Weale Publick reconciled: In a briefe and cleare declaration of the misapprehension of some grieved mindes concerninge the lawfull and orderly proceedings of the late Court of Elections at Newtown, the 17th of the 3d month, 1637.

A Defence of an Order of Court made in the Year 1637.

A briefe Answer to a certaine declaration, made of the intent and equitye of the order of court, that none should be received to inhabite within this jurisdiction but such as should be allowed by some of the magistrates.

A Reply to an Answer made to a Declaration of the Intent and Equity of the Order made at the Court in May last, whereby none are to be received &c. but by allowance of the Magistrates.

A Quo Warranto brought against the Company of the Massachusetts Bay by Sir John Banks Attorney-General.

In Michas T. XImo. Car. Imi.

A Coppie of a Letter sent by the appointment of the Lords of the Council to Mr. Winthrop, for the Patent of this Plantation to be sent to them.

Copy of Sir William Martin's Letter to Governor Winthrop, enquiring about the State of the Colony.

Copy of a Letter from Mr. George Fenwick to Governor Winthrop.

Gyles Fyrmins Letter to Governor Winthrop, about his settling.

Copy of a Letter from Mr. Edward Winslow to Governor Winthrop.

Copy of a Letter from Mr. Thomas Jenner to Governor Winthrop.

Copy of a Letter from Mr. Endecott to Governor Winthrop, about La Tour.

Copy of a Letter from Thomas Gorges to Governor Winthrop.

Copy of a Letter from Richard Saltonstall and others to the Honourable Governor, Deputy-Governor, and Assistants, and the Reverend Elders at or near the Bay.

Copy of a Letter from Mr. Endecott to Governor Winthrop, about the French.

The Governor's Answer to the Ipswich Letter about La Tour.

Copy of a Letter from Mr. Simon Bradstreet to Governor Winthrop.

Copy of a Letter from Mr. Endecott to Governor Winthrop, about the Misdemeanors of Griffin's Company at Gloucester.

Copy of a Letter from Mr. Endecott to Governor Winthrop.

Copy of a Letter from Sir William Berkeley, Governor of Virginia, to the Governour of New-England, about Mr. Chew's Servants.

Copy of a Letter from Sir Henry Vane to Governor Winthrop.

A Declaration of former Passages and Proceedings betwixt the English and the Narrowgansetts, with theire Confederats, wherein the Grounds and Justice of the ensueing Warre are opened and cleared.

Conventio inter Johannem Endecott, Gubernatorem Massachusets in Nova Anglia, et reliquos Magistratus ibidem, et Dominum Marie, Delegatum Domini Aulnay, Militis, Gubernatoris et Deputatus Serenissimi Regis Galliae in Acadia, Provinciâ Novae Franciae, facta et firmata apud Boston in Massachusets praedictum, 8. Die Mensis 8. 1644.

Commission and Instructions from the Commissioners of the united Colonies to Maj. Gibbons.

Instructions for Sergeant Major Gibbones, commander in chiefe of our military forces, and for such as are joyned unto him in a councell of warr.

Copy of a Letter from Mr. Edward Winslow to Governor Winthrop.

Copy of a Letter from Mr. James Parker at Barbados, to Governor Winthrop.

Copy of a Letter from Mr. John Endecott to Governor Winthrop.

Copy of a Letter from Mr. Steven Painter to Governour Winthrop.

Copy of a Letter from Mr. John Humfrey to Governour Winthrop.

AN ABSTRACT OF THE LAWS OF NEW ENGLAND.

CHAPT. I. Of Magistrates.

CHAPT. II. Of free Burgesses and free Inhabitants.

CHAPT. III. Of the Protection and Provision of the Country.

CHAPT. IV. Of the Right of Inheritance.

CHAPT. V. Of Commerce.

CHAPT. VI. Of Trespasses.

CHAPT. VII. Of Crimes.

CHAPT. VIII. Of other crimes less heinous, and such as are to be punished with some corporal punishment or fine.

CHAPT. IX. Of the triall of causes, whether civill or criminall, and the execution of sentence.

CHAPT. X. Of causes criminall betweene our people and forraigne nations.

Answers of the Reverend Elders to certaine Questions propounded to them.

A Remonstrance and Petition of Robert Child, and others.

A Declaration of the General Court holden at Boston 4 (9) 1646. concerning a Remonstrance and Petition exhibited at last Session of this Court by Doctor Child, Thomas Fowle, Samuel Maverick, Thomas Burton, John Smith, David Yale, and John Dand.

Copy of a Letter from Mr. Symonds to Governor Winthrop, Jan. 6. 1646.

Copy of a Letter from Mr. Richard Vines to Governor Winthrop.

Mr. Richard Vines's Letter to Governor Winthrop, about the Sickness in Barbados.

Copy of a Letter from William Coddington to Governor Winthrop.

Copy of a Letter from Mr. Hopkins to Governor Winthrop.

Application from Rhode-Island to the Commissioners of the United Colonies and their Answer.

To which motion the Commissioners returned this answer under their hands.

Copy of a Letter from Mr. Symonds to Governor Winthrop, about the Synod.

Copy of a Letter from Edward Winslow, Esq to the Commissioners of the United Colonies.

The Answer to the foregoing Letter followeth.

Copy of a Letter from Mr. John Cotton to Lord General Cromwell.

Copy of a Letter from Lord General Oliver Cromwell to Mr. John Cotton.

Copy of a Letter from Mr. William Arnold to the Governor of Massachusetts.

Copy of a Letter from the Commissioners of the United Colonies to the Governor of Canada.

An Answer to the Propositions presented by the honored French Agent to the President and Commissioners for the English united Colonies.

Concerning the life of the famous Mr. Cotton, teacher to the church of Christ at Boston in New-England.

Copy of a Letter from Mr. Cotton to the Bishop of Lincoln.

Copy of a Letter from Mr. Arnold to the Court held at Massachusets.

Copy of a Letter from Mr. Thomas Welles to Maj. Robert Sedgewick and Capt. John Leverett.

Copy of a Letter wrote by order of the General Court at Plymouth to Major Robert Sedgwigg, &c. at Boston,

Application of Sedgwick, Leverett and others to the General Court.

Copy of a Letter from the Corporation in England for propagating the Gospel, &c. to the Commissioners of the united Colonies. The Commissioners of the Massachusetts presented this ensueing letter from the Corporation in England.

To which Letter the Commissioners returned this following Answer.

Instructions for Major Symon Willard, commander in chief of our forces, and such as are joyned with him as a counsell of warre.

Copy of a Letter from Major Simon Willard to the Commissioners of the united Colonies.

The Narrative follows.

A Copy of the Covenant with Ninegret.

A copie of the Pequotts covenant whereto they subscribed the 16th and 17th of the 8th moneth 1654.

Copy of a Letter from Mr. Edward Winslow to Secretary Thurloe.

Copy of a Letter from the Commissioners of the united Colonies to Major Willard.

Copy of a Letter from the General Court of the Massachusets to Mr. Hopkins.

[Figure]

The General Court's Instructions.

Copy of an Address to his Highness Oliver Cromwell.

Copy of a Letter from Mr. Roger Williams President of Providence Plantations, to the General Court of Magistrates and Deputies assembled at Boston.

Copy of a Letter from Providence Plantations to the General Court of the Massachusetts.

Copy of a Letter from Mr. Roger Williams to the General Court.

Copy of a Letter from the Governor and Magistrates of the Massachusets to the Commissioners of the united Colonies, and the Proceedings thereon.

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Copy of the Case of George Giddings and others of Ipswich, referring to Mr. Cobbet.

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A coppy of the summons. To Edward Browne of Ipswich.

A coppy of the vote (in the case adjudged) as I have taken it, viz.

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About a bargain or contract.

Now a little about interpretation of lawes and of rules to be attended therein.

Precedents and judgments in courts.

Vote of the General Court.

To the honoured Generall Court now assembled.

A copy of the order of Salem court.

Reasons tending to prove the affirmative.

This 22 of the 4th mo. 1657.

At the Court held at Salem 1.5. 1657.

Copy of a Letter from Governor Endecott to John Leverett, Esq Agent in England.

Copy of a Letter from Mr. John Leverett to Governor Endecott.

Copy of a Letter from Mr. John Leverett to Governor Endecott.

Copy of a Letter from Mr. Secretary Rawson to Capt. John Leverett.

Copy of a petition of the inhabitants of Yorke, Kittery, Wells, &c. presented 27th of October 1658, to his Highness the Lord Protector.

Copy of a Letter from Capt. John Leverett to Mr. Secretary Rawson.

Copy of a Letter from the Commissioners of the united Colonies to Peter Stuyvesant the Dutch Governor at Manhattoes.

Copy of a Letter from the General Court to Mr. John Leverett in London.

Copy of a Letter from Mr. John Leverett to Governor Endecott and the Generall Court.

Copy of a Letter from Governor Endecott to Capt. John Leverett in London.

Copy of the General Courts Address to the King. To the High and Mighty Prince Charles the second, by the Grace of God King of Great Brittain, France and Ireland, Defender of the Faith, &c.

Copy of the General Court's Instructions to Capt. John Leverett their Agent in England. At a Generall Court held at Boston in New-England, 19th December 1660. Instructions for our honoured and loving friend Captain John Leverett, or in his absence Richard Saltonstall and Henry Ashurst, Esqrs.

Copy of the Elders Advice about the Addresses. Present, Mr. Willson, Mr. Mather, Mr. Syms, Mr. Norton, Mr. Elliott, Mr. Higginson, Mr. Thatcher, Mr. Shephard. Mr. Allen, Mr. Wilson, jun.

Copy of a Letter from his Majesty King Charles II. to Governor Endecott.

Copy of a Report made to Governor Endecott by Thomas Kellond and Thomas Kirke.

Copy of a Letter from Secretary Rawson to William Leete, Esq Governour of New-Haven Jurisdiction.

Copy of an Address from the General Court to King Charles II. To the high and mighty Prince Charles the second, by the grace of God King of Great Britaine, France and Ireland, defender of the faith.

Copy of a Declaration of the Commissioners of the united Colonies concerning Whaley and Goffe.

Proceedings of the Committee of the General Court appointed for the dispatch of Agents to England.

4 January 1661.

7 January 1661.

18th of January 1661.

The committee perusing the questions returned the answers underwritt.

Boston, January 18th 1661. A writing being exhibited by the honored commissioners of the generall court for negotiating of our affairs with the king's majesty and his most honorable councill. The tenure whereof was as followeth.

To which the Committee returned this answer.

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21 January 1661.

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Boston, 23d January 1661.

Capt. Davis his returne was,

24 January 1661.

To the high and mighty Prince CHARLES the second, by the grace of God king of Great Britain, France and Ireland, defender of the faith, &c. The humble Petition and Address of the General Court of the Colonie of the Massachusetts in New-England.

At this time also the committee judged it meete to write to my Lord Say, and severall other letters, the copies whereof are.

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Att a meeting of the Committee, Boston 24. 11. 1661.

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Att a meeting of the committee at the place appointed, 25th January 1661. who graunted commission to our messengers and wrote severall letters to them and others, the coppies whereof are as followeth,

Commission.

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This day the committee for raising money made theire returne of what money and of whom procured, and was as followeth.

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Warrant issued accordingly for the ships dismission.

For the honored committee.

To which the committee replied.

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Copy of a Letter from the Committee of the General Court to Mr. Richard Saltonstall, &c.

Copy of a Letter from the Committee of the General Court to Col. Thomas Temple.

Copy of a Letter from the Corporation in England to the Commissioners of the united Colonies.

Copy of a Letter from King Charles the second to the Massachusetts.

Copy of the Petition of John Scott, Esq to the King, about Long Island, in N. York Government, with his Majesty's Reference thereof. To the Kings most excellent Majesty, The humble petition of John Scott, Esq

At the court at White-Hall, June 26th 1663.

Copy of a Letter from Mr. John Leverett to Sir Thomas Temple in London, giving an Account of the Massachusetts publick Affairs.

Copy of a Letter from Sir John Wolstenholme to Mr. Edward Rawson, Secretary to the New-England Plantations.

Copy of a Letter from Mr. Thomas Prence Governor of Plymouth Colony, to Secretary Rawson.

Copy of a Letter from King Charles the II. to the Inhabitants of the Province of Maine. To our trusty and well beloved the Inhabitants upon the Province of Meyn in New-England, or whom else it may concern.

Copy of a Letter from the General Court to Robert Boyle, Esq

Copy of a Letter from Secretary Morice to the Massachusets Colony.

Copy of a Letter from Mr. Davenport to Major General Leverett.

Copy of a Petition to the King from some of the Inhabitants of the Province of Maine. To the King's most excellent Majesty, The humble Petition of the Inhabitants of Casco upon the Province of Maine in New-England, wherein according to his Majesties command is rendered theire reasons why they could not submitt to Mr. Gorges.

Copy of a Letter from Robert Carr to Major-General Leverett and the rest of the Commissioners from Boston.

Copy of a Sentence of Court against Thomas Goold and others. At a county court held at Cambridge, on adjournment, Aprill 17. 1666.

Copy of a Letter from Sir Richard Saltonstall to Mr. Cotton and Mr. Wilson.

Copy of Mr. Cotton's Answer to a Letter from Sir Richard Saltonstall.

Copy of a Letter from Col. Richard Nicolls to the Governor and Assistants of the Massachusetts.

Copy of a Letter from the King's Commissioners to the Governor, &c. of the Massachusets.

Copy of a Letter from Governour Bellingham to Secretary Rawson.

Copy of a Letter from Mr. John Leverett to Sir Robert Carr, Knt.

Copy of a Letter from Colonel Nicolls to the Governor and Councell of the Massachusetts.

Copy of a Narrative of the Commissioners from England, about New-England.

Copy of a Letter from the Governor and Assistants of the Massachusets Bay to Governor Willoughby at Barbados.

Copy of a Letter from Colonel Nicolls to the Governor and Assistants of the Massachusets, respecting the Province of Maine.

Copy of a Letter from several dissenting Ministers in and about London to the Magistrates and Ministers in Massachusets-Bay.

Copy of a Letter to Col. Goffe, one of King Charles the first's Judges, from his Wife.

Copy of a Letter from Mr. John Collins to Governor Leverett.

Copy of the Elders Advice to the General Court.

Copy of a Letter from Mr. Peter Tillton to his Wife at Hadley.

Copy of a Letter from Mr. Collins to Governor Leverett of the Massachusetts.

Copy of a Letter from Mr. John Knowles to Governour Leverett.

Copy of a Letter from Major Thompson to Governor Leverett.

Copy of a Letter from Major Thomson to Governor Leverett.

Copy of a Letter from Robert Boyle, Esq about New-England, July 1674.

Copy of a Letter from Mr. John Collins to Governor Leverett.

Copy of a Letter from William Goffe, one of King Charles the first's Judges, to his Wife.

Copy of a Letter from Major Thomson to Governor Leverett.

Copy of a Letter from Governor Leverett to Mr. John Collins.

Copy of a Letter from Governor Leverett to Major Thompson.

Copy of a Letter from Governor Leverett to Major Thomson.

Copy of a Letter from Major Thomson to Governor Leverett.

Copy of a Letter from Mr. John Collins to Governor Leverett.

Copy of a Letter from Sir Edmund Andross to the Governor and Council of the Massachusets.

Copy of a Paper endorsed Mr. E. R's. Narrative Sept. 20th and Octo. 12th 1676. To the right honorable the Lords of his Majesties most honorable Privy Council appointed a committee for trade and plantations. An answer to severall heads of enquiry concerning the present state of New-England.

Where the legislative and executive powers of the government of New England are seated.

Commission.

Passe.

Second Enquiry. What lawes and ordinances are now in force there derogatory or contrary to those of England, and what oath is prescribed by the government?

The lawes most derogatory and contradictory to those of England.

The oath of a stranger.

The oath of an inhabitant.

Third Enquiry. What number of church members, freemen, inhabitants, planters, servants or slaves there are, of what profession and estates, and how many of them men able to bear armes?

Fourth Enquiry. What number of horse and foot, and whether they be trained bands or standing forces, and what old and experienced officers they have amongst them?

Fifth Enquiry. What castles and forts are in New-England, and how scituated, and what store of provisions are they furnished withall?

Sixth Enquiry. What are the reputed boundaries and contents of land?

Seventh Enquiry. What correspondence doe they keep with their neighbours the French, and the government of New Yorke?

Eighth Enquiry. What hath been the originall cause of the present warre with the natives. What are the advantages or disadvantages arising thereby and will probably be the End?

Ninth Enquiry. What are the commodities of the production, growth and manufacture of the country, and what are those imported from other places, and particularly how the trade and navigation is carryed on, whether directly to and from England or otherwise, what number of ships do trade thither yearly, and of what burthen they are, and where built; and lastly, what notice is taken of the act of navigation?

Tenth Enquiry. What are the taxes and fines layd upon the country, what rates and duties are charged upon goods exported and imported, what publick revenue doth arise to the government, of what nature it is and how and by whom it is collected and exacted?

Eleventh Enquiry. How they generally stand affected to the government of England, what persons are most popular and at present in the magistracy, or like to be at next election?

Twelfth Enquiry. What is the present state of the ecclesiasticall government, how are the universities, at present, filled and by whome governed?

To the Kings most excellent Majestie. A short narrative touching the delivery of your Majesties letters to the magistrates of Boston in New-England, by Edward Randolph.

To the honored generall court now assembled in Boston.

Copy of a Letter from Mr. John Knowles to Governor Leverett.

Copy of a Letter from King Charles II. to the Governour and Council of the Massachusets Colony.

Copy of a Petition and Address of the General Court of the Massachusets to the King. To the King's most excellent Majestie. The humble petition and address of the governour and company of your Majesties colony of the Massachusets in New-England,

Copy of a Letter from King Charles II. to the Governor, &c. of the Massachusets.

Copy of a Letter from King Charles II. to the Governour and Council of the Massachusets Colony.

Copy of Mr. Randolph's Representation of the Bostoneers, 1680.

Copy of Edward Randolph's Articles of high Misdemeanor exhibited against the General Court sitting 15th February 1681.

Copy of a Letter from the General Court to Sir Lyonell Jenkins, one of his Majesty's principal Secretaries of State.

Copy of a Letter from Edward Randolph to the Bishop of London.

Copy of a Letter from Mr. Randolph to the Earl of Clarendon.

Copy of a Letter from Mr. Edward Randolph to the Lord Bishop of London.

Copy of the Bill for Nomination of Magistrates.

Copy of a Letter from Mr. Edward Randolph to Mr. Joseph Dudley.

Copy of the Bill for Nomination of Magistrates.

Copy of a Letter from Mr. Edward Randolph to the Right Hon. the Lords of the Committee for Trade and foreign Plantations.

Copy of a Letter from Mr. Edward Randolph to Mr. Blaithwait.

Copy of a Letter from Mr. Randolph to the Archbishop of Canterbury, 1686.

Copy of a Letter from Mr. Randolph to the Archbishop of Canterbury.

Copy of a Letter from Mr. Randolph to Mr. Povey.

Copy of a Letter from Mr. Randolph to Mr. Povey.

Copy of a Letter from Mr. William Blaithwait to Mr. Edward Randolph.

Copy of a Letter from Mr. Povey to Mr. Randolph.

Copy of a Letter from Mr. Randolph to Mr. Povey.

Copy of a Letter from Mr. Danforth to Mr. Nowell.

Copy of a Letter from Mr. Thomas Danforth to the Rev. Mr. Increase Mather.

Copy of a Letter from Mr. Randolph to the Governor of Barbados.

Copy of a Letter from Mr. Randolph to Dr. Cook.

Copy of a Letter from the General Court to the Rev. Mr. Increase Mather in London.

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A COLLECTION OF ORIGINAL PAPERS Relative to the HISTORY OF THE Colony of Massachusets-Bay.

BOSTON, NEW-ENGLAND: Printed by THOMAS and JOHN FLEET, 1769.

The PREFACE.

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THE natural increase of people upon the British continent of North-America is so great as to make it highly probable that in a few generations more a mighty Empire will be formed there.

The rise and progress of the several Colonies, of which this Empire will be constituted, will be subjects of entertainment for speculative and ingenious minds in distant ages.

He who rescues from oblivion interesting historical facts is beneficial to posterity as well as to his contemporaries, and the prospect thereof to a benevolent mind causes that employment to be agreeable and pleasant which otherwise would be irksome and painful.

[Page]The papers of which this volume consists are intended to support and elucidate the principal facts related in the first part of the History of Massachusets-Bay, and may serve as an Appendix to it.

The author of that History was possessed of many other ancient and very curious original papers, which are irrecoverably lost by an unfortunate event, sufficiently known.

If this Collection shall be favourably received, another volume of Papers will probably be published, to serve as an Appendix to the second part of the same History.

COLLECTON of PAPERS Relative to Massachusets-Bay.

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Massachusets Colony Charter.*

CHARLES by the Grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, &c.

To all to whom these Presents shall come, Greeting.

WHEREAS our most deare and royal Father King James of blessed memory, by his Highness's letters patents beareing date at Westminster the third day of November, in the eighteenth year of his reign, hath given and granted unto the Councel established at Plymouth in the county of Devon, for the planting, ruling, ordering and governing of New-England in America, and to their heirs successours and assignes for ever: All that part of America lying and being in breadth from fourty degrees of northerly latitude from the equinoxtiall line, to fourty eight degrees of the said northerly latitude inclusively, and in length of and within all the breadth aforesaid throughout the maine lands from sea to sea, together also with all the firme lands, soyles, grounds, havens, ports, rivers, waters, fishing, mines and mineralls, as well royall mines of gould and silver, as other mines and mineralls, [Page] precious stones, quarries, and all and singular other commodities, jurisdictions, privileges, franchises and preheminences both within the said tract of land upon the maine, and also within the islands and seas adjoining. Provided always that the said islands or any the premisses by the said letters patent intended and meant to be granted were not then actually possessed or inhabited by any other christian prince, or state, nor within the bounds limits or territories of the southern colonies then before granted by our said deare father to be planted by such of his loving subjects in the southern parts. To have and to hold possess and enjoy all and singular the aforesaid continent, lands, territories, islands, hereditaments and precincts, seas, waters, fishings, with all and all manner their commodities, royalties, liberties, preheminences, and profits that should from thenceforth arise from thence with all and singular their appurtenances, and every part and parcel thereof, unto the said Councel, and their successors and assignes for ever, to the sole and proper use, benefit and behoof of them the said Councel and their successors and assignes forever: To be houlden of our said most dear and royal Father, his heirs and successors, as of his mannor of East-Greenwich in the county of Kent, in free and common soccage, and not in Capite nor by knights service. Yielding and paying therefore to the said late King, his heirs and successors the fifth part of the oare of gould and silver which should from time to time and at all times thenafter happen to be found, gotten, had and obtained in, at, or within any of the said lands, limits, territories and precincts, or in or within any part or parcel thereof, for or in respect of all and all manner of duties, demands and services whatsoever to be done made or paid to our said dear Father the late King, his heirs and successors; as in and by the said letters parent (amongst sundry other clauses, powers, privileges and grants therein contained) more at large appeareth. And whereas the said Councel established at Plymouth in the county of Devon, for the planting, ruling, ordering and governing of New-England in America, have by their deed indented under their common seal, bearing date the nineteenth day of March last past, in the third year of our [Page] reign, given, granted, bargained, sold, enfeoffed, aliened and confirmed to Sir Henry Rosewell, Sir John Young, knights, Thomas Southcott, John Humphrey, John Endicott and Symon Whetcomb, their heirs and associates forever, all that part of New-England in America aforesaid which lieth and extendeth between a great river there commonly called Monomack, alias Merrimack, and a certain other river there called Charles river, being the bottom of a certain bay there commonly called Massachusetts, alias Mattachusetts, alias Massatusetts bay, and also all and singular those lands and hereditaments whatsoever lying and being within the space of three English miles on the south part of the said Charles river, or of any or every part thereof, and also all and singular the lands and hereditaments whatsoever, lying and being within the space of three English miles to the southward of the southermost part of the said bay called Massachusetts, alias Mattachusetts, alias Massatusetts bay, and also all those lands and hereditaments which lye and be within the space of three English miles to the northward of the said river called Monomack, alias Merrimack, or to the northward of any and every part thereof, and all lands and hereditaments whatsoever, lying within the limits aforesaid, north and south, in latitude and breadth, and in length and longitude, of and within all the breadth aforesaid, throughout the main lands there, from the Atlantick and western sea and ocean on the east part to the south sea on the west part, and all lands and grounds, place and places, soils, wood and wood grounds, havens, ports, rivers, waters, fishing and hereditaments whatsoever, lying within the said bounds and limits, and every part and parcel thereof, and also all islands lying in America aforesaid in the said seas or either of them on the westerne or easterne coasts or parts of the said tracts of lands by the said indenture mentioned to be given, granted, bargained, sold, enfeoffed, aliened and confirmed or any of them: And also all mines and mineralls, as well royall mines of gould and silver, as other mines and mineralls whatsoever in the said lands and premisses or any part thereof: And all jurisdictions, rights, royalties, liberties, [Page] freedoms, immunities, priviledges, franchises, preheminencies, and commodities whatsoever, which they the said Councel established at Plymouth in the county of Devon for the planting ruling ordering and governing of New-England in America then had or might use exercise or enjoy, in and within the said lands and premisses by the said indenture mentioned to be given, granted, bargained, sould, enfeoffed and confirmed, or in or within any part or parcel thereof. To have and to hould the said part of New-England in America which lyeth and extends and is abutted as aforesaid, and every part and parcel thereof; And all the said islands, rivers, ports, havens, waters, fishings, mines and minerals, jurisdictions, franchises, royalties, liberties, priviledges, commodities, hereditaments and premisses whatsoever, with the appurtenances, unto the said Sir Henry Rosewell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott and Symon Whetcomb, their heirs and assignes, and their associates, to the only proper and absolute use and behoof of the said Sir Henry Rosewell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott and Symon Whetcomb, their heires and assignes, and associates forevermore. To be houlden of us, our heirs and successors, as of our mannor of East Greenwich in the county of Kent, in free and common soccage, and not in Capite, nor by knights service, yielding and paying therefore unto us, our heirs and successors, the fifth part of the oare of gould and silver which shall from time to time and at all times hereafter happen to be found, gotten, had and obtained, in any of the said lands within the said limits, or in or within any part thereof, for and in satisfaction of all manner of duties, demands and services whatsoever, to be done, made or paid to us, our heirs or successors, as in and by the said recited indenture more at lardge may appear. Now know ye, that we, at the humble suite and petition of the said Sir Henry Rosewell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott and Symon Whetcomb, and of others whom they have associated unto them, Have, for divers good causes and considerations us moving, granted and confirmed, and by these presents of [Page] our especiall grace, certain knowledge and meere motion do grant and confirm unto the said Sir Henry Rosewell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott, and Simon Whetcombe, and to their associates hereafter named (videlicet) Sir Richard Saltonstall Knt. Isaac Johnson, Samuel Aldersey, John Ven, Matthew Craddock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuel Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuel Browne, Thomas Hutchins, William Vassall, William Pinchon, and George Foxcroft their heirs and assignes, all the said part of New England in America, lyeing and extending betweene the bounds and limits in the said recited indenture expressed, and all lands and grounds, place and places, soyles, wood and wood grounds, havens, ports, rivers, waters, mines, mineralls, jurisdictions, rights, royalties, liberties, freedoms, immunities, priviledges, franchises, preheminences, hereditaments and commodities whatsoever to them the said Sir Henry Rosewell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott and Simon Whetcombe, their heirs and assignes, and to their associates by the said recited indenture given granted bargained sould enfeoffed aliened and confirmed, or mentioned or intended thereby to be given granted bargained sould enfeoffed aliened and confirmed. To have and to hould the said part of New England in America and other the premisses hereby mentioned to be granted and confirmed and every part or parcell thereof with the appurtenances unto the said Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Symon Whetcombe, Isaac Johnson, Samuel Aldersey, John Ven, Matthew Craddock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuel Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuel Browne, Thomas Hutchins, William Vassall, William Pinchon, and George Foxcroft, their heirs and assignes for ever, to their only proper and absolute use and behoose for evermore. To be [Page] houlden of us our heirs and successours as of our mannor of East Greenwich aforesaid in free and common soccage, and not in Capite nor by knights service, and also yielding and paying therefore to us our heirs and successours the fifth part only of all oare of gould and silver, which from time to time and at all times hereafter shall be there gotten, had or obtained, for all services, exactions and demands whatsoever, according to the tenure and reservation in the said recited indenture expressed. And further know ye that of our more especiall grace, certain knowledge and meere motion we have given and granted, and by these presents do for us our heirs and successours give and grant unto the said Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Simon Whetcombe, Isaac Johnson, Samuel Aldersey, John Ven, Mattew Craddock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuel Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuel Browne, Thomas Hutchins, William Vassall, William Pinchon, and George Foxcroft, their heirs and assignes, all that part of New-England in America which lies and extends between a great river there commonly called Monomack river, alias Merrymack river, and a certain other river there called Charles river, being in the bottom of a certain bay there commonly called Massachusets, alias Mattachusets, alias Massatusets bay, and also all and singular those lands and hereditaments whatsoever lying within the space of three English miles on the south part of the said river called Charles river, or of any or every part thereof, and also all and singular the lands and hereditaments whatsoever lyeing and being within the space of three English miles to the southward of the southermost part of the said bay called Massachusetts, alias Mattachusetts, alias Massatusets bay. And also all those lands and hereditaments whatsoever which lye and be within the space of three English miles to the northward of the said river called Monomack alias Merrymack, or to the northward of any and every part thereof, and all lands and hereditaments whatsorever [Page] lyeing within the limits aforesaid north and south in latitude and breadth, and in length and longitude of and within all the breadth aforesaid throughout the maine lands there from the Atlantick and western sea and ocean on the east part, to the south sea on the west parte, and all lands and grounds, place and places, soyles, wood and wood grounds, havens, ports, rivers, waters and hereditaments whatsoever lyeing within the said bounds and limits and every part and parcel thereof, and also all islands in America aforesaid in the said seas or either of them on the western or eastern coastes, or partes of the said tracts of lands hereby mentioned to be given or granted or any of them, and all mines and mineralls as well royall mines of gould and silver as other mines and mineralls whatsoever in the said lands and premisses or any part thereof, and free liberty of fishing in or within any the rivers or waters within the bounds and limits aforesaid and the seas thereunto adjoining, and all fishes, royal fishes, whales, balan, sturgeon, and other fishes of what kind or nature soever that shall at any time hereafter be taken in or within the said seas or waters or any of them, by the said Sir Henry Rosewell, Sir John Younge, Sir Richard Sakonstall, Thomas Southcott, John Humfrey, John Endecott, Symon Whetcombe, Isaac Johnson, Samuel Aldersey, John Ven, Matthew Craddock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuel Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuel Browne, Thomas Hutchins, William Vassall, William Pinchon, and George Foxcroft their heirs and assignes, or by any other person or persons whatsoever there inhabiting by them or any of them appointed to fish therein. Provided always that if the said lands islands or any other the premisses herein before mentioned, and by these presents intended and meant to be granted, were a the time of the granting of the said former letters patents dated the third day of November in the eighteenth yeare of our said deare fathers reigne aforesaid actually possessed or inhabited by any other christian prince or state, or were within the bounds, limits, or territories of that southerne [Page] colonie then before granted by our said late father to be planted by divers of his loveing subjects in the south parts of America, that then this present grant shall not extend to any such parts or parcells thereof, so formerly inhabited or lying within the bounds of the southern plantation as aforesaid, but as to those parts or parcells so possessed or inhabited by such christian prince or state, or being within the bounds aforesaid, shall be utterly voide, these presents or any thing therein contained to the contrary notwithstanding. To have and to hould, possess and enjoy the said parts of New-England in America, which lye, extend and are abutted as aforesaid and every part and parcell thereof, and all the islands, rivers, port, havens, waters, fishings, fishes, mines, minerals, jurisdictions, franchises, royalties, liberties, priviledges, commodities and premisses whatsoever, with the appurtenances unto the said Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Symon Whetcombe, Isaac Johnson, Samuel Aldersey, John Ven, Matthew Craddock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham. Nathaniell Wright, Samuel Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuel Browne, Thomas Hutchins, William Vassall, William Pinchon and George Foxcroft, their heirs and assignes forever, to the only proper and absolute use and behoofe of the said Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Symon Whetcombe, Isaac Johnson, Samuel Aldersey, John Ven, Matthew Craddock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuel Browne, Thomas Hutchins, William Vassall, William Pinchon, and George Foxcrofte, their heirs and assignes forevermore. To be houlden of us, our heires and successours, as our mannor of East Greenwich in the county of Kent within our realme of England, in free and common soccage, and not in capite, nor by knights service, and also yeelding and paying therefore [Page] to us, our heires and successors the fifth part only of all oare of gould and silver which from time to time and at all times hereafter shall be there gotten, had or obtained, for all services, exactions and demands whatsoever. Provided alwayes and our expresse will and meaneing is, that onely one fifth part of the gould and silver oare above mentioned in the whole, and no more, be reserved or payeable unto us, our heirs and successours, by colour or vertue of these presents, the double reservations or recitals aforesaid, or any thing therein contained notwithstanding. And for as much as the good and prosperous successe of the plantation of the said parts of New-England aforesaid intended by the said Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Symon Whetcombe, Isaac Johnson, Samuel Aldersey, John Ven, Matthew Craddock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathaniell Wright, Samuel Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuel Browne, Thomas Hutchins, William Vassall, William Pinchon, and George Foxcroft, to be speedily sett upon, cannot but chiefely depend, next under the blessing of Almighty God and the support of our royall authority, upon the good government of the same, to the end that the affairs and businesses which from time to time shall happen and arise concerning the said lands and the plantation of the same, may be the better managed and ordered, We have further hereby of our especiall grace, certain knowledge and meere motion, given, granted and confirmed, and for us, our heires and successours, do give, grant and confirme unto our said trustie and well-beloved subjects Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Symon Whetcomb, Isaac Johnson, Samuel Aldersey, John Ven, Matthew Craddock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathaniell Wright, Samuel Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuel Browne, Thomas Hutchins, William Vassall, [Page] William Pinchon and George Foxcroft, and for us, our heires and successours, wee will and ordaine, That the said Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Symon Whetcombe, Isaac Johnson, Samuel Aldersey, John Ven, Matthew Craddock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuel Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuel Browne, Thomas Hutchins, William Vassall, William Pinchon, and George Foxcroft, and all such others as shall hereafter be admitted and made free of the companie and society hereafter mentioned shall from time to time and at all times forever hereafter be by virtue of these presents one body corporate politique in fact and name, by the name of the Governor and companie of the Massachusetts Bay in New England: And them by the name of the Governor and Companie of the Massachusetts Bay in New England, one body politique and corporate in deed fact and name, wee doe for us our heirs and successors make ordaine constitute and confirme by these presents, and that by that name they shall have perpetuall succession, and that by the same name they and their successors shall and may be capable and inabled, as well to impleade and to be impleaded, and to prosecute demand and answer, and be answered unto in all and singular suites, causes, quarrells, and actions of what kind and nature soever. And also to have, take, possesse, acquire and purchase any lands, tenements, or hereditaments, or any goods or chattells, the same to lease, grant, demise, alien, bargain, sell and dispose of as other our leige people of this our realme of England, or any other corporation or body politique of the same may lawfully doe. And further that the said Governor and Companie and their successors may have forever one common seale to be used in all causes and occasions of the said Companie, and the same seale may alter, change, break and new make from time to time at their pleasures. And our will and pleasure is, and we do hereby for us our [Page] heirs and successors ordaine and grant, that from henceforth for ever there shall be one Governor, one deputy Governor, and eighteen Assistants of the same Companie to be from time to time constituted elected and chosen out of the freemen of the said Companie for the time beinge, in such manner and forme as hereafter in these presents is expressed. Which said officers shall apply themselves to take care for the best disposing and ordering of the generall business and affaires of for and concerning the said lands and premisses hereby mentioned to be granted, and the plantation thereof and the government of the people there. And for the better execution of our royall pleasure and grant in this behalfe, we do by these presents for us our heires and successors nominate, ordaine, make, and constitute our well beloved the said Matthew Craddock, to be the first and present Governor of the said Companie, and the said Thomas Goffe to be deputy Governor of the said Companie, and the said Sir Richard Saltonstall, Isaac Johnson, Samuel Aldersey, John Ven, John Humfrey, John Endecott, Symon Whetcombe, Increase Nowell, Richard Perry, Nathaniel Wright, Samuel Vassall, Theophilus Eaton, Thomas Adams, Thomas Hutchins, John Browne, George Foxcroft, William Vassall, and William Pinchon to be the present Assistants of the said Companie to continue in the said several offices respectively for such time and in such manner as in and by these presents is hereafter declared and appointed. And further we will and by these presents, for us our heires and successors do ordaine and grant that the Governor of the said Companie for the time being, or in his absence, by occasion of sickness or otherwise, the deputy Governor for the time being shall have authority from time to time upon all occasions to give order for the assembling of the said Companie, and calling them together to consult and advise of the business and affaires of the said Companie. And that the said Governor, deputy Governor and Assistants of the said Companie for the time being shall or may once every month or oftner at their pleasures assemble and hould and keep a court [Page] or assembly of themselves for the better ordering and directing of their affairs. And that any seven or more persons of the Assistants together with the Governor or deputy Governour so assembled shall be said, taken, held, and reputed to be, and shall be a full and sufficient court or assembly of the said Companie, for the handling, ordering and dispatching of all such businesses and occurrents, as shall from time to time happen, touching or concerning the said Companie or plantation, and that there shall or may be held and kept by the Governor or deputy Governour of the said Companie, and seven or more of the said Assistants for the time being upon every last Wednesday in Hillary, Easter, Trinity and Michaelmas Termes respectively for ever, one great generall and solemn assembly, which four generall assemblies shall be styled and called the foure greate and generall courts of the said Company: In all or any of which said greate and generall courts so assembled, We do for us, our heires and successours, give and grant to the said Governour and Companie and theire successours, that the Governour, or in his absence the deputy Governour of the said Companie for the time being, and such of the Assistants and freemen of the said Companie as shall be present or the greater number of them so assembled, whereof the Governour or deputy Governour and six of the assistants at the least to be seven, shall have full power and authority to choose, nominate and appoint such and so many others as they shall thinke fitt, and that shall be willing to accept the same, to be free of the said Company and Body, and them into the same to admit and to elect and constitute such officers as they shall thinke fitt and requisite for the ordering, managing and dispatching of the affaires of the said Governor and Companie and theire successours, and to make lawes and ordinances for the good and welfare of the said Companie, and for the government and ordering of the said lands and plantation, and the people inhabiteing and to inhabite the same, as to them from time to time shall be thought meete. So as such lawes and ordinances be not [Page] contrary or repugnant to the laws and statutes of this our realme of England. And our will and pleasure is, and we do hereby for us, our heires and successours, establish and ordaine, That yearely once in the yeare forever hereafter, namely the last wednesday in Easter terme yearely, the Governour, deputy Governour and Assistants of the said Companie, and all other officers of the said Companie shall be in the generall court or assemblie to be held for that day or time newly chosen for the yeare insueing by such greater part of the said Companie for the time being, then and there present, as is aforesaid. And if it shall happen the present Governour, deputy Governour and Assistants by these presents appointed, or such as shall hereafter be newly chosen into their rooms, or any of them, or any other of the officers to be appointed for the said Companie, to dye, or to be removed from his or their severall offices or places before the said generall day of election (whom we do hereby declare for any misdemeanor or defect to be removeable by the Governor, deputy Governor, Assistants and Companie, or such greater part of them in any of the publick courts to be assembled as is aforesaid) that then and in every such case it shall and may be lawfull to and for the Governour, deputy Governour, Assistants and Companie aforesaid, or such greater part of them so to be assembled as is aforesaid, in any of their assemblies to proceed to a new election of one or more others of their Companie in the room or place, rooms or places of such officer or officers so dyeing or removed according to their discretions. And immediately upon and after such election and elections made of such Governour, deputy Governour, Assistant or Assistants or any other officer of the said Companie in manner and forme aforesaid, the authority, office and power before given to the former Governour, deputy Governour, or other officer, and officers so removed, in whose stead and place new shall be so chosen, shall as to him and them and every of them cease and determine. Provided also, and our will and pleasure is that as well such as are by these presents appointed to be the present [Page] Governour, deputy Governour and Assistants of the said Companie, as those that shall succeed them, and all other officers to be appointed and chosen as aforesaid shall before they undertake the execution of their said offices and places respectively take their corporall oathes for their due and faithfull performance of their duties in their severall offices and places, before such person or persons as are by these presents hereunder appointed to take and receive the same, that is to say, the said Matthew Craddock who is hereby nominated and appointed the present Governour of the said Companie shall take the said oathes before one or more of the Masters of our court of chancery for the time being, unto which Master or Masters of the Chancery we do by these presents give full power and authority to take and administer the said oath to the said Governour accordingly. And after the said Governour shall be so sworne, then the said deputy Governour and Assistants before by these presents nominated and appointed shall take the said several oathes to their offices and places respectively belonging before the said Matthew Craddock the present Governour so sworne as aforesaid. And every such person as shall at the time of the annuall election, or otherwise upon death or removall, be appointed to be the new Governour of the said Companie shall take the oathes to that place belonging before the deputy Governour or two of the Assistants of the said Companie at the least for the time being. And the new elected deputy Governour and Assistants, and all other officers to be hereafter chosen as aforesaid from time to time shall take the oathes to their places respectively belonging before the Governour of the said Companie for the time being. Unto which said Governour, deputy Governour and Assistants, we do by these presents give full power and authority to give and administer the said oathes respectively, according to the true meaning herein before declared, without any commission or further warrant to be had and obtained of us, our heirs and successors in that behalfe. And we do further of our especiall grace, certain knowledge [Page] and meere motion for us our heires and successours give and grant to the said Governour and Companie and their successors for ever by these presents, that it shall be lawfull and free for them and their assignes at all and every time and times hereafter, out of any of our realmes and dominions whatsoever, to take, leade, carry and transport for in and into their voyages, and for and towards the said plantation in New England all such and so many of our loving subjects or any other strangers that will become our loving subjects and live under our allegiance, as shall willingly accompany them in the same voyages and plantation, and also shipping armour weapons ordinance ammunition, powder, shott, corne, victuals, and all manner of clothing, implements, furniture, beasts, cattle, horses, mares, merchandizes, and all other things necessary for the said plantation, and for their use and defence, and for trade with the people there, and in passing and returning to and fro, any law or statute to the contrary hereof in any wise notwithstanding,* and without paying or yeelding any custome or subsidie either inward or outward to us, our heires or successours, for the same, by the space of seven yeaers from the day of the date of these presents. Provided that none of the said persons be such as shall be hereafter by speciall name restrained by us, our heires or successours. And for theire further incouragement, of our especiall grace and favour, we do by these presents for us, our heires and successours, yeeld and grant to the said Governor and Companie and theire successours and every of them, their factors and assignes, that they and every of them shall be free and quitt from all taxes, subsidies and customes in New-England for the like space of seven yeares, and from all taxes and impositions for the space of twenty and one yeares upon all goods and merchandises at any time or times hereafter, either upon importation thither, or exportation from thence, into our realme of England, or into any other of our dominions, by the said Governour and Companie and theire successours, their deputies, factors and assignes, or any of them, except only [Page] the five pounds per centum due for custome upon all such goods and merchandises, as after the said seven yeares shall be expired shall be brought or imported into our realme of England, or any other of our dominions, according to the ancient trade of merchants, which five pounds per centum onely being paid, it shall be thenceforth lawfull and free for the said adventurers the same goods and merchandizes to export and carry out of our said dominions into forreine parts, without any custome, taxe or other duty to be paid to us, our heires or successours, or to any other officers or ministers of us, our heires and successours. Provided that the said goods and merchandises be shipped out within thirteen months after theire first landing within any part of the said dominions. And we do for us, our heires and successours, give and grant unto the said Governour and Companie and their successours, that whensoever, or so often as any custome or subsidie shall grow due or payable unto us, our heires or successours, according to the limitation and appointment aforesaid, by reason of any goods, wares or merchandises to be shipped out, or any return to be made of any goods, wares or merchandises, unto or from the said parts of New-England hereby mentioned to be granted as aforesaid, or any the lands and territories aforesaid, that then and so often and in such case the farmors customers and officers of our customes of England and Ireland, and every of them for the time being, upon request made to them by the said Governor and Company or their successours, factors, or assignes, and upon convenient security to be given in that behalfe, shall give and allowe unto the said Governour and Companie and their successours, and to all and every person and persons free of that Companie as aforesaid, six months time for the payment of the one halfe of all such custome and subsidie as shall be payable unto us, our heires and successours for the same, for which these our letters patents, or the duplicate or the inrollment thereof, shall be unto our said officers a sufficient warrant and discharge. Nevertheless, our will and pleasure is, that any of the said goods, wares and merchandises [Page] which be or shall be at any time hereafter landed or exported out of any of our realmes aforesaid, and shall be shipped with a purpose not to be carried to the parts of New-England aforesaid, but to some other place, that then such payment, dutie, custome, imposition or forfeiture shall be paid or belong to us, our heires and successors, for the said goods, wares and merchandise so fraudulently sought to be transported, as if this our grant had not been made or granted. And wee do further will and by these presents for us, our heirs and successors, firmely enjoine and commande as well the Treasurer. Chancellor and Barons of the Exchequer of us, our heires and successors, as also all and singular the customers, farmers and collectors of the customes, subsidies and imposts, and other the officers and ministers of us, our heires and successors, whatsoever for the time being, that they and every of them, upon the shewing forth unto them of these letters patents, or the duplicate or exemplification of the same, without any other writt or warrant whatsoever from us, our heires or successors, to be obtained or sued forth, do and shall make full, whole, entire and due allowance and cleare discharge unto the said Governour and Companie and theire successors, of all customes, subsidies, impositions taxes and duties whatsoever that shall or may be claymed by us, our heires and successors, of or from the said Governor and Companie and their successors, for or by reason of the said goods, chattels, wares, merchandises and premises to be exported out of our said dominions, or any of them, into any part of the said lands or premises hereby mentioned to be given, granted and confirmed, or for or by reason of any of the said goods, chattels, wares or merchandises to be imported from the said lands and premises hereby mentioned to be given, granted and confirmed, into any of our said dominions or any part thereof as aforesaid, excepting only the said five pounds per centum hereby reserved and payable after the expiration of the said terme of seven years as aforesaid and not before. And these our letters patents, or the inrollment duplicate or exemplification of the same [Page] shall for ever hereafter from time to time, as well to the Treasurer, Chanchellor and Barons of the Exchequer of of us our heires and successors, as to all and singular the customers, Farmors and Collectors of the customs subsidies and imposts of us our heires and successors, and all searchers and other the officers and ministers whatsoever of us our heires and successors for the time being a sufficient warrant and discharge in this behalfe. And further our will and pleasure is, and we doe hereby for us, our heires and successors, ordaine, declare and grant to the said Governour and Companie and theire successors, That all and every the subjects of us, our heires or successors, which shall goe to and inhabite within the said lands and premisses hereby mentioned to be granted, and every of theire children which shall happen to be borne there, or on the seas in going thither or returneing from thence, shall have and enjoy all liberties and immunities of free and naturall subjects within any of the dominions of us, our heires or successors, to all intents, constructions and purposes whatsoever, as if they and every of them were borne within the realme of England. And that the Governour, and deputy Governour of the said Companie for the time being or either of them, and any two or more of such of the said Assistants as shall be thereunto appointed by the said Governour and Companie at any of their courts or assemblies to be held as aforesaid, shall and may at all tymes and from tyme to tyme hereafter have full power and authority to administer and give the oath and oathes of supremacie and allegiance or either of them to all and every person and persons which shall at any tyme or tymes hereafter goe or passe to the lands and premisses hereby mentioned to be granted to inhabite in the same. And wee do of our further grace, certaine knowledge and meere motion give and grant to the said Governor and Companie and their successors, that it shall and may be lawfull to and for the Governour or deputy Governor and such of the Assistants and Freemen of the said Company for the tyme being as shall be assembled in any of their generall courts aforesaid, or in any [Page] other courts to be specially summoned and assembled for that purpose, or the greater part of them (whereof the Governour or deputy Governor and sixe of the Assistants to be always seven) from tyme to tyme to make, ordaine and establish all manner of wholesome and reasonable orders, lawes, statutes and ordinances, directions and instructions not contrary to the lawes of this our realme of England, as well for the settling of the formes and ceremonies of government and magistracie fitt and necessary for the said plantation and the inhabitants there, and for nameing and styling of all sorts of officers both superiour and inferiour which they shall find needful for that government and plantation, and the distinguishing and setting forth of the severall duties, powers and limits of every such office and place, and the formes of such oathes warrantable by the lawes and statutes of this our realme of England as shall be respectively ministred unto them, for the execution of the said several offices and places, as also for the disposing and ordering of the elections of such of the said officers as shall be annuall, and of such others as shall be to succeed in case of death or removall, and ministring the said oathes to the new elected officers, and for imposition of lawfull fynes, mulcts, imprisonment or other lawfull correction, according to the course of other Corporations in this our realme of England, and for the directing, ruleing and disposeing of all other matters and things whereby our said people inhabiting there may be so religiously, peaceably and civilly governed, as theire good life and orderly conversation may winne and invite the natives of that country to the knowledge and obedience of the onely true God and Saviour of mankind, and the christian faith, which in our royall intention and the adventurers free profession is the principal end of this plantation. Willing, commanding and requiring, and by these presents for us, our heires and successors, ordaineing and appointing, that all such orders, lawes, statutes and ordinances, instructions and directions as shall be made by the Governour or deputy Governour of the said Company and such of the Assistants [Page] and Freemen as aforesaid and published in writing under theire common seale, shall be carefully and duely observed, kept, performed and putt in execution according to the true intent and meaneing of the same. And these our letters patents or the duplicate or exemplification thereof shall be to all and every such officers, superiour and inferiour, from tyme to tyme, for the putting of the same orders, lawes, statutes and ordinances, instructions and directions in due execution against us, our heirs and successors, a sufficient warrant and discharge. And we doe further for us, our heirs and successors, give and grant to the said Governor and Companie and their successors, by these presents, That all and every such chiefe commanders, captains, governours and other officers and ministers, as by the said orders, lawes, statutes, ordinances, instructions or directions of the said Governour and Companie for the tyme being, shall be from tyme to tyme hereafter imployed either in the government of the said inhabitants and plantation, or in the way by sea thither or from thence, according to the natures and limits of theire offices and places respectively, shall from tyme to tyme hereafter forever within the precincts and parts of New-England hereby mentioned to be granted and confirmed, or in the way by sea thither, or from thence, have full and absolute power and authority to correct, punish, pardon, governe and rule all such the subjects of us, our heires and successors as shall from tyme to tyme adventure themselves in any voyage thither or from thence, or that shall at any tyme hereafter inhabite within the precincts and parts of New-England aforesaid, according to the orders, lawes, ordinances, instructions and directions aforesaid, not being repugnant to the lawes and statutes of our realme of England as aforesaid. And wee do further for us, our heires and successors, give and grant to the said Governour and Companie and theire successors, by these presents, That it shall and may be lawful to and for the chief commanders, governors and officers of the said companie for the tyme being, who shall be resident in the said part of New-England [Page] in America by these presents granted, and others there inhabiteing, by their appointment and direction from tyme to tyme and at all tymes hereafter, for their speciall defence and safety to incounter, repulse, repell and resist by force of armes, as well by sea as by land, and by all fitting wayes and meanes whatsoever, all such person and persons as shall at any tyme hereafter attempt or enterprise the destruction, invasion, detriment or annoyance to the said plantation or inhabitants: And to take and surprise by all wayes and meanes whatsoever all and every such person and persons, with their shipps, armour, munition and other goods as shall in hostile manner invade and attempt the defeatinge of the said plantation, or the hurt of the said Companie and inhabitants. Nevertheless, our will and pleasure is, and we do hereby declare to all Christian Kings, Princes and States, That if any person or persons which shall hereafter be of the said Companie or plantation, or any other by lycense or appointment of the said Governour and Companie for the tyme being, shall at any tyme or tymes hereafter, robb or spoyle by sea or by land, or do any hurt, violence, or unlawfull hostility to any of the subjects of us, our heires or successors, or any of the subjects of any Prince or State being then in league and amity with us, our heires and successors, and that upon such injury done, and upon just complaint of such Prince or State or theire subjects, Wee, our heires or successors shall make open proclamation within any of the parts within our realme of England commodious for that purpose, that the person or persons having committed any such robbery or spoyle, shall within the terme limited by such a proclamation make full restitution or satisfaction of all such injuries done, so as the said Princes or others so complaining may hould themselves fully satisfied and contented. And that if the said person or persons having committed such robbery or spoyle shall not make or cause to be made satisfaction accordingly, within such tyme so to be lymited, that then it shall be lawfull for us, our heires and successors, to putt the said person or persons out of [Page] our allegiance and protection; and that it shall be lawfull and free for all Princes to prosecute with hostility the said offenders and every of them, theire and every of theire procurers, ayders, abetttors and consortes in that behalfe. Provided also, and our expresse will and pleasure is, and wee do by these presents for us, our heirs and successors, ordaine and appoint, that these presents shall not in any manner enure, or be taken to abridge, barre or hinder any of our lovinge subjects whatsoever to use and exercise the trade of fishing upon that coast of New England in America by these presents mentioned to be granted: But that they or any and every or any of them shall have full and free power and liberty to continue and use theire said trade of fishing upon the said coast in any of the seas thereunto adjoineing, or any armes of the seas or salt-water rivers where they have beene wont to fish, and to build and set up upon the lands by these presents granted such wharfes, stages and workhouses as shall be necessary for the salting, drying, keeping and packing up of theire fish to be taken or gotten upon that coast; and to cut downe and take such trees and other materialls there growing, or being, or shall be needfull or that purpose, and for all other necessary easements, helpes and advantage concerning theire said trade of fishing there in such manner and forme as they have beene heretofore at any tyme accustomed to doe, without makeing any wilfull waste or spoyle, any thing in these presents contained to the contrary notwithstanding. And we do further for us our heires and successors ordaine and grant the said Governour and Companie and heires successors by these presents, that these our letters patents shall be firme good effectual and available in all things and to all intents and constructions of lawe, according to our true meaning herein before declared, and shall be construed reputed and adjudged in all cases most favourably on the behalfe and for the benefit and behoofe of the said Governour and Companie and their successors. Although expresse mention of the true yearly value or certainty of the premisses, or any of them, or of [Page] any other gifts or grants by us or any other of our progenitors or predecessors to the foresaid Governour and Companie before this time made, in these presents is not made, or any statute, act, ordinance, provision, proclamation or restraint to the contrary thereof heretofore had, made, published, ordained or provided, or any other matter cause or thing whatsoever to the contrarie thereof in any wise notwithstanding. In witnes whereof we have caused these our letters to be made patent. Witness ourselves at Westminster, the fourth Day of March in the fourth yeare of our reigne.

This is a true copy of such letters patents

Loc. Sigilli.

under the great seal of England. In testimony whereof I John Winthrop governour of the Mattachusetts aforesaid have caused the publick seal of the same to be hereunto affixed this 19th day of the month called March 1643. 1644.

John Winthrop, Gov.

[Page]

Mr. Francis Higginson's Agreement with the Massachusets Company, the Engagement of several of the principal Undertakers to transport themselves and Families, Mr. Higginson's Journal of his Voyage, his Considerations in favour of the design of colonizing, and his Answer to the Objections made against it.
The Agreement with Mr. Higginson.

A true note of the allowance that the New England Company gave by common consent and order of their court and counsell granted unto Mr. Francis Higginson minister, for his maintenance in New England, April 8. 1629.

1. IMPRIMIS, that 30l. in money shall be forthwith paid him by the Companyes treasurer towards the chardges of fitting himself with apparell and other necessaryes for his voyage.

2. Item, that 10l. more shall be payed over by the said treasurer towards the providing of books for present use.

3. Item, that he shall have 30l. yearely paid him for three yeares to beginne from the tyme of his first arrivall in New England; and so to be accounted and paid him at the end of every yeare.

4. Item, that during the said tyme the Company shall provide for him and his family necessaryes of diett, housing and firewood; and shall be att charges of transporting him into New England: And at the end of the said 3 yeares, if he shall not like to continue there any longer, to be at the charge of transporting him backe for England.

5. Item, that in convenient tyme an house shall be built, and certayne lands allotted thereunto; which during his stay in the country and continuance in the ministry shall bee for his use; and after his death or removall the same to be for succeeding ministers.

[Page]6. Item, at the expiration of the said 3 yeares an 100 acres of land shall be assigned to him and his heires forever.

7. Item, that in case hee shall depart this life in that country, the said Company shall take care for his widdow during her widdowhood and aboade in that country and plantation; and the like for his children whilst they remaine upon the said plantation.

8. Item, that the milke of 2 kyne shall bee appointed towards the chardges of diett for him and his familye as aforesaid, and halfe the increase of calves during the said 3 years: But the said 2 kyne, and the other halfe of the increase to returne to the Company at the end of the said 3 years.

9. Item, that he shall have liberty of carrying over bedding, linnen, brasse, iron, pewter, of his owne for his necessary use during the said tyme.

10. Item, that if he continue 7 years upon the said plantation, that then 100 acres of land more shall be allotted him for him and his for ever.

The true coppie of the agreement at Cambridge, August 26. 1629.

UPON due consideration of the state of the plantation now in hand for New England, wherein wee (whose names are hereunto subscribed) have engaged ourselves: and having weighed the greatnes of the worke in regard of the consequence, God's glory and the churches good: As also in regard of the difficultyes and discouragements which in all probabilityes must be forecast upon the execution of this businesse: Considering withall that this whole adventure growes upon the joynt confidence we have in each others fidelity and resolution herein, so as no man of us would have adventured it without assurance of the rest: Now, for the better encouragement of ourselves and others that shall joyne with us in this action, and to the end that every man may without scruple dispose [Page] of his estate and afayres as may best fitt his preparation for this voyage, it is fully and faithfully agreed amongst us, and every of us doth hereby freely and sincerely promise and bind himselfe in the word of a christian and in the presence of God who is the searcher of all hearts, that we will so really endeavour the execution of this worke, as by God's assistance we will be ready in our persons, and with such of our severall familyes as are to go with us, and such provision as we are able conveniently to furnish ourselves withall, to embarke for the said plantation by the first of March next, at such port or ports of this land as shall be agreed upon by the Companie, to the end to passe the seas (under God's protection) to inhabite and continue in New England. Provided always, that before the last of September next the whole government together with the patent for the said plantation be first by an order of court legally transferred and established to remain with us and others which shall inhabite upon the said plantation. And provided also that if any shall be hindered by such just and inevitable lett or other cause to be allowed by 3 parts of foure of these whose names are hereunto subscribed, then such persons for such tymes and during such letts to be discharged of this bond. And we do further promise every one for himselfe, that shall fayle to be ready through his own default by the day appointed, to pay for every day's default the sum of 3l. to the use of the rest of the Companie who shall be ready by the same day and time.

This was done by order of court the 29th of August, 1629.

Richard Saltonstall

Tho: Dudley

William Vassall

Nicko: West

Isaack Johnson

John Humfrey

Tho: Sharp

Increase Nowell

John Winthrop

Will: Pinchon

Kellam Browne

William Colbron.

[Page]

Generall considerations for the plantation in New England, with an answer to several objections.

FIRST, it will be a service to the church of great consequence, to carry the gospell into those parts of the world, and to raise a bulwarke against the kingdom of Antichrist which the Jesuits labour to rear up in all places of the world.

Secondly, all other churches of Europe are brought to desolation, and it may be justly feared that the like judgment is coming upon us; and who knows but that God hath provided this place to be a refuge for many whom he meanes to save out of the general destruction.

Thirdly, the land growes weary of her inhabitants, so that man, which is the most precious of all creatures, is here more vile and base than the earth they tread upon; so as children, neighbours and friends, especially of the poore, are counted the greatest burdens which, if things were right, would be the highest earthly blessings.

Fouthly. Wee are growen to that excess and intemperance in all excess of riot as no meane estate almost will suffice to keep saile with his equals, and he that fayles in it must live in sorrow and contempt. Hence it comes to passe that all arts and trades are carried in that deceitful manner and unrighteous course as it is almost impossible for a good upright man to maintayne his chardge and live comfortably in any of them.

Fifthly. The schools of learning and religion are so corrupted, as (besides the unsupportable chardge of this education) most children, (even the best wittiest and of fayerest hopes) are perverted, corrupted and utterly over powered by the multitude of evill examples and licentious governors of those seminaries.

Sixthly. The whole earth is the Lord's garden and hee hath given it to the sons of Adam to bee tilled and improved by them, why then should we stand starving [Page] here for places of habitation (many men spending as much labour and cost to recover or keepe sometymes an acre or two of lands, as would procure him many hundreds of acres, as good or better in another place) and in the meane tyme suffer whole countryes as profitable for the use of man, to lye waste without any improvement?

Seventhly. What can bee a better worke and more noble and worthy a christian, than to helpe to raise and support a particular church while it is in its infancy, and to join our forces with such a company of faithfull people, as by a tymely assistance may grow stronger and prosper, and for want of it may be put to great hazzard if not wholly ruined?

Eightly. If any such as are known to bee godly and live in wealth and prosperity here, shall forsake all this to joyn themselves with this church, and runne in hazard with them of hard and meane condition, it will be an example of great use both for the removing of scandall and sinister and worldly respects, to give more lyfe to the faith of God's people in their prayers for the plantation and also to encourage others to joyne the more willingly in it.

OBJECTIONS.

Object. 1. It will be a great wrong to our owne church and country to take away the best people; and we still lay it more open to the judgments feared.

Ans. 1st The number will be nothing in respect of those that are left. 2dly, Many that live to no use here, more than for their own private familyes may bee employed to a more common good in another place. 3dly, Such as are of good use here may yett be so employed as the church shall receive no losse. And since Christ's coming the church is to be conceived as universall without distinction of countryes, so as he that doth good in any one place serves the church in all places, in regard of the unitye. 4thly, It is the revealed will of God that the gospell should be preached to all nations, and though we know not whether the Indians will receive it or not, yet [Page] it is a good worke to observe God's will in offering it to them; for God shall have glory by it though they refuse it.

Obj. 2. Wee have feared a judgment a long tyme, but yet we are safe; therefore it were better to stay till it come, and either we may flie then, or if we be overtaken in it wee may well be content to suffer with such a church as ours is.

Ans. It is likely that this consideration made the churches beyond the seas as the Palatinate and Rochel, &c. to sit still at home, and not look out for shelter while they might have found it, but the wofull spectacle of their ruine may teach us more wisdome to avoid the plague while it is foreseene, and not to tarry as they did till it overtooke them. If they were now at their former liberty wee may be sure they would take other courses for their safety. And though most of them had miscarried in their escape, yet it had not been halfe so miserable to themselves, or scandalous to religion, as this desperate backsliding and abjuring the truth, which many of the antient professors among them, and the whole posterity that remayne are plunged into.

Obj. 3. Wee have here a fruitfull land with peace and plenty of all things.

Ans. Wee are like to have as good conditions there in tyme; but yet we must leave all this abundance, if it bee not taken from us. When we are in our graves, it will be all one whether we have lived in plenty or in penury, whether we have dyed in a bed of downe or lockes of straw. Onely this is the advantage of the meane condition, that it is a more freedom to dye. And the lesse comfort any have in the things of this world, the more liberty they have to lay up treasure in heaven.

Obj. 4. Wee may perish by the way or when wee come there, having hunger or the sword, &c. and how uncomfortable will it be to see our wives and children and friends come to such miserie by our occasion?

Ans. Such objections favour too much of the flesh. Who [Page] can secure himselfe or his from the like calamities here? If this course be warrantable, we may trust God's providence for these things. Either he will keepe those evils from us, or will dispose them for our good and enable us to beare them.

Obj. 5. But what warrant have we to take that land, which is and hath been of long tyme possessed of others the sons of Adam?

Ans. That which is common to all is proper to none. This savage people ruleth over many lands without title or property; for they inclose no ground, neither have they cattell to maintayne it, but remove their dwellings as they have occasion, or as they can prevail against their neighbours. And why may not christians have liberty to go and dwell amongst them in their waste lands and woods (leaving them such places as they have manured for their corne) as lawfully as Abraham did among the Sodomites? For God hath given to the sons of men a two-fould right to the earth; there is a naturall right and a civil right. The first right was naturall when men held the earth in common, every man sowing and feeding where he pleased: Then, as men and cattell increased, they appropriated some parcells of ground by enclosing and peculiar manurance, and this in tyme got them a civil right. Such was the right which Ephron the Hittite had to the field of Machpelah, wherein Abraham could not bury a dead corpse without leave, though for the out parts of the countrey which lay common, he dwelt upon them and tooke the fruite of them at his pleasure. This appears also in Jacob and his sons, who fedd their flocks as bouldly in the Canaanites land, for he is said to be lord of the country; and at Dotham and all other places men accounted nothing their owne, but that which they had appropriated by their own industry, as appears plainly by Abimelech's servants, who in their own countrey did often contend with Isaac's servants about wells which they had digged; but never about the lands which they occupied. So likewise betweene Jacob and Laban; he would not [Page] take a kidd of Laban's without speciall contract; but he makes no bargaine with him for the land where he fedd. And it is probable that if the countrey had not been as free for Jacob as for Laban, that covetuous wretch would have made his advantage of him, and have upbraided Jacob with it as he did with the rest. 2dly, There is more than enough for them and us. 3dly, God hath consumed the natives with a miraculous plague, whereby the greater part of the country is left voide of inhabitants. 4thly, We shall come in with good leave of the natives.

Obj. 6. We should send our young ones and such as can best be spared, and not of the best of our ministers and magistrates.

Ans. It is a great worke, and requires more skilfull artificers to lay the foundation of a new building, than to uphold and repayre one that is already built. If great things be attempted by weake instruments, the effects will be answerable.

Obj. 7. Wee see that those plantations that have been formerly made succeeded ill.

Ans. The fruit of any public designe is not to be discerned by the imediate success: it may appear in tyme, that they were all to good use. 2dly, There were great fundamental errours in others, which are like to be avoided in this: for 1st there mayne end and purpose was carnall and not religious. 2d, They aymed chiefly at profitt and not at the propagation of religion. 3d, They used too unfitt instruments, a multitude of rude and ungoverned persons, the very scums of the land. 4th, They did not stablish a right fourme of government.

§

[Page]

A true relation of the last voyage to New England, declaring all circumstances with the manner of the passage we had by sea, and what manner of country and inhabitants we found when we came to land; and what is the present state and condition of the English people that are there already.

Faithfully recorded according to the very truth, for the satisfaction of very many of my loving friends, who have earnestly requested to be truly notifyed in these things.

Written from New England July 24. 1629.

Any curious criticke that lookes for exactnes of phrases, or expert seaman that regards propriety of sea-termes, may be disappointed.

A true relation of the last voyage to New England, made the last summer, begun the 25th of April, being Saturday Anno Domini, 1629.

THE Company of New England, consisting of many worthy gentlemen in the citty of London, Dorcester, and other places, ayming at the glory of God, the propagation of the gospell of Christ, the conversion of the Indians, and the enlargement of the King's Majesty's dominions in America, and being authorised by his royal letters patents for that end, at their very great costs and charges, furnished 5 ships to go to New England, for the further settling of the English plantation that they had already begun there.

The names of the 5 shipps were as followeth.

The first is called the Talbot, a good and strong ship of 300 tunnes, and 19 pieces of ordinance, and served with 30 mariners. This ship carried about an 100 planters, 6 goates, 5 great pieces of ordinance, with meale, oatemeale, pease, and all manner of munition and provision for the plantation for a twelve monthe.

The second the George, another strong ship also, about 300 tunnes, 20 pieces of ordinance, served with about 30 [Page] mariners; her chiefe carriage were cattell, 12 mares, 30 kyne, and some goates: Also there gad in her 52 planters and other provision.

The third is called the Lyon's Whelpe, a neat and nimble ship of 120 tunnes, 8 pieces of ordinance, carrying in her many mariners and about 40 planters, specially from Dorcester and other places thereabouts, with provision, and 4 goats.

The 4th is called the Four Sisters, as I heare, of about 300 tunns, which sayme ship carried many cattell, with passengers and provision.

The 5th is called the Mayflower, carrying passengers and provision.

Now amongst these 5 ships, the George having the special and urgent cause of hastening her passage, set sayle before the rest about the middle of April. And the Four Sisters and the Mayflower, being not thoroughly furnished, intended, as we heard, to set forth about 3 week after us: But we that were in the Talbot and the Lyon's Whelpe, being ready for our voyage, by the good hand of God's providence, hoysted our sayle from Graves-end on Saturday the 25th of April, about 7 o'clock in the morning. Having but a faynt wynd we could not go farre that day, but at night we arrived against Leigh, which is 12 miles from Graves-end, and there we rested that night, and kept Sabbath the next day.

On Monday (the 27th) we sat forward and came to the flatts, a passage somewhat difficult by reason of the narrownes of the channel and shallownes of the water; and going over this we were in some daunger: for the ship being heavy laden and drawing deepe water was sensibly felt of us all to strike 3 or 4 tymes on the ground: but the wind blowing somewhat strong we were carried swiftly on, and at last by God's blessing came safe to ancre at Gorin roade.

Tuesday (28th) we went a little further, and ancred over against Margret downe, staying for a wind for the Downes.

Wednesday (29th) we came safely through with much turning and tacking thorow the gullies into the Downes, and stayed that night.

[Page]Thursday (30th) Fryday and Saturday (May 1st & 2d) the wind blew hard from south west and caused our ship to daunce, and divers of our passengers and my wiffe specially were sea sicke. Here the King's ship called the Assurance, pressed 2 of our mariners. Here we saw many porpuses playing in the sea, which they say is a signe of fowle weather.

(May 3.) Sabbath day, a windye day and could: We kept Sabbath staying still at the Downes.

Monday (4th) God sent us a fayre gale of winde, North N. East, whereby we came merrily from the Downes, and passing Dover we saw 6 or 7 saile of Dunkirkers wafting after us; but it seemed they saw our company was too strong for them, for then we had with us 3 or 4 ships that went for the Streights: So they returned backe from pursuing us any longer. But sayling with a good wind we went speedily, and at night came neere the Isle of Wight, but being darke, we durst not put into the channell, but put backe for sea-roome 4 houres, and then other 4 houres sayled backe agayne the same way.

Tuesday (5th) early in the morning we entered the channell, the wind being weake and calme, and passed by Portsmouth very slowly; but in the afternoone the wind quickened, and we were forced to ancre a little on this side Cowcastle, but the wind growing more favourable, we weighed and came to ancre againe, right against Cowcastle, thinking to stay that night, the wind being very calme. Here I and my wiffe and my daughter Mary, and 2 maids, and some others with us, obtained of the master of the ship to go a shoare to refresh us, and to wash our linnens, and so we lay at Cowes that night. But the wind turning when we were absent, they hoysted sayle and left us there, and ancred 8 miles further, over against Yarmouth, about 8 of the clocke at night.

Wednesday (6th) betyme in the morning the shalope was sent from the ship to fetch us to Yarmouth; but the water proved rough and our women desired to be sett on shoare 3 miles short of Yarmouth, and so went on foote by land and lodged in Yarmouth that night.

[Page]On Thursday and Fryday (7th & 8th) there master Becher, allowed by the Company, gave me 40s. to make our provision of what things we would for the voyage.

Saturday (9th) we went to board againe; and this day we had 2 other men pressed to serve the King's ship; but we got one agayne by intreaty.

The Sabbath next day (10th) we kept the ship, where I preached in the morning; and in the afternoone was intreated to preach at Yarmouth, where Mr. Meare and Captain Borley entertained us very kyndly, and earnestly desired to be satisfied of our safe arrivall in New England, and of the state of the country.

Monday morning (11th) blew a fayre wind from E.S.E. and the Lion's Whelpe having taken in all her provision for passengers, about 3 of the clocke in the afternoone we hoysed sayle for the Needles, and by God's guidance safely passed that narrow passage a little after 4 a clocke in the afternoone. And being entred into the sea, from the top of the mast, we discerned 4 sayle of ships lying southward from us. But night coming on we tooke in our long boate and shalope. And the next day (12th) we had a fayre gale of easterly wind that brought us towards night as farre as the Lizzard.

Wednesday (10th) the wind still houlding easterly, we came as farre as the land's end, in the utmost part of Cornwall, and so left our deare native soyle of England behind us; and sayling about 10 leagues further we passed the Iles of Scillic and launched the same day a great way into the maine ocean. And now my wiffe and other passengers began to feele the tossing waves of the westerne sea, and so were very sea sicke,

And this is to be noted, that all this while our passage hath beene upon the coast of England, so ought truly to be accounted the first day of our parting with Ould England.

Thursday (14th) the same easterly wind blew all day and night, and the next day (15th) so that some of the seamen thought we were come by this tyme 200 leagues from England, but toward night the wind was calme.

[Page]Saturday (16th) we were be calmed all day. This day met us a little ship that came from Christopher islands.

Sabbath (17th) being the first Lord's day we held at sea was very calme, especially in the morning, but we were disturbed in our morning service by the appearance of a Biscayners ship, a man of warre, that made towards us, and manned out his boate to view us: But finding us too strong for him he durst not venture to assault us, but made off.

This day my two children Samuel and Mary began to be sicke of the small pocks and purples together, which was brought into the ship by one Mr. Browne who was sicke of the same at Graves-end, whom it pleased God to make the first occasion of bringing that contagious sicknes among us, wherewith many were after afflicted.

Monday (18th) calme still, the wind being N.W. blowing a little towards evening, but contrary to our course.

Tuesday (19th) wind S. W. as little helpfull as the former and blowing very weake. This day the master of the ship, myselfe and another went aboard the Lion's Whelpe, where Mr. Gibs made us welcome with bountifull entertainment. And this day towards night my daughter grew sicker, and many blew spots were seene upon her breast, which affrighted us. At the first we thought they had beene the plague tokens; but we found afterwards that it was only an high measure of the infection of the pocks, which were strucke agayne into the child, and so it was God's will the child dyed about 5 of the clocke at night, being the first in our ship that was buried in the bowells of the great Atlantic sea; which, as it was a griefe to us her parents and a terrrour to all the rest, as being the beginning of a contagious disease and mortality, so in the same judgment it pleased God to remember mercy in the child, in forcing it from a world of misery wherein otherwise she had lived all her daies. For being about 4 years ould, a yeare since, we know not by what meanes, sweyed in the backe, so that it was broken and grew crooked, and the joynts of her hipps were loosed and her knees went crooked, pittiful to see. Since which she hath had a most [Page] lamentable payne in her belly, and would oft tymes cry out in the day and in her sleep also, my belly! which declared her extraordinary distemper. So that in respect of her we had cause to take her death as a blessing from the Lord to shorten her miserie.

Wednesday (20th) a wet morning, the wind was W.S.W. and in the afternoone N.W. by W. both being contrary to our course, which was to saile W.byS. Thus it pleased God to lay his hand upon us by sicknes and death and contrary winds; and stirred up some of us to make the motion of humbling ourselves under the hand of God by keeping a solemn day of fasting and prayer unto God, to beseech him to remove the continuance and further increase of these evills from us, which was willingly condescended unto as a duty very fitting and needful for our present state and condition.

Thursday (21st) there being two ministers in the ship, Mr. Smith and myselfe, we endeavoured, together with others, to consecrate the day as a solemn fasting and humiliation to Almighty God, as a furtherance of our present worke. And it pleased God the ship was becalmed all day, so that we were freed from any encumbrance: And as sonne as we had done prayers, see and behold the goodnes of God, about 7 a clock at night the wind turned to N. E. and we had a fayre gale that night, as a manifest evidence of the Lord's hearing our prayers. I heard some of the mariners say, they thought this was the first sea-fast that ever was kept, and that they never heard of the like perfourmed at sea before.

Fryday (22d) the wind fayre, and east northerly, and for our purpose for New England. It did blow strongly and carried us on amayne with tossing waves, which did affright them that were not wonted to such sights.

Saturday (23d) the same wind blowing but more gently. Now we were comforted with the hope of my sonne Samuel's recovery of the small pockes.

(24th) The 2d Lord's day, an orderly wind and prosperous.

[Page]On Monday (25th) a fayre surme gale, the wind S.S.W.

Tuesday (26th) about 10 of the clocke in the morning, whilst we were at prayers a strong and sudden blast came from the north, that hoysed up the waves and tossed us more than ever before, and beld us all the day till toward night, and then abated by little and little till it was calme. This day Mr. Goffe's great dog fell overboard and could not be recovered.

Wednesday (27th) the wind still N. and calme in the morning, but about noone there arose a So. wind, which encreased more and more, so that it proved to us that are landmen a sore and terrible storme; for the wind blew mightily, the rayne fell vehemently, the sea roared and the waves tossed us horribly; besides it was fearefull darke and the mariners mait was afraid; and noyse on the other side with their running here and there, lowd crying one to another to pull at this and that rope. The waves powred themselves over the ship that the 2 boats were filled with water, that they were fayne to strike holes in the midst of them to let the water out. Yea by the violence of the waves the long boats roape which held it was broken, and it had like to have been washed overboard, had not the mariners with much payne and daunger recovered the same. But this lasted not many hours; after which it became a calmish day. All which while I lay close and warme in my cabine, but farre from having list to sleepe with Jonah; my thoughts were otherwise employed as the tyme and and place required. Then I saw the truth of the scripture Psal. 107. from the 23d to the 32d. And my feare at this tyme was the lesse, when I remembred what a loving friend of myne, a minister accustomed to sea stormes said to me that I might not be dismayed at such stormes, for they were ordinary at sea, and it seldome falls out that a ship perisheth at them if it have sea-roome. Which I the rather wryte that others as well as myselfe by the knowledge hereof may be encouraged and prepared against these ordinary sea-stormes.

Thursday (28th) So. wind; calme at night.

[Page]On Fryday (29th) a boistrous wind blowing crosse, but was allayed towards night with a showre of rayne.

Saturday (30th) So▪ wind, but fayre and quiett.

Sabbath day (31st) being the 3d Lord's day, fayre and calme; we saw abundance of grampus fishes, 2 or 3 yards long, and a body as bigg as an oxe.

Monday (June 1) the wind westerly and calme: But besides our being stayed by contrary winds we begun to find the temperature of the ayre to alter and to become more soletry and subject to unwholsome foggs. For coming now to the height of the Westerne Ilands, some of our men fell sicke of the scurvie and others of the small pockes, which more and more increased: Yet thankes be to God none dyed of it but my owne child mentioned. And therefore, according to our great need, we appointed another fast for the next day.

Tuesday (2d) we solemnly celebrate another fast. The Lord that day heard us before we prayed and gave us an answer before we called; for early in the morning the wind turned full east, being as fitt a wind as could blow. And sitting at my study on the ship's poope I saw many bonny fishes and porpuses pursuing one another, and leaping some of them a yard above the water. Also as we were at prayers under the hatch, some that were above saw a whale puffing up water not farre from the ship. Now my wiffe was pretty well recovered of her sea-sicknesse.

Wednesday (3d) a fayre day and fine gale of full East wind. This day myselfe and others saw a large round fish sayling by the ship's side, about a yard in length and roundeth every way. The mariners called it a sunne fish; it spreadeth out the sinnes like beames on every side 4 or 5.

Thursday and Fryday (4th & 5th) the wind full E. we were carried with admiration on our journey. By this we were more than half way to New England. This day a fish very straunge to me, they call it a carvell; which came by the ship side, wafting along the top of the water. It appeared at the the first like a bubble above the water as bigg as a man's fist, but the fish itselfe is about the bignes [Page] of a man's thum, so that the fish itselfe and the bubble resemble a ship with sayles, which therefore is called a carvell.

Saturday (6th) wind direct East still.

(7th) The 4th Sabbath we kept at sea. The wind easterly till noone, and then it came full S. E. a strong gale that night and the next day (8th) till night. Tuesday (9th) the same wind held till 9 a clock in the morning; and then a great showre which lasted till about 7 at night, and then it was a very calme. There we sounded with a dipsea lyne above 100 fadome and found no bottom. This day we saw a fish called a turkle, a great and large shell fish, swimming above the water neere the ship.

Wednesday (10th) wind northerly, a fine gale but calmish in the afternoone.

Thursday (11th) the wind at N. an easye gale and fayre morning. We saw a mountayne of ice shining as white as snow like to a great rocke or clift on shoare, it stood still and therefore we thought it to be on ground and to reach the bottome of the sea. For though there came a mighty streame from the north yet it moved not, which made us sound, and we found a banke of 40 fathom deepe whereupon we judged it to rest: and the height above was as much. We saw also 6 or 7 pieces of ice, floating on the sea, which was broken off from the former mountayne. We also saw great store of water fowle swimming by the shipp within musket shott, of a pyde colour and about the bigness of a wild duck, about 40 in a company. The mariners call them hag birds. Towards night came a fogge, that the Lions Whelp was lost till morning. And now we saw many bony fish porpuses and grampuses every day more and more.

Fryday (12th) Foggie and calmish, the wind northerly in the morning, but about noon it came S. E. a dainty loome gale which carried us 6 leagues a watch.

Saturday (13th) the same wind till night, and we saw great store of porpuses and grampuses.

The 5th sabbath, (14th) the same wind, towards noon it began to be foggie, and then it rained till night, we went 4 or 5 leagues a watch.

[Page]Monday (15th) a fayre day but foggie, the same wind blowing but with fresh gales carried us 7 leagues a watch. In the afternoon it blew harder, so the sea was rough, and we lost the sight of the Whelpe: it being foggie we drummed for them, and they shot of a great piece of ordinance, but we heared not one another.

Tuesday (16th) wind S. by E. foggie till about 10 a clocke. While we were at prayers it cleared up about an houre, and then we saw the Lion's Whelpe, distant about 2 leagues southward, we presently tackt about to meet her, and she did the same to meet us, but before we could get together a thick fogge came, that we were long in finding each other. This day we sounded divers tymes, and found ourselves on another banke, at first 40 fathom, after 36, after 33, after 24. We thought it to have been the bank over against Cape Sable, but we were deceived, for we knew not certainly where we were because of the fogge. After 3 or 4 hours company we lost the Lion's Whelpe agayne, and beate the drum and shot of a great piece of ordinance, and yet heard not of them. But perceiving the banke to grow still shallower we found it 27 and 24 fathoms. Therefore, being a fogg, and fearing we were too neare land we tackt about for sea-roome for 2 or 3 watches, and steered southeast.

Wednesday (17th) very foggie still, and wind S. by W. and sounding found no bottome that we could reach.

Thursday (18th) wind full W. and contrary to us. This day a notorious wicked fellow that was given to swering and boasting of his former wickednes, bragged that he had got a wench with child before he came this voyage, and mocked at our daies of fast, railing and jesting against puritans, this fellow fell sick of the pockes and dyed. We sounded and found 38 fathom, and stayed, for a little while, to take some cod fish, and feasted ourselves merrily.

Fryday (19th) wind West still, a very fayre cleare day. About 4 a clock in the afternoone some went up to the top of the mast, and affirmed to our great comfort they saw land to the northeastward.

[Page]Saturday (20th) wind S. W. a fayre gale. We sounded and found 40, 30, 22, and a little after no ground.

Sabbath (21st) being the 6th Lord's day; wind northerly but fayre and calm.

Monday (22d) wind easterly, a fayre gale. This day we saw a great deal of froth not farre from us: we feared it might be some breach of water against some rockes, therefore the master of our ship hoisted out the shallop and went with some of the men to see what it was; but found it onely to be a froath carried by the streame.

Tuesday (23d) the wind N. E. a fayre gale.

Wednesday (24th) wind N. E. a fayre day and cleare; about 9 a clocke in the morning we espied a shipp about 4 leagues behind us; which proved to be the Lions Whelpe, which had been a weeke seperated from us, we stoped for her company. This day a child of good man Clarke, which had a consumption before it came to shipp, died. This day we had all a cleare and comfortable sight of America, and of the Cape Sable that was over against us 7 or 8 leagues northward. Here we saw yellow gilliflowers on the sea.

Thursday (25th) wind still N. E. a full and fresh gale. In the afternoon we had a cleare sight of many islands and hills by the sea shoare. Now we saw abundance of mackrill, a great store of great whales puffing up water as they goe, some of them came neere our shipp: this creature did astonish us that saw them not before; their back appeared like a little island. At 5 a clocke at night the wind turned S. E. a fayre gale. This day we caught mackrill.

Fryday (26th) a foggie morning, but after cleare and wind calme. We saw many scools of mackrill, infinite multitudes on every side our ship. The sea was abundantly stored with rockweed and yellow flowers like gillyflowers. By noon we were within 3 leagues of Capan, and as we sayled along the coasts we saw every hill and dale and every island full of gay woods and high trees. The nearer we came to the shoare the more flowers in abundance, sometymes scattered abroad, sometymes joyned [Page] in sheets 9 or 10 yards long, which we supposed to be brought from the low meadowes by the tyde. Now what with fine woods and greene trees by land, and these yellow flowers paynting the sea, made us all desirous to see our new paradise of New England, whence we saw such forerunning signals of fertilitie afarre off. Coming neare the harbour towards night we takt about for sea-roome.

Saturday (27th) a foggie morning; but after 8 o'clocke in the morning very cleare, the wind being somewhat contrary at So. and by West, we tackt to and againe with getting little; but with much adoe, about 4 o'clock in the afternoone, having with much payne compassed the harbour, and being ready to enter the same, see how things may suddenly change! there came a fearfull gust of wind and rayne and thunder and lightning, whereby we were borne with no little terrour and trouble to our mariners, having very much adoe to loose downe the sayles when the fury of the storme held up. But God be praised it lasted but a while and soone abated agayne, And hereby the Lord shewed us what he could have done with us, if it had pleased him. But blessed be God, he soone removed this storme and it was a fayre and sweet evening.

We had a westerly wind which brought us between 5 and 6 o'clock to a fyne and sweet harbour, 7 miles from the head point of Capan. This harbour 20 ships may easily ryde therein, where there was an island whither four of our men with a boate went, and brought backe agayne ripe strawberries and gooseberries, and sweet single roses. Thus God was merciful to us in giving us a tast and smell of the sweet fruit as an earnest of his bountiful goodnes to welcome us at our first arrivall. This harbour was two leagues and something more from the harbour at Naimkecke, where our ships were to rest, and the plantation is already begun. But because the passage is difficult and night drew on, we put into Capan habour.

(28th) The Sabbath, being the first we kept in America, and the 7th Lord's day after we parted with England.

Monday (29th) we came from Capan, to go to Naimkecke, [Page] the wind northerly. I should have tould you before that the planters spying our English colours the Governour sent a shalop with 2 men on Saturday to pilot us. These rested the Sabbath with us at Capan; and this day, by God's blessing and their directions, we passed the curious and difficult entrance into the large spacious harbour of Naimkecke. And as we passed along it was wonderful to behould so many islands replenished with thicke wood and high trees, and many fayre greene pastures. And being come into the harbour we saw the George to our great comfort then being come on Tuesday which was 7 daies before us. We rested that night with glad and thankful hearts that God had put an end to our long and tedious journey through the greatest sea in the world.

The next morning (30th) the governour came aboard to our ship, and bade us kindly welcome, and invited me and my wiffe to come on shoare, and take our lodging in his house, which we did accordingly,

Thus you have a faithful report collected from day to day of all the particulars that were worth noting in our passage.

NOW in our passage divers things are remarkeable.

FIRST, through God's blessing our passage was short and speedy, for whereas we had 1000 leagues, that is 3000 miles English, to saile from Ould to New England, we performed the same in 6 weeks and 3 dayes.

Secondly, our passage was comfortable and easie for the most part, having ordinarily fayre and moderate wind, and being freed for the most part from stormie and rough seas, saving one night only, which we that were not used thought to be more terrible than indeed it was, and this was Wednesday at night May 27th.

Thirdly, our passage was also healthfull to our passengers, being freed from the great contagion of the scurvie [Page] and other maledictions, which in other passages to other places had taken away the lives of many. And yet we were in all reason in wonderful danger all the way, our ship being greatly crowded with passengers; but through God's great goodness we had none that died of the pockes but that wicked fellow that scorned at fasting and prayer. There were indeed 2 little children, one of my owne and another beside; but I do not impute it meerely to the passage; for they were both very sickly children, and not likely to have lived long, if they had not gone to sea. And take this for a rule, if children be healthfull when they come to sea, the younger they are the better they will endure the sea, and are not troubled with sea-sicknes as older people are, as we had experience in many children that went this voyage. My wiffe indeed, in tossing weather, was something ill by vomiting, but in calme weather she recovered agayne, and is now much better for the sea sicknes. And for my owne part, whereas I have for divers yeares past been very sickly and ready to cast up whatsoever I have eaten, and was very sicke at London and Gravesend, yet from the tyme I came on shipboard to this day, I have been straungely healthfull. And now I can digest our ship diett very well, which I could not when I was at land. And indeed in this regard I have great cause to give God praise, that he hath made my coming to be a method to cure me of a wonderful weake stomacke and continual payne of melancholly wynd from the splene: Also divers children were sicke of the small pockes, but are safely recovered agayne, and 2 or 3 passengers towards the latter end of the voyage fell sicke of the scurvie, but coming to land recovered in a short tyme.

Fourthly, our passage was both pleasurable and profitable. For we received instruction and delight in behoulding the wonders of the Lord in the deepe waters, and sometimes seeing the sea round us appearing with a terrible countenance, and as it were full of high hills and deepe vallyes; and sometimes it appeared as a most plain and even meadow. And ever and anon we saw divers kynds of [Page] fishes sporting in the great waters, great grampuses and huge whales going by companies and puffing up water-streames. Those that love their owne chimney corner, and dare not go farre beyond their owne townes end shall neever have the honour to see these wonderfull workes of Almighty God.

Fifthly, we had a pious and christian-like passage; for I suppose passengers shall seldom find a company of more religious, honest and kynd seamen than we had. We constantly served God morning and evening by reading and expounding a chapter, singing, and prayer. And the Sabbath was solemnely kept by adding to the former, preaching twise and catechising. And in our great need we kept 2 solemne fasts, and found a gracious effect. Let all that love and use fasting and praying take notise that it is as prevaileable by sea as by land, wheresoever it is faithfully performed. Besides the ship master and his company used every night to sett their 8 and 12 a clocke watches with singing a psalme and prayer that was not read out of a booke. This I wryte not for boasting and flattery; but for the benefit of those that have a mynd to come to New England hereafter, that if they looke for and desyre to have as prosperous a voyage as we had, they may use the same meanes to attayne the same. So letting passe our passage by sea, we will now bring our discourse to land on the shoare of New England, and I shall by God's assistance endeavour to speake nothing but the naked truth, and both acquaint you with the commodities and discommodities of the country.

[Of the earth: Of the water: Of the ayre: Of the fire in New England: As also of the discommodities of the country, and the condition of the Natives, that may be seene at large in Mr. Higginson's printed relation of New England.]

NOW for the present condition of the plantation what it is. When we came first to Naimkecke, now called Salem, we found about half a score houses built: and a fayre [Page] house newly built for the governour, and we found also abundance of corne planted by them, excellent good and well liking. We brought with us about 200 passengers and planters more, which now by common consent of all the ould planters are all now combyned together into one body politique under the same governor. There are with us in all ould and new planters 300, whereof 200 are settled at Naimkecke, now called Salem, and the rest plant themselves at Massachusets bay, being to build a towne there called Charleston or Charlestowne; we that are settled at Salem make what haste we can to build, so that within a short tyme we shall have a fayre towne. We have great ordnance whereof we doubt not but to fortifye ourselves in short tyme, to keepe out a potent adversarye. But that which is our greatest comfort and means of defence above all others, is, that we have here the true religion and holy ordinances of almighty God amongst us. Thanks be to God we have plenty of preaching and diligent catechising, with strict and carefull exercise of good and commendable orders to bring our people to christian conversation, which whilst we do we doubt not but God will be with us, and so Rom. 8.31. what shall we then say to these things. If God be with us who can be against us?

Some brief collections out of a letter that Mr. Higginson sent to his friends at Leicester.

THERE are certainly expected here the next spring the coming of 60 familyes out of Dorcettershire, who have by letters signified so much to the Governour to desyre him to appoint them places of habitations; they bringing their ministers with them. Also many families are expected out of Lincolnshire and a minister with them, and a great company of godly christians out of London. Such of you as come from Leister, I would counsell you to come quickly, and that for two reasons. 1st, if you linger too long, the passages of Jordan through the malice of [Page] Sathan may be stopped; that you can not come if you would. 2dly, Those that come first speed best here, and have the priviledge of choosing choise places of habitations. Little children of 5 years ould may by setting corne one month be able to get their owne maintenance abundantly. Oh what a good worke might you that are rich do for your poore brethren, to helpe them with your purses onely to convey them hither with their children and families, where they may live as well both for soule and body as any where in the the world. Besides they will recompense the cost by helping to build houses and plant your ground for a tyme; which shall be difficult worke at the first, except you have the helpe of many hands. Mr. Johnson out of Lincolnshire and many others have helped our godly christians hither, to be employed in their worke for a while, and then to live of themselves. We have here about 40 goats that give milke, and as many milch kyne; we have 6 or 7 mares and an horse, and do every day expect the coming of half a score mares more, and 30 kyne by two shipps that are to follow us. They that come let them bring mares, kyne and sheepe as many as they can: Ireland is the best place to provide sheepe, and lyes in the way. Bring none that are in lambe, nor mares in foale; for they are in more danger to perish at sea. Of all trades carpenters are most needful, therefore bring as many as you can. It were a wise course for those that are of abilityes to joyne together and buy a shipp for the voyage and other merchandize. For the governor would that any man may employ his stocke in what merchandises he please, excepting onely beaver skins, which the company of merchants reserve to themselves and the managing of the publique stocke. If any be of the mynde to buy a shipp, my cousin Nowells counsell would be good. Also one Mr. — a very godly man and the master of the ship we went in, and likewise one Mr. Graves the master's maite, dwelling in Wapping, may herein staund you in steed. The payment of the transportation of things is wondrous [Page] deare, as 5l. a man, and 10l. a horse, and commonly 3l. for every tunne of goodes: So that a little more then will pay for the passage will purchase the possession of a ship for all together.

No man hath or can have a house built for him here unlesse he comes himselfe, or else sends seruants before to do it for him. It was an errour that I now perceive both in myselfe, and others did conceive by not rightly understanding the merchaunts meaning. For we thought that all that put in their money into the common stocke should have a house built for them, besides such a portion of land; but it was not so. They shall indeed have so much land allotted to them when they come to take possession of it and make use of it, but if they will have houses they must build them. Indeed we that are ministers, and all the rest that were entertained and sent over and maintained by the rest of the company, as their servants, for such a tyme in such employments, all such are to have houses built them of the companies charge and no others nor otherwise. They that put money into the stocke, as they do a good worke to helpe forwards so worthy a plantation, so all the gayne they are like to have, is according to the increase of the stocke at 3 yeares end, by the trade of beaver, besides the lands which they shall enjoy when they will.

All that come must have victualls with them for a twelve month, I meane they must have meale, oatmeale and such like sustenaunce of food, till they can gett increase of corne by their owne labour. For, otherwise, so many may come without provision at the first, as that our small beginnings may not be sufficient to maintayne them.

Before you come be carefull to be strongly instructed what things are fittest to bring with you for your more comfortable passage at sea, as also for your husbandrey occasions when you come to the land. For when you are once parted with England you shall meete neither with taverns nor alehouse, nor butchers, nor grosers, nor apothecaries shops to helpe what things you need, in the midst of the great ocean, nor when you are come to land, here [Page] are yet neither markets nor fayres to buy what you want. Therefore be sure to furnish yourselves with things fitting to be had before you come; as meale for bread, malt for drinke, woollen and linnen cloath, and leather for shoes, and all manner of carpenters tooles, and a good deale of iron and steele to make nailes, and lockes for houses and furniture for ploughs and carts, and glasse for windowes, and many other things which were better for you to think of them there than to want them here.

Whilst I was writing this letter my wiffe brought me word that the fishers had caught 1600 basse at one draught, which if they were in England were worth many a pound.

Copy of a Letter from Governor Endecott to Governor Winthrop.*

Right Worshipful,

I Did expect to have beene with you in person at the court, and to that end I put to sea yesterday and was driven back againe the wind being stiffe against us. And there being noe canoe or boate at Sagust I must have beene constrained to goe to Mistick and thence about to Charles town, which at that time I durst not be so bold, my bodie being at this present in an ill condition to wade or take cold, and therefore I desire you to pardon mee. Though otherwise I could much have desired it, by reason of many occasions and businesses. There are at Mr. Hewsons plantation 5 or 6 kine verie ill and in great danger, I feare they will hardlie escape it whereof twoe are myne and all I have which are worse than any of the rest. I left myne there this winter to doe Mr. Skelton a pleasure to keepe his for him here at Salem that he might have the benefit of their milk. And I understand by [Page] Wincoll that they have been ill tended and he saith almost starved. Besides they have fed on acornes and they cannot digest them for that they vomitt exceedinglie and are so bound in their bodies that he is faine to rake them and to use all his skill to maintaine life in them. I have willed him to be there till he can bring them to some strength againe if it be possible. And I have given him malt to make them mashes of licoris and annis seedes and long pepper and such other things as I had to drench them. I could wish when Manning hath recovered his strength that you would free him, for he will never doe you or Mr. Hewson service, for when he was well he was as negligent as the worst of them. Mr. Skelton, myselfe and the rest of the congregation desire to be thankfull to God and yourselfe for your benevolence to Mr. Haughtons child. The Lord restore it you. I prevailed with much adoe with Sir Richard for an old debt heere, which he thought was desperate, to contribute it, which, I hope I shall make good for the child. I think Mr. Skelton hath written, to you, whome he thinks stand most in neede of contribution of such provisions as you will be pleased to give amongst us of that which was sent over. The yeele potts you sent for are made, which I had in my boate, hoping to have brought them with mee. I caused him to make but two for the present, if you like them and his prices (for he worketh for himselfe) you shall have as many as you desire. He selleth them for 4 shillings a peece. Sir, I desired the rather to have beene at court because I heare I am much complayned on by goodman Dexter, for strikeing him. I acknowledge I was too rash in strikeing him, understanding since that it is not lawfull for a justice of peace to strike. But if you had seene the manner of his carriadge with such daring of mee with his armes on kembow, &c. It would have provoked a very patient man. But I will write noe more of it but leave it till we speak before you face to face. Onely thus farre further that he hath given out if I had a purse he would make mee empty it, and if he cannot have justice heere he will doe wonders [Page] in England, and if he cannot prevale there hee will trie it out with mee heere at blowes. Sir, I desire that you will take all into consideration. If it were lawfull to trie it at blowes and hee a fitt man for mee to deale with, you should not heare mee complaine, but I hope the Lord hath brought mee off from that course. I thought good further to wryte what my judgment is for the dismissing of the court till corne be sett. It will hinder us that are farre off exceedingly, and not further you there. Mens labour are precious heere in corne setting tyme, the plantations being yet so weak. I will be with you, the Lord assisting mee, as soone as conveniently I can. In the meane while I committ you to his protection and safeguard that never failes his children, and rest

Your unfeigned loving friend to command. Jo: Endecott.

Salem, the 12th of Aprill 1631.

Copy of a Letter from Mr. Winthrop, Governor of the Massachusets, to Mr. Bradford, Governor of Plimouth, also the Copy of an Order of his Majesty's Council.

SIR,

UPON a petition exhibited by Sir Christopher Gardiner, Sir Ferdinando Gorges, Capt. Mason, &c. against you and us, the cause was heard before the Lords of the Privy Council, and afterwards reported to the King; the success whereof makes it evident, to all, that the Lord hath care of his people here: the passages are admirable and too long to write. I heartily wish for an opportunity to impart them to you, being many sheets of paper; but the conclusion was against all mens expectation, an order for our incouragement, and much blame and disgrace upon the adversaries, which calls for much thankfulness from us, all which we purpose (God willing) to express [Page] in a day of thanksgiving to our mercifull God (I doubt not but you will consider if it be not fitt for you to joyne in it) who as he hath humbled us by his late correction, so he hath lifted us up, by an abundant rejoycing in our deliverance out of so desperate a danger; so as that which our enemies built their hopes upon, to ruine us by, he hath mercifully disposed to our great advantage, as I shall further acquaint you when occasion shall serve.

The Copie of the Order follows.

At the Court at Whitehall, January 19, 1632.

Sigillum Crescent.

Lord Privy Seale

Earle of Dorset

Lord Viscount Faulkland

Lord Bishop of London

Lord Cottington

Mr. Trevers

Mr. Vice Chamberlaine

Mr. Secretary Cooke

Mr. Secretary Windebank

WHEREAS his Majesty hath lately been informed of great distraction and much disorder in the plantations in the parts of America called New-England, which if they be true, and suffered to run on, would tend to the dishonour of this kingdom, and utter ruine of the plantation: for prevention whereof, and for the orderly setling of government, according to the intentions of those patents which have been granted by his Majesty and from his late royal father king James, it hath pleased his Majesty that the Lords and others of his most honorable Privy Council should take the same into consideration. Their Lordships in the first place thought fitt to make a committee of this Board to take examinations of the matters informed. Which committee having called divers of the principal adventurers in that plantation, and heard those that are complainants against them, most of the things informed being denied, and resting to be proved, by parties that must be called from that place, which required a long expence of time, and at present their Lordships finding, they were upon dispatch of men, victuals and merchandize for [Page] that place, all which would be at a stand if the adventurer should have discouragement, or take suspicion, that the state here had no good opinion of that plantation; their Lordships not laying the fault or fancies (if any be) of some particular men, upon the general government or principal adventurers, which in due time is further to be enquired into, have thought fitt in the mean time to declare, that the appearances were so fair and hopes so great, that the country would prove both beneficial to this kingdom, and profitable to the particulars, as that the adventurers had cause to go on chearfully with their undertakings, and rest assured, if things were carryed as was pretended when the patents were granted, and accordingly as by the patent is appointed, his Majesty would not only maintaine the liberties and priviledges heretofore granted, but supply any thing further that might tend to the good government, prosperity and comfort of his people there of that place, &c.

Mr. Cotton's Letter, giving the Reasons of his and Mr. Hooker's Removal to New-England.

Reverend and beloved brother in our blessed Savior,

THAT which you observe touchinge the wonderfull goodnesse of the Lord to my wife, and childe, in the midst of deepe dangers, I desire never to forgett it, but to walke (as the Lord shall be pleased to helpe me) accordinge to that abundant faithfullnesse of his to one so undeserving all my dayes. Helpe me with your faithfull prayers soe to doe: That as by the prayers of yourselfe, and other brethren, I acknowledge the former mercy to have beene graunted me, soe by the same, a faithfull and fruitfull use of it may be graunted likewise; otherwise I may say it with shame, I see a frame of spirit in my selfe ready to turne every grace of God into unprofitablenesse, yea and forgettfullnesse of the most high God, the God of [Page] my salvation: Howsoever God dealt otherwise with my cosigne Suckey, and which might give unto some whom it nearly concerned a seasonable advertisement, yet I am perswaded it was in much faithfulnesse to hir, that God took her away to prevent the disquietnesse and discouragement of her spirit, which the evills ensueinge, evills hasteninge upon the towne, would have brought upon hir: The Lord is wise and gracious, and knoweth how to deliver his, out of the houre of temptation; blessed for ever be his name in Christ.

The questions you demand, I had rather answer by word of mouth, than by letter, yet I will not refuse to give you account of my brother Hookers removall and mine owne, seinge you require a reason thereof from us both. We both of us concurre in a 3 fold ground of removal. 1. God havinge shut a doore against both of us from ministringe to him and his people in our wonted congregations, and calling us by a remnant of our people, and by others of this countrye to minister to them here, and opening a dore to us this way, who are we that we should strive against God and refuse to follow the concurrence of his ordinance and providence together, callinge us forth to minister here. If we may and ought to follow Gods callinge 3 hundred myles, why not 3 thousand? 2. Our Saviors warrant is in our case, that when we are distressed in our course in one country (nequid dicam gravius) we should flee to another. To choose rather to bear witnes to the truth by imprisonment than by banishment, is indeede sometimes Gods way, but not in case men have ability of body and opportunity to remove, and no necessary engagement for to stay. Whilst Peter was young he might gird himselfe and goe wither he would, Joh. 21.8. but when he was old and unfitt for traveyle, then indeed God called him rather to suffer himselfe to be girt of others, and led along to prison, and to death. Nevertheles in this point I conferred with the chefe of our people, and offered them to beare witnes to the truth I had preached, and practised amongst them [Page] even unto bonds, if they conceived it might be any confirmation to their fayth and patience; but they diswaded me that course, as thinking it better for themselves, and for me, and for the church of God, to withdraw my selfe from the present storme, and to minister in this country to such of their towne as they had sent before hither, and such others as were willinge to goe alonge with me, or to follow after me; the most of the [...] choosing rather to dwell in the [obliterated] there. What service my selfe, and brother Hooker might doe to our people or other bretheren in prison (especially in close prison which was feared) I suppose we both of us (by Gods helpe) doe the same, and much more, and with more freedom from hence, as occasion is offered: Besides all our other service to the people here, which yett is enough, and more than enough to fill both our handes, yea and the hands of many brethren more, such as your selfe, should God be pleased to make way for your comfortable passage to us. To have tarryed in England for the end you mention, to appear in defence of that cause for which we were questioned, had been (as we conceyve it in our case) to limitt witnesse-bearing to the cause (which may be done more ways than one) to one onely way, and that such a way as we doe not see God callinge us unto. Did not Paul beare witnesse against the Levitical ceremonyes, and yett choose rather to depart quickly out of Hierusalem, because the most of the Jews would not receyve his testimony concerninge Christ in that question (Acts 22.18.) than to stay at Hierusalem to bear witnesse to that cause unto prison and death? Not that we came hither to strive against ceremonyes (or to fight against shadowes) there is noe neede of our further labor in that course; our people here desire to worship God in spirit and in truth, and our people left in England know as well the groundes and reasons of our suffering against these things, as our sufferings themselves, which we beseech the Lord to accept and blesse, in our blessed Savior. How [Page] farre our testimony there hath prevayled with any others, to search more seriouslye into the cause, we doe rather observe in thankfullnesse and silence, than speake of to the prejudice of our bretheren.

3. It hath been noe small inducement to us, to choose rather to remove hither, than to stay there, that we might enjoy the libertye, not of some ordinances of God, but of all, and all in purity. For though we blesse the Lord with you for the gracious meanes of salvation, which many of your congregations doe enjoy (whereof our owne soules have founde the blessinge, and which we desire may be for ever continued, and enlarged to you) yet seeing Christ hath instituted no ordinance in vayne (but all to the offerringe of the body of Christ) and we know that our soules stand in neede of all to the uttmost, we durst not so farre be wanting to the grace of Christ, and to the necessity of our owne soules, as to sitt downe some where else, under the shadowe of some ordinances, when by two monthes travayle we might come to enjoy the libertie of all.

To your 2d question, how farre ministers are bound to beare wittnesse against corruptions cast upon the face of Gods ordinances, it is too large a point for me to give answer to in the heele of a letter. But thus much briefly, wittnes is to be borne against corruptions. 1. By keeping a mans owne garments cleane; I meane his owne outward practice. Rev. 16.15. 2. By declaringe the whole counsell of God to his people, not shunninge any part of it, as reasonable occasion is offered, to prevent sinne in them. Acts 20.26.27. 3. By avoyding appearances of evill, as well as evill it selfe. 1 Thess. 5.22. Eleazerus durst not eate mutton, or bread, or any other cleane foode, when it had an appearance of eateing swines flesh, but chose death rather than deliverance by such meanes. 2 Maccab. cap. 6. ver. 21. to 25. whose story though it be apochryphall, yet the example authenticall, as being ratifyed by the apostles testimonie amongst the rest of like nature. Heb. 11.35. where by the others he speaketh of he meaneth not other women, but other men, for the word is [...] [Page] masculine. Howsoever, Peters dissemblinge is evidently blamed by Paul in a like case, when by his example he countenanced the imposinge of ceremonyes upon the Gentiles, to whom God never gave them. Gal. 2.11. to 14.4. By contendinge for the truth in an holy manner, when others contend with us against it. Jude 3.4. By givinge account of our fayth before magistrates, if they call us to it publiquely, requireing to be informed of our doctrine and manner of life. 1 Pet. 3.15. Otherwise, if they call us to knowe our opinions in private (intending to bringe us into trouble) or publiquely, rather as captions questionists than judiciall governors, in such a case, I suppose we may conceale our mindes, and put our adversaryes upon proofe, as our Savior did, John 18.19, 20, 21. But why doe I spend time and wordes to you in these thinges, who know them as well as I can tell you, I rather desire you may be kept in a peaeable way of bearinge wittnesse to the truth (if the will of God be such) than exposed to hazards by such confessions as mighte prejudice your liberty. My poore requests are to heaven for you, as I desire you might not forgett me and mine, and all us here. Now the God of peace and power guide and support your spirit, in all your holy endeavours, blesse and prosper your labors, and keepe you as a chosen vessell in the shadowe of his hande, through him that hath loved us.

Present my humble service to my right honourable lord; as also my dear affectyon to Mr. Ball, Mr. Slater, and all the brethren with you, especially to Mr. Dod, Mr. Cleaver. Mr. Winston, Mr. Cotton, with earnest desire of the continuance of all their prayers (with your owne) in our behalfe. So I rest

Your very loving brother in our blessed Savior, J. C.

Boston, Dec. 3. 1634.

[Page]

Copy of Mr. Owen Rowe's† Letter to Governor Winthrop.

London the 18th February 1635.

Worthy Sir,

I Have received yours dated the 10th December 1635, being very glad to hear of your wellfare, it doth somewhat rejoyce my hearte when I consider and think what you enjoyne: my hearte is with you, I shall I hope be glad if the Lord make mee a waye which I hope hee will that I may come, see your glory and behould the bewttye of our God in those gowenings of his in his tempel: Sir it dyd glad mee to see that you had not forgott mee and more that you would be pleased to take the paynes to wryt to mee. Sir I have now put of my trade and as soone as it shall please God to send in my debts, that I may paye what I owe and cleare things so here that I may come away without giving offence I am for your parte, the Lord make mee a cleare waye: now Sir seeing you have mee in your thoughts help forward that Mr. Ransford may be accommodated with lands for a farme to keepe my cattele that so my stocke may be preserved, for I conceive I have lost neare £.500 as Mr. Willson can certifye you: thus not doubting of your love he rests

Who is yours to command, Owen Rowe.

Copy of a Letter to Governor Winthrop from Mr. Herbert Pelham.‡

Loving Cosen,

I Returne you many thanks for your great love and hearty intertaynment of my brother, the ten pounds you desired me to pay for his board I payd to your brother [Page] Downing, and think it little enough if not to little as things are with you for the present, and must acknowledge my selfe your debtor for your care and paynes with him, the account you sent I have perused and cast it up together with my disbursement and those of Sir Richard Saltonstalls which I have added to myne having repaid him what he layd out for stones £ 10 and brasss, and fraught of the stones with some other small things as when I send you the accompt will appear, soe that if I be not mistaken the accompt will be somewhat over, but for the present I conceive a mistake in the casting up of your account which because I could not tell how to rectifie I resolved by Mr. Downings advise to send you backe your owne copy and to keepe an other my selfe, which his man hath written out for me soe that when you see your own hand you may be the better able to sett it right. I have sent over some fruit trees and some grape cuttings the best I could gett, if you like any of the grapes you may take what you please of them, I pray advise what I were doe with my trees, I shall be larger next time, remember me kindly to my cousen your wife, so with my hourly prayers I rest your ever loving cousen,

Feb. 23. 1635.

H. Pelham.

Copy of a Letter from Mr. Edward Winslow to Governor Winthrop of the Massachusets.

BEing newly rysen from court I was requested by our governor, who cannot at present write, to dispatch a messenger to you just to informe you that we have this day by solemne act of court ingaged ourselves to take part with you and our brethren of Conectacut in the war against the Pecoats, purposing to send fourth thirty men for the land service besides the managing of the vessels which we provide will not be lesse than forty; now we feare it will be longer than we willingly would for want of boats or vessels which are very scarce with us, unless you [Page] can furnish us for which we would willingly pay, as also some other necessaries hereunto belonging, tomorrow we shall know who are the men to goe with them, but hereof our governor will write at large (who desireth to salute you once more by my pen) so soone as our court is ended and opportunity is offered. Another maine end of our sending is in regard we have heard no more till since we rose this evening of the last expedition of our brethren of Conectacut and Capt. Underhill, and that is by Capt. Standish his Indian who was sent this morning to Namasket and saith the defeat of the fort is true and that onely three English were slaine in the taking of it. As also that the foresaid English and Capt. Patrick† are still at Narraganset and have been some daies which makes us jealous and shall be till we hear from you, and the rather because ouy heard nothing from any of them by letter when John Jenny came away. I pray you therefore let us heare, and let not this (though true) discourage the sending of your 160 men, but take such revenge as may be a service to after times for any the barbarians to rise against us. If any letters be come from England I pray you to send them by the bearer, or such news as is worth the sending. I am sorry for the carriages of your people, God sanctifie his hand and fit us for such trials as he hath appointed. Thus with my love to you and prayers for you and yours desiring you to salute my christian friends with you take leave remaining yours till death,

Plimouth the 5th of the 4th Month 1636.

Ed: Winslow.

Copy of a Letter from Capt. Israel Stoughton to the Governor of the Massachusetts.

Honourable Sir,

IT hath pleased God further to crowne our poore endeavours with success graciously as you shall largely and punctually understand by Capt. Patrick, to whome I leave [Page] the relation wholly, seeing a lively voyce will do it: and therefore I entreat your favour for this omission; specially because it is late in the night and a faire wind attends us. Surely there have been so many singular providences as are worthy of due observance and eternall prayse. And allbeit we have not the whole of our desires, yet O that we could extoll him for what we have and waite for more. Much is done, but not all, and if ought be well done I desire we may not be weary thereof but proceed as God shall minister new occasions. Capt. Patrick can informe you of our intentions for the future: both for Block Island, Long Island, Indians beyond Puillipioak, &c. Allso if it shall appear usefull, and pleasing to you we will some of us come march through Neepenet: I earnestly desire the worke may be thoroughly done, and see we and our friends will suffer much by scattered wretches, if they be not closely followed. But I shall write more fully suddenly, and do desire to understand your pleasures: For we will prefer your minds before ours: But 'tis clear some must reside here or hereabouts. It is beyond my abilities for the present to resolve you which is best in all things, or particularly about planting Pecot. For tho' the place be subsistable, and an excellent harbour, and abundance of corne, and the same ground ready for English grayne forthwith, which is a great help to planters, yet the providence of God guided us to so excellent a country at Quaillipioak† river and so all along the coast as we travelled, as I am confident we have not the like in English possession as yet, and probable 'tis the Dutch will seaze it if the English do not. It is conceived generally far more worthy than Pequid notwithstanding the former considerations. It is too good for any but friends, Capt. Patrick can informe you the full. I heartily thanke you for your loving care of us about necessaries and do acknowledge your kind acceptance of our poore imperfect indeavours, craving your prayers for more grace that we may so increase in loyal faithfullness and fruitfullness, such as may be God's honor [Page] and the fullfilling of your and our joy through Jesus Christ our Lord, and so, with my due respect to your self with the councell and majestrates I take leave,

Yours as in duty I am bound, Israel Stoughton.

Possession house in Pequid, the 4th day of the 5th weeke of our warrfare about midnight.‡

Libertye and the Weale Publick reconciled: In a briefe and cleare declaration of the misapprehension of some grieved mindes concerninge the lawfull and orderly proceedings of the late Court of Elections at Newtown, the 17th of the 3d month, 1637.*

The complaint is, that the peoples libertye was restrained, by such as withstood the reading of a petition tendered before the elections made.

FOR clearing hereof it is to be considered, 1. What the libertye is which they desire to have preserved: That I take to be this, viz. That the people may not be subjected to any lawe or power amonge themselves without their consent; whatsoever is more than this, is neither lawfull nor durable, and instead of libertye may prove bondage or licentiousnesse.

2. If this libertye be at any tyme restrayned by the people themselves, they are guilty of their owne harme; if any be.

3. If such restraint be not redressed, upon any seasonable opportunity, when lawfully it may, they can blame none so much as themselves.

4. That the power of a popular state being unlimited in its owne nature, and being by free consent and wise [Page] advise, brought into a methode; and so bounded, in order onely, not in power, it is more safe to be so continued and exercised (though with offence or perhaps damage to some particulars in some transient cases, the original power remaining still inviolate) than to be putt out of its settled course, upon every pretence, or occasion, of publick grievance: seeing every deviation in the verye forme of any such government is allways attended with much trouble, and some danger.

Answ. If we examine the passages of the court, we shall see where the error was.

It is observable that the proper business of this court was matter of election, and it is also obviouse, that it hath obtained, by custom, the first place in that day (except admission of freemen) and where it was objected, that in the court 1635, the petition in Mr. Endecotts case, was heard and answered before election: It is not true: For I can shew by that which hath been faithfully kept of the passages of that court, among other, that all petitions were rejected till the elections were passed; and many can remember, that when that case was heard, Mr. Heynes sate governour, who had been elected that court.

It is objected againe, that the court might yet have heard the petition first, and seeing it was for the peoples libertye, why was it stopped? To this it may be answered, that it is true, they might, if they had so pleased: But first they would not, and their refusal was lawfull upon these reasons.

1. It had been no point of wisdom to break order, without pressing necessity, or for some prevalent advantage, neither of which could the court then apprehend.

2. When the question was, whether petition or election should be first, 1 one could give answer there, but the court it selfe, which was the whole bodye of freemen (for none of the magistrates had any more influence in that court than any other freeman) so as here was no other way to knowe the minde of the court but by putting it to vote, and by numbering either side, to decide the question; this [Page] was done, and the major part being for election, it may truely be sayde, that the people or the court did order that election should proceed before the petition should be heard: And now let any wise man judge, who hath done the people wronge, or what restraint hath been putt upon their liberty. For if the people would have had the petition first heard, who could have judged it, or what exposition did any make against it, otherwise than is lawfull for any freeman to doe, by shewing his dislike and giving reason for it?

If it be objected, that a great parte of the people did not consent: I answer, there was not one freeman there but his consent was to it: for it is an insepparable incident to all bodyes politick, which are composed of voluntary members, that every one (in his admission) gives an implicite consent to whatsoever the maior parte shall establishe, not being against religion or the weale publick, and this they are further bound unto by their oathe: yea if the oath be disputable, yet their consent is in it, till it be cleared, and the error of the maior part convinced by plain arguments: otherwise no such societye would long subsist: neither could peace be at all preserved in it; for it is hardly possible, to establishe any thinge (except of indifferent nature) that shall please every man: and if one or more in any society may be at libertye, when the rest are restrayned, it can neither be equal nor safe.

3. It had been meere injustice, for the people then assembled to have concluded any publick businesse by popular vote. The reason is apparent. Because those towns, which by lawful order, upon publick considerations, sent their proxies for elections, and their deputyes for other affaires, had been iniuriously surprized, and deprived of their due interest to discerne of those things, which did no less concerne them than the rest who were present. And upon this grounde, whatsoever the freemen then present had concluded had been meerely voide and no man bound to submit to it: for, besides the manifest iniurye to such as had been so unduly kept awaye, it might have fallen out, [Page] that, beinge present, they might have given such reasons as might have altered the judgment of the rest of the court.

4. If the petition had contained any matter of grievance which had necessarily required the helpe of the people to redresse it (as in some cases it may fall out) yet why this might not as well have been done after the election as before doth not appeare: for the people must have stayed as long tyme, for dispatch of bothe, whichsoever had first been handled, petitions or elections: And if they had unadvisedly elected any unworthy person, they might soone have removed him: and the just disgrace upon such an one had more than recompenced the short tyme it would have required.

5. So the generall court at Boston, in the 3. mo. 1634, when the people established a reformation of such things as they judged to be amisse in the government, they then settled an order, that in the court of elections they should leeve their deputyes to manage all other affaires.

6. It is verye difficult and dangerous for so great a people and of so different apprehensions, to give judgment in a cause of right or wronge, being suddainly discovered to them: and if we should growe to such a multitude as (through Gods blessing) we may soone be, it will be impossible it should be well carried.

7. It is easye to judge, that 30 or 40 distinct men, chosen out of all the countrye, and by all reason as free from partialitye or preiudice as any other, may give a more just sentence in any such cause (upon deliberation and quiet discourse) than a whole multitude upon the suddaine, when many may be thought not to heare what is proposed, and others not to understand it, and perchance the greater part in a heate and tumult, and when the weakest and worst member of the common-wealth adds as much weight to the sentence as the most godly and judicious.

8. The people (in the said court 1634) having (by searious advice of such as they best knew, and that seemed to be much lovers of their libertye) given power to their deputyes, for future tyme, to doe whatsoever themselves [Page] might (save in matters of elections) order requires they should first referre the redresse of their grievances to their deputyes, and the people not to entermeddle, except the deputyes should first fayle, and that apparently and previously: which is seldom like to fall out in a popular state, where nothing but force can deprive them of their libertye, except they shall wittinglye and willinglye give them away, and then volunti non fit injuria, a man cannot blame another for the harme he does to himselfe.

A Defence of an Order of Court made in the Year 1637.

A Declaration of the Intent and Equitye of the Order made at the last Court, to this effect, that none should be received to inhabite within this Jurisdiction but such as should be allowed by some of the Magistrates.*

FOR clearing of such scruples as have arisen about this order, it is to be considered, first, what is the essentiall forme of a common weale or body politic such as this is, which I conceive to be this—The consent of a certaine companie of people, to cohabite together, under one government for their mutual safety and welfare.

In this description all these things doe concurre to the well being of such a body, 1 Persons, 2 Place, 3 Consent, 4 Government or Order, 5 Wellfare.

It is clearely agreed, by all, that the care of safety and wellfare was the original cause or occasion of common weales and of many familyes subjecting themselves to rulers and laws; for no man hath lawfull power over another, but by birth or consent, so likewise, by the law of proprietye, no man can have just interest in that which belongeth to another, without his consent.

[Page]From the premises will arise these conclusions.

1. No common weale can be founded but by free consent.

2. The persons so incorporating have a public and relative interest each in other, and in the place of their cohabitation and goods, and laws, &c. and in all the means of their wellfare so as none other can claime priviledge with them but by free consent.

3. The nature of such an incorporation tyes every member thereof to seeke out and entertaine all means that may conduce to the wellfare of the bodye, and to keepe off whatsoever doth appeare to tend to theire damage.

4. The wellfare of the whole is to be put to apparent hazard for the advantage of any particular members.

From these conclusions I thus reason.

1. If we heere be a corporation established by free consent, if the place of our cohabitation be our owne, then no man hath right to come into us &c. without our consent.

2. If no man hath right to our lands, our government priviledges, &c. but by our consent, then it is reason we should take notice of before we conferre any such upon them.

3. If we are bound to keepe off whatsoever appears to tend to our ruine or damage, then may we lawfully refuse to receive such whose dispositions suite not with ours and whose society (we know) will be hurtfull to us, and therefore it is lawfull to take knowledge of all men before we receive them.

4. The churches take liberty (as lawfully they may) to receive or reject at their discretion; yea particular towns make orders to the like effect; why then should the common weale be denied the like liberty and the whole more restrained than any parte?

5. If it be sinne in us to deny some men place &c. among us, then it is because of some right they have to this place &c. for to deny a man that which he hath no right unto is neither sinne nor injury.

6. If strangers have right to our houses or lands, &c. then it is either of justice or of mercye; if of justice let them plead it, and we shall know what to answer: but if [Page] it be only in way of mercye, or by the rule of hospitality, &c. then I answer 1st, A man is not a fit object of mercye except he be in miserye. 2d, We are not bound to exercise mercye to others to the ruine of ourselves. 3d, There are few that stand in neede of mercye at theire first coming hither. As for hospitality, that rule doth not bind further than for some present occasion, not for continual residence.

7. A family is a little common wealth, and a common wealth is a greate family. Now as a family is not bound to entertaine all comers, no not every good man (otherwise than by way of hospitality) no more is a common wealth.

8. It is a generall received rule, turpius ejicitur quam non admittitur hospes, it is worse to receive a man whom we must cast out againe, than to denye him admittance.

9. The rule of the Apostle, John 2.10. is, that such as come and bring not the true doctrine with them should not be received to house, and by the same reason not into the common weale.

10. Seeing it must be granted that there may come such persons (suppose Jesuits, &c.) which by consent of all ought to be rejected, it will follow that this law (being only for notice to be taken of all that come to us, without which we cannot avoyd such as indeed are to be kept out) is no other but just and needfull, and if any should be rejected that ought to be received, that is not to be imputed to the law, but to those who are betrusted with the execution of it. And herein is to be considered, what the intent of the law is, and by consequence, by what rule they are to walke, who are betrusted with the keeping of it. The intent of the law is to preserve the wellfare of the body; and for this ende to have none received into any fellowship with it who are likely to disturbe the same, and this intent (I am sure) is lawful and good. Now then, if such to whom the keeping of this law is committed, be persuaded in theire judgments that such a man is likely to disturbe and hinder the publick weale, but some others who are not in the same trust, judge otherwise, yet they are to [Page] follow theire owne judgments, rather then the judgments of others who are not alike interested: As in tryall of an offender by a jury; the twelve men are satisfied in their consciences, upon the evidence given, that the party deserves death: but there are 20 or 40 standers by, who conceive otherwise, yet is the jury bound to condemn him according to their owne consciences, and not to acquit him upon the different opinion of other men, except theire reasons can convince them of the errour of theire consciences, and this is according to the rule of the Apostle, Rom. 14.5. Let every man be fully persuaded in his own mynde.

If it be objected, that some prophane persons are received and others who are religious are rejected, I answer 1st, It is not knowne that any such thinge hath as yet fallen out. 2, Such a practice may be justifiable as the case may be, for younger persons (even prophane ones) may be of lesse danger to the common weale (and to the churches also) than some older persons, though professors of religion: for our Saviour Christ when he conversed with publicans, &c. sayth that such were nearer the kingdom of heaven than the religious pharisees, and one that is of large parts and confirmed in some erronious way, is likely to doe more harme to church and common weale, and is of lesse hope to be reclaymed, then 10 prophane persons, who have not yet beene hardened, in the contempt of the meanes of grace.

Lastly, Whereas it is objected that by this law, we reject good christians and so consequently Christ himselfe: I answer 1st, It is not knowne that any christian man hath beene rejected. 2, A man that is a true christian, may be denyed residence among us, in some cases, without rejecting Christ, as admitt a true christian should come over, and should maintaine community of goods, or that magistrates ought not to punish the breakers of the first table, or the members of churches for criminal offences: or that no man were bound to be subject to those lawes or magistrates to which they should not give an explicite consent, &c. I hope no man will say, that not to receive such an one, were to reject Christ; for such opinions (though being [Page] maintained in simple ignorance, they might stand with a state of grace yet) they may be so dangerous to the publick weale in many respects, as it would be our sinne and unfaithfullness to receive such among us, except it were for tryall of theire reformation, I would demand then in the case in question (for it is bootelesse curiosity to refrayne openesse in things publick) whereas it is sayd that this law was made of purpose to keepe away such as are of Mr Wheelwright his judgment (admitt it were so which yet I cannot confesse) where is the evill of it? If we conceive and finde by sadd experience that his opinions are such, as by his own profession cannot stand with externall peace, may we not provide for our peace, by keeping of such as would strengthen him, and infect others with such dangerous tenets? and if we finde his opinions such as will cause divisions, and make people looke at their magistrates, ministers and brethren as enemies to Christ and Antichrists, &c. were it not sinne and unfaithfullness in us, to receive more of those opinions, which we allready finde the evill fruite of: Nay, why doe not those who now complayne joyne with us in keeping out of such, as well as formerly they did in expelling Mr. Williams for the like, though lesse dangerous? Where this change of theire judgments should arise I leave to themselves to examine, and I earnestly entreate them so to doe, and for this law let the equally mynded judge, what evill they finde in it, or in the practice of those who are betrusted with the execution of it.

A briefe Answer to a certaine declaration, made of the intent and equitye of the order of court, that none should be received to inhabite within this jurisdiction but such as should be allowed by some of the magistrates.

THE scope of the declaration is to defend and justifye, the order in question, to which purpose these four [...] layde downe.

[Page]1. A ground worke to upholde such reasons as are produced in the cause.

2. The reasons themselves, whereby the order is defended.

3. Objections are made and answered as would seeme.

4. The conclusion of the whole discourse.

For the ground worke which is layde in the first place; it consists partly of a description of a common wealth, which in some sort is explycated, and partly of diverse conclusions ariseing from such description and explication.

The description which is sett downe in effect is this. A common-wealth is a certaine companie of people consenting to cohabit together under one government, for their mutual safetye and wellfare. In which description this maine faulte is founde. At the best it is but a description of a common-wealth at large, and not of such a common-wealth as this (as is said) which is not only christian but dependant upon the grante also of our Souveraigne; for so are the expresse words of that order of court to which the whole countrey was required to subscribe.

Now if you will define a christian common-wealth, there must be put in; such a consent as is according to God;Prov 8.5. Isai. 6.7. a subjecting to such a government as is according unto Christ. And if you will define a corporation, incorporated by vertue of the grante of our Souveraigne, it must be such a consent as the grante requires and permitts and in that manner and forme as it prescribes, or else it will be defective. The common-wealth here described, may be a companye of Turkish pirates as well as Christian professors, unlesse the consent and government be better limitted than it is in this definition; for sure it is, all Pagans and Infidels, even the Indians here amongst us, may come within this compasse. And is this such a body politicke as ours, as you say? God forbid. Our common-wealth we feare would be twise miserable, if Christ and the King should be shut out so. Reasons taken from the nature of a common-wealth, not founded upon Christ, nor by his Majestyes charters, must needs fall to [Page] the ground, and faile those that relye upon them. In the application of the description, and the conclusions inferred, all things are not currant, all things doe not agree concerning the causes of common-wealths as is affirmed. There are 7 several opinions of this matter, which writers speak of, though this be not so material. Members of a common-wealth may not seeke out all meanes that may conduce to the wellfare of the body, but all lawful and due meanes, according to the charter they hold by, either from God or the King, or from both: Nor may they keepe out whatsoever doth appeare to tend to theire damage (for many things appeare which are not) but such, as upon right and evident grounds, doe so appeare, and are so in truth. Thus farre concerning that which hath beene touched may for the present suffice.

The second thinge is the reasons, which we shall sett downe and answer.

The first reason of the equity of the order is this, ‘If we be a corporation established by free consent, if the place of our habitation be our owne, then no man hath right to come unto us without our consent.’

Ans. We do not know how we that stand a corporation, by vertue of the Kings charter, can thus argue; yet to avoyd dispute, suppose the antecedent should be granted, the consequence doth not follow. This is all that can be inferred, that our consent regulated by the worde, and sutable to our patent ought to be required, not this vast and illimitted consent here spoken off, our consent is not our owne, when rightly limitted, 1 Cor. 6.19, 20. An unlawful dissent can hinder no man, though a lawful may.

The 2d reason runs thus, ‘If no man hath right to our lands, our government privilegdes, &c. but by our consent, then it is reason we should take notice of men before we conferre any such upon them’

Answ. Besydes the doubtfulness of the truth of the supposition, the question here is changed; for so most states doe in takeing the names of such as come to dwell among them, but the question is whether the admitting or [Page] rejecting of persons should depend upon such unlimitted and unsafe a rule, as the will and descretion of men, suppose magistrates or others not regulated.

The 3d reason is thus framed, ‘If we are bound to keepe off whatsoever appeares to tende to our ruine and damage, then may we lawfully refuse to receive such whose dispositions suite not with ours, and whose societye we know will be hurtefull unto us, and therefor it is lawful to take knowledge of men before we doe receive them.’

Answ. This kinde of reasoning is very confused and fallacious, for the question here is not only changed, but there is this further deceite of wrapping up many questions in one, and besides if it were put into a right forme, the assumption would be false.

The question is not, as was said before, whether knowledge may not be taken of men, before they be received, nor whether magistrates may refuse such as suite not with their dispositions, or such whose societye they know will be hurteful to them; though the second of these is not, nor cannot be proved; but whether persons may be rejected, or admitted, upon the illimitted consent or dissent of magistrates. The assumption also would be false, for men are not to keepe off whatsoever appeares to tend to their ruine, but what really doth so; Eliah appeared to Ahab, and, no doubt, to his counsell of state, a troubler of the common-wealth, one that brought 3 yeares famine, enough to ruine the whole state: Yet the Jewish magistrates ought not to have rejected him and all those of his frame and judgment, because thus it appeared; for in truth Elijah was the horsemen of Israel and the chariots thereof. It appeared also to the chiefe priests and pharisees, that if our blessed Saviour were let alone, it would tend to their ruine, John 11.47, 48. and therefore used meanes to keep it off by rejecting Christ and his gospel, and yet we hope you will not say they were bound to doe so. Lastly, it appeares to the Natives heere (who by your definition are compleat common-wealths among themselves) that the [Page] cohabitation of the English with them tends to their utter ruine, yet we beleeve you will not say they may lawfully keepe us out upon that grounde, for our cohabitation with them may tend to theire conversion and so to theire eternal salvation, and then they should doe most desperately and sinnefully. Let us then doe unto our brethren at least as we would desyre to be done unto by Barbarians, which is not to be rejected, because we suite not with the disposition of theire Sechem, nor because, by our coming, God takes them away and troubles them, and so, to theire appearance, we ruine them.

The 4th argument stands thus, ‘The churches take libertye (as lawfully they may) to receive or rejecte at their discretion; yea particular townes make orders to such effect, why then should the commonwealth be denied the like libertye, and the whole more restrained than any part?’

Answ. Though the question be here concluded, yet it is farre from being soundly proved, yea, in trueth, we much wonder that any member of a church should be ignorant of the falseness of the ground worke upon which this conclusion is built; for should churches have this power, as you say they have, to receive or rejecte at their discretion, they would quickely grow corrupt enough. Churches have no libertye to receive or rejecte, at their discretions, but at the discretion of Christ, whatsoever is done in word or deed, in church or common-wealth, must be done in the name of the Lord Jesus. (Coll. 3.17.) Neither hath church nor common-wealth any other than ministeriall power from Christ (Eph. 5.23.) who is the head of the church, and the prince of the kings of the earth. (Rev. 1.5.) After that Cornelius and his companye had received the holy ghost, whereby the right which they had to the covenant was evidenced, it is not now left to the discretion of the church whether they would admitte them thereunto or not. But can any man forbid them water faith Peter, he commanded them to be baptized. (Acts 10.47, 48.) There is the like reason of admission into churches, [Page] when Christ opens a door to any theres none may take libertye to shut them out. In one word, there is no libertye to be taken neither in church nor commonwealth but that which Christ gives and is according unto him, Gal. 5.1.

The 5th reason produced is, ‘If it be sinne in us, to denye some men place amongst us, then it is because they have some right to our place.’

Answ. The question is heere againe changed, for it is not whether some may be denyed, but whether any or all such as the magistrates illimitted dissent shall rejecte. But besydes this, we say, that the kings christian subjects have right by his majesties pattent, to come over and plante in places not inhabited, for a double end, 1st, to enlarge his majesties dominions, 2dly, for the conversion of the Pagans. And since his majestie hath given them right for these ends, we may not denye them, unless they forfeite it, either by denyeing the land which they inhabite to be an enlargement of his majesties dominions, or becoming such dissolute and prophane persons as rather doe harden the Indians than be a meanes of their conversion, for by so doing we shall exceed the limitts of his majesties grante, and forfeite the priviledges, government and lands which we challenge to be our owne.

Moreover, we may not denye residence, to any of his majesties subjects without just grounds, except we will doe injury both to the king and his subjects, who have adventured both theire estates and lives to enjoye those priviledges and libertyes, which he hath granted them. Besydes the law doth not only prohibite those whom the magistrates shall dislike to plante in those places uninhabited, though in an orderly manner, but to make their abode in friends houses, either given or sold, or hyred, which are lawful meanes of obtaineing right. Now if the kings majestie give me right, if title be procured by donation, purchase, farmeing, &c. If now this state at theire pleasure, take this away and expell men from the same, what were this but to exercise robbery, and to vex the poore [Page] and the needy, and oppresse the stranger wrongfully, a sinne forerunning desolation, (Ezek. 22.29.) and such an one as will more ruine the state by the execution thereof, than those persons (whom the law intend to expell) were the law abolished.

The 6th reason assigned is this, ‘If strangers have right to our houses or lands, &c. then it is either of justice or mercye,’ &c.

Answ. The question still is changed, but in answer to this we say, such may the stranger be as have true right of cohabitation, and sojourning with us, as hath beene shewed, and that of justice, by his majesties pattent, for they are fellow subjects to one and the same prince, they are also of the same nation, and if they be christians they are in a farre nearer relation than all these, even fellow brethren, and coheires of all the blessings layd up for them in Christ Jesus, and in all these considerations have right of cohabitation and residence with us.

The 7th reason is this, ‘A familye is a little common-wealth and a common-wealth is a great familye, now a familye is not bound to entertaine all comers, no not every good man, otherwise than by way of hospitalitye, no more is a common-wealth.’

Answ. Here againe the question is much changed, it should not have been proved that we are not bound to receive all comers nor all good men, but rather no comers at all, unlesse it be upon the unlimitted consent of the magistrates. Although it be true, that there is some proportion betweene a familye and a common-wealth, yet there is a great disparitye in this matter. A maister of a familye hath another kinde of right to his house and estate than this common-wealth hath to all the houses and lands within this patent. The maister of a familye may bequeath his whole estate to his wife and children, and so may not the body of this common-wealth to theires. The king will looke for some right, nor may we blame him, if he doe. Many are no members of the common-wealth, and yet have good right both to houses and lands here, many members of this state agree not to this law, but have [Page] protested against it as sinnfull and unwholesome, and yet we hope the rest have not as good right to their houses goods and lands as the maister of the familye hath to his. If the state should take upon them such a right, I pray you consider whether it would not prove a greater wronge, even like to that of Labans toward Jacob, who told him that all were his, Gen. 31.43. It is to be feared such pleas of right will worke more trouble to this state, if they be noysed abroad, than the entertainment of those people against whom this law is made.

Eighthly it is thus reasoned, ‘It is a generall rule, turpius ejicitur quam non admittitur hospes, it is worse to receive a man whom we must cast out, than to deny him admittance.’

Answ. Let any man resolve these words, and they will be farre from proveing the equitye, though they may perhaps the intent of the courts order. The thinge which from hence is concluded will only amount to this. That it is worse for a common-wealth to receive a man whom they must cast out againe, than to deny him admittance. The reason is taken from humane authoritye, but what is this to the pointe in controversye, why should men thus argue, and their conclusions so farre from the marke, yet as we said perhaps this may shew the courts intent, for this intimation we have from hence, That the intent of the common-wealth is to cast out all such as have beene received in tymes past, who are of the same judgment with them, whom the magistrates will not admitt but cast out, though with a greate deale more dishonestye, for turpius ejicitur, &c. which if it must be, the Lords will be done.*

Ninthly, it is thus further argued, ‘The rule of the Apostle, John 2.10. is, that such as come and bring not the true doctrine with them should not be received to house, and by the same reason not into the com.wealth.’

The question is still wonderfully changed, for if the order now in question were but conformable to this rule of the Apostle none would oppose it, but the order is [Page] therefore scrupelled, because it setts downe no rule for the magistrates to walke by in that admittance or rejection of such as come, but leaves it to their illimitted consent or dissent, nay such were the expressions of the same, in the court, who had a hand in this law, as cleares it to us that this law opposeth directly this rule; for such as doe bring the doctrine intended in the text, are the persons which are aymed at to be denyed residence, as sad experience also in the execution hath given us in parte to see already, and wee feare in the future will yet doe more.

The 10th and last reason is this in effect, ‘Such may not come into the land as by the consent of all are to be rejected, and therefore it is lawful to take notice of them.’

We much marvaile that it should be so often said, the law is only for takeing notice, is it not plaine that such are to be fined who receive them whom the magistrates allow not? and cannot notice be taken of men without such a course as this? Why should any in higher place speake in open court—Let us have their money first?— What meanes the words immediately following which speake of rejecting and keeping out by vertue of this order, if it were only made to take notice of such? It would have done very well to have kept to the question, and not argue so farre distant from the purpose as this doth. What if some come into the land and are to be rejected, are any therefor to be rejected in an undue and sinnful way? In the enlargement of this reason the law is excused, if it be not rightly executed, and they which are to execute it are likewise defended, if they follow their judgments and consciences. The law is excused because it hath a good intent, but good intents do not make a law or action good, what was intended the execution doth declare. Now is it sufficient for those who are betrusted with the execution of this law to follow their perswasions, judgments, and consciences, except they be rightly ruled by the word of trueth? Paul was perswaded that he should doe those things which he did against Jesus of Nazareth, Acts 26.9. They which kill Gods children may thinke they doe God good service, [Page] John 16.1. but in so doeing, neither the one nor the other are to be excused. It is not a full perswasion that makes a thinge lawfull from the rule Rom. 14.5. but a full perswasion upon good grounds. All the actions of christians must be according to the rule Christ gives them to walke by, Gal. 6.6.

Object. 1. Some prophane persons are received, and others who are religious are rejected. To which you answer there is no such thing knowne to be done, and if it were it might be justified, because prophane persons may be lesse dangerous, than such as are religious, of large parts, confirmed in some erroneous way, our Saviour conversed with publicans, &c. and sayd they were nearer the kingdom of heaven than religious pharisees. This is the summe. As for the objection which is made, it is your owne; for any thing we know, we would not object in this manner. It is not the refusing of some religious persons against which we except, but against the libertye which is given by this law of rejecting those, that are truly and particularly religious, if the magistrates doe not like them, which is already put in practice, as farre as may be judged. If you deny any thing to be done, there are divers witnesses will affirme the contrarye. If you say it be more dangerous to accept such than prophane persons you need not much confutation, such shall be blessings wheresoever they come, Gen. 12.2. they will not need to be bound to the peace or good behaviour as some that are admitted by authoritye by their blasphemous and quarrelling speeches. As for scribes and pharisees wee will not pleade for them, let them doe it who walke in their way; nor for such as are confirmed in any way of errour, though all such are not to be denyed cohabitation, but are to be pitied and reformed, Jude 22, 23. Ishmael shall dwell in the presence of his brethren, Gen. 16.12.

Object. 2. It is objected that by this law we reject good christians and so consequently Christ himselfe, and it is made of purpose to keepe away such as are of Mr. Wheelwrights judgment. To the former parte of this objection [Page] you say, it is not knowne that any christian man hath been rejected, and that christians in some cases may be rejected, holding some pernicious errors. This is the substance.

To which we answer that diverse christians have been already rejected so farre, as they are not allowed to make any abode amongst us, but for a short limitted tyme, and by the law they may be rejected for ever. All the tyme such are rejected Christ is rejected, Luke 10.16. Acts 9.4. Suppose some christians may be refused and Christ not refused (which is not yet proved) that is nothing to the law nor to the present execution of it. If you deale with such make it appear. To the latter parte of this objection you answer, that you cannot confesse that it is made against them of Mr. Wheelwights judgment, and if it were, where is the evil of it, seeing that the opinions are such as he professeth cannot stand with external peace, and will cause divisions, and will make the people looke at their magistrates, ministers and brethren, as enemyes to Christ and antichristian, more dangerous than the opinion of Mr. Williams? We omitt divers words for brevityes sake and change not the matter. To this we replye, that though you cannot confesse it, yet it doth appeare by your examinations of them you refuse, for present demanding of them whether they know him, and wishing of them to disclaime his doctrine, and excepting against them because they are allyed to them of the same judgment, as likewise by the courts proceeding against him, that there is some such thing; though indeed we would not make this objection, though some of the like kinde.

Now whereas you grante this by way of concession, and give reasons to justifie the same, they are either weak or greate mistakes. First you finde fault with his opinions, because he said they could not stand with externall peace. He affirmed indeed that the preaching of the gospell could not stand with externall peace, and doth not the word of God hold this forth? Our Saviour came not to send peace but a sword, Matth. 10.34. That chapter speakes fully to the purpose, and when news of Christ comes, Herod [Page] and all Jerusalem is troubled, Matth. 2.3. Paul and Silas were accused for turneing the world upsyde downe, Acts 17.5. We question not but he will grante that the Lord can and doth sometymes give his church rest, Acts 9.31. but this will not stand nor continue, which we know to be his meaneinge. A man cannot be Christ's disciple but he must meete with crosses, Matth. 16.24. Esau and Jacob wrestled together in their mothers wombe, Gen. 25.22. In the 2d place you except against his opinions, because they make devisions. The gospell which he or any man holds forth will cause devisions by accident, Matth. 10.34.35. If he be blamed for this, Christ cannot be excused. The 3d thing you alledge is that his opinions make people looke at their magistrates, ministers and brethren as antichristians, enemies to Christ, but we know no such doctrine which he taught, all which he delivered concerning this matter, was a description of the way of workes and antichristianisme, and so farre as magistrates and ministers walke in that way they are to be looked at as antichristian, John 4.1, 2, 3. Lastly, it is said that his opinions are more dangerous than those of Mr. Williams which, if it be true, then is the doctrine of the gospell more dangerous than that for which Mr. Williams was banished; for as yet we know nothing which Mr. Wheelwright helde dissonant from the gospell, neither hath he beene confuted, though condemned, and it is not our judgments so much as the cause which is changed.

These objections and answers being viewed, and what is unsound refuted, we come to the conclusion, wherein we are desyered to judge what evill we finde in the law, and this we will doe faithfully by the helpe of Christ. This law we judge to be most wicked and sinnefull, and that for these reasons.

1. Because this law doth leave these weightye matters of the common-wealth, of receiving or rejecting such as come over to the approbation of magistrates, and suspends these things upon the judgment of man, whereas the judgment is Gods, Deut. 1.17. This is made a ground worke of grosse popery. Priests and magistrates are to judge, but [Page] it must be according to the law of God, Deut. 17.9, 10, 11. That law which gives that without limittation to man, which is proper to God, cannot be just.

2. Because here is libertye given by this law to expell and reject those which are most eminent christians, if they suite not with the disposition of the magistrates, whereby it will come to passe, that Christ and his members will finde worse entertainment amongst us than the Israelites did amongst the Egyptians and Babilonians, than Abram and Isaack did amongst the Philistines, than Jacob amongst the Shechemites, yea even than Lott amongst the Sodomites. These all gave leave to Gods people, to sit downe amongst them, though they could not clayme such right as the Kings subjects may. Now that law, the execution whereof may make us more cruell and tyrannicall over Gods children than Pagans, yea than Sodomites, must needs be most wicked and sinnefull.

3. This law doth crosse many lawes of Christ, Christ would have us render unto Caesar the things that are Caesars, Math. 22.21. But this law will not give unto the Kings majesty his right of planting some of his subjects amongst us, except they please them, Christ bids us not to forget to entertaine strangers, Heb. 13.2. But here by this law we must not entertaine, for any continuance of time, such stranger as the magistrates like not, though they be never so gracious, allowed of both by God and good men, except we will forfeite unto them our whole estates, it may be and much more than our estates comes unto. Christ commands us to do good unto all, but especially to them of the household of faith. Many other lawes there are of Christ, which this law dasheth against, and therefore is most wicked and sinnefull.

[Page]

A Reply to an Answer made to a Declaration of the Intent and Equity of the Order made at the Court in May last, whereby none are to be received &c. but by allowance of the Magistrates.*

COntentions among brethren are sad spectacles, among the churches of Christ, especially when they come once to savour of bitternesse, which would have discouraged me from publishing the former declaration, if I could have expected such an answer: And in that respect I should willingly have sitten downe under my reproach, if the cause of truth and justice had not called me againe to this taske; wherein, if I deale more sharply, than myne owne disposition leads me, the blame must fall upon him, who puts such occasions upon me, as I cannot otherwise shunne.

Many faults doth the Answerer find in my declaration. which I must examine as thay come in order. The ‘1st is, that in describing a common wealth (such as ours is) I do not describe it, as it is christian, nor as it is founded upon the grant of our King.’

To this I replye 1st, the defininition or description of the genus may be applyed to all the species, reserving the specificall differences: To define a man to be a reasonable creature is a true definition of any man, whether rich or poor, christian or heathen: and when I describe a common wealth in general or in a more civil or politicke respecte, the churches or christians which are in it, fall not into consideration, as to the being of it, for it may be a true body politicke, though there be neither church nor christian in it.

The like may be sayd for the forme of government, whether it be by patent or otherwise yet it is a government, and so the description is safe and true.

2d. The description which I make doth include all that which he doth complaine to be wanting. The words [Page] are these. A company of people, consenting to cohabite under one government, for their mutual safety and wellfare. Now let ours be layd to this description and the truth will appeare. We A.B.C. &c. consented to cohabite in the Massachusetts, and under the government set up among us by his Majesty's patent or grant for our mutual safety and wellfare, we agreed to walke according to the rules of the gospell. And thus you have both a christian common weale and the same founded upon the patent, and both included within my description.

I will adde only what I conceive from this and other like passages in his answer, viz. that he makes this exception rather to shelter himself under pretence of his renderness of the kings honour and right, than out of any ignorance of the true latitude of my description; and withall he discovers how little he regardeth what jealousyes he put us under, so he may shelter his owne parties. The Lord give him to see his secret underminings, that it may be forgiven him. Having thus faulted my description, he taketh upon him to teach me a better; and for this he refers me, by a marginal quotation to Proverb 8.5. the text is this, Oh ye simple understand wisdome and ye fools be ye of an understanding heart; and to Isai. 6.7. And he layd it upon my mouth and sayd loe this hath touched thy lipps &c. How these places will prove his description of a christian common wealth, founded upon the kings patent is beyond my reach, but it suits well with a practise now in use, to speak nothing but what they bring scripture for; so scripture be alledged it matters not how impertinent they be.

As for your description it self, I have no more to say against it, but that it was not requisite, to that which I projected, to expresse those particulars; and our lawyers will tell you that expressio eorum quae tacitè insunt nihil operatur: My intent was to prove the proprietye and priviledges of a common weale which may also belong to such government among Turkes and Pagans, so far as they may fall within my description without any prejudice to the most christian government, that is, as if I speake of one [Page] that is an honest man, and say that he goeth upright, speakes, laughs, &c. when a Turke or a Pagan doth the same.

His next exception is, that I say ‘that such a body politic may use all meanes, which may conduce to their wellfare, and do not restrain it to lawful meanes.’

To this I reply, that it is according to scripture phrase, and our common speach. When we call upon a sicke man, to use meanes for his recoverye, we are well enough understood, though we put not the word lawful: I may do all things, saith Paul, and give all diligence saith Peter, without expressing lawful, which the Answerer would have understood well enough, if he had not beene minded to seeke a knot in a rush; only I see not why he should passe over those many things which he saith are questionable in my ground worke, and take up those which will afford so little advantage.

Then he proceeds to examine the reasons which I layd downe to prove the equitie of this law.

The first reason is this, "If we be a corporation established by free consent, if the place of our habitation be our owne—then no man hath right to come in to us, without our consent."

To this he answers, that "he knoweth not how we who stand a corporation by the Kings patent can thus argue." To this I replye then. I will tell him, that which the King is pleased to bestow upon us, and we have accepted, is truly our owne.

2. He denyeth the consequence by a distinction of a consent regulated, and a vast and illimited consent.

Replye: To speake of consent in general, implyeth alwayes a consent suitable to the power or interest of him who is to give it; as when we say, a child may not marrye without consent of parents, we know it is regulated, yet when a father pleads it, he doth not neede to expresse all the limitations.

Thus he runs on in a frivolous discourse, and in the end falls upon this false conclusion, "An unlawful dissent can hinder no man," So that if he had need to borrow my [Page] horse, and I ought by the rule of love to lend him to him, though I refuse to consent to his request herein, yet he may take him, because my dissent is unlawfull; so by this conclusion a wife, a childe, a servant may doe any thinge that is lawfull, though the husband, father, or maister deny their consent. If this speed well, the next conclusion will be an anarchie.

After this discourse I expected somewhat to have taken away the consequence of my argument, but I finde not a word to that purpose, he is suddainly fallen upon my second reason, which is this,

"If no man hath right to our land, &c. but by our consent, then it is reason we should take nottice of men, before we conferre any such upon them."

This he partly grants, but complaines of the change of the question, to which I replye that I did not propound any reasons in a syllogisticall frame, but by way of discourse, and that which this argument tends unto was only to shew why some were not presently allowed, but a time taken, wherein we might gayne some nottice and tryall of them, and there was no need why the answerer should so often complaine of the change of the question; for if he takes my reasons together he cannot denye but the question itselfe is argued and concluded, as will appeare by the sequell, I will therefore passe by all that he strives about, upon this supposed fallacie, and joyne with him in the question, as he states it, viz.

Whether the admitting or rejecting of persons should depend upon the discretions of men, which he calls an unlimitted and unsafe rule and their discretion not regulated, though they should be magistrates.

To this I replye, or rather answere, first, That which he takes for granted, and wherein lyes the whole strength of his defence is untrue, viz. That the magistrates will and discretion in our case is not regulated, for 1st, the magistrates are members of the churches here and, by that covenant, are regulated to direct all their wayes by the rule of the gospell, and if they faile in any thinge, they are subject to the churches correction. 2dly. As they are [Page] freemen, they are regulated by oath, to direct their aymes to the wellfare of this civill body. 3dly. As they are magistrates, they are sworne to doe right to all, and regulated by their relation to the people, to seeke theire wellfare in all things; so as here is no such irregulated discretion as is supposed, and it seems to me an improper speech and savouring of contradiction; for discretion alwayes implyes a rule for its guide. And herein I have occasion to take in his answere to my 4th reason drawne from the practice of our churches, and some towns where matters of admitting or rejecting are ordered by discretion. And here it is made a wonder that I shew so much ignorance. I must confesse my ignorance is greate, and I cannot hide it, being exposed so much as I am to publick view: Yet that will not cover the answerers blindness, from prejudice in this greate wonder, which is such as he cannot discerne the voyce and will of Christ dispenced in the discretion of his servants and people, and yet tells us not how it should be knowne otherwise. Did he never heare. that our practise is, that none are propounded to the congregation, except they be first allowed by the elders,* and is not this to admitt or reject by discretion? Did he never heare of a christian man rejected by the church, or put off at least, because a brother hath professed want of satisfaction? Hath he never heard that the dissent of some few brethren may, by rule, (as hath beene sayd) cause the rejection of a man, whom all the rest of the brethren shall approve of? And where is Christs voyce to be heard now, if he will have discretion shut out of the church. So says the instance of townes matters (which he wisely declines and gives no answer to) he well knowes that within the towne of Boston it is an established order, that none should be received into cohabitation there, except they be allowed by certain men appointed to judge of their fitness for church-fellowship. And so, whereas the way of God hath alwayes beene to gather his churches out of the world; now, the world, or [Page] civill state, must be raised out of the churches. And yet the answerer can finde nothing of wonder of ignorance here. And if he had enquired of our neighbours at Plymouth, they could have tould him that their practice hath beene upon the like law, for many yeares, I mean in referring it to the discretion of the magistrates to receive and reject such as come to them. And if he had considered of a rule in the law of Moses, he should finde that there is power given to a husband or father to allow or make void any vow of a wife or childe at their discretion, yet I hope he will not call this a vast and unlimitted rule.

But because the word discretion seems so offensive and unsafe, let us trye it by the ballance of the sanctuarye, if we can finde it to hold weight there, sure it will prove a good measure for civill affaires.

The word in scripture is sometymes taken for sound reason, as Psal. 112.5. He will order his affaires by discretion; so Pro. 11.12. Sometymes for understanding, as Pro. 19.11. Isai. 28.26. Sometymes for skill, as Pro- 2.11. Pro. 3.21. Sometymes for judgment, Phill. 1.9. And in all places in a good sence, for it is a gift of God wherein he despenseth his own wisdome in all the affairs of men, both in church and common wealth; all lawes are made by discretion, and the equitie of them is found out and applyed to particular cases by discretion; by it (being guided by the spirit of God) the mynde and will of God is found out in his word, Acts 5.8 and Acts 8.23. Acts 15.38. Acts 21.23. Levit. 27.8, 12. So for judgment in civil causes; by discretion did Solomon judge betweene the harlots. It is not possible to provide a law that in the letter of it shall reach every case which may fall out, as we see by the law of God it selfe in the same place of Levit. 27.8. then it must rest in the discretion of the judge to discerne, so doth the Lord himselfe appointe, Deut. 17.8.9. &c. they are to do as the judge shall determine, and that which he shall declare for law, that must they obey, otherwise there could be no determination in hard and doubtful cases. As for these scriptures which the Answerer alledgeth about Christ his souerainty, &c. [Page] they are nothing to the question; for the prerogative authority of Christ in all affaires in church and common wealth, doth not hinder the manner of his dispensations of the ministry of his servants, and in the improvement of such gifts of his, of wisdome, discretion, &c. as he is pleased to exercise his authority in, according to the rule of his word.

My 5th reason is, that it is no sinne or injury to deny a man that which he hath no right unto, therefore we may denye some men place amongst us. In the answer, there is againe complainte of changing the question, because I go about to prove that some men may be rejected, which he seemeth to grant, and if so then that which he maketh the maine question will easily be cleared, for if we may reject some, then the care of this must be committed to some persons, for to speak of discerning Christ his authority in church or common wealth, otherwise than as it is dispensed in the ministry of men, is a meer idea or fantasye. If then it must be committed to some persons, to whom may it more properly than to the fathers of the common wealth? And if it cannot be foreseene who are to be received and who to be rejected, those persons must be trusted with the tryall of them, and if no certaine rule can be set downe which may be sufficient to discerne of every man, then must it be committed to their discretion, regulated by the word of God, and the dutye of their place, which they are bound to observe. And whereas the Answerer cryes out against this course as vast, illimitted, sinefull and injurious, and yet will not (and cannot) prescribe us a better, neither in his answer, nor at the court when he opposed the makeing of this law, may we not safely judge that such opposition and those reproachful termes as are cast from it, upon an ordinance of God, in the faces of those whom he would have to be had in honor for his sake, proceed rather from distemper of minde, than from any just cause of offence?

Now here I might strike him with his owne weappon, for when he seekes to prove that any of the kings subjects, have right by our patent to come and plant in places [Page] not inhabited, he changes the question indeed, for both the law and our dispute have beene about entertaining into houses and townes, and not into places not inhabited. That question may fall to be discussed upon some other occasion.

Againe (that we may take notice how his zeale for the cause outrunes his judgment) he gives to all the kings christian subjects a right to plant among us, by vertue of our patent, and such a right as by misusage whereof they may forfeit the patent, and here he might fitly have brought in his vast and illimitted termes, had he not misplaced them, for hast, for there was never seene such a vast patent of incorporation as should comprehend all the kings christian subjects, which is as large as if he had said all his subjects.

But that others may see his errour, if he himselfe will not, let the patent be perused, and there it will be found, that the incorporation is made to certaine persons by name, and unto such as they shall associate to themselves, and all this tract of land is granted to them and their associates: And after this he gives leave to any of his subjects to depart out of his other dominions to this place: So then the case standeth thus, the 10 men of Boston allow a strainger to sit downe among them, yet this gives him no right to any mans house or land, nor to any lot in the towne, till it be granted him, nor to any privilege there till he be made free; we must have a new sort of reason to make this a good argument; the King gives a man leave to inhabite in the incorporate colony of the Massachusets, ergo, he hath hereby right to the lands there. His discourse about the matter of general right by patent is so confused and irrational, as I should but waste tyme and paper to follow him in it, valeat ut valere potest. I finde nothing in it which may endainger my argument, except it be put out of countenance, by a false clamour of robbery, vexation, oppression, &c. as if the state here went about to take from men their lawful right and expell them from their houses, &c.

The 6th reason is this, if straingers have right to our houses, &c. then it is either of justice or of mercye, &c.

[Page]The answerer, after his wonted prejudice of change of the question, undertakes to prove, ‘that some straingers have right in justice by the Kings patent,’ only he restraineth it to cohabitation and sojourning (which will conclude nothing for him, seeing this law doth not shutt out all straingers) The reasons he bringeth are three, the 1st, because they are fellow-subjects, 2dly, because they are of the same nation, 3dly, because they are christians.

To this I replye, that I have alreadye cleared this pointe in laying open the extent and meaneing of the patent, and this I may say further, that I have reade over all the lawes of England and all the general customes and privileges of the Kings subjects there, but I have not found any thinge that may give the least colour for such a priviledge as is pretended.

As for that of christianitye I have granted in my declaration that there is a right of hospitalitye, but for other right of cohabitation or sojourning it must be considered in such special cases, as may fall out and cannot be provided for by general rule.

My 7th reason is drawne from the proportion or resemblance that a common-wealth hath to a familye, which is not bound to entertaine all comers, no not every good man, otherwise than by way of hospitalitye.

The answerer (his complainte of changing the question premised) seekes to disprove the proportion, by ‘distinguishing between the right which the maister of a familye hath to his house, &c. and the right which this common wealth hath to all the houses, &c. within this paient.’ This he amplyfyes by particular instances. ‘1. in power of bequeathing them to his wife and children. 2. In regard of the King's right. 3. In respect of such as are no members, &c. and yet have right to their houses, &c. 4. In regard to such as have protested against this law.’

To this I replye, that it is not needful they should hold proportion in all respect. It is sufficient if they hold in that which is intended, viz. libertye to receive or reject; which being knowne to all and confessed by the answerer, [Page] in granting that some may be rejected, is sufficient to make good the argument drawne from this similitude: yet to make it more cleare, I replye to these instances.

To the first I say, that a bodye politicke may leave their houses, &c. to their successors, which are in the place of their children. 2. For the Kings right, that being paramount, hinders no more in a common-wealth than it doth in a familye, for he hath the same interest in the houses, &c. of the father of a familye. 3. For such as are no members they are as sojourners in a familye, who though they have right to be in the familye themselves, yet may not receive in any to reside in their particular chambers, without consent of the master of the familye. 4. For such as protested against this law, that protestation cometh too late (except they first convince us of the injustice of the law) seeing they formerly gave an implicite consent to all the wholesome lawes and orders of the body; neither need we feare to proclaime our right to our houses, &c. against all intruders, more than particular persons and corporations may do in England, notwithstanding his Majesties interest in them also. Such objections are not worth any answer.

In his answer to my 8th reason, viz. ‘Turpius eijcitur quam non admittititur hospes,’ he saith it is of humaine authority, and that my conclusions are farr from the marke.

To this I replye, that though this sentence be humaine, yet the equitye of it is strengthened by divine truths: It had been lesse griefe to Abraham not to have received Hagar to his bed then it was after to cast her out; and it was turpius for Tobija and his stuffe to be cast out of the temple, then it would if he had not been received in. Now that it may appear how farre my conclusion is from the marke, I will thus lay downe the argument. That law which shuts out such as being received in, shall be worthy to be cast out is honest and of good reporte, but this law doth so, ergo, &c.

The major proposition is proved by the examples of Hagar and Tobija, the minor I prove thus; the law provides to have such kept out as will disturbe the peace here, [Page] rightly established by the rules of Gods word, ergo, &c. except the argument may be avoyded, the conclusion will hitt the marke.

But the Answerer saith that, ‘1. Such ones as are intended to be kept out, are no disturbers of our peace. 2. That the law doth not declare who are to be kept out and who not.’

To these I replye first, for brevitys sake let the apologie and the remonstrance, with the coppie of the whole sermon (which himselfe delivered into the court) be compared and examined, and they shall decide the question, if you will stand to it.

To the second I replye, that yourselfe confesses who the law intended to keepe out; and though such a preamble as might have expressed the full intent, was (for want of time) omitted (which was indeed a defect) yet such as were of the court, and did well know, can make no such advanvantage of it, seeing the magistrates have other rules to guide them in the execution of it; and so it is warranted by scripture examples as that of our saviour Math. 16.19. and 18.18. whatsoever you binde on earth shall be bound in heaven &c. yet he doth not there tell them, who they ought to binde or loose.

The 9th argument is taken from that of the 2 John 10. Such as bring not the true doctrine are not to be received to house, and consequently not into the common wealth.

The Answerer (after his usual complainte of the change of the question) acknowledgeth, that if the order had been made against such it would not have been opposed; but affirmeth that it appears (by the same expressions in the court, and by the execution of the law in part) that this law is made to keepe out such as bring the true doctrine of the gospell, so that now he hath brought the question to this state, whether the opinions spread in the country. and opposed by the magistrates and elders, be the doctrines of the gospell or not, which seeing it is to be decyded by the synod assembled, it will be best to attend the issue thereof.

[Page]In his answer to the 10th reason, he doth only discourse and finde fault with a conclusion which is of his own framing (for I do not conclude that the law was only for taking notice of such as come to us, but I add also the ende of such notice, viz. for avoyding such as are to be kept out) which being all included in one parentesis, it is more than a slip thus to mistake it.

And whereas he chargeth me, as if I grounded the law upon no better foundation than a good intent, the reader may easily judge that it is a meere slander: For I lay down the order of the law to be, that such should not be received into our fellowship who are likely to disturbe the same; and thence I inferre that this intent is lawfull and good.

The like cast he hath at the persuasion and conscience of such as are to execute this law: And here I must make bold to aske him this question, viz. Seeing you are bound by your oath in all causes wherein you are to give your vote for elections, &c. to goe according to your conscience, if then one be propounded to be chosen a magistrate, and you are persuaded in your conscience, by the best knowledge you can get of him, that he is not fitt for that place, whether are you to give your vote for him or not? When you have answered this question, I will replye further to you: And with all I desyre the answerer to take this along with him; that this law concerning the freemens oath, whereunto all the godly of this common-wealth consented, (and which referrs the judgment of persons and churches in that cause to the conscience and persuasion of christian men) was never yet held to be a vast and illimitted rule.

The Answerer proceeds to the objections, and least his arguments should not reach his ayme, he speakes to prejudice the readers judgment, by averring much unsoundnes, &c. beforehand, but I must intreate him to make a better discovery ere it be yeelded.

The 1st objection is, that some profane persons are received and others who are religious are rejected.

The answerer disclaymes this objection as none of theirs, which matters not greatly. I know from whome I heard [Page] it, though he did not; yet he might as well owne it, as offer to prove that such as are truly and christianly religious have been rejected, except he will denye such to be religious: But I affirme still, as I did before, that I know of none such, who have been rejected, nor any such blasphemers or quarrellers (as he speakes of) to have been received.

In his answer to my solution of this objection, I only observe this, that whereas my argument is by way of comparision ‘betweene a younge prophaine person and an elder professor confirmed in some errour,’ he gaine saith the comparison by introduction of Abraham, who was a blessing to others; but alledgeth not any opposite member; but sure he was in a greate streight, otherwise he would not have held forth the father of the faithfull as such an one, as he must produce to answer my comparison; but it well accords with his owne tenent, that he must have leave to advance his owne partie, whatever danger or damage befall others by it.

After this he takes upon him to prove, ‘that all such as are confirmed in any way of errour, are not to be denyed cohabitation, but are to be pittyed and reformed, for this he alledgeth two places of scripture, Jude 22, 23. Gen. 16.17.’

To this I replye 1st, Let it be observed how this answers my argument. I endeavoured to prove that some professors were to be denyed cohabitation, rather than some prophaine ones, for this reason, viz. because they may be more dangerous. His answer is, that all such as are confirmed in any way of errour are not to be denyed, &c. and omitts that wherein the weight of the argument lies, viz. their being dangerous to publick peace. 2dly, I denye that these scriptures prove his proposition, for that in Jude speakes nothinge of cohabitation, or confirmation in errour, nor speakes he to magistrates, or such as had power, to receive or reject, &c. and if he will bring that place to his purpose it will inferre this conclusion, that no compassion is to be had of such as we may denye cohabitation unto. [Page] As for that, Gen. 16.12. it is as little to the purpose. Ismaell dwelt in the house of his brethren, but not among them; so, by our law, such as we hold not fitt to dwell among us are not denyed to dwell by us.

Another objection is, "that by this law we reject true christians, and so consequently Christ himselfe."

The solution of this objection is, that in some cases a man that is a true christian may be rejected or denyed residence, and yet Christ not rejected; for proof whereof I instance in diverse particulars, all which he passeth by, without any directe answer; but concludes, that is nothing to the law; which I must leave to the reader to judge of, seeing he brings neither reason nor scripture against it, to which I may replye.

After this he comes to the particular occasion of the law, and here he layes about him in earnest, and strikes all that come in his way, magistrates, elders, and all that doe walk in that way which Mr. Wheelewright hath described to be a way of a covenant of workes, and holds them forth as Antichrists; and for proof hereof alledges that in 1 John 4.1, 2, 3. where the Apostle, giving a rule to discover false spirits by, gives this as the marke, they confesse not that Jesus Christ came in the flesh, and such a spirit is of Antichrist. How this place proves his assertion I am not able to discerne: Sure I am that such, as he casts under a covenant of workes, doe confesse that Christ is come in the flesh, but then I see that hereby he hath brought the cause, which he is so zealous for, into such a toyle as all the skill he hath cannot extricate, unlesse (as before) he will draw in Abraham into the same estate of antichristianism; seeing by that doctrine he walked in the same way of a covenant of workes, 14 yeares together, viz. while he kept Hagar, &c.

For his answer in defence of Mr. Wheelewright his opinions, I will make no replye, but waite the successe of the conference among the churches now assembled.

In the last place he bringeth diverse reasons to prove "that this law is most wicked and sinnefull."

[Page]His 1st reason is, this law giveth that, without limitation, to men, which is proper to God; and so is a ground of grosse popery; for proofe he cites Deut. 1.17. and 17.9, 10, 11.

To which I answer, that I have proved already that the magistrates are limitted both by their church covenant and by their oath, and by the dutye of theire places, to square all their proceedings by the rule of Gods word, for the advancement of the gospell and the weale publick; neither doth it crosse either of the places mentioned, for whatsoever sentence the magistrate gives, according to these limittations, the judgment is the Lords, though he do it not by any rule particularly prescribed by civill authority. As for that other place in Deut. 17.9. it strengthens our law, and reflects sharply upon such as doe oppose it; for it streightly commands all persons to submitt to the sentence of the judge, and to receive the exposition of the law from his mouth; so as such gainesayers stand guilty of presumption in opposeing the sentence of the judges, before they have clearely convinced them that their sentence is contrary to the law of God.

As for that aspersion of popery, &c. it will draw no blood; his earnestnes in the cause makes him thus to cast dirt upon his opposers, when he hath spent his shott.

2. His 2d reason against this law is, that it gives libertye to the magistrates to expell and reject those who are most eminent christians, if they suite not with the magistrates disposition; and thence concludes that Christ and his members will finde worse entertainment among us than the Israelites did among the Egyptians and Babilonians, han Abraham and Isaack among the Philistines, than Lott among the Sodomites, &c.

To this I answer, 1. His earnestnes confounds his memorye; he knows well, that this law gives no power to expell any, neither doth it make the magistrates disposition the rule for rejecting any; but this slander hath beene confuted before. 2. For a brother in church covenant and a fellow member of such a civill body as ours, to conclude [Page] so peremptorily of his fellow brethren, favours of much arogance and desperate prejudice. If his charity can hope no better of us, but that we will deale worse with Gods people than the Pagans (and that before he hath seene any experience of it) it is no marvaile if he favour such as have ranked us with the same before; onely herein he deales fairely with us, in giving us tymely warneing what to expect from the imbittered mynde of such a brother; but for his argument it selfe thus it stands: The Egyptians, &c. gave leave to Gods people, to sett downe amongst them: But the magistrates will not give leave, &c. ergo, they are worse than the Egyptians, &c.

I answer, howsoever the magistrates cannot stopp his fury, yet we shall free the law from the force of his argument: For except he had assumed thus, the magistrates must or may &c. for it is nothing to the law, that they will doe so, seeing a magistrates will may transgresse a good law, and if they should doe so, yet I denye that it is by the liberty of the law, which I shall not need further to prove, seeing my denyall will bear as much weight as his affirmation.

3. His 3d reason is, this law doth crosse many lawes of Christ. This he proves by enumeration of 3 particulars, Matt. 22.21. Heb. 13.2. Gal. 6.10.

To this I answer, and 1. to that of Matt. 22.21. Give unto Cesar the things which are Cesars. The reason lyes thus: The King hath right to plant any of his subjects among us; but we denye to let him plant some of his subjects among us, unlesse they please us; ergo, we denye to Cesar, &c. The proposition is false; for I have proved before, that the King haveing given all the land within certaine limitts to the patentees and their associates, cannot send others to possesse that which he hath granted before.

2. As for that in Heb. 13. it is nothing to the purpose; This law of the court hinders not the entertainment of straingers so farre as the rule of hospitalitye requires; and there is no other intended in that place.

[Page]3. For that in Gal. 6. I confesse the houshold of faith are principally to be regarded; and it is apparent that the care of their wellfare was the only occasion and ground (next the glory of God) of the making of this law: For, the court, taking nottice how the hearts of the faithfull were sadded by the spreading of diverse new and unfound opinions, and the uncharitable censures which they laye under by occasion of them, how brotherly love and communion decayed, how the ordinances of religion were neglected, and the faithfull dispensers thereof (sometimes more precious than fine gold) slighted and reproached, throughout the whole countrey, they found it needfull to provide remedye in tyme, that it might goe well with the houshold of faith, and though the execution of this law should turne to the damage of some of this houshold, yet better it is some member should suffer the evill they bring upon themselves, than that, by indulgence towards them, the whole familye of God in this countrey should be scattered, if not destroyed.

His last argument (by which we may see that he ment not to quitt the cause, so long as his breath would hold) is this, This law dasheth against many other lawes of Christ ergo, it is most wicked and sinnefull.

To which my answer may be short, and yet sufficient to withstand the force of his argument. This law dasheth not against any law of Christ; ergo, it is just and good.

[Page]

A Quo Warranto brought against the Company of the Massachusetts Bay by Sir John Banks Attorney-General.

Trin. 11mo. Car. 1ml. R•. In Banco R•.

London ss.THAT Sir Henry Rosewell and all the Massachusetts Company named in this patent and others of the said Company in New England, for 3 yeares last past and more, used in London and other places, as alsoe in severall partes beyond the seas, out of this kingdome of England, without any warrant or royall grant, the liberties, priviledges and franchises following, viz.

(1) To be a body corporate and politique by the name of the Governor and Company of the Massachusetts Bay in New England, and by that name to plead and be impleaded, answer and be answered in all courts and causes.

(2) By that name to be capable of purchaseing and retaining any lands, hereditaments or goods from his Majesty or any other in England or elsewhere, and of aliening the same to any person.

(3) Have severall common seales alterable at theire pleasures.

(4) To make and sweare a Governor and Deputy Governor, of themselves, and to name and sweare any persons either out of themselves or others, to be assistants of the said society, and to appoint and sweare out of themselves soe many officers in England, and abroad in Massachusetts Bay, as they please, and at their wills to displace and change any of them.

(5) To admitt whom they please into the said Company, as well aliens as others, and to take severall somes of money for such admissions, and at their wills to disfranchise whome they please, and turn them out of that Company.

(6) To hold to themselves and successors all that his Majesty's territory of Massachusetts Bay in New England, [Page] and the same to sell, give or dispose of as they please, and to have the sole government of all that country and all persons there or coming thither or trading thither, by the orders and constitutions of theire society.

(7) To keep a constant councell in England of men of theire owne Company and chooseing, and to name, choose and sweare certaine persons to be of that counsell, and to keepe one councell ever resident in New England, chosen out of themselves and to name choose and sweare whom they please to be of that councell.

(8) To appoint councell houses in England and beyond seas and there, when they please, to hold a court of such of the said company as they please; and in such courts to make such lawes and statutes concerning the lands goods and chattells of that company and other persons beyond seas, against the laws and customes of England, and all such, as well of the said company as others who are disobedient to the same, to imprison fine and amerce and them to leavy and convert to their owne use.

(9) To transport out of England beyond the seas his majestys subjects and others and them, at theire wills, to governe on the seas and on partes beyond the seas.

To have power, against the lawes and statutes of England, to transporte thence into partes beyond the seas all merchandizes and other things whatever prohibited by the lawes and statutes of England and all weapons and instruments of warr powder shott victuals horses mares and all other merchandize custome free.

(10) To exact of all persons tradeing there, his majestys or others, of the said company or others, certaine somes of money, at theire wills, and to imprison such as refuse or neglect to pay the same.

(11) To have the sole importation, from thence, of all merchandizes into England and, by theire owne authority, prohibiting any of theire company to export out of England any merchandizes or other things thither.

(12) And to lay fines and amercements on such persons trading with any goods thither and to imprison theire persons and lay such mulcts on theire merchandize as they pleased.

[Page](13) To use, in those partes beyond seas and upon the high sea, at theire pleasures, martiall law.

(14) And to examine on oath any person in any cause touching life and member and to proceed to tryall sentence judgment and execution touching life and member lands tenements goods and chattells, against the lawes and customes of England.

All which franchises liberties &c. the said Sir Henry Rosewell and others of the said company have, for all that time, and still do usurp in contempt of his majesty &c.

And Mr. Attorney prayes process against the said persons to answer by what warrant they held the same.

In Michas T. XImo. Car. Imi.

THEOPHILUS EATON came in and pleaded, That he never usurped any the said liberties, priviledges and franchises in the information, nor did, nor doth use or claime any of the same, but wholly disclaymes them and prayes dismission, whereupon the court gave judgment:

That the said Theophilus shall not for the future intermeddle with any the liberties priviledges or franchises aforesaid, but shall be forever excluded from all use and claime of the same and every of them.

Hill. XImo. Car. Imi.

Sir Henry Rosewell comes in and pleades the same.

Pass. XIIItio. Car. Imi.

Sir John Young comes in and pleades the same.

Hill. XIImo. Car. Imi.

Sir Richard Saltonstall comes in and pleades the same, and judgment given against him as against Eaton.

Mich. XImo. Car. Imi.

John Ven comes in and pleades the same, and the like judgment against him.

[Page]Eod. Termino.

Matthew Cradock comes in, having had time to interplead, &c. and on his default judgment was given, That he should be convicted of the usurpation charged in the information, and that the said liberties, priviledges and franchises should be taken and seised into the King's hands, the said Matthew not to intermedle with and be excluded the use thereof, and the said Matthew to be taken to answer to the King for the said usurpation.

Eod. Termino.

George Harwood comes in and pleades the same with Eaton, and the like judgment given against him as Eaton.

Eod. Termino.

Richard Perry and Thomas Hutchins came in and pleaded the same and had like judgment as Eaton.

Eod. Termino.

Nathaniel Wright does the same, and judgment alike.

Eod. Termino.

Samuel Vassall pleades the same and has the same judgment against him as Eaton.

Eod. Termino.

Thomas Goffe pleades the same and has the same judgment.

Eod. Termino.

Thomas Adams pleades the same and has the same judgment.

Mich. XIIItio. Car. Imi.

John Browne pleades the same and has the same judgment.

Mich. XImo. Car. Imi.

George Foxcroft pleades the same and receives the same judgment as Eaton.

The rest of the patentees stood outlawed and not judgment entred up against them.

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A Coppie of a Letter sent by the appointment of the Lords of the Council to Mr. Winthrop, for the Patent of this Plantation to be sent to them.

At Whitehall April 4th 1638. Present,

Lord Archbishop of Canterbury

Lord Keeper

Lord Treasurer

Lord Privy Seale

Earle Marshall

Earle of Dorset

Earle of Holland

Lord Cottington

Mr. Treasurer

Mr. Controuler

Mr. Secretary Cooke

Mr. Secretary Windebank

THIS day the Lords Commissioners for foreign Plantations, taking into consideration that the petitions and complaints of his Majestys subjects planters and traders in New-England grow more frequent than heretofore for want of a settled and orderly government in those parts, and calling to mind that they had formerly given order about two or three years since to Mr. Cradock a member of that plantation, to cause the grant or letters patent of that plantation (alleadged by him to be there remaining in the hands of Mr. Winthrop) to be sent over hither, and that notwithstanding the same, the said letters patent were not as yet brought over: And their Lordships being now informed by Mr. Attorney General that a Quo Warranto had been by him brought according to former order against the said patent, and the same was proceeded to judgment against so many as had appeared, and that they which had not appeared, were outlawed.

Their lordships well approving of Mr. Attorney's care and proceeding therein did now resolve and order, that Mr. Meawtis clerk of the council attendant upon the said commissioners for foreign plantations should in a letter from himselfe to Mr. Winthrop inclose and convey this order unto him. And their Lordships hereby in his Majestys name, and according to his express will and pleasure strictly require and enjoine the said Winthrop or any [Page] other in whose power and custody the said letters patent are, that they fail not to transmit the said patent hither by the returne of the ship in which the order is conveyed to them, it being resolved that in case of any further neglect or contempt by them shewed therein, their lordships will cause a strict course to be taken against them, and will move his Majesty to reassume into his hands the whole plantation.*

Copy of Sir William Martin's Letter to Governor Winthrop, enquiring about the State of the Colony.

I Am glad to heare of Mr. Nortons safe arrivall, and should have been more glad if it had beene at the baye. I hope he will settle with you; his abilityes are more than ordinary, and will be acceptable and profitable to the churches. I have received Prats exposition from Mr. Downing; and in the mayne I finde little difference therein from his letter. I should be glad to be truly informed by you, what You conceive of the soyle and meanes of subsistances, and whether that exposition agrees with the truth of things. I am sorry to heare of Mr. Williams's separation from you: His former good affections to you, and the plantations, were well known unto me and make me wonder now at his proceedinges. I have wrote to him effectually to submit to better judgments, and especially to those whom formerly he reverenced and admired; at least to keepe the bond of peace inviolable. This hath been alwayes my advise; and nothing conduceth more to the good of plantations. I praye shew him what lawfull favour you can, which may stand with the common good. He is passionate and precipitate, which may transport him into error, but I hope his integrity and good intentions will bring him at last into the waye of truth, and confirme [Page] him therein. In the meane time, I pray God to give him a right use of this affliction. Thus leavinge him to your favourable censures, and you all to the direction of God, with my best respects to you and yours, I signe me

March 29. 1636.

Your affectionate, W. M.

Copy of a Letter from Mr. George Fenwick* to Governor Winthrop.

Sir,

I Thank you for your continued offices of love in your counsaile to my servant, while the Lord granted him health, and your kindnes and respect to him in his sicknes; as the Lord shall offer me opportunitie you shall ever find me ready to performe the like or any other fruit of well affection for you or yours. The change that his death hath made in my occasions putts me upon much new labour that I thought I had done with, and therefore I must be very briefe at present. I shall desire that those cattle that are in your hands or any others may be continued as they were till next springe, when I shall, if the Lord grant life, take order for them. I wrote to you concerning powder that was left in the bay, the store we had here grows short, but I hope we shall have noe need till next springe, until when I leave it also, only I directed my man that if he saw it decaying, haveing been long kept, (though that we have here holds yet well) he should sell 8 or 10 barrels of it. Concerning the last part of your letter I can yet say little, only thus much that whatsoever tends to mutual defence and shall conduce to the settling and maintaining unfained love, you may expect from me and all those who are intrested in this place. For other matters, as they are of great consequence and near concernment to others as well as myself, I can at present say thus much only, that if there be any thing betwixt you and the townes above, about bounds, whatsoever is concluded without us heare I shall account invalid and must protest [Page] against it. I speak not this out of any feare either of wrong or neglect from you or them, but to tell you in short (having many other business) what I hold my self bound to doe in that particular, and when there shall be a fitt time for any thing betwixt us you shall find us in all things to submitt to right and good conscience. I am lastly to thank you kindly on my wifes behalf for your great dainties; we both desire and delight much in that primitive imployment of dressing a garden, and the taste of soe good fruits in these partes gives us good incouragement. We both tender our loves and respects to your self and bedfellow. If there be any thing wherein you can use me, I am

Yours in any real office of love, Geo. Fenwicke.

October 1639.

This young man came by a providence in the bark that brought me news of Richards death, and having been versed in bussines while he was an aprentice I hope will ease me of some occasions that I send him over to dispatch.

Gyles Fyrmins Letter to Governor Winthrop, about his settling.

Much honoured and deare Sir,

BUT that I thinke it needlesse (God havinge more than ordinarye fitted you for such trials) my letter might tell you with what griefe of spirit I received the news of that sad affliction which is lately happened to your worship, by means of that unfaithful wretch; I hope God will find a shoulder to helpe you beare so great a burthen. But the little time there is allotted me to write I must spend in requesting your worships counsel and favour. My father in law Ward, since his sonne came over, is varey desirous that wee might sett down together, and so that he might leave us together if God should remove him from hence. Because that it cannot be accomplished in this town, is verey desirous to get mee to remove with him to a new [Page] plantation. After much perswasion used, consideringe my want of accommodation here (the ground the town having given mee lying 5 miles from mee or more) and that the gaines of physick will not finde mee with bread, but, besides, apprehendinge that it might bee a way to free him from some temptations, and make him more cheereful and serviceable to the country or church, have yeelded to him. Herein, as I desire your counsel, so I humbly request your favour, that you would be pleased to give us the libertye of choosinge a plantation; wee thinke it will be at Pentuckett, or Quichichchek, by Shawshin: So soon as the season will give us leave to goe, wee shall informe your worship which we desire: And if that, by the court of election, we cannot gather a company to beegine it, wee will let it fall. Wee desire you would not graunt any of them to any before wee have seene them. If your worship have heard any relation of the places, wee should remaine thankful to you, if you would bee pleased to counsel us to any of them. Further, I would entreate for advise in this: The towne gave mee the ground (100 acres) upon this condition, that I should stay in the towne 3 yeeres, or else I could not sell it: Now my father supposes it being my first heritage (my father having none in the land) that it is more than they canne doe to hinder mee thus, when as others have no business, but range from place to place, on purpose to live upon the countrey. I would entreate your counsel whither or noe I canne sell it. Further: I am strongly sett upon to studye divinitie, my studyes else must be lost: for physick is but a meene helpe. In these cases I humbly referre to your worship, as my father, for your Counsel, and so in much haste, with my best services presented to your worship, wishinge you a strong support in your affliction, and a good and comfortable issue, I rest

Your worships in what he canne to his power, Gyles Fyrmin.*

Ipswich, 26. 10th, 1639.

Wee humbly entreate your secrecye in our desires.

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Copy of a Letter from Mr. Edward Winslow to Governor Winthrop.

Worthy Sir,

HAD not the Almighty (who is righteous in the middest of mans unrighteousnes) stirred up certaine malicious and slanderous persons to defame me with impudent, falfe and shameles reports, to my no small griefe and trouble, I had been with you before this day, knowing right well how comfortable the face of a friend is in such sad conditions as yours at present. How I have been and am affected with those losses and crosses as are befallen you by your unfaithful servant, he that made the heart best knoweth. But when I consider how unhappy a man may be, in the fullest and most plentiful enjoyment of worldly treasures, then I judge you neerer happines in the losse of them; not doubting but our gracious God will sanctifie his hand unto you, assuring myselfe it will be good for you in the end. How prone would Gods people be to have their hearts ensnared and taken up with the world and the riches and honors thereof, if he should not sometimes shew us their vanity. He that brought Job so low (after he was humbled before him) blessed his latter daies more than his former. We have to doe with the same God: He can doe what he will, and let this be our comfort, he will doe what is best for us: Therefore let us shew forth his praise by patient submitting to his hand, joining therewith a diligent enquiry after the cause twixt him and ourselves. I have too often used a foolish proverb, I had rather be envyed than pittyed: But I finde by lamentable experience Gods word true, That none can stand before envy; and therefore prefer your condition farre before mine owne, whom I conceive to be compassed about with friends. But alas, however a friend loves at all times, now is the time of tryall; and herein (as many other waies) I doubt not but you will gaine by your present condition; which the Lord [Page] in mercy grant. What you wrote to our Governor he imparted to me. Few or none of note have come from your parts this way of late, by reason of the season: So that we heare not what order you have taken in your business. If my presence may any way stand you in steed, you may command it, and my best service therewith. I pray you, Sir, take it not ill that I am thus plaine. If I faile tis occasioned by my love, knowing right well how such an unexpected streight may pinch a good estate, which I should be very sorry to heare. Be you and yours saluted in the Lord, to whom my prayers are that his comforts may exceed your crosses: And so desiring your prayers take leave, remaining

Your assured friend, sympathizing with you, Edw. Winslow.

Careswell,* this 17th Mo. ult. 1639.

Copy of a Letter from Mr. Thomas Jenner to Governor Winthrop.

Worthy Sir,

YOUR pious and good letter I received; for which I humbly thanke you. Your judicious counsel therein I lovingly imbrace, as concurring fully with mine owne judgment: Hence have I not troubled the people at all with church discipline, or constitutions of churches, &c. but have bent my whole studdies to shew them their miserable and lost estate without Christ, &c. Nor have I enveyed, in the least measure, against the church of England (to my remembrance) but have been (and still am) very fearefull to give one word of distast about those things, but altogether do seek to gaine them to Christ. True, I do acknowledge that after I had been here for the space of a month or 6 weeks, and perceiving them very superstitious, (performing mans invention rather than the [Page] instituted worship of God) now, that I might gaine their good esteeme of Gods pure ordinances, and make them see the evill and folly of their superstition and will-worship, I made choise of Ps. 19. and 7. to handle it at large: And, in one of the uses of reproof, I bent myselfe as strongly as I could against the religion of the Papists, and condemned those practices, which I saw the people here were superstitiously addicted to, in that use against the Papists; whose religion I shewed, at large, consisted either of a new instructed worship not mentioned in the law of God, or of Gods instituted worship miserably abused, either by their additions or diminutions; and shewed the particulars wherein. Now (I heartily thank God for it) it took a generall good impression, excepting Mr. Vines and one more who told me I struck at the church of England, though I mentioned her not. Whereupon he pressed me to dispute with him about one part, of baptizing infants with godfathers and godmothers; the which I was very loth to dispute about; yet I saw that either I must, or else sit downe with shame, for he had called together his whole family to heare it. Now, it pleased God so to strengthen me (through the riches of his mercy) that he was utterly silent; and since that time hath manifested more respect and love to me and my master than formerly, and doth take notes of the sermons dayly, and repeateth them in his family very orderly, as I am informed.

Thus, sweet Sir, I make very bold to enforme your worship with the truth of things, though not worth the writing.

I have been solicited both from the inhabitance of Stratens plantation and from those of Caskoe, to be a meanes to helpe each of them to a godly minister; wherefore I do make bold to intreat your worship to do your endeavour to furnish them both.

Thus, hoping ere long to see your face, I leave you in the arms of our blessed Saviour, in whome also I rest,

Your worships to command, till death, Th. Jennet.

Saco, 26 of the 2d, 1641.

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Copy of a Letter from Mr. Endecott to Governor Winthrop, about La Tour.

Deare Sir,

I Am glad that La Tour hath not ayd from us; and I could wish hee might not have any from the shipps: For as long as La Tour and Daulney are opposites they will weaken one another. If La Tour should prevail against him we shall undoubtedly have an ill neighbour. His father and himselfe, as I am informed, have shed the blood of some English already, and taken away a pinnace and goods from Mr. Allerton. It were (I think) good, that that busines were cleared before hee had either ayd or libertie to hire shipps, yea, or to depart.

Sir, it is not the manner abroad to suffer straingers to view forts or fortifications, as it seems these French have done. I must needs say, that I feare we shall have little comfort in having any thing to doe with these idolatrous French. The countrey hereabouts is much troubled that they are so entertayned and have their libertie as they have to bring their soldiers ashore, and to suffer them to trayne their men. And great jealousies there are, that it is not Daulney that is aymed at; seeing such a strength will neither sute such a poore designe, and La Tour a man of weake estate, as it is said. Wherefore, other mens hands are employed, and purses too, for some other service. But I leave all these things to your serious considerations, desireing the Lord to guide you therein to the glorie and peace of the churches here, to whose grace I commit you and humblie rest,

Yours truelie ever, Jo. Endecott.

19th of the 4th, 1643.

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Copy of a Letter from Thomas Gorges* to Governor Winthrop.

Piscattaquake, 28 June 1643.

Right worthy Sir,

I Understand by Mr. Parker that you have written to me by Mr. Shurt, which as yet I have not received. It cannot be unknown to you the fears that we are in since La Tours promise of ayd from you; for my part, I thought fitt to certifye foe much unto you, and I doubt not only these parts which are naked, but all N. E. will finde D'Aulnay a scourge. He hath long wayted (with the expence of neer 800l. per month) for the apprehending of this supply, and if all his hopes shall be frustrated through your ayd, you may conceive where he will seeke for satisfaction. If a thorough worke could be made, that he might utterly be extirpated, I should like it well; otherwise it cannot be thought but a soldier and a gentleman will seeke to revenge himself, having 500 men, 2 shipps, a galley, and 3 pinnases, well provided: Besides you may please to conceive in what manner he now besiedges La Tour, his shipps lye on the S. W. part of the island at the entrance of St. Johns river, within which side is only the entrance for shipps, on the N. E. lye his pinnases; it cannot be conceived but he will fortifye the island, which will debarr the entrance of any of your shipps and force them backe, shewing the will, having not the power, to hurt him.

I suppose I shall for England in this shipp, I am not as yet certayn, which makes me forbear to be large at this tyme, or to desire your commands thither. Thus in haste I rest,

Your honouringe friend and servant, Tho. Gorges.

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Copy of a Letter from Richard Saltonstall and others to the Honourable Governor, Deputy-Governor, and Assistants, and the Reverend Elders at or near the Bay.

Much honoured in the Lord,

THough we doe, and may truly, professe ourselves to be both unfit and unwilling to interpose in a matter of such state and weight, as we conceive this French affair to bee, yet the honour we owe to the religion we professe, the loyalty we beare to our native country, especially in its present condition and the reference wherein it stands to the kingdome of France, out of respect to the reputation of our government and governors, our tender care of the souls and lives of such as are committed to the trust thereof, the eye of care we ought to have upon our friends in the east, our regard to our christian confederates, so lately combined with us, in confidence of our piety and wisdome, and the religious discharge of our own consciences and duties, will not permit us to be silent, so long as there is any roome left for us to speake. We have littel hope to revoke resolutions soe farre transacted and ripned, but we presume it shall not be taken amisse, if we labour to wash our hands wholly of this designe, and what ill consequences soever it may produce. The reasons moving us hereto, are our deepe feares that the stated rules of undertaking warres, either by proper and direct enterprize, or by lending ayd, have not been so duly observed, as we could wish.

1. The grounds of warre ought to be just and necessary. For the justice of this warre by la Tour agaynst Daulnay, we conceive that all the light and information New England hath, or may probably receive, cannot be sufficient for us to determine it possitively; we understand it hath beene variously judged in the courts of France, one while for Daulnay, another while for la Tour, and it is not impossible that la Tour hath now rather outfriended than outpleaded Daulnay; we shall therefore runne into an unchristian [Page] premunire of presumption if we resolve upon such an enterprize with an irresolved faith, in causâ dubiâ bellum non est suscipiendum. For the necessity of it, it must either be in point of charity towards de la Tour or upon some engageing interest of our owne. For any bond of charity, we conceive the speech of the prophet to Jehoshaphat, 2 Chron. 19.2. and of Solomon, Proverbs 26.17. not only discharge but strongly prohibite us. 1. For our owne interest, if it be cleare that Daulnay hath offered us such great wrong, as invites us to a warre (which we much question, for it must be atrox injuria) we suppose it would stand more with the honor of our religion and plantation, to proceed professedly and orderly against him, then for us English to become but margent notes upon a French text, which to us is as yet but apocripha; and to undertake him upon more certaine grounds, and at a more seasonable time when he doth less expect us, and is not so well provided for us as now he is. Warrs are extreme remedies and are not to be enterprised unlesse their causes will beare out all manner of effects and consequences, whether personall or nationall, which may ensue. And what may not ensue, if either of the nations to whom we belong will comment upon our action in a state language? And how apt a time this is for misconstructions we cannot be ignorant. The spirit of warre is scholastick and jesuitical, traversing the very positions and principles, which peace hath held both dogmatical and irrefragable, even to the wonderment of rational men. We are informed that Daulnay desires our friendship, and we are inclined to believe that if it did as well become him to appeal to our judgment as it ill beseemes us to expect it, he would not refuse to cast himself upon our compromise.

2. Warres ought not to be undertaken without the counsell and command of the supreame authority, whence expeditions issue. It is not hard to say, the present reference betweene the kingdomes of England and France considered, that the subjects of the one ought not to wage warre against the other without a publick commission of [Page] state, unlesse it be in defence upon a sudden assault: Neither do we yet heare that La Tour himself hath any such commission for this his action; though if he had it were little to us. It is a rule observed amongst confederates, that during any league of peace betweene them, one friend may not ayd another against any part of his province, till that part be proscribed by the authority of a generall assembly whereof it is a member, and the confederates assured thereof in a state way. The breach of this rule is a breach of league. Publick actions of hostility worke farre and wide, having their national and confederal influences and consequences. The daggers we draw here may happly prove swords in Christendome for ought we know.

But this designe, whatever the cause was, seemed shy even of our New-English Counsel to warrant and guide it: How closely it concernes the peace and safety of the whole plantation may easily be conjectured, and how farre it declined the advice thereof in a representative course we are very sorry to consider or mention.

We dare not so much impeach the honour of the advisours as to think they would vaile the action with this, that they only permit and give way to volunteirs; for who knows not this to be a rule of state, that Not to forbid, when there is notice and power, is to bidd.

This were also to proclaime our weaknes, in prostrating our government to nothing; for who is ignorant that To permit voluntiers to issue out in ayd of a friend is never done without an act of state, where any state is?

Daulnay, nor France, are not so feeble in their intellectuals as to deeme it no act of state, when, upon consultation with some of our chiefe persons, our men are suffered, if not incouraged, to goe forth with our provision and munition upon the designe: We do therefore wonder that our people, having no warrant from authority, will, of their own heads, runne such a hazzard of their soules and lives, as can neither looke for any prayers or thankes for their good successe, nor any succours if it sares ill, and [Page] as it may fall out, rather call for the curses of their friends from whom they went, and of posterity yet unborne, and yet these poore men presume that if Daulnay should say, as the King of Egypt to Josiah, what have I to do with thee, thou King of Judah? I come not out against thee this day, but against the house with whome I have warre, or if they should shed innocent blood or feel their owne soules dropping suddenly into hell, they had their warrant from the Counsel and countenance of those upon whom they might and ought to confide. It were to be wished they had been taught the Germane proverb, which sayth, He that loseth his life in an unnecessary quarrel dyes the Devill's martyr. Had they had the voyces of the people with them, it had beene better than nothing; but that wind seemes to us to blow strong in the teeth of their voyage. We shall presume to propound these questions. 1. If Daulnay or France shall hereafter demand any of them from us as enemies, or murtherers, whether will our court protect or deliver them? 2. If any of the parents or wives shall require their lives at our hands, who shall answer them? 3. If any of their widdowes or children shall require sustenance, or any maimed souldier in this expedition call for maintenance, who shall give it them? or if taken captive and made slaves, who shall rescue or redeem them?

3. The ends of warre ought to be religious: What glory is intended hereby to God we see not, and how our peace shall hereby be settled we foresee not, but suspect it will rather be a beginning than an end of our troubles and feares, if we doe not wholly suppresse Daulnay, we may be sure of it. He is already very strong, and if our ships and munition fall into his hand, it will deminish from us, and incourage, exasperate and strengthen him.

If La Tour prevaile he is like to cavill with our men for some miscarriages, or we with him for non-payment. The passage of our ships to and from England hath hitherto beene quiet and safe, in regard of the French, but we cannot so expect it hereafter, if they shall meete with any of La Tours or Daulnayes special friends, or at least with [Page] the friends of such of them as we shall seeme to wrong. Bellum contra hostem non est suscipiendum cum periculo reipublicae, &c.

4. Undertakings of warrs ought to be probably feasable, but this seemes not soe to us. We learne out of the East, be an eye witnesse, that Daulnay is very strong, in artillery, men and munition, at land, and very well provided at sea, insomuch that some of the East have consulted to repayre to him in his ayd, least he should upon revenge annoy and ruine them; he is reported to be a valiant, prudent and experienced souldier and commander, and defendants have great advantages of assaylants, soe that, we feare, our sheep have hastned to their slaughter.

5. Lastly, The manner of enterprising warre calls for many rules, according to scripture and the custome of religious and ingenuous nations, as to summon and give warning before they strike: To heare what the defendant can pleade for the justice of his cause, to offer termes of peace with equal articles, and to give special cautionary commissions and commands how farre to persist in ayd, and when to desist; but we neither can send fitt men for such charges, nor can we prescribe such directions, without a professed imbarquing ourselves in the action; which, it seems, is wholly declined on our parts.

We therefore trouble you no further, only we itterate our protestation that we are and desire to be held cleare and innocent of this undertakeing, and

Your worships in all christian affection and services,

Richard Saltonstall,

Simon Bradstreet,

Samuel Simonds,

Nath. Warde,

Ez. Rogers,

Nath. Rogers,

John Norton.

5th, 14. 1643.

[Page]

Copy of a Letter from Mr. Endecott to Governor Winthrop, about the French.

Dearest Sir,

I Finde that your troubles are many, and especiallie about this French busines. The Lord in mercie support you. I am much grieved to heare what I heare; and I see more of the spirits of some men than ever I thought I should see. The Lord rebuke Satan. Sir, be of good comfort, I doubt not but our God that is in heaven will carry you above all the injuries of men; for I know you would not permitt any thinge, much less act in any thinge that might tend to the least damage of this people, and this I am assured of, that most of Gods people here about us are of the same minde. The rumours of the countrey, you know, they rise out of ignorance principallie, and much out of fears; wherefore, I pray you, let there be satisfaction given as soone as you convenientlie can, in the way you wrote me of; for I finde the spirits of of men in this countrie are too quick and forward. I cannot excuse myselfe, yet I blesse God, not to wronge you, but according to the information and light I received from you, I acted publiquelie so farre forth as to break downe all prejudices against yourselfe or the rest that advised with you. Our prayers here are publiquely and privately for a good issue of it, and that continually. I hope God will looke upon your sinceritie in mercie and will heare our requests.

I see no good use of such protestations as I heare of, but they may prove more dangerous than the French busines by farre, if our God hinder not. However, it will be of use (God directing) to make a holy use of it.

Touching my coming to Boston about the Dutch busines, I cannot see how it will be of any use: For the messenger cannot have a determinate answer till the generall court, and to morrow we have appointed many of the towne for the working of the fort, which, unless I be there, there will not any thing be done, and I received not your letter till this day after our lecture.

[Page]I conceive, if you doe any thing about Mr. Oateleys busines, that you also will be pleased to appoint some day and grant some summons to him, that hee may bring in his witnesses, that there may not be any just ground of exceptions given: For hee speakes as if hee were much wronged in all the testimonies taken against him, and that he can disprove them, &c.

Touching the note about Bushrode, I shall bring it with mee (God willing) the next court.

The Lord our good God be with you, to uphold you, and to continue you amongst us, to do yet further service, to whose grace I committ you.

Yours ever truelie to serve, Jo. Endecott.

Salem, 26. 5th mo. 1643.

The Governor's Answer to the Ipswich Letter about La Tour.

Gentlemen and beloved brethren,

IT is not unknowne to you, that (through the Lords gracious assistance) I have thankfully imbraced and submitted unto the wise and loveing advise and admonitions of any of my brethren; and truly it is still my desire so to doe: And this (I hope) may well stand (upon this present occasion) with the maintenance of what is good and righteous in our cause, about this French busines, and with that faithfulnes that is againe required of me towards you all, whom I love honour and reverence in the Lord. And though I have lately written to you about this matter, yet that which I have since received from you calls upon me for some addition and answer also; which I do not with any purpose to contend, but in discharge of my conscience and duty of my place, and let the Lord do what seemes good in his eyes.

The protestation, which was directed to myselfe first, but came to me through many hands (and so it seemes it [Page] was intended by you, being sent unsealed) was entertained of me as proceeding from your zealous care for the publick safety: But, considered in itselfe, it is an act of an exorbitant nature, out of rule, out of season, and of dangerous consequence. Such protestations are publique and judicial acts, and therefore must be warranted by some authority, which appears not in this. I know no law, order, custome or &c. that can give power to 3 assistants, by any such publick instrument, to contradict the proceedings of a greater number, the Governor also being one of them; and how it will consist with the obligation of a freeman is also considerable. Suppose now, 3 other assistants and so many elders should protest against your protestation, it would be of equal force, and as warrantable for ought I knowe. Againe, it comes not like Solomons apples of gold if plates of silver; it is consilium post factum: Whereas, if you had sent it in season, it might perchance have stopped those proceedings which you so much complaine against; whereas, at present (you know and may see) you do but beate the ayre, and strive for that which (you are sure) you cannot reach. It is also of dangerous consequence in these respects. 1. It may be a president for others to attempt the like in any case; for you take upon you the sole judgment of your owne act, and if others may have the like liberty, they may countenance their opposition to authority, as well in evill causes as in good. 2. It blowes a trumpet to division and dissention amongst ourselves, magistrates protesting against magistrates, elders against elders, blameing, condemning, exposeing brethren to the peoples curses, and casting them down to hell itselfe; and all this must be indured, while we walk after the light God affords us from his owne word, and the presidential acts of former times, and of our owne generall court (as will be expressed hereafter) whereas the way of God, and of order, and of peace, had beene to have referred your grievance to the generall court, and not by such an unwarrantable protestation and outcry against your brethren, to incite the people against them; whereof, if any evill [Page] effect should follow, your protestation of innocencie would afford you little comfort or defence. 3. This is the ready way to hasten upon us the evill so much feared: For if Daulnay understand our divisions to be such, as he is like to have a party amongst ourselves, (as you declare your intelligence to be) this may imboulden him to attempt that against us which, otherwise, he dared not have done. It is also against the rule of justice, your owne plea on Daulnays behalfe, for you passe sentence and publish it without calling us to answer: If may be one or two of you have accidentally heard us speake somewhat about it, but did you ever enquire of us, if we had any more to say for our selves, why judgment &c. For you will find we have more to say for our selves than you formerly heard, and it is a necessary consequence, if you had power to be our judges, you had the same to require our answer. I intreate you to call to mind that beaten rule of equity, Qui aliquid statuit parte inauditâ alterâ, &c. We are condemned in court, in country, by private tongues and by publick edict, and never asked, Why have you done this? and all this so carryed on, and unseasonably dispensed as no man can tell (nor do yourselves propound) what you would have, or how it may tend to any publick good or prevention of that great danger which you suppose to hang over us; except it may be conceived that, either Daulnay will be pacified with a protestation, or the people will be stirred up to sacrifice some of us to make their owne peace. You say, indeed, you will hereby be innocent of all the evill that may insue, &c. Amen, say I; but surely wise men will not believe that such a protestation will acquit you, either before God or men: No more than if one of the magistrates [...] court while a man is condemned, and after he is executed shall tender a protestation of his dissent from the sentence. And truly (brethren) you might have dealt a little more tenderly with us, for such saileings as you have apprehended in our counsells, being the fruite but of a few houres consultation; seeing yourselves, (upon so many weekes deliberation) could not [Page] free your owne acts from such miscarriage as you see your protestation, out of date and out of course, doth hould forth.

This I thought needfull to tender to your wise and christian consideration, concerning your protestation in generall: Somewhat I must say to your arguments, besides what may concerne them in my former writings. But, first, you may please to consider, that it cannot be denyed but that the Governor, assisted with some of the magistrates, may take order for such sudden affaires of the state as either need not, or cannot, stay the assembling of the general court; of which sort, we conceived this was (the reasons you may see in my former writing) and when, in such cases, we have proceeded according to our best skill and judgment, we are to be excused, and so it was wont to be: And the generall court seemes lately to have inlarged this trust, when, by the order of (4) 1641, it gives power, out of court, to any 3 magistrates to do that which may occasion a warre, with the Indians, as likely as this with the French: For they may give commission to any master to right himselfe upon the Indians, for his fugitive servant. By like authority it was that some of us disarmed the Indians and imprisoned some of them, upon the late suspicion: And although it was conceived to be full of danger, and proved troublesome and chargeable, yet wee were not reproved for it. Other instances might be brought, but in those times, indeed, when such protestations were not in use. Now, in this case of the French, wherein the onely doubt was, not whether wee should ingage ourselves in a warre with La Toure against Daulney, or not; for, we know that neither the magistrates nor the generall court it selfe could determine that,* but whether it were safer or more just and honourable for us to stop the course of God's providence, offering us opportunity to save a distressed neighbour, to weaken a dangerous enemy without our chardge or engagement, or to suffer it to go on freely in its owne course. Of these two we judged the last to be best, &c. And of this opinion some of us shall still be untill we see stronger arguments against it, than as yet we have met with.

[Page]Now for your arguments, (whereof some concerne the preceedings, others the consequences) I will passe by that of Jehosaphat as no parallel to our case; and see if I can free us from that of Prov. 26. And here it may be first observed, that he speaks of one that passeth by, viz. that had no calling or invitation to deale in it. But 2, I will shew that this strife betweene La Tour and Daulnay doth neerly concerne us: and first in point of duty, in that our distressed neighbour calls to us for help; a speciall providence of God and his owne good opinion of our charitableness, brought him to us, for some ends, and no other appearing to us, it was our duty to attend his; nor were we in this case to stand upon the justice of the quarrell betweene them, no more than Abraham did when Lot and the Sodomites were in present distresse; nor than any man would doe, if he saw his neighbour under foote and in danger to be killed, he would first rescue him from danger, ere he enquire of the cause. And how we might withould such helpe from La Tour which that providence which brought him hither, might here offer him in his apparent distresse and danger of utter ruine, I professe I see no warrant.

For cleareing of this point I desire you seriously to consider an argument or two. 1, He is either a neighbour or no neighbour. If he be not a neighbour, then is he in no relation to us by the second table, and then we may rob, beate, or kill him without breach of any commandment. But if he be a neighbour then must we do to him in his distresse, as we would have others do to us in ours. 2dly, If he be one of those ALL, to whom by the rule of the Apostle we must doe good (as he must needs be, if he be either of the houshould of faith or out of it) then that is the good we must do to him, which he hath most present neede of; and that we may not withould from him, when it is in our hands to give it him, Prov. 3.27. I pray you consider the place. 3dly, If my neighbours or mine enemies oxe be in that state as he cannot get to his place without my helpe, I must helpe him to his place, Exod. [Page] 23.4. much rather my neighbour himselfe; and therefore La Tour and his company being now before us in that condition, we ought to helpe him hence. These are plain and general rules and will not beare distinctions of protestant and papist: For the morall law being given to man by nature was given to him as man, not as man so and so qualifyed, and therefore when it requires duty from him, it requires it as from a man simply; and when it propounds man as an object of this duty, it propounds him also simply considered without distinction of good or bad, christian or heathen, &c. and our Saviour inforceth this by propounding the example of our heavenly father, who causeth the sun to shine upon the just and unjust, &c. and commands us to follow his example. And the gospell makes this difference only, that in question of priority, or necessity of neglect of one, the faithfull must be preferred. Therefore let us see something of like authority to dispense with these rules, or else we must conclude, that this (so farr as we deale in it) is a thing that concernes us. 2dly, As it concerns us in point of duty, so doth it also in point of danger. I have shewed in my former writing, how Daulnay hath dealt with us and our neighbours, when he was weak, what principles he is acted by, and what pretences he hath against us; and all histories teach us that the ambition and covetousnes of conquerours and spoylers, hath always increased with their power: And shall we not believe that Daulnay onely will be more calmed and moderated by accesse of 200 soldiers, and 4 or 5000l. yearely revenue: Let the latin proverb be attended as well us the Germaine, and that will tell us that res nostra agitur, paries cum proximus ardet. I may strengthen this concernment by a late Germaine history. When the bishop of Spiers had begun to raise a strong fortification upon his owne territories, the late Palatine of Rhine demolished it by force of armes in a time of peace, because it might be dangerous to him if warr should arise. And the Lacedemonians being in league with the Athenians (their owne city being unwalled) would not suffer the Athenians to [Page] wall theirs, because it concerned them in point of advantage. And it hath beene usual for the States of Europe to interpose in quarrells of their neighbour States, when they have concerned them but in point of danger onely. Now for your discourse about our distinction betweene commanding and not forbidding, let the distinction be rightly stated as it concerns our practise, and not as you would put upon us, and we hope it will hould so well, as neither the advisers nor the actors shall neede to be ashamed to owne it. We disclaime to have any hand in yielding leave to any of ours to go make warr upon Daulnay, but this we owne and no more, that we gave leave to such as could be hyred, &c. to accompany La Tour and to conduct him to his owne place. And such a permission at this (though it were a commission to this purpose) we stand still to maintaine is no undertaking of warr, nor act of hostility, but a meere liberty of commerce, and if any blood shed should follow upon it, it is accidentall and not depending uppon this as any cause of it. Nor is it any just provocation of warr, or any breach of peace, nor so accounted among civil states. I shall cleare it by an instance or two both private and public. If I have a neighbour within a few miles of me suspected to be a robber, if I send my servant to beate him and he doth so, I am a trespasser; if he kill him, I am a murderer. But if a traveller comes by and tells me that he hath a chardge about him, and he is afraid to goe alone on his journey for feare of such man, and desires me to let my servant go with him (if he be willing) though it may be dangerous to his life, and may also prove danger to mee or mine from such robber: And if the traveller be now sett upon by this robber and my servant kills him, we may both justify it.

I will give another instance. A merchant of Spaine being in London, by leave of the King of England, hires a London ship to transport him and his goods into Spaine; upon the way, a Holland man of war meetes and fights with him, and men are slaine on both sides, yet without any breach of peace on either side, or any act of hostility in [Page] the King of England, as it would have beene if he had granted a commission to assault the Hollander: So that you may see there is a wide difference betweene giveing commission to fight and giveing leave to be hyred to guard or transport. So as you must needs have beene mistaken in the right statinge of the distinction, or else I cannot conceive what your apprehensions should be of the English and Irish and Scottish, who in so greate numbers, for these many years, have served the States against the Spaniards, and the Spaniards against the States, the Swedes against the Emperor, and e contra, without any breach of the peace between those nations. But, admit such a permission were against a rule of state; yet, if that rule of state be against the rule of charity, it will not be hard to judge which must give place. I will conclude this argument with that which I touched in my former writing. That which is lawful for a private person to do, in the way of his calling, the magistrate (if he judge it expedient, or not hurtfull to the commonwealth) ought to furder, or not to hinder him in it. But it is lawful for the owners and masters of shipps, and is in the way of their calling, to be hyred by La Tour, to convey him to his rightfull habitation, and we judge it no way hurtfull but advantagious to this commonwealth; therefore we did well, according to the duty of our office, in yielding leave to them, and in not hindering them. And it is no sufficient plea against it, to say that we know not the justice of his cause; for that will not concerne us in this case (and yet we do know it in good measure) But if our shipps shall be opposed in their lawfull course, the justice of their cause will lye in that: As for example: A man travaileing in a waggon in England, and carrying his goods with him, his creditor sets upon the waggon to take his debtors goods from him by force, the waggoner may defend him and his goods, being now in his charge, without any respect to the former ingagement; for the justice of his cause ariseth upon another ground. Neither is there any need to send to Daulnay before they goe (no, though they went of purpose to fight with him) for besides divers [Page] examples in scripture to warrant the forbearance of it, the rule in Deut. 20.10. gives other direction: When thou comest neere to a city to fight against it, thou shalt send to offer peace, &c. This point being thus cleared, that we have not enterprised any warre in this our proceeding, all your complaints against us, and all your arguments tending that way do fall to the ground. This is not the case, neither are we the men, and therefore I shall not need to examine your reasons and allegations against such; nor am I willing to mention these passadges wherein our power seemes to be so much slighted. I dare not believe that you intended all that is held forth in them. I looke at your queries also as raised upon the same mistaken grounds, which being now cleared to you, you will easily resolve yourselves about them. And yet this I will propound to your consideration, which may be a full answer to them all in the most knotty construction, viz. If our brethren should erre in theire way and thereby bring them selves into distresse, yet (if we must pardon them upon their repentance) sure we may not desert them, nor hide our eyes from theire misery. If any of our confederates (through humane infirmity) should, against their covenant, bring a just warre upon themselves, yet if they call to us for helpe, and tender themselves to equall satisfaction, we must not leave them to destruction. No relation amongst men could stand or be usefull, if meere errour (which we are all continually subject to) might dissolve it, or obstruct the vitall spirit which should breathe in it.

Whereas you object that, in this permission, we make the state but a cypher: I answer, the state hath the same influence into this which it hath into other merchants voyages, by a general and implicit consent, which may be sufficient in so free a state as ours is; where there is no restraint upon persons or ships (but upon speciall occasion) they goe and come at their liberty.

Now for the point of danger. I conceive, first, the rule of the Apostle Peter will hould even in this case; while we do well we are not to be frighted with any terrour. Againe, there is no course or voyage undertaken by us, but [Page] it may expose the undertakers to perill, and may occasion displeasure and danger to us from abroad; but such dangers have not hitherto deterred us from any probable way of our safety or advantage; nor have we sustained any harme hitherto, by casting ourselves upon the Lord and his good providence, in such cases. I will remember you of some. When we first set up reformation in our church way, did not this expose us to as greate an hazard as we could run, both from abroad and at home? Did not our friends in England, many of them, forewarne us of it ere we came away? Did not others send letters after us, to deterre us from it? Did not some among ourselves (and those no meane ones) inculcate our inevitable dangers at home, from no small company left out of church fellowship, and civill offices, and freedome hitherto? Yet we trusted in God (though there appeared no meanes of safety) and went on our way; and the Lord hath still preserved us and frustrated all councells and attempts against us. Againe, when upon grievous complaints against us to the Lords of the Privy Counsel, of such civil innovations amongst us as we could not justify by the laws of that state, a strict order and command was sent to us to deliver up our patent, or else to expect to have it fetched by force, what greater danger could be towards us than appeared in not obeying of this command? Yet we had then courage enough to returne an answer without our patent. When we undertooke a warre against the Pequots, which no necessity put us upon, but only in point of conscience (they had done us no injury) on others behalfe, there were more objections (in point of dangerous consequences) against that, than against this; our friends of Plimouth complained of it, and wrote to us accordingly; so did our friends of Connecticot, laying forth the dangers we had exposed them unto by it, wishing we had forborne to a fitter season; but neither of them protesting against it: Yet, in due time, the Lords hand appeared in it, to the good of the whole country, and we felt but little of those great dangers which were justly to be feared. Our intelligence was believed, which we heard long since, and hath been more certainly [Page] confirmed of late, that the jesuitical State* have had an evil eye upon us, and not without cause (as themselves apprehend) and though we looke at this as the head of all forrein enmity, yet the Lord hath still saved us, and that without any great impression of feare upon our spirits. In the treaty about our confederacie, the doubtful construction of it in England, the danger from a General Governor (especially in regard of our brethren of Plimouth) the necessity of our being involved in the quarrel with the Dutch, on the behalfe of our brethren of Hartford, were taken notice of by the generall court and many of the elders, &c. yet neither would the court be deterred from entring into that brotherly league, nor were our elders or people troubled with feare of those dangers. And now, lately, when we received Pumham and Sawconoco in to our jurisdiction, the generall court considered how offensive it would be to the Naragansets, and so likely to ingage us in a warre with them; yet, the thing being lawful and expedient for us, and giving hope of opening a doore to the conversion of some of them, they would not let slipp the opportunity of such advantages, for the feare of doubtful dangers. More I might add: All amounts to this summe, the Lord hath brought us hither, through the swelling seas, through perills of pyrates, tempests, leakes, fires, rocks, sands, diseases, starvings, and hath here preserved us these many yeares from the displeasure of Princes, the envy and rage of Prelates, the malignant plots of Jesuits, the mutinous contentions of discontented persons, the open and secret attempts of barbarous Indians, the seditious and undermineing practises of hereticall false brethren; and is our confidence and courage all swallowed up in the feare of one D'aulnay? Admit we should have stepped aside out of our way, doth the favour and protection of our God wholely depend upon our perfect walking? Were we never out of our way before, under all our former mercies and deliverances? Did Abraham, [Page] Isaack, Jacob, David, Jehosaphat, the people of Israel, Judas, and others, never find protection and deliverance, when, by infirmity, they were found to be out of their way? If they did, why may not we still seeke and hope for the like, seeing the Lords mercies indure for ever? For my part (if there were not other sins, which God may have a controversie with us for) I should little feare any harme from this. If any breach were made in our peace, this is not the way to make it up. We may bring more displeasure and danger upon ourselves, by the divisions and breaches of rule which may be occasioned by our unseasonable striveings about that which is now past remedie, than would otherwise arise from any miscarriage in the busines it selfe, in the worst construction that can be made thereof.

The feare of man bringeth a snare; but he that trusteth in the Lord shall be safe. Prov. 29.24.

J. W. G.

Copy of a Letter from Mr. Simon Bradstreet to Governor Winthrop.

Right worthy Sir,

I Received, together with others, two letters from your selfe, concerning the French affaire, and had I not hoped that you should have receaved a finall answer from us longe before this tyme, I should not have been so longe silent, nor shewed soe much seeming neglect, but being now almost out of hope of accomplishing that which was intended, I thought meete to present you with these few lynes. Howe unpleasing it was to mee for to expresse my selfe by word or writeing contrary to the apprehension of your selfe and other friends, both godly and wise, whome I both love and honour, hee that is the searcher of hearts knoweth; and howe farr it was from my will [Page] or intent, when I sett my hand to that letter you receaved, to cast any dishonour upon your selfe or others, I hope in tyme you shall know and be fully persuaded of. The truth is, our ayding of Latour was very grievous to many hereabouts, the designe being feared to be unwarrantable by dyvers, as the case stands with us; of which number I confesse I was, and soe still remaine one, and though the business was soe farr proceeded in before wee writt the letter, as (for my parte) I had noe hope of stayeing the shippes, yet some of us thought it might be of good use to intimate that some cautions might be given to those that went, and they be strictly required to observe the same, that soe the undertaking myght be preserved from sinne and the common wealth from damage, soe much as the case was capable of, which cautions if refused, then to signifie under our hands, our not consenting to the proceeding, with our reasons thereof; but for any protestation against the act, condemning it, we never intended it, but frequently fully and expresly declined it, soe the sending the letter without those cautions and after the shippes were gone, concernes those to answer that did it, for my parte I was much troubled att it so soone as I heard of it. What errors may be found in our letter for matter or manner of expression (it being intended noe otherwise than I have expressed) I shall be farr from owneing or justifyeing when they shall appear; this I can truly say, wee were sollicitously carefull (according to the little tyme wee had) not to write any thing that might be matter of just offence, and I hope a favourable interpretation of words (our intention being rightly understoode) may free it from blame. Concerneing the arguments you alledge to warrant the designe, I shall forbear saying any thing att present, not haveing either of your letters by mee, but rather leave them to be answered by the elders, whoe it is likely will shortly visit you upon other accounts, and for my selfe I hope to waite upon you att the court, when wee may have opportunity to speak further about the same; and for those many heavy imputations, which your last letter [Page] chargeth us with, being chiefely grounded upon the tyme and manner of sending our letter (of which I had noe knowledge) I hope you will see cause to excuse mee of, as noe wayes discerning the same, soe humbly praying the God of love and peace to preserve us in peace and unity, and this whole plantation from wayes of sin and provocation, I remain

your worships unfeynedly to love and fear you in the Lord, Simon Bradstreet.

21st of 6th mo. 1643.

Copy of a Letter from Mr. Endecott to Governor Winthrop, about the Misdemeanors of Griffin's Company at Gloucester.

Dearest Sir,

I Heard nothing further of Glocester busines till the 3d day of this week at even, when I received a letter from Mr. Blinman, together with a complaint of the towne against Griffens companie for several misdemeanors. And at the foote of the complaint a referrence from yourselfe and 3 other magistrates to me, for the redresse of them. I therefore dispatched away a messenger betimes the next morning, with a letter to Mr. Griffen, that he would send me such of his men whose names I had underwritten his letter, to answer to the misdemeanors of sabbath-breaking, swearing and drunkennes: And withall I sent a letter with instructions to Mr. Blinman, with a warrant addressed to the constable. That if Mr. Griffen would not send his men, that the constable should attach their persons and bring them before mee: If they did resist or refuse, not to strive with them nor to use any provoking termes, but to take witnes of their carriadge and to returne mee an answer; which here I have sent you inclosed. I would have proceeded against them according to your former directions (to wit) with force; but I had rather, if you see good, trye first another way, which is, to send a prohibition, [Page] under your and divers of the magistrates hands besides, forbidding Mr. Steephens and the rest of the ship-carpenters there, or any where within this jurisdiction, upon some penaltie, not to worke a stroke of worke more upon Mr. Griffens ship till they had further order from the Governor, &c. I desire therefore to heare from you what you would have done. In the meane tyme, I have written away another letter to Mr. Griffen, wishing him to counsell his men (if he cannot command them) to submitt to authoritie, seeing they stand out to their owne loss and disadvantage. What his returne will be you shall heare assoone as I can send it.

I pray you, good Sir, let me be excused from coming to this court, for I am not fitted for winter journeys, and for such bad wayes as we must passe.

I want much to heare of your sonnes iron and steele. If the country will not be incouraged by so usefull a designe, to enlardge themselves for the advantage of it, I know not what will.

The Lord our good God in mercy keepe you and yours, to whose grace I committ you and rest

Yours truely and unfeignedly, Jo. Endecott.

Salem, 1. 10 mo. 1643.

I am glad to heare of your sonne Mr. Steevens safe returne, togeher with his beloved. I desire to be kindly remembred to them both.

Copy of a Letter from Mr. Endecott to Governor Winthrop.

Dearest Sir,

I must needs acknowledge I was somewhat grieved when I heard of Haddock's cariadge to yourselfe, and Mr. Paynes staying aboard that they could not be commanded ashore upon any occasion. I thought then of Castle Island that it would be of good use to controle such fellowes: [Page] But to be any strength to your towne or countrie I cannot see it. I veriely think that the country will be verie willing that there may be a fort there, built at the chardges of the townes thereabouts: And to understand their willingness or consent to it, I think it may be done by what is propounded, viz. to send to the magistrates and deputies, or, if you see good, to the magistrates and deputies of the several shires, who may easily come together without any chardge to the countrie. We have, here in Essex, appointed a day to meet at Salem, viz. the 22d of the next month, to consider of some thinge for the common wealth, according to an order of court. Now then I think it will be soone enough to send in our counsell or consent therein, seeing little can be done to the work in the meane tyme.

I heare you have great sights upon the water seen betweene the castle and the towne; men walking on the water in the night ever since the shippe was blown up, or fire in the shape of men. There are verie few doe believe it, yet here is a great report of it brought from thence the last day of the week.

The maid* is now going along with us to Orchard,† where your sonne shall be heartilie welcome.

I am glad that the Mohawks newes is false. The Lord continue peace unto us if it be his blessed will, to whose grace I committ you, and ever rest your assured loving

friend and servant, Jo. Endecott.

29 of mo. 11. 1643.

Copy of a Letter from Sir William Berkeley, Governor of Virginia, to the Governour of New-England, about Mr. Chew's Servants.

Worthy Sir,

HAving received intelligence and complaint from Mr. John Chew, merchant, that certaine of his servants being run away about May 1643, and are now resident [Page] in your collony of New-England, I desire you will please to assist this Gentleman, the bearer, in the regaining of them by all possible means that may be, it being but an accustomed favour reciprocally shown upon all occasions, eyther to other, in which at noe tyme we shall be defective as we expect the like from you; he hath made it appear in court they are his servants; their names are Walter Joy, William Woodhead, and Henry King, alias Eny, soe not doubting of your assistance herein I rest,

Your servant, William Berkely.

Virginia 12th June 1644.

Copy of a Letter from Sir Henry Vane* to Governor Winthrop.

Honoured Sir,

I Received yours by your sonne, and was unwilling to let him returne without telling you as much. The exercise and troubles which God is pleased to lay upon these kingdomes and the inhabitants in them, teaches us patience and forbearance one with another in some measure, though there be difference in our opinions, which makes me hope that, from the experience here, it may also be derived to yourselves, least while the congregationall way amongst you is in its freedom, and is backed with power, it teach its oppugners here to extirpate it and roote it out, from its owne principles and practice. I shall need say noe more knowing your sonne can acquaint you particularly with our affairs.

Sir

I am Your affectionate friend, and servant in Christ, H. Vane.

June 10. 1645.

Pray commend me kindly to your wife, Mr. Cotton and his wife, and the rest of my friends with you.

[Page]

A Declaration of former Passages and Proceedings betwixt the English and the Narrowgansetts, with theire Confederats, wherein the Grounds and Justice of the ensueing Warre are opened and cleared.

Published* by Order of the Commissioners of the United Colonies at Boston, the 11th of the 6th Month, 1645.

THE most considerable part of the English colonies professe they came into these parts of the world with desire to advance the kingdome of the Lord Jesus Christ, and to enjoy his precious ordinances with peace; and (to his praise they confesse) he hath not failed theire expectation hitherto, they have found safety, warmth and refreshing under his wings, to the satisfaction of theire soules. But they know and have considered that theire Lord and Master is King of righteousnes and peace, that he gives answerable lawes, and casts his subjects into such a mould and frame, that (in theire weake measure) they may hould forth his vertues in theire course and carriage, not onely with the nations of Europe, but with the barbarous natives of this wildernes. And accordingly, both in their treaties and converse, they have had an awfull respect to divine rules, endeavouring to walke uprightly and inoffensively, and in the middest of many injuries and insolencies, to exercise much patience and long suffrance towards them.

The Pequotts grew to an excesse of violence and outrage, and proudly turned aside from all wayes of justice and peace, before the sword was drawne or any hostile attempts made against them. During those warres, and after the Pequotts were subdued, the English colonies were carefull to continue and establish peace with the rest of the Indians, both for the present and for posterity, as by severall treatyes with the Narrowganset and Mohiggin Sagamores may appeare. Which treaties, for a while, [Page] were in some good measure duely observed by all the Indians; but, of late, the Narrowgansets, and especially the Nyanticks theire confederats, have many wayes injuriously broken and violated the same, by intertaineing and keeping amongst them, not onely many of the Pequot nation, but such of them as have had theire hands in the blood and murther of the English, seizing and possessing at least a part of the Pequot country; which, by right of conquest, appertaines to the English; by allowing or harbouring and withhoulding severall Pequot captives fled from the English, and making proud and insolent returnes when they were redemanded. And, more lately, the English had manie strong and concurrent Indian testimonies from Long Island, Uncoway, Hartford, Kinnibeck, and other parts, of Miantonimoes ambitious designes, travelling through all the plantations of the neighbouring Indians, and, by promises and gifts, labouring to make himselfe their universal Sagamore or commander, persuadeing and engageing them, at once, to cut off the whole bodie of the English in those parts. Which treacherous plotts were confirmed by the Indians generall preparations in messages, insolencies and outrages against the English and such Indians as were subjects or friends to them; so that the English colonies, to theire greate charge and damage, were forced to arme, to keep strong watch, day and night, and some of them to travell with convoyes from one plantation to another, and when Miantonimo, in his circular travell, was questioned at Newhaven concerneing these things, instead of other and better satisfaction, he threatned to cutt off any Indians head that should lay such a charge upon him to his face.

The commissioners, by the premisses, observed Miantonimoes proud and treacherous disposition, yet thought not fitt to proceed against him in that respect, till they had collected more legall and convinceing proose.

But while these things were under deliberation, Miantonimo was brought prisoner by Uncas to Hartford, and the case being opened and cleared as followeth, he craved the commissioners advise how to proceed with him.

[Page]It appeared that in a treatie made with the English, at the Massachusetts Anno 1637, Miantonimo engaged himselfe not to fight with any of the Indians, and particularly not to invade Uncas without the English consent; and after in a tripartite agreement made and concluded at Hartford betwixt Miantonimo and Uncas with reference to the English, Anno 1638, in which one of the articles runns, That though either of the said Indian Sagamores should receive injury from the other, yet neither of them shall make or begin warre, untill they had appealed to the English, and till their grievances were first heard and determined, and if either of them should refuse, the English might assist against, and compell the refuseing and obstinate partie.

Notwithstanding which, Miantonimo and his confederates have both forcibly and openly plotted and practised against the life of Uncas not at all acquainting the English or advising with them; but more especially of late, since the forementioned plotts and designes were in hand.

First, a Pequott Indian, one of Uncas his subjects, in the spring 1643, ayming at Uncas life, shot him with an arrow through the arme, and presently fled to the Narrowgansetts or their confederates, boasting in the Indian plantations that he had killed Uncas. But when it was known that Uncas (though wounded) was alive, the Pequot (taught as was supposed) changed his note, affirming that Uncas had cut through his owne arme with a flint, and had hired him to say he had shott and killed him.

Miantonimo, being sent for by the governour of the Massachusetts upon another occasion, brought this Pequott with him and would have covered him with the former disguise, but when the English, out of his own mouth, found him guilty and would have sent him to Uncas his Sagamore, Miantonimo earnestly desired he might not be taken out of his hands, promising he would send him safe to Uncas to be examined and punished.

But feareing (as it seems) his own treachery would be discovered in a day or twoe, he stopped the Pequotts mouth by cutting off his heade; but at parting he tould [Page] the governour in discontent that he would come no more to Boston.

After this some attempts were made (as is reported) to take away Uncas life by poyson, and by forcery; these faileing, some of Sequassons companie (an Indian Sagamore allyed unto and an intimate confederate with Miantonimo) shott at Uncas, with an arrow or two, as he was goeing downe Connecticut river.

Uncas, according to the forementioned treatie (1638) complained, and the English, by mediation, sought to make peace, but Sequasson expressing his dependance on Miantonimo refused, and chose warre. They fought and Uncas had the victory.

Lastly, Miantonimo, without any provocation from Uncas (unless the disappointment of former plotts provoked) and suddenly, without denouncing warre, came upon the Moheggins with 900 or 1000 men, when Uncas had not halfe so many to defend himselfe. Uncas, before the battle, tould Miantonimo that he had many wayes sought his life, and for the sparing of bloud offered by a single combate betwixt themselves to end the quarrell. But Miantonimo presuming upon his number of men, would have nothing but a battle. The issue fell contrary to expectation, his men were routed, divers of considerable note slaine, and himselfe taken prisoner.

These things being duely weighed, the commissioners judged that Uncas could not be safe while Miantonimo lived: Wherefore, they thought he might justly put such a treacherous and blood-thirsty enemy to death; but advised him to doe it in his owne jurisdiction, without torture or cruelty.*

And Uncas, having hitherto shewed himselfe a friend to the English, and in this and former outrages (according to the treatie) craveing theire advise, if the Narrowgansetts or their confederates should, for his just execution, unjustly assault him, the commissioners for the colonies promised to assist and protect him.

[Page]Uncas hereupon slew an ennemie, but not the enmity against him. The Narrowgansetts soon fell to new contrivements. They pretended they had payd a ransome for theire Sachems life, and gave in particulars to the value of about fourty pounds. This, for a while, call an imputation of foule and unjust dealing upon Uncas: But, in September 1644, the English commissioners, meeting at Hartford, sent for the Narrowgansett Sachems, or theire deputies, desireing they might be instructed to make good theire charge.

Uncas came himselfe; they sent theire deputies. But after due examination it appeared, though some loose discourse had passed that, for such quantities of waompum and such parcells of other goods, to a greate value, there might have been some probability of spareing his life, yet no such parcells were brought, and the Narrowgansett deputies did not alledge, much lesse prove, that any ransome was agreed, nor so much as any serious treatie begun to redeeme theire imprisoned Sachem; and as for the waompum and goods sent, as they were but small parcells, and scarce considerable for such a purpose, so they were disposed of by Miantonimo himselfe, to sundry persons, for curtesies received during his imprisonment, and upon hope of further favour.

The Narrowgansett deputies saw theire proofes fell farre short of former pretences, and were silent. The commissioners promised that, upon better evidence hereafter, they should have due satisfaction.

Whereupon a truce was made, and both parties were ingaged that all hostility should cease till planting time 1645, and after that they would give thirty dayes warning either at the Massachusetts or Hartford before the truce should cease. Yet in February last, the Narrowgansetts by messengers sent to Boston, declared that unless Uncas would render 160 fadom of waompum, or come to a new heareing within six weekes they would begin the warre.

This crossed the former agreement, and the season was such that neither the commissioners could be advised with, nor could Uncas travel if notice had been given. After which about or before planting time Tantaqueison a Mohegin [Page] captaine who took Miantonimo prisoner was dangerously and treacherously wounded, at night, as he slept in his wigwam, and other hostile arts were on both parts attempted in a private and underhand way, as they could take advantage one against the other.

But since the Narrowgansetts have at several times openly invaded Uncas so that Connecticut and New-Haven were forced, according to ingagement, to send men from those colonies for his present defence, but with expresse direction not to begin any offensive warre against the Narrowgansetts or their confederates till further order.

In the mean time, messengers were sent to the Narrowgansetts from the generall court in the Massachusetts signifyeing the commissioners meeteing, promising their grievances should be fully and justly heard; and requiring a cessation of warre in the meane time, but they refused; and heareing, probably, that the English from the Westerne colonies were returned, they made a new assault upon Uncas, and have done him much hurt.

The commissioners being met sent messengers, the second time, both to the Narrowgansetts and Moheggin Indians, minding them of the former treatie and truce, desiring them to send their deputies instructed and furnished with authority to declare and open the grounds of the warr, to give and receive due satisfaction, and to restore and settle peace.

At first, the Narrowgansett Sachem gave a reasonable faire answer, that he would send guides with them to the Moheggins, and if Uncas permitted he would send his deputies to the commissioners, and, during eight dayes, hostility should cease; but he soone repented of his moderation, tould the English messengers his mind was changed, sent private instructions to the Nyantick Sachem, after the delivery of which there was nothing but proud and insolent passages; the Indian guides which the English messengers brought with them from Pumham and Soconoco, were by frownes and threatning speeches discouraged, and returned; no other guides could be obtained, though much pressed; they knew (as they expressed themselves) by the course held at Hartford the last yeare, that the commissioners [Page] would mediate and presse for peace, but they were resolved to have no peace without Uncas his head, it mattered not who began the warre, they were resolved to continue it; the English should withdrawe theire garrison from Uncas, or they would take it as a breach of former covenants, and would procure as many Moquakes* as the English should affront them with; that they would lay the English cattle on heapes as high as theire houses; that no English man should stepp out of his house to pisse, but he should be killed.

They reviled Uncas, charged him with cutting through his owne arme, and saying the Narrowgansetts had shott him; affirmed, that he would now murder the English messengers, as they went or returned, (if he had opportunity) and lay it upon the Narrowgansetts.

The English messengers, upon this rude and uncivill usage, wanting guides to proceed, and fearing danger, returned to the Narrowgansetts, acquainted Pesicus with the former passages, and desired guides from him, he (in scorne, as they apprehended it) offered them an ould Pequot squawe, but would afford no other guides. There also they conceived themselves to be in danger, three Indians with hatchets standing behind the interpreter in a suspicious manner, whilst he was speaking with Pesicus, and the rest frowneing and expressing much distemper in theire countenance and carriage. The English messengers, not hopeing for better successe at that time, departed; telling Pesicus, that if he would returne any other answer, he should send it to the English tradeing house, where they intended to lodge that night. In the morning, he invited them to returne, and promised them a guide to Uncas, but would grant no cessation of armes. When they came to Providence, they understood that, in their absence, a Narrowgansett Indian had been there, and faineing himselfe to be of Connecticot, spake in that dialect, but could not put off the Narrowgansett tone. He tould Benedict Arnolds wife (who well understands the Indian language) that the English messengers should not passe to the Moheggins; [Page] he knew they should have no guides, but should be destroyed in the woods, as they travelled towards Uncas.

Thus the English messengers returned, and the interpreter, under his hand and upon his oath, related the former passages, with others lesse materiall, more largely.

Mr. Williams, by the messengers, wrote to the commissioners, assureing them that the country would suddenly be all on fire, meaneing by warre; that, by strong reasons and arguments, he could convince any man thereof that was of another mind; that the Narrowgansetts had been with the plantations combined with Providence and had solemnly treated and settled a neutrality with them, which fully shewes their councells and resolutions for warre.

Thus while the commissioners, in care of the public peace, sought to quench the fire kindled amongst the Indians, these children of strife breath out threatnings, provocations and warre against the English themselves. So that unles they should dishonor and provoke God, by violating a just ingagement, and expose the colonies to contempt and danger from the Barbarians, they cannot but exercise force, when no other meanes will prevaile, to reduce the Narrowgansetts and theire confederates to a more just and sober temper.

The eyes of other Indians, under the protection of the Massachusetts and not at all ingaged in this quarrell, are (as they have expressed themselves to the English messengers) fastned upon the English with strict observation, in what manner and measure they provide for Uncas safety. If he perish, they will charge it upon them, who might have preserved him; and no Indians will trust the English, if they now breake ingagement, either in the present or succeeding generations. If Uncas be ruined in such a cause, they foresee theire heads, upon the next pretence, shall be delivered to the will of the Narrowgansetts, with whom therefore they shall be forced to comply as they may, for theire future safety, and the English may not trust an Indian in the whole country. The premisses being duely weighed, it clearely appeares that God calls the colonists to a warre.

[Page]The Naragansetts and theire confederates rest on their numbers, weapons and opportunities to doe mischief, and probably as of ould, Ashur, Amalek, and the Philistines, with others, did confederate against Israel, so Satan may stirre upp and combine many of his instruments against the churches of Christ: But their Redeemer is the Lord of Hoastes, the mighty one in battaile, all the shieldes of the earth are in his hands, he can save by few or by weake meanes, as well as by many and greate. In him they trust.

Conventio inter Johannem Endecott, Gubernatorem Massachusets in Nova Anglia, et reliquos Magistratus ibidem, et Dominum Marie, Delegatum Domini Aulnay, Militis, Gubernatoris et Deputatus Serenissimi Regis Galliae in Acadia, Provinciâ Novae Franciae, facta et firmata apud Boston in Massachusets praedictum, 8. Die Mensis 8. 1644.

DOMINUS Gubernator et reliqui Magistratus promittunt Domino Marie praedicto, quod illi et omnes Angli infra jurisdictionem Massachusets in Nova Anglia firmam pacem colent et servabunt cum Domino D'Aulnay, Gubernatore, &c. et omnibus Gallis sub potestate ejus in Acadia, &c. Et Dominus Marie promittit pro Domino D'Aulnay, quod ille et homines ejus firmam pacem servabunt, etiam cum Gubernatore et Magistratibus praedictis, et omnibus inhabitantibus in jurisdictione Massachusets praedicto. Et quod bene licebit omnibus hominibus, tam Gallis quam Anglis, mutua commercia exercere inter se; ita ut, si aliqua occasio offensionis acciderit, neuter eorum attentabit aliquid hostili modo contra alterum, nisi manifestatio et querela de injuria prius facta, ac satisfactione secundum aequitatem non praestita. Proviso semper, quod Dominus Gubernator et Magistratus praedicti non teneantur cohibere mercatores fuos commercia exercere cum navibus suis cum quibuscunque hominibus, sive Gallis sive [Page] aliis, ubicunque locorum degentibus. Proviso etiam, quod plena ratificatio et conclusio hujus conventionis ad proximum conventum Delegatorum Confaederatarum Coloniarum Novae Angliae deferatur, pro continuatione vel abrogatione ejusdem, et interim firma et inviolata manebit.

CONVENTIONE et articulis suprascriptis a Delegatis Confaederatarum Coloniarum Novae Angliae praelectis et matura consideratione eorum habitis, cum in animis eorum semper fuerit, ut pax firma et perpetua inter omnes Anglos et propinquos eorum universos instaurata maneret: Ita ut unusquisque communem omnium intentionem incultae hujus regionis in usum humani generis (qua ratione universa terra a Deo primò Adami filiis donata fuit) subigendae prosequatur, nec non ut barbaras has gentes, bonis moribus prius instructas, ad veri Dei et Domini nostri Jesu Christi cognitionem (Divino favente Numine) tandem perducamus, aequum et necessarium illis videtur, ut conventio et articuli praedicta (omnibus confaederatis Coloniis praedictis in illis unà comprehensis) confirmare debeant. Sed cum plurimae quaestiones et injuriae ex utraque parte et alligatae et objectae sint, Delegati easdem, opportuno tempore et loco exaudire et secundum justitiae normam componi, et interea pace a confederatis Novae Angliae Coloniis plene et firmiter, secundum conventionem praedictam, conservari volunt; ea lege, ut Dominus D'Aulnay eandem, chirographo suo signatam, confirmare etiam et observare velit. In quorum fidem et testimonium, Delegati praedicti chirographa sua praesentibus apposuerunt.

Datum Boston in Nova Anglia tertio die Septembris, Anno Domini 1645.

Geo. Fenwicke,

Edw. Hopkins,

Jo. Winthrop, Praeses,

Herbert Pelham,

Theoph. Eaton,

Stephen Goodyeare.

Tho. Prince,

John Browne,

[Page]

Commission and Instructions from the Commissioners of the united Colonies to Maj. Gibbons.

THE Commissioners of the united colonies of New-England being to appoint a commander in chiefe, over all such military forces as are to be sent forth and employed, not only in ayde of the Moheggin sachem, but also against the Narrowgansett and Nianticks and other their confederates, who in making warre upon Uncas the Moheggin sachem contrary to former treaties and agreements, are now become as well our enemies as his in regard of our engagement. The said commissioners having sufficient knowledge of the piety, courage, skill and discretion of you Major Edward Gibbones, doe hereby committ unto you the charge, conduct, command and government of all the said military forces, with all such armes, and ammunition, provisions and other appurtenances, with all officers thereto appointed, to be ordered managed and disposed of upon all occasions by yourselfe and your councell of warre, according to the course of military discipline, and according to such instructions as you shall receive from the said commissioners from the time of your setting forth in your march untill your returne, or sufficient discharge sent you from the same authority. You have power also hereby (with advise of your councell of warre) to use and execute martiall discipline upon all offenders and delinquents as occasion shall be, by fynes, corporall punishment, and capitall punishments also if need shall require. And all persons whatsoever employed under you in this service, are hereby required to yeeld due obedience and subjection to all your lawfull commands, according to the quality and power wherewith you are hereby invested. You have also power to command and order all such barkes and other vessels which are to be sett forth in the said service, with all seamen, souldiers, ammunition and provisions in them. And the said commissioners doe hereby constitute and appoint Capt. Myles Standish, Capt. John Mason, Capt. John Leverett, Lieut. Robert Seely (or such [Page] other as shall have chiefe command of the forces coming from New-Haven) Lieut. Humphry Atherton, and the rest of the Lieutenants under your command, to be your councell of warre, whereof yourselfe to be president, and to have a casting voyce; and you and your said councell or the greater number thereof, shall have power from tyme to tyme, as a councell of warre, to manage all affaires concerning the same, and to joyne to you any other discreet and able officer or officers to be of your said councell, as you see meete. You have also power hereby, upon any necessary occasion, to make new officers and to give them titles sutable to theire places.

Given under the hands of the said Commissioners at Boston in the Massachusetts, this 19th (6th) 1645.

Instructions for Sergeant Major Gibbones, commander in chiefe of our military forces, and for such as are joyned unto him in a councell of warr.

WHEREAS you Sergeant Major Edward Gibbones are appointed commander in chiefe of all such forces as are or shall be sent forth of the severall colonies, as by your commission bearinge the date of these presents doth more fully appeare, and whereas there is joyned to you by the same authority, as a councell of warre, divers of your chiefe officers, persons of approved worth and fidelity, as in the said commission they are more fully expressed: And whereas the cause and scope of this expedition is not onely to ayde the Moheggins, but to offend and invade the Narrowgansetts, Nyanticks, and other theire confederates, who, upon making warre upon Uncas the Moheggin Sachem, contrary to theire ingagements, are become as well our enemies as his: Yet it being the earnest desire of the commissioners, if it may be obtained with justice, honour and safety, to procure peace, rather than to prosecute warre; it is first commended to your good discretions to take any fitt occasion, or (if with safety you may without any considerable delay or danger to your proceedings) to use meanes to drawe on such a peace, [Page] which you have hereby power to treate and conclude, wherein you are to take due consideration of the charges the colonies have expended in the warre, which you may estimate by the numbers of men sent forth at several times, by their continuance abroad, with wages and provisions appertaineing. And of the damage which Uncas hath sustained since the warre began, wherein it were meete (if it may be done with conveniency) he were consulted with, that both the colonies and he may receive just satisfaction and repaire; which if the Narrowgansetts cannot presently make, a considerable part may be paid in hand, and the rest by a yearely tribute; but withall, according to our ingagements, you are to provide for Uncas his future safety, that his plantations be not invaded, that his men and squawes may attend their planting, fishing and other occasions, without feare or injury; and that Osswomekin, Pumham, Soconoco, Cutchamekin, and other Indians, friends or subjects to the English, be not molested, which will disturb the peace and draw on further charge and inconvenience. But a peace well framed will hardly be secured, unless either some of the chiefe Sachems deliver their soones as hostages, or that some considerable part of theire country be yeelded to the English for plantations, wherein there may be forts built by the English and maintained (at least in part) by a tribute from the Narrowgansetts, to secure the agreement. And it might probably conduce to the settling or preserving of peace, if a trade were settled betwixt the colonies and them; by which they might be supplied with necessaries, but peeces and powder kept backe, which other traders furnish them with. If you cannot conclude a peace with them, upon the termes above mentioned (to prevent greater inconvenience) you may abate somewhat of our charges, and of the damage Uncas hath sustained: But much care must be taken to secure both our and his future peace, which, if it may be done by raising forts and keeping garrisons in the Narrowgansett and Nyantick countries, at theire charge, though we require hostages as above, they may be restored when the fortifications are finished and [Page] theire payments made; and the articles are to be agreed and confirmed by the commissioners for the united colonies at theire next meeting, otherwise to be of no force. But if peace may not be obtained in such a way as is before expressed, you are then with all prudent celerity to prosecute with force of armes the said Narrowgansetts and Nyanticks, and all such as shall assist them, until you may (through the Lords assistance) have subdued them or brought them to reason. And if the necessity of the service shall require a further ayde of men or provisions (be it one hundred, more or lesse) upon your letters of advise to the Governors of the severall colonies, supplies shall be speedily sent to you, according to the proportion agreed.

You are to make faire warres, without exercising cruelty, and not to put to death such as you shall take captive, if you can bestowe them without danger of your owne. You are to use your best indeavours to gaine the enemies canowes, or utterly to destroy them, and herein you may make good use of the Indians our confederates, as you may doe upon other occasions, having due regard to the honour of God, who is both our sword and shield, and to the distance which is to be observed betwixt Christians and Barbarians,* as well in warres as in other negociations. If you find any English stragglers, traders or others, whom you shall suspect to give intelligence or to furnish with armes and ammunition, or to give any other ayde to the enemy, you may secure them and send them to Boston. All other of our countrymen, carrying themselves peaceably and inoffensively, shall be in peace by you, and if you have occasion to make use of any of their boates or vessels, cattle, provision or other goods, you shall be very tender of endamaging them, and you shall give them a ticket whereby they may receive due satisfaction from the colonies, or some of them.

[Page]When you shall meete with the forces which come from the confederates of Plimouth, Connecticot and New-Haven, or any of them, yourselfe and the councell may order and dispose of them, into such bodies and under such of the commanders as you shall find to be most convenient, and most agreeable to the service, haveing care to give no just occasion of offence or discontent to any of the commanders or officers of any of the colonies.

We doubt not but yourselfe and your councell knowing well how precious the lives and healths of our men are among all our colonies, and how greate charge this warre is like to bring upon us, will be very careful in preserving and husbanding both to the best advantage; so as we shall not need to give you any instructions and directions about the same, but shall rest satisfyed in the confidence we have of your wisdome and faithfulnes to be improved, through the Lords assistance and blessing upon you, in this service, for his owne glory and his peoples safety and prosperity in this wildernes.

If the enemy flie, so that you cannot come to fight with him, it may be expedient that you build one or more fortifications in the most convenient places of the Narrowganset or Nyantick countries, into which you may by the helpe of the Indians our friends, gather and preserve the enemies corne and other goods for the advantage of the service.

Lastly, (yet above all the rest) we commend to your christian care the upholding of the worship of God in your armie, and to keepe such watch over the conversation of all those under your charge, as all prophaneness, impiety, abuse of the sacred name of God, luxury, and other disorders may he avoyded or duly punished, that the Lord may be pleased to goe forth before you, and prosper all your proceedings and returne you to us in peace, which we shall dailie pray for.

Boston the 19th (6) 1645.

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Copy of a Letter from Mr. Edward Winslow to Governor Winthrop.

Honored Sir,

YOURS I long since received in answer of my request in behalf of my friend Mr. Sherley and thanke you for your readines herein. Sir, I had written to you long since, but the truth is I could neither have content in silence or writing, by reason of some unworthy passages in our last generall court, to the great offence of our Governor Mr. Prence, myselfe, and sundry others. In the middle of October we had two courts successively, the first being the last session of our election court, the other our ordinary quarter court, and both generall courts. Before either of these two, at a court of assistants, other things giving opportunity, the Governor, Mr. Collier, Capt. Standish, and myselfe being there, took into consideration a matter of great concernment, as we apprehended, and agreed mutually in the thing as necessary to propound it to the generall court, which was the last session of our election court: Accordingly it was propounded, and after a whole daies agitation it was allowed and entred in the waste booke, there being but one deputy against it, and he not direct; save onely, as he thought, it did not properly concerne that court. The next weeke, being in course another of our generall courts, came more of our magistrates that live remote and were not with us either at the court of assistants or the foregoing generall court, where this act was done; And after a tumultuous manner excepted against the entry of that order, as pernicious and destructive to the weale of the government, with very many unseemly termes concerning others, &c. which exception of his was strengthned by 3 other magistrates, one whereof had joyned with us twice before and now against his own act, bat made beforehand by the first excepter as well as the other two and many of the deputies: They cried [Page] out to have it defaced and crossed. The Governor Mr. Prence, and myselfe, would not allow it, or any other act, (Mr. Collier being absent to our greefe) to be defaced; but if hereafter it should be found prejudiciall, it might be repealed by another act, but not otherwise. In briefe (for I am ashamed to mention particulars, especially to write them) a promise was made that it should rest till the next generall court and nothing be done in it: And then, when court and country had duly thought of it, if they thought meet to repeale it they might. After this, the first excepter having been observed to tender the view of a scroule from man to man, it came at length to be tendered to my selfe, and withall, said he, it may be you will not like this. Having read it, I told him I utterly abhorred it as such as would make us odious to all christian commonweales: But at length he told the Governor he had a written proposition to be propounded to the court, which he desired the court to take into consideration, and according to order, if thought meet, to be allowed: To this the deputies were most made beforehand, and the other three assistants, who applauded it as their Diana; and the sum of it was, To allow and maintaine full and free tollerance of religion to all men that would preserve the civill peace and submit unto government; and there was no limitation or exception against Turke, Jew, Papist, Arian, Socinian, Nicholaytan, Familist, or any other &c. But our Governor and divers of us having expressed the sad consequences would follow, especially myselfe and Mr. Prence, yet notwithstanding it was required, according to order, to be voted: But the Governor would not suffer it to come to vote, as being that indeed would eate out the power of godlines, &c.

By this you may see that all the troubles of N. E. are not at the Massachusets. The Lord in mercy looke upon us, and allay this spirit of division that is creeping in amongst us. You would have admired to have seen how sweet this carrion relished to the pallate of most of the deputies! What will be the issue of these things our all-ordering God onely knows. Only we know, without him [Page] it shall never be; and thats our greatest comfort: But if he have such a judgment for this place, I trust, we shall finde (I speake for many of us that groane under these things) a resting place amongst you for the soales of our feet.

I had not thought to have been so long; but if you have heard of the particulars and the persons, especially the ringleader of this rout (if a rout might be in a lawfull assembly) by this generall you may gather the more insight into the particulars. Thus, saluting you and all yours, desireing my due respects may be tendered to your Governor, Mr. Endecott, Mr. Pelham, Mr. Bellingham, Mr. Saltonstall, Mr. Nowell, Mr. Hibbins, and Mr. Flint, desireing your prayers, take leave and remaine,

Your ever loveing friend, Edw. Winslow.

24 (9th) 1645.

Copy of a Letter from Mr. James Parker* at Barbados, to Governor Winthrop.

Right Worshipfull,

I Cannot but out of that respect I owe your selfe presente my respects to you in these few lines, and to give you to understand how things are here with us; we gott well to this island of Barbados through grace; here I found greate respect since my coming both from the government and people, only sorry I have been to heare told me by the governour off this place what our reverend Mr. Dudley should publickly say concerning him. The man seems to me to be wise, moderate in his way and temperate, orthodox in his judgment, and I hope godly, his natural temper is affable and not violente; this take from me as from one that will declare the truth, he would nourish and honour religion according to his light, only heresies (which this island abounds withall) he exposeth. [Page] A kind respective friend he hath beene to me, he saith he desires correspondencie with you off New-England, and many able to come hither, as by my letters may appeare; I may be mistaken, but love thinks noe ill and yet not blind.

I am here engaged to preach only for the present, the manner how I refer you to Mr. Wilson, to whome I have wrote and Mr. Cotton.

The island suites very well with my temper hitherto, through bountie, it is now and like to be very wealthy, full of sugar, cotton, indigo, and ginger, some have made this yeare off one acre off canes about 4000 weight of sugar ordinarily 3000. Much drought now oppresseth, and I wonder, in the eye off argument, at Gods greate patience to so profaine a people for swearing and drinking as the vulgar be. It must certenly, in my apprehension, be some strong hand must reforme them.

I would not be tedious to you. There hath this yeare beene brought over 3 commissions, one from the Earle of Warwicke and commissioners with him to command this government to profess themselves for the parliament, and to lay aside their neutralitie. But this they seem not to embrace, but have answered it thus, professing their willingness to be serviceable to the kingdome, their honour for the parliament, but their yet allegiance to the King, therefore desired to be spared a little till things be settled.

There were one other for libertie of conscience, that they have thus answered, that they are not unwilling not to press any mans conscience in matters of ceremonie, only in regard there are many sects that under pretence off libertie may take occasion to denie all ordinances, and so consequently the Lords day, therefore this they would require of all, to come to the publick preaching, and that shall be sufficient.

There is a 3d, and that is to call the Governor and some off the Councill into question for some pretended acts off injustice here past. And these things to be examined by inferiour persons here, and that not off the best in matter of opinion, and that seems to exasperate.

[Page]For soe much, if I should be demanded how I thinke things will goe here, I would say, I am afrayde when I consider off the profaness off the place, and the divisions that are here and like to be, soe much I certainly would say, had not a man greater arguments to carrie hither and here, for the present, to stay him than temporalls, he would faile. How oft have I thought in my hearte, oh howe happie are New England people!

Not only thus, but even in respect off temporalls, for the common people, that have but meane estates, are very meane in respect of provisions, little flesh if any, noe bread but casader, a bread I approve not off; though its true the rich live high.

The country to my sense is not very hott, but that which I like well off; and a man with about 200 off pounds, in an ordinarie way off providence, might quickly gaine an estate by sugar, which thrives wonderfully.

Capt. Middleton, master off the Parimour, is here like to settle, as he tells me, your youngest sonne wente from New England with him into the Straits.

I cease to write any newes out off Old England, because I heare Capt. Leverate came out with theese ships here. Only we heare sayd the King defended Scotland with 600 horse and were defeated and 2 or 300 cutt off. We heare he is come to the citie, but noe certaintie off that.

I have yet sente for my wife to me, in the midst off theefe greate distractions, I shall be glad to heare from yourselff. Sorry I am that I have not to express my dear engagement to your person. Whether I shall returne for New England I know not. Only this, I thinke I shall, and I pray New England may not forgett your greate labour there and your service amongst them. The desires of my hearte, as formerly, stille be for yourselfe and familie. And if ever any off yours fall within my abilitie, I much mistake myselfe if my respect should not appeare. Thus, begging your helpe at the throne off grace for me, in the midst off this greate profainess I am amongst and greate heresie, with my service and respect to [Page] your beloved, with the gentlemen your sonnes, Mr. Dudley and the rest, Major Gibbins.

I yet remaine, yours to my utmost services, J. Parker.

Barbados, 24. 4th, 46.

Copy of a Letter from Mr. John Endecott to Governor Winthrop.

Dearest Sir,

I Understand by Mr. Downing, that you have received letters from Mons. D'Aulney, and that hee will send to us about the 7th month. I could wish, if you see it good, that the commissioners were acquainted with it, I meane of the several provinces, and moved (if they see good) to be here, because I desire they may be as throughlie ingaged in what is done or may be concluded as our selves. If you intend to call a general court now, it will be in the middest of all our occasions, and the countrie will much suffer in it. If it be any tyme before D'Aulney's messenger comes to us, it will be well enough as farre as I can conceave, an if it were just at the tyme it would be the better, but I [...] that as uncertaine, unlesse hee hath appointed a certayne time, but I leave all to your better considerations. I humbly thank you for all the news you have [...] us at severall tymes; we finde here the hand of God much upon severall mens grayne by caterpillers, which threaten a dearth. The Lord fitt us for what he shall call us unto. To whose blessing I commend you and all yours, and rest,

Yours unfeygnedly, Jo. Endecott.

9th 5 mo. 1746.

My wife desires to have her service remembred to Mrs. Winthrop.

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Copy of a Letter from Mr. Steven Painter* to Governour Winthrop.

Sumers Islands this 24th of August 1646.

Much Honoured Sir,

THE Lord having clothed you with power to be ruler over his Israell, besides those gifts and graces which doe abounde in you as a maine pillar in his house, and you also doe desire that justice may be administred to all men, causeth me to present you with these few lines in the behalfe of the right honorable Earle of Warwicke, whose agent I am, that you wolde be pleased to afourde your best assistance to Major Gibbins, for the recovery of my lords right of those two ships which Captain Cromwell hath brought to you, unto whom I have sent a copy of my lords commission and a letter of aturney to inable him thereunto, soe nothing doubting of your worships favourable assistance I humbly take leave,

Yours in all christian servis, ever to be commanded, Steven Painter.

Copy of a Letter from Mr. John Humfrey to Governour Winthrop.

Honoured Sir,

ALthough I have not occasion to be troublesome unto you as formerly in point of my successless occasions, yet can I not be wanting to the acknowledgment of anie of those favours I formerly found from you. It is true the want of that lost occasion (the losse of all I had in the world) doth upon rubbings of that irreparable blow, some times a little trouble me, but in no respect equal to this, that I see my hopes and possibilities of ever enjoying those [Page] I did and was readie to suffer anie thing for utterly taken away. But by what intermediate hande soever this is befallen me (whose neglects and unkindness God I hope will mind them for their good yet I desire to looke at his hand for good (I doubt not) to me, though I doe not so fullie see which way it may work. His fatherly administrations have hitherto beene gracious, and I trust his goodness and loving kindness will follow me all my dayes according to his owne free covenant upon which I desire to cast myselfe. Sir I thank you againe and againe (and that in sinceritie) for any fruites of your goodness to me or mine, and for any thing contrarie, I blesse his name I labour to forget, and desire him to pardon. For anie thing from hence, I know you will have it from those who have more abilitie and libertie to satisfie themselves and their friends in these kinds; knowing myselfe unfitt to give these advertisements which the state of things in your relations to us require. Therefore with my service and best respects to good Mrs. Winthrop and yourselfe, Rev. Mr. Cotton, Mr. Willson with theirs, yours and all our precious friends I rest,

Your (more willing than able to serve you) poore friend and servant. Jo. Humfrey.*

If now you have anie service to command me, you shall find me readie to serve you, and therein it will it appeare I serve not myselfe, the occasion of that suspicion being taken away, and farewell it.

Gravesend, Sept. 4th, 1646.

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AN ABSTRACT OF THE LAWS OF NEW ENGLAND.*

CHAPT. I. Of Magistrates.

I. All the Magistrates are to be chosen

1. By the free Burgesses.

Deut. 1.13. Deut. 17.15. Jere. 30.21. Deut. 1.18.

2. Out of the free Burgesses.

3. Out of the ablest men and most approved among them.

4. Out of the rank of noblemen or gentlemen amongst them,

Exod. 18.21.

the best that God sendeth into the country,

Ecclesiasticus 11.17.

if they be qualifyed with gifts fitt for government,

Jer. 30.21.

either eminent above others or not inferiour to others.

[Page]II. The Governor hath joynt power with the Assistants to governe the whole country, according to the lawes established hereafter mentioned: He hath power of himselfe, and in his absence the deputy Governor, to moderate all publique actions of the common wealth.

1. As first,Josh. 24.1. he sends out warrants for the calling of the general courts (except that of elections)

2. To order and transact all actions in the courte where he sitteth, as to gather suffrages and votes, and to pronounce sentence according to the greater parte of them.

III. The power of the governour with the rest of the councellours is:Nu. 11 to 16.

1.Exo. 18.22. To consult and provide for the maintenance of the state and people.

2. To direct in all hard matters wherein appeale is made to them from inferior courts.Deu. 17.89.

3. To preserve religion.Exo. 32.27. and 25.40.

4. To oversee the sortes and munition of the country,2 Chr. 19.11. 2 Kin. 20.13. 2 Chr. 32.21. &c. and to take order for the protection of the country from forraigne invasion or intestine sedition, and as need shall require, with consent of the people, to enterprise warrs.

IV. And because these great affaires of the state cannot well and sufficiently be attended,Exo. 17.9. Pro. 24.6. 1 Kin. 12.6. Pro. 28.2. Exo. 18.22. nor wisely administred, if they be often changed, therefore the councellors ought to be chosen for life,* unlesse they give just cause of removall, which if they doe, then they to be removed by the generall court.

V. The power of the Governour sitting with the Councellors and Assistants,Deu. 1.16.17. is to hear and determine all causes, whether civill or criminall, which are brought before him, through the whole commonwealth, yet reserving liberty of appeale from him to the generall courte.

[Page]VI. Every towne is to have judges within themselves, whose power shall be once in the month, or in three months at the furthest,Deut. 16.18 Exo. 18.21 22 to heare and determine civill causes and pleas of lesse values, and crimes also which are not capitall, yet reserving liberty of appeale to the courte of Governor and Assistants.

VII. For the better expedition and execution of justice, and of all affaires incident unto every courte, every courte shall have certaine officers,Jer. 36.10, 11, and 12. 2 Sam. 20.24, 25. as a secretary to inrolle all the acts of the courte and besides, ministers of justice to attach and fetch and set persons before the Magistrates, and also to execute the sentences of the courts upon offenders:John 7.32.45. Acts 5.26, and 27. And for the same end it shall be lawfull for the Governor, or any one or two of the Councellors or Assistants, or Judges, to give warrant to an officer to fetch the delinquent before them, and to examine the cause,Lev. 24.12. Num. 15.34. and if he be found culpable of crime, to take order, by sureties or safe custody, for his appearance at the courte.

And further, for the same end and to prevent the offenders lying long in prison, it shall be lawfull for the Governor, with one of the Councell, or any two of the Assistants, or Judges, to see execution done upon any offenders for any crime that is not capitall, according to the lawes established, yet still reserving a liberty of appeale from them to the courte, and from an inferior courte to an higher courte.

CHAPT. II. Of free Burgesses and free Inhabitants.

I. All the free burgesses, excepting such as were admitted free men before the establishment of churches in the country, shall be received and admitted out of the members of some or other of the churches in this country, [Page] such churches as are gathered or hereafter shall be gathered with the consent of other churches already established in the country, and such members as are admitted by their owne church unto the Lord's table.

II. Those free burgesses shall have power to choose in their owne townes sitt and able men out of themselves to be the ordinary judges of inferior causes in their owne towne; and against the approach of the general courte to choose two or three as their deputies and committees to joyne with the governor and assistants of the whole country to make up and constitute the generall courte.

III. This generall courte shall have power,

First, by the warrant of the governor, or deputy governor, to assemble once every quarter or halfe yeare,* or oftner, as the affairs of the country shall require, and to sit together till their affairs shall be dispatched.

Secondly, Call the governor and all the rest of the publique magistrates and officers unto place, and to call them also to account for the breach of any lawes established, or other misdemeanors and to censure them as the quality of their fault may require.

Thirdly, To make and repeale lawes.

Fourthly, To dispose of all the lands in the country and to assigne them to severall townes or persons as shall be thought fitt.

Fifthly, To impose a levy of moneys for the publique service of the common wealth, as shall be thought requisite for the provision and protection of the whole.

Sixthly, To heare and determine all causes whether civill or criminall wherein appeale shall be made unto them, or which they shall see cause to assume into their owne cognizance and judicature.

Seventhly, To assist the governor and councellors in the maintenance of the purity and unity of religion, and accordingly to sett forward and uphold all such good causes as shall be thought fitt for that end, by the advice and with the consent of the churches and to represse the contrary.

[Page]IV. In this generall courte nothing shall be concluded but with common consent of the greater parte of the governor and assistants, together with the greater parte of the deputies of the townes, unlesse it be in the election of officers where the liberty of the people is to be preserved, or in judging matters of offence against the law wherein both parties are to stand to the direction of the law.

V. All the housholders in every towne shall be accounted as the free inhabitants* of the country, and accordingly shall enjoy freedome of commerce and inheritance of such lands as the generall courte or the severall townes wherein they dwell shall allot unto them, and they shall take an oath or give other security to be true and faithfull to the state, and subject to the good and wholesome laws established in the country by the generall courte, when it shall be required of them.

CHAPT. III. Of the Protection and Provision of the Country.

I. A law to be made, if it be not made already, for the training of all men in the country fitt to beare armes unto the exercise of military discipline, and withall another law for the maintenance of military officers and fortes.

II. Because fish is the chiefe staple commodity of the country, therefore all due incouragement to be given unto such hands as shall sett forward the trade of fishing, and for that end a law to be made that whosoever shall apply themselves to sett forward the trade of fishing, as fishermen, mariners and shipwrights, shall be allowed man for man, some or other of the labourers of the country to plant and reape for them in the season of the yeare at the publique charges of the common wealth, for the space of these seaven yeares next ensuing, and such labourers to be appointed and paid by the treasurer of the common wealth.

III. Because noe common wealth can maintaine either their authority at home, or their honour and power abroad [Page] without a sufficient treasury, a law therefore to be made for the erecting and furnishing of the treasury of the common wealth, which is to be supplied and furnished.

1. By the yearly payment

1. Of a 1d. or ob. an acre of land occupied throughout the country: lands occupied in common by a towne to be paid for out of the stocke or treasury of the same towne.

2. Of a 1d. for every beast, horse or cow.

3. Of some proportionable rate upon merchants.

This rate to be great or lesse as shall be thought fitt.

2. By the payment of a barrell of gunpowder or such goods or other munitions out of every ship that bringeth forraigne commodities.

3. By fines and mulcts upon trespassers.

IV. A treasurer to be chosen by the free burgesses out of the Assistants, who shall receive and keepe the treasury, and make disbursements out of it according to the direction of the generall courte, or of the Governor and Councell, whereof they are to give an account at the generall courte. It shall pertayne also to the office of the treasurer diligently to survey and oversee all the munitions of the country, as cannons, culveringe, musketts, powder, match, bullets, and to give account thereof to the Governor and Councell.

V. A treasury also, or magazen, or storehouse, to be erected and furnished in every towne, as Deut. 14.28. distincte from the treasury of the church, that provisions of corne and other necessaries may be layd up at the best hands, for the reliefe of such poore as are not members of the church; and that out of it such officers may be maintayned, as captaines and the like, who doe any publique service for the towne: But, chiefely, this treasury will be requisite for the preserving of the livelihood of each towne within itselfe. That in case the inheritance of the lands that belonge to any towne come to be alienated from the townesmen, which may unavoydably fall out, yet a supply may be made to the livelihood of the towne by a [Page] reasonable rent charge upon such alienations, layd by the common consent of the land owners and townesmen, and to be payd into the treasury of the towne.

This Treasury to be supplied

1. By the yearely payment of some small rate upon acres of land.

2. By fines or amerciaments put upon trespassers beasts.

3. By a rent charge upon alienation of towne lands.

A towne treasurer to be appointed for the oversight and ordering of this treasury, chosen out of the free burgesses of the same town; who is to dispose of things under his charge according to the direction of the judges of the towne, and to give account at the townes courte, to the judges and free burgesses of the towne, or to some elected by them.

CHAPT. IV. Of the Right of Inheritance.

I. Forasmuch as the right of disposall of the inheritance of all lands in the country lyeth in the generall courte: whatsoever lands are given and assigned by the generall courte to any towne, or person, shall belong and remaine as right of inheritance to such townes, and their successors, and to such persons, and to their heires and assignes, as their propriety forever.

II. Whatsoever lands, belonging to any towne, shall be given and assigned by the towne, or by such officers therein as they shall appoint, unto any person, the same shall belong and remaine unto such person, and his heires and assignes, as his proper right forever.

III. In dividing of lands to the several persons in each towne, as regard is to be had partly to the number of persons in a family,Num. 26.53.54. to the more assigning the greater allotment, to the fewer lesse, and partly by the number of beasts,Num. 35.3. by the which a man is fitt to occupy the land assigned to him and subdue it; soe eminent [Page] respect in this case may be given to men of eminent quality and deserte, in assigning unto them more large and honourable accommodations in regard of their greater disbursments to publique charges.

IV. Forasmuch as all civill affaires are to be administred and ordered soe as may best conduce to the upholding and setting forwards of the worship of God in church fellowship, it is therefore ordered, that wheresoever the lands of any mans inheritance shall fall, yet noe man shall sett his dwelling house above the distance of half a myle, or a myle at the farthest, from the meeting house of the congregation, where the church doth usually assemble for the worship of God.Acts 1.12. *

V. Inheritances are to descend naturally to the next of the kinne,Numb. 27, [...] to 11. according to the law of nature delivered by God.

VI. If a man have more sonnes then one,Deut. 21.17. then a double portion to be assigned and bequeathed to the eldest sonne, according to the law of God,1 Chro. 5.1. unless his owne demerit doe deprive him of the dignity of his birthright. The like for personall estates.

VII. The will of the testator is to be approved or disallowed by the court of governor and assistants,Heb. 9.17. or by the court of judges in each towne,Gal. 3.15. yet not to be disallowed unlesse it appear either to be counterfeit or unequall, either against the law of God, or against the publique wealth, or against the due right of the legatees.

VIII. As God in old time in the common wealth of Israell forbad the alienation of lands from one tribe to another, soe to prevent the like inconvenience in the alienation of lands from one towne to another, it were requisite to be ordered.

[Page]1. That noe free burgesse or free inhabitant of any towne, shall sell the land allotted to him in the towne, but to some one or other of the free burgesses, or free inhabitants of the same towne, unless the free burgesses of the towne give consent unto such sale, or refuse to give a due price answerable to what others offer without fraude.

2. That if such lands be sold to any others, the sale shall be made with reservation of such a rent charge to be payd to the towne stocke, or treasury of the towne, as other the former occupiers of the land were wont to pay towards all the publique charges thereof, whether in church or towne,More or less as shall be thought fit. or at least after the rate of 3d. an acre, or some such like proportion.

3. That if any free burgesses or free inhabitants of any towne, or the heire of any of their lands shall remove their dwelling from one town to another, none of them shall carry away the whole benefit of the lands which they possessed in the townes whence they remove; but if they still keepe the right of inheritance in their owne hands, and not sell it, as before, then they shall reserve a like proportion or rent charge out of their lands to be payd to the publique treasury of the towne, as hath been wont to be payd out of it to the publique treasury of the towne and church, or at least after the rate of 3d. or 5d. an acre, as before.

4. That if the inheritance of a free burgesse or free inhabitant of any towne fall to his daughter, as it will doe for defect of heires males, that then if such daughter doe not marry to some of the inhabitants of the same towne where their inheritance lyeth, nor sell their inheritance to some of the same towne (as before) that then they reserve a like proportion of rent charge out of their lands to be payd to the publique treasury of the towne, as hath been wont to be payd out of them to the publique charges of the towne and church, or at least after the rate of 3d. or 5d. an acre. Provided allways that nothing be payd to the maintenance of the church out of the treasury of the [Page] church or towne, but by the free consent and direction of the free burgesses of the towne.*

CHAPT. V. Of Commerce.

I. It shall be lawful for the governor, with one or more of the councell, to appoint a reasonable rate of prises of all such commodities as are out of the shippes to be bought and sould in this country.

II. In trucking, or trading with the Indians, noe man shall give them for any commodity of their silver or gold, or any weapons of warre, either gunnes or gunpowder, nor swords nor any other munition which might come to be used against ourselves.

III. To the intent that all oppression in buying and selling may be avoyded, it shall be lawful for the judges in any towne, with the consent of the free burgesses, to appoint certaine select men to sett reasonable rates upon all commodities, and proportionably to limit the wages of workmen and labourers, and the rates agreed upon by them, and ratifyed by the judges to binde all the inhabitants of the towne, the like course to be taken by the governor and assistants, for the rating of prices throughout the country, and all to be confirmed, if need be, by the generall courte.

IV. Just waights and ballances to be kept betweene buyers and sellers,Lev. 19.35, 36. Prov. 11.1. and 15.11. and 20.10. and for default thereof, the profitt soe wickedly and corruptly gotten and gained, with as much more added thereto, is to be forfeited to the publique treasury of the common wealth.

V. If a man borrow ought of his neighbour upon a pledge,Deut. 24, 10, 11, 12, 13. the lender shall not make choice of what pledge he will have, nor take such a pledge as is of daylie necessary [Page] use unto the debtor, or if he doe take it he shall restore it againe the same day.Ex. 22.26, 27.

VI.Exo. 22.25, Lev. 25.35, 36. Noe interest to be taken of a poore brother or neighbour for any thing lent unto him.

VII. If borrowed goods be lost or hurt in the owners absence, the borrower is to make them good; but in the owners presence,Exo. 24.14, 15. wherein he seeth his goods noe otherwise used then with his consent, the borrower shall not make them good. If they were hired, the hire is to be payd and no more.

CHAPT. VI. Of Trespasses.

I. If a mans swine or any other beast, or a fire kindled by him break out into another mans field or corne, he shall make restitution both of the dammage done by them and of the losse of time which others have had in carrying such swine or beast unto the owners, or to the folde,Exo. 22.5.6. but if a man put his beast or swine into another mans field, restitution is to be made of the best of his owne, though it were much better than that which was destroyed or hurte.

II. If a man killes another mans beast, or digg or open a pitt, and leave it uncovered,Lev. 24.18. Exo. 21.34. and a beast fall into it, he that killed the beast and the owner of the pitt shall make restitution.

III. If one mans beast kill the beast of another,Exo. 21 35, and 36. the owner of the beast shall make restitution.

IV. If a mans oxe or other beast goares or bite and kill a man or a woman,Exo. 21.28, 29, 30, 31. whether childe or of riper age, the beast shall be killed and noe benefitt of the dead beast reserved to the owner; but if the oxe or beast were wont to push or bite in times past, and the owner hath been tould it, and hath not kept him in, then both the oxe or beast shall be forfeited and killed, and the owner also put to death, or [Page] else fined to pay what the judges and persons damnified shall lay upon him.

V.Ex. 22.7, 8, 9. If a man deliver goods to his neighbour to keepe and they be said to be lost or stollen from him,Ex. 22.10, 11, 12. the keeper of the goods shall be put to his oath touching his owne innocency, which if he take, and noe evidence appeare to the contrary, he shall be quitt. But if he be found false or unfaithfull, he shall pay double unto his neighbour: But if a man take hire for the goods committed to him, and they be stollen, the keeper shall make restitution, but if the beast so kept for hire, dye, or be hurte, or be driven away noe man seeing it, an oath shall be taken of the keeper that it was without his default, and it shall be accepted; but if the beast be torne in pieces, and a piece be brought for witnesse, it excuseth the keeper.

CHAPT. VII. Of Crimes.

And first of such as deserve capital punishment or cutting off from a mans people, whether by death or banishment.

I. Blasphemy, which is a cursing of God by atheisme, or the like,Lev. 24.15, 16. to be punished with death.

II. Idolatry to be punished with death.Deu. 13.1 to 11.

III. Witchcraft, which is fellowship by covenant with a familiare spirit,Lev. 20.6.27. to be punished with death.

IV. Consulters with witches not to be tolerated,Deut. 18.10, 11, 12. but either to be cut off by death or banishment, or other suitable punishment.

V. Heresy, or the maintenance of some wicked error overthrowing the foundation of christian religion, with obstinacy, if it be joyned with endeavour to seduce others thereunto,Lev. 20.27. Lev. 20.6. Zach. 13.3. to be punished with death, because such an hereticke noe lesse than an idolater seeketh to thrust the souls of men from the Lord their God.

[Page]VI. To worship God in a molten or graven image, to be punished with death.Exo. 32.27, 28.

VII. Such members of the church as doe willfully reject the will (after due admonition and conviction) of the churches established, and their christian admonition and censures, to be cut off by banishment, or punished by discretion of the court.

VIII. Whoever shall revile the religion and worship of God and the government of the church, as it is now established, to be cut off by banishment or punished by discretion of the court.

IX. Willfull perjury, whether before the judgment seate or in private conference, to be punished according to the quality of the offence; rash perjury, whether in publique or private, to be punished likewise. Just it is that such a mans name should be cut off from his people, who profaneth soe grosly the name of God before his people.

X. Profaning the Lords day in a carelesse or scornful neglect or contempt thereof,Num. 15.30, to 36. to be punished with death.

XI. To put (or practise the betraying) the country, or any principal forte therein into the hand of any forraigne state, Spanish, French, Dutch, or the like, contrary to the allegiance we owe and professe to our dread soveraigne lord king Charles, his heires and successors, whilest he is pleased to protect us as his loyal subjects, shall be punished with death.

XII. Unreverent and dishonourable carriage, in speech to, or concerning,Num. 12.11, 14, 15. our magistrates, to be punished with banishment for a time, till they acknowledge their fault, and prosesse reformation, according to the quality of the offence.

XIII. Reviling of the magistrates in highest ranke amongst us, to witt,Exo. 22.28. 1 Kin. 2.8, 9, 46. of the Governor and Councell, to be punished with death.

XIV. Rebellion, or sedition, or insurrection, by taking up armes against the present government established in the country,Nu. 16.1, 2, 3, 31, 32, 33. to be punished with death.

[Page]XV. Rebellious children,Deut. 21.18, 19, 20. Ex. 21.15, 17. Lev. 20.9. whether they continue in riott or drunkennesse, after due correction from their parents, or whether they curse or smite their parents, to be put to death.*

XVI. Murther,Ex. 21.12, 13. which is a willfull manslaughter, not in a mans necessary defence,Num. 35.16, 17, 18, 21 to 24.30 to 33. Gene. 9.6. Lev. 20.10. Deut. 22.22. nor casually committed, but out of hatred or cruelty, to be punished with death.

XVII. Adultery, which is the defyling of the marriage bed, to be punished with death.

XVIII. Defyling of a woman espoused, is a kind of adultery,Deut. 22.23, 24, 25, 26. and punishable by death of both parties, but if a woman be forced, then by the death of the man only.

XIX. Incest, which is the defiling of any that are neare of kinne within the degrees prohibited in Leviticus,Lev. 20.11, 12, 13, 14. & 19.20.21. to be punished with death; unnatural filthiness to be punished with death, whether sodomy, which is carnal fellowship of man with man, or of woman with woman; or buggery, which is carnall fellowship of man or woman with beasts or fowles.

XX. Pollution of a woman knowne to be in her flowers, to be punished with death.† Lev. 20.18,

XXI. Whoredome of a maid in her fathers house kept secret till after her marriage with another, to be punished with death.Deut. 22.20, 21.

XXII. Manstealing to be punished with death.Deut. 24, 7.

XXIII.Deut. 19.16.21. False witnes against life to be punished with death.

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CHAPT. VIII. Of other crimes less heinous, and such as are to be punished with some corporal punishment or fine.

I. First, rash and profane swearing and cursing to be punished,

1. With losse of honour, or office, if he be a magistrate, or officer; meet it is their names should be dishonoured who dishonour Gods name.

2. With losse of freedome.

3. With disability to give testimony.

4. With corporall punishment; either by stripes, or by branding him with an hot iron, or boaring through the tongue, who hath boared and pierced Gods name, or by fine.

II. Drunkennesse, as transforming Gods image into a beast is to be punished with the punishment of beasts, a whip for the horse,Prov. 26.3. and a rod for the fooles backe, is to be punished by the discretion of the court or magistrate.

III. Forcing of a maide, or a rape, is not to be punished with death by Gods laws, But,

1. With fine, or penalty to the father of the maid.

Deut. 22.17, 18. & 28, 29.

2. With marriage of the maid desiled, to wit, if she and her father consent.

3. With corporall punishment of stripes, for this wrong is a real slander, and it is worse to make a whore, than to say one is a whore.

IV. Fornication to be punished,

1. By marriage of the maid, or giving her a sufficient dowry.

Exo. 22, 16.

2. With stripes, though fewer, from the equity of the former case.

V. Maiming, or wounding of a freeman, whether free burgesse or free inhabitant,Ex. 21.18, 19. Lev. 24.19, 20. to to be punished with a fine, and to pay,

1. First for his cure.

2. For his losse.

And with losse of member for member, or some valuable recompence.

[Page]But if it be maiming or wounding of a servant,Ex. 21.26.27 the servant is to goe forth free from such a service, and the master further punished by discretion, &c.

VI. If a man steale a beast, and it be found in his hand, he shall make restitution two for one, if it be killed and sold,Ex. 22.1.4. restitution to be made of five oxen for one, of four sheepe, goats or swine, for one;Ex. 22.3. if the thief be not able to make restitution, then he to be sold by the magistrates for a servant, till by his labour he may make due restitution.

VII. If a thiefe be found breaking up a house by night, if he be slain his smiter is guiltlesse,Exo. 22.2, but in the day time the thiefe is to make full restitutution (as before) and further punished for his attempt &c. by discretion; or if he be not able, then to be sold as before.

VIII. Slanderers are to be punished,Deu. 22.17.18.

1. By a publicke acknowledgment, as the slander was publicke.

2. By mulcts or fine of money, when the slander bringeth damage.

3. By stripes, if the slander be grosse, and odious, against such persons whom a man ought to honour and cherish, whether they be his superiours, or in some degrees of equality with himselfe, as his wife, &c.

CHAPT. IX. Of the triall of causes, whether civill or criminall, and the execution of sentence.

I. In the triall of all causes, noe judgment shall passe,Deut. 19.4. and 17.6. but either upon confession of the party, or upon the testimony of two witnesses. Sufficient testimony.

II. Triall by jurors shall not be denyed, where either the delinquent requireth it in causes criminall, or the [Page] plaintiff or defendant in civill causes, partly to preserve the liberty of the people, and partly to prevent suspicion of partiality of any magistrates in the courte.

III. The jurors are not to be chosen by any magistrates or officers, but by the free burgesses of each towne, as can give best light to the causes dependant in courte, and who are least obnoxious to suspicion of partiality, and the jurors then chosen to be nominated to the courte, and to attend the service of the courte.

IV. The sentence of judgment, upon criminall causes and persons,Deut. 25.2. shall be executed in the presence of the magistrates or some one of them at least.

V. Noe freeman, whether free burgesse or free inhabitant, to be imprisoned, but either upon conviction, or for want of sufficient surety in case of debt, &c. or at least probable suspicion of some crime formerly mentioned, and the cause of his imprisonment to be declared and tried at the next courte following, at the furthest.

VI. Stripes are not to be inflicted but when the crimes of the offenders are accompanied with childish or bruitish folly, or with lewd filthinesse, or with stubborne insolency, or with beastly cruelty, or with idle vagrancy:Deut. 25.2, 3. But when stripes are due, not above forty are to be inflicted.

CHAPT. X. Of causes criminall betweene our people and forraigne nations.

I. In case any of our people should do wrong to men of another nation, upon complaint made to the Governor or other of the Councell, or Assistants, the fact is diligently to be enquired into,Math. 7.12. and being found to be true, full restitution is to be made out of the goods of the offender, as the case shall require, and the offender himselfe to be severely punished, according to the quality of the crime.

[Page]II. In case the people of another nation have done any important wrong to any of ours, right is first to be demanded of the Governor of that people, and justice upon the malefactor,Deu. 20.10.11. 2 Sam. 20.18, which if it be granted and performed, then noe breach of peace to follow.

III. If right and justice be denied, and it will not stand with the honour of God and safety of the nation that the wrong be past over, then warre is to be undertaken and denounced.

IV.Deut. 20.1, 2, 3, 4. Some minister is to be sent forth to go along with the army, for their instruction and incouragement.

V. When betrothed and not married, or newly married,Deut. 20.5, 6, 7, 8. and such as have newly built or planted and not received the fruits of their labours, and such as are faint-hearted men are not to be pressed or forced against their willes to goe forth to warres.

VI. Captains are to be chosen by the officers.Deut. 20.9.

VII. All wickednes is to be removed out of the campe by severe discipline.Deu. 23.9, 12, 13, 14. 2 Chro. 25.7, 8.

VIII. And, in warre, men of a corrupt and false religion are not to be accepted, much lesse sought for.

IX. Women, especially such as have not lyen by man, little children, and cattle,Deut. 20.14. are to be spared and reserved for spoyle.

X. Fruit trees, whilest they may be of use for meate to our owne souldiers,Deut. 20.19.20. are not to be cut downe or destroyed, and consequently not corne.

XI. The spoyles gotten by warres are to be divided into two partes,Num. 31.27. between the souldiers and the commonwealth that sent them forth.

XII. A tribute from both is to be levyed to the Lord and given to the treasury of the church,Num. 31.28, 29, 47. a 5th parte out of the commonwealths parte, and a 5th parte out of the souldiers.

[Page]XIII. If all the souldiers returne backe again in peace, not one lackinge, it is acceptable to the Lord, if they offer, over and above their former tribute, a voluntary oblation unto the treasury of the church, for the memoriall of the redemption of their lives by the speciall providence and salvation of the Lord of Hosts.

Isaiah 33.22.The Lord is our Judge, the Lord is our Lawgiver, the Lord is our King, he will save us. AMEN.

Answers of the Reverend Elders to certaine Questions propounded to them.*

Q. 1. WHETHER the magistrates are by pattent and election of the people the standing counsell of the commonwealth, in the vacancie of the general court, and have power accordingly to act in all cases subject to government according to said pattent and the laws of this jurisdiction, and when any necessary occasions call for action from authority, in cases where there is noe particular expresse law provided, there to be guided by the word of God till the generall courte give particular rules in such cases?

A. 1. The magistrates are by pattent and election of the people, the standing counsell of the commonwealth in the vacancie of the generall courte, and accordingly to act in all cases according to the pattent (pertaining to government) and laws made by the said generall courte of this jurisdiction. This answer is grounded upon sundry passages in the said pattent, as p. 10. where it is said that the Governor, [Page] Deputie Governor and Assistants shall apply themselves to take care of the best disposeing and ordering of the generall affaires and businesses of for and concerning the lands and premisses and the plantations thereof, and the government of the people there. Alsoe p. 11. it is said that the Governor, Deputie Governor and Assistants, or anie number of them as is expressed, shall be a full and sufficient courte for the handling, ordering and dispatching of all such businesses and occurrences as shall from time to time happen touching and concerning the said company or plantation. And it is said p. 12. that it is in the power of the generall courte to make laws and ordinances for the good and wellfare of the companie, and they may make and establish wholesome laws, statutes and ordinances for the settling of the forms and ceremonies of government and magistracie, and for managing and settling all sorts of officers, superiour and inferiour, and for the distinguishing and setting forth the severall duties, powers and limmitts in every such office and place. 2dly. We doe not find that by the pattent they are expressly directed to proceed according to the word of God, but we understand that by a law or libertie of the country, they may act in cases wherein as yet there is no expresse law, soe that in such acts they proceed according to the word of God.

Q. 2. Whether the Governor and Assistants have anie power by pattent to dispence justice in the vacancie of the generall courte, without some law or order of the same to declare the rule?

A. We doe not find in this commonwealth now constituted by this pattent that the Governor and Assistants have any power to dispence justice in the vacancie of the generall courte, without some law or order of the same, as the rule of theire administration, which we conceive were meete to be expressed for the regulateing of all particulars as far as may be, when such cannot be supplyed by generall rules.

Q. 3. Whether anie generall courte hath not power in particular cases to choose any commissioners, either assistants or freemen, exempting all others, to give theire commission, [Page] to sett forth theire power and places by any particular case, we meane in all things, and in those of all the officers the commonwealth stands in need of between election and election, not taking away the peoples liberties in election, nor turneing out any officer soe elected by them without shewing cause?

A. If the tearmes (all thinges) intend or imply all cases of constant judicature and counsell, we answer negatively, viz. that the generall courte hath not power by pattent in all cases to choose anie officers, as commissioners, either assistants or freemen, exempting that is excluding all others, to give them commission, to set forth theire power and places, because it would then follow, that the magistrates might be excluded from all cases of constant judicature and counsell which are theire principall worke, whereby alsoe the end of the peoples election would be made frustrate. 2dly. But if these tearms (all things) imply and intend cases, whether occasionall or other, belonging neither to constant judicature nor counsell, we answer affirmatively, viz. The generall courte hath power by pattent in such particular cases to choose anie officers and commissioners, either assistants or freemen, exempting all others, to give them commission, to sett forth theire power and places, which yet we understand with this distinction, viz. that if the affaires committed to such officers or commissioners be of generall concernment, we conceive the freemen according to the pattent are to choose them, the generall courte to sett forth theire power and places; but if the affaires committed to such officers or commissioners be meerely of particular concernment, then we conceive the generall courte may both choose them and sett forth theire power and places. Whereas we give places of constant judicature and counsell to the magistrates, we thus interpret the word (counsell) Counsell consists of care and action; in respect of care they are not to be limited, in respect of action they are to be limited by the generall courte as the supreme counsell. Finally, it is our humble request that if anie difference grow in the generall courte betweene [Page] magistrates and deputies, either in these or anie the like weighty cases which cannot be presently issued with mutual peace, then both parties will be pleased to deferre the same to further deliberation, for the honour of God and of the courte.

Q. 1. Whether the deputies in general courte have judiciall and magistraticall authoritie?

Q. 2. Whether by pattent the generall courte, consisting of magistrates and deputies, as a generall courte, have judiciall and magistraticall authoritie?

A. 1. The pattent in expresse words giveth full power and authoritie, as to the governor and assistants soe to the freemen alsoe assembled in generall courte, p. 11. 2dly, Whereas there is a 3 fold power of magistraticall authoritie, legislative, judicative, and consultative or directative, of the publique affaires of the commonwealth, for provision and protection. The 1st of these, namely, legislative, is expressely given to the freemen joyntly with the governor and assistants, p. 12. Consultative or directative power of the publique affaires of the commonwealth, for provision and protection, is also granted by the pattent unto the freemen as to the governor and assistants, p. 13. But now for the judicature, if we speake of the constant and usuall administration hereof, we doe not find that it is granted to the freemen or deputies in the generall courte, either by the pattent or by the election of the people, or by anie law of the country. But if we speake of the occational administration thereof we find the power of judicature administrable by the freemen joyntly with the governor and assistants, upon a double occasion, 1. In case of defect or delinquency of a magistrate we find the whole generall courte of governor, deputy governor, assistants and freemen may proceed to remove him, p. 12. 2dly. If by the law of the countrey there lye anie appeale to the general courte or any other special causes referred to theire judgement, it will necessarily inferre that in such cases, by such laws, the freemen joyntly with the governor [Page] and assistants have power of judicature touching the appealeants and cause, the appeale and those reserved cases. What we speake of the power of freemen, the same may be said of deputies, soe far forth as the power of the freemen is delegated to them by order of law.

Q. 3. Whether we may warrantably prescribe penalties to offences which may probably admitt of variable degrees of guilt?

Q. 4. Whether a judge be bound to pronounce sentence as a positive law prescribes, in case it be apparently above or beneath the merit of the offence?

A. 1. Certaine penalties may and ought to be prescribed to capitall crimes, although they may admitt variable degrees of guilt, as in case of murder upon prepensed malice and upon sudden provocation there is prescribed the same death in both, though murder upon a prepensed malice be a farre greater guilt than upon sudden provocation, Num. 35, 16, 17, 18. with ver. 20 21. alsoe in crimes of lesse guilt, as in theift, though some theift be of greater guilt than other (as for some men to steale a sheepe that hath lesse nede is of greater guilt than for another who hath more nede) the Lord prescribed one same measure of restitution to both, Exod. 22.1. 2dly, In case variable circumstances of an offence doe soe much varie the degrees of guilt, as that the offence is raised to a higher nature, then the penaltie must be varied to an higher answerable proportion; the strikeing of a neighbour may be punished with some pecuniary mulct, when the strikeing of a father may be punished with death; soe any sin committed with an hie hand, as the gathering sticks of the Sabbath day may be punished with death, when a lesser punishment might serve for gathering sticks privily and in some need. 3dly, In case circumstances doe soe varie a sinne as that many sinnes are complicated and wrapped up in it, the penaltie is to be varied according to the penaltie of those severall sinnes. A single lye may be punished with a lesse mulct than if it be tould before the judgement seate, or [Page] elsewhere to the damage of any person, whether in his good name by slander, or in his estate by detriment in his commerce, in which case a lye aggravated by circumstances is to be punished with respect both to a lye and a slander, and to the detriment which another sustaineth thereby. 4thly, In case that the circumstances, which varie the degrees of guilt, concerne only the person of the offender (as whether it were his first offence, or customarie, whether he was inticed thereto or the inticer, whether he was principall or accessary, whether unadvised or wittingly and willingly, &c.) there it were meete that the penaltie should be expressed with a latitude, whereof the lowest degree to be expressed, suppose 5s. or as the case may be 5 stripes, and the highest degree 20s. or 40s. or stripes more or less, within which compass or latitude it may be free to a magistrate to aggravate or mitigate the penaltie as the circumstances doe require or alleviate the offence. Yet we would have care be taken that a magistrate attend in his sentence to a certaine rule, as much as may be in those circumstances, lest some person whose sins be alike circumstantiated with another, if his punishment be not equall the one with the other, one may thinke himselfe more unequally dealt withall than another. 5thly, In those cases wherein a judge is perswaded in conscience that a crime deserved a greater punishment than the law inflicteth, he may lawfully pronounce sentence according to the prescript penaltie of the law, because he hath noe power committed to him by law to goe higher; but where the law may seem to the conscience of the judge to inflict a greater penalty than the offence deserveth, it is his part to suspend his sentence till by conferrence with the lawgivers he hath liberty, either to inflict the sentence or to mitigate it. 6thly, The penalties of great crimes may be sometimes mittigated by such as are in cheife power, which in this country is the generall courte, out of respect to the publique good services which the delinquent hath done to the state in former times; so Solomon mittigated the punishment [Page] of Abiathar for his service done to his father formerly, 1 Kings 2.26, 27.

Q. 1. Whether the distinction of power and authoritye in magistrates, and only libertie of counsell in the people, be according to the pattent, with respect of the magistrates and deputies in the generall court?

A. We conceive by the pattent, as the people have libertie of counsell, soe they have alsoe other power or authority, as we have expressed in our answer to the two first questions sent unto us by our honoured magistrates.

Q. 2. Whether the generall courte, consisting of magistrates and deputies, be not the chiefe power of this commonwealth, and to describe the power of magistracy, and to prescribe laws to all, and doe all other acts which belong to such a power?

A. The generall courte, consisting of magistrates and deputies, is the chiefe civill power of this commonwealth, soe as to prescribe the power of magistracy and to prescribe in a civill way lawes unto all, not repugnant unto the lawes of God, nor to the pattent, nor to the fundamentall lawes and liberties established in this commonwealth, and accordingly may doe all other acts which belonge to such a power, as namely, both acts of counsell tending to the provision and protection and wellfare of the whole body, and alsoe acts of judgement, soe far as (according to our answer to the two former questions of our honoured magistrates) is by the pattent or choice of the people or lawes of the commonwealth reserved to them and seated in them.

Q. 3. Whether our government be a pure aristocracie or mixt with a democracie? If mixt, whether it should not be mixt in all the administrations of the same?

A. 1. Our government is not a meere aristocracy, but mixt of an aristocracy and democracy, in respect of the generall courte. 2dly, Notwithstanding it be mixed in the generall courte, yet it followeth not necessary thereupon, [Page] that it should be mixed in all other courtes and administrations thereof, because our forme (as all other formes of civill government) is the ordinance of man, therefore as it was free to make it mixed or simple, soe alsoe to make it mixed in the generall courte and united in others according to the pleasures of the ordeiners thereof. Accordingly our pattent, notwithstanding it hath made our government mixed in respect of the generall courte, yet it seemes to have instituted subordinate administrations of justice to be aristocratically dispensed by the courte of assistants; yet even in these courtes there is some place for a democratical dispensation in respect of the jurors.

It was voted that all the answers given in by the reverend Elders to the severall questions, were approved just and true answers to satisfaction, except such as are not put to vote.

Prop. 1. That the assistants have noe power to act in judicature without some law of the generall courte to declare the rule.

Elders. That the assistants have noe power to act in judicature without some law, either particularly expressed, or in generall tearms, in defect thereof, enacted by the generall courte as the rule of their administrationes.

Prop. 2. That the generall court consisting of magistrates and deputies is the chiefest power of this commonwealth, and may act in all things belonging to such a power concerning counsell and judicature, namely for making laws, receiving appeals, questioning and sentencing the highest officers, and consulting about the weightiest affaires of the common wealth and in all other cases which in their wisdome they thinke meet to take cognizance of.

Elders. That the general court consisting of magistrates and deputies is the chiefest power of this common wealth, and may act in all things belonging to such a power, both concerning counsell in consulting about the weighty [Page] affairs of this common wealth and concerning lawes, alsoe concerning judicature in orderly impeaching, sentanceing and removing officers, even the highest according to law, likewise in receiving appeales, whether touching civill or criminall cases wherein appeales are or shall be allowed by the generall court.

Prop. 3. That the magistrate hath not power to vary from the penalties of any law either to mitigate or exceed the same.

Elders. That the magistrate hath not power to vary from the penaltie of any law either to mitigate or exceed the same without consent of the general court.

Prop. 4. That the patent in expresse words giveth full power and authority as to the governor and assistants soe to the freemen also assembled in general court.

Elders. That the patent in expresse words giveth full power and authority as to the governor and assistants soe to the freemen also assembled in general court, or thus, that the full power which is prescribed by the patent and graunted by the general court is not only to the governor and assistants, but also to the freemen there assembled and acting with common consent.

Prop. 5. That certaine penalties may and ought to be prescribed in cases although the offences admit of variable degrees of guilt.

Elders. That certaine penalties may and ought to be prescribed in cases although the offences admit of variable degrees of guilt.

[Page]

A Remonstrance and Petition of Robert Child, and others.

To the worshipful the Governor, the Deputy Governor, and the rest of the Assistants of the Massachusets Bay in New England, together with the Deputyes of the Generall Court now assembled at Boston.

The Remonstrance and humble Petition of us whose names are underwritten, in behalfe of ourselves and divers others within this jurisdiction, humbly sheweth,

THAT we cannot but with all thankfulnes acknowledge your indefatigable paines, continuall care and constant vigilancy, which, by the blessing of the Almighty, hath procured unto this wilderness the much desired fruits of peace and plenty: While our native land, yea the christian world, is sharply afflicted with the devouring sword and the sad consequents of intestine wars. And further, that you whom the Lord hath placed at the helme of these plantations and endowed with eminent gifts fitt for such honourable callings, are best able to foresee the clouds which hang over our heads, the storms and tempests which threaten this poor handfull here planted, and timously to amend them. Notwithstanding those who are under decks, being at present unfit for higher employments, may perceive those leaks which will inevitably sink this weake and ill compacted vessell, if not by your wisdomes opportunely prevented. We who, in behalfe of ourselves and divers of our Countrymen, laying our hands upon our breasts and seriously considering that the hand of our good God, who through his goodnesse hath safely brought us and ours through the great ocean and planted us here, seems not now to be with us, yea rather against us, blasting all our designs, though contrived with much deliberation, undertaken with great care, and proceeding with more than ordinary probability of successfull events, by which many of [Page] good estates are brought to the brink of extreame poverty, yea at this time laying his just hand upon our familyes, taking many away to himself, striking others with unwonted malignant sicknesses, and with some shameful diseases, have thought it convenient with all respectivenesse to present these our sincere requests and remonstrances to this honored court, hoping we have found out those speciall leaks, which concurring with many and great sins of this place (which our consciences know and our brethren of England are not ignorant of) are the speciall causes of the Lords turning his face from us, leaving us to ourselves, and consequently to strife, contention, unfaithfulnesse, idlenes, and of lamentable faylings, not blessing us in any of our endeavours, so as to give us any great hopes of staple commodities, and consequently of comfortable subsistance, though we, to the utmost of our power, these many years, even to the exhausting of our estates and spirits, have endeavoured the same; but contrariwise, all things grow worse and worse, even to the threatning (in our apprehensions) of no less than small ruine; not doubting but you will receive them with the same candour of mind which we, not ayming at novelty or disturbance, but at the glory of God, our allegiance to the state of England, and good of these poor plantations (if our hearts deceive us not) present them unto you, though for want of skill and other necessary helpe roughly drawn up; and hope that you will be more diligent in amending than we in searching out the causes of these our present calamities, &c. Not to trouble you who are employed in the most serious affairs of these plantations with many words, we shall briefly referre them to these heads, &c.

1. Whereas this place hath been planted by the incouragement, next under God, of letteris patents given and granted by his Majesty of England to the inhabitants thereof, with many privileges and immunities, viz. Incorporation into a company, liberty of choosing governors, setling government, making lawes not repugnant to the lawes of England, power of administring the oath of allegiance to [Page] all, &c. as by the said letters patents more largely appeareth. Notwithstanding, we cannot, according to our judgments, discerne a setled forme of government according to the lawes of England, which may seeme strange to our countrymen, yea to the whole world, especially considering we are all English. Neither do we so understand and perceyve our owne lawes or libertyes, or any body of lawes here so established, as that thereby there may be a sure and comfortable enjoyment of our lives, libertyes, and estates, according to our due and naturall rights, as freeborne subjects of the English nation. By which, many inconveniences flow into plantations, viz. jealousies of introducing arbitrary government, which many are prone to beleeve, construing the procrastination of such setled lawes to proceed from an overgreedy spirit of arbitrary power (which it may be is their weaknes) such proceedings being detestable to our English nation, and to all good men, and at present a chief cause of the intestine warre in our deare country: Further, it gives cause to many to thinke themselves hardly dealt with, others too much favored, and the scale of justice too much bowed and unequally ballanced: From whence also proceedeth feares and jealousies of illegall committments, unjust imprisonments, taxes, rates, customes, levyes of ungrounded and undoing assessments, unjustifiable presses, undue fynes, unmeasurable expences and charges, of unconceyvable dangers through a negative or destructive vote unduly placed, and not well regulated, in a word, of a non certainty of all things we enjoy, whether lives, liberties or estates; and also of undue oaths, being subject to exposition, according to the will of him or them that gives them, and not according to a due and unbowed rule of law, which is the true interpreter of all oathes to all men, whether judge or judged.

Wherefore our humble desire and request is, that you would be pleased to consider of our present condition and upon what foundation we stand, and unanimously concurr to establish the fundamentall and wholesome lawes of our native country, and such others as are no wayes repugnant [Page] to them, unto which all of us are most accustomed; and we suppose them best agreeable to our English tempers, and yourselves obliged thereunto by the generall charter and your oathes of allegiance. Neither can we tell, whether the Lord hath blest many in these parts with such eminent politicall gifts, so as to contrive better lawes and customes than the wisest of our nation have with great consideration composed, and by many hundred yeares experience have found most equall and just; which have procured to the nation much honour and renowne amongst strangers, and long peace and tranquility amongst themselves. And for the more strict and due observation and execution of the said lawes by all the ministers of justice, That there may be a setled rule for them to walke by in all cases of judicature, from which if they swerve there may be some power setled, according to the lawes of England, that may call them to account for their delinquences, which may be a good meanes to prevent divers unnecessary appeales into England.

2. Whereas there are many thousands in these plantations, of the English nation, freeborne, quiett and peaceable men, righteous in their dealings, forward with hand, heart and purse, to advance the publick good, knowne friends to the honorable and victorious Houses of Parliament, lovers of their nation, &c. who are debarred from all civill imployments (without any just cause that we know) not being permitted to bear the least office (though it cannot be denyed but some are well qualifyed) no not so much as to have any vote in choosing magistrates, captains or other civill and military officers; notwithstanding they have here expended their youth, borne the burthen of the day, wasted much of their estates for the subsistence of these poore plantations, paid all assessments, taxes, rates, at least equall, if not exceeding others, yea when the late warre was denounced against the Narrowganset Indians, without their consent, their goods were seized on for the service, themselves and servants especially forced and impressed to serve in that warre, to the hazarding of all [Page] things most dear and near unto them, whence issue forth many great inconveniences, secret discontents, murmurings, rents in the plantations, discouragements in their callings, unsettlednes in their minds, strife, contention, and the Lord only knows to what a flame in time it may kindle; also jealousies of too much unwarranted power and dominion on the one side, and of perpetual slavery and bondage on the other, and which is intollerable, even by those who ought to love and respect them as brethren.

We therefore desire that civill liberty and freedom be forthwith granted to all truely English, equall to the rest of their countrymen, as in all plantations is accustomed to be done, and as all freeborne enjoy in our native country; (we hoping here in some things to enjoy greater liberties than elsewhere, counting it no small losse of liberty to be as it were banished from our native home, and enforced to lay our bones in a strange wildernes) without imposing any oathes or covenant on them, which we suppose cannot be warranted by the letters patent, and seeme not to concur with the oath of allegiance formerly enforced on all, and later covenants lately imposed on many here present by the honorable houses of parliament, or at least to detract from our native country and lawes, which by some are stiled foreign, and this place termed rather a free state, than a colonie or corporation of England; all of us being very willing to take such oathes and covenants as are expressions of our desires of advanceing the glory of God and good of this place, and of our dutyes to the state of England, and love to our nation, being composed according to the lawes and customes of other corporations of England; but all of us are exceeding unwilling by any pollicies whatsoever to be rent from our native country, though far distant from it, valuing our free derivations, the immunities and privileges which we and our posterity doe and we hope shall alwayes enjoy above the greatest honors of this country, not cemented to the state of England, and glory to be accounted though but as rushes of that land, yet that we may continue to write that we and [Page] ours are English; or least we entreate that the bodyes of us and ours (English subjects possessing here no privileges) may not be impressed, nor goods forcibly taken away, least we, not knowing the justice of his warre, may be ignorantly and unwillingly enforced upon our own destruction, and that all assessment, taxes, impositions, which are many and grievous (if civill liberty be not granted) may be taken of, that in all things we may be strangers, otherwise we suppose ourselves in a worse case here and lesse free than the natives amongst whom we live, or any aliens. Further, that none of the English nation, who at this time are too forward to be gone, and very backward to come hither, be banished, unles they break the known lawes of England in so high a measure, as to deserve so high a punishment; and that those few that come over may settle here without having two magistrates hands, which sometimes not being possible to obtain, hath procured a kind of banishment to some, who might have been serviceable to this place, as they have been to the state of England, &c. And we likewise desire that no greater punishments be inflicted upon offenders than are allowed and sett by the laws of our native country.

3. Whereas there are diverse sober, righteous and godly men, eminent for knowledge and other gracious gifts of the holy spirit, no wayes scandalous in their lives and conversation, members of the church of England (in all ages famous for piety and learning) not dissenting from the latest and best reformation of England, Scotland, &c. yet they and their posterity are deteined from the seales of the covenant of free grace, because, as it is supposed, they will not take these churches covenants, for which as yet they see no light in Gods word; neither can they clearly perceive what they are, every church having their covenant differing from anothers, at least in words: Yea some churches sometime adding, sometime detracting, calling it sometimes the covenant of grace, sometimes a branch of it, sometimes a profession of the free covenant, &c. notwithstanding they are compelled, under a severe fine, every [Page] Lords day to appear at the congregation, and notice is taken of such who stay not till baptism be administred to other mens children, though denyed to their owne; and in some places forced to contribute to the maintenance of those ministers who vouchsafe not to take them into their flock, though desirous of the ordinances of God, &c. yet they are not accounted so much as brethren, nor publickly so called, nor is christian vigilancy (commanded to all) any way exercised to them. Whence, as we conceive, doe abound an ocean of inconveniencies, dishonor to God and to his ordinances, little profit by the ministry, encrease of anabaptisme, and of those that totally contemne all ordinances as vaine, fading of christian graces, decrease of brotherly love, heresies, schismes, &c. the whole body of the members of the church of England, like sheep scattered in the wildernes, without a shepherd, in a forlorn condition.

We therefore humbly intreat you, in whose hands it is to help and whose judicious eyes discern these great inconveniences, for the glory of God and the comfort of your brethren and countrymen, to give liberty to the members of the church of England, not scandalous in their lives and conversations (as members of these churches) to be taken into your congregation and to enjoy with you all those liberties and ordinances Christ hath purchased for them, and into whose name they are baptised, that the Lord may be one and his name one amongst us in this place; that the seales of the covenant may be applied to them and their posterity, as we conceive they ought to be, till inconveniences hereby be found prejudiciall to the churches and colony (which we hope shall never be) not doubting but the same christian favour will be shewed to all its members of these churches, when they shall retire to our dear native country (if their conversations be righteous and holy) or otherwise to grant liberty to settle themselves here in a church way, according to the best reformations of England and Scotland, if not, we and they shall be necessitated to apply our humble desires to the honourable houses of parliament, who we hope will take our sad conditions into [Page] their serious considerations, to provide able ministers for us (this place not being so well provided as to spare any) or else out of their charity, many estates being wasted, to transport us to some other place, where we may live like christians and not be accounted burthens, but serviceable both to church and state.

These things being granted, by the blessing of God to us in Christ, we hope to see the now contemned ordinances of God highly prized, the gospell much darkned, break forth as the sun at noon day, christian charity and brotherly love, almost frozen, wax warm, zeal and holy emulation more fervent, jealousy of arbitrary government (the bane of all common wealths) quite banished, the wicked, if any such be found, in their courses disheartned, the righteous actors in their wayes encouraged, secret discontents fretting like cankers, remedied, merchandising and shipping by speciall providence wasted, speedily encreased, mines undertaken with more chearfulnes, fishing with more forwardnes, husbandry now withering forthwith flourishing, villages and plantations much deserted presently more populous, all mechanicall trades the great enriching of all common wealths heartily going on, staple commodities the life of trade presently raised, our almost lost credit regayned, our brethren of Englands just indignation and their force as a post flying from us turned to embrace us, the honourable houses of parliament patrons of piety under their wings in these dangerous times with alacrity shrowding us, the privileges and immunities which we and ours enjoy in our native land more firmly settled, forreign enemies dayly threatning totally discouraged, unsettled men now abounding firmly planted, that the prosperity of England may not be the ruine of this plantation but the contrary, hands, hearts and purses now streightned freely opened for public and honorable services, strife and contention now rife abated, taxes and sesses lightned, the burthens of the state but pleasure, &c. To conclude, all businesses in church and common wealth which for many years have seemed to go backward, beyond our desert yea expectation, [Page] the good hand of our God going along with us, successfully thriving.

And shall always pray the Almighty, the only wise God, to guide you with his wisdom, strengthen you with his power in all your undertakings, that all may be for the glory and good of his people, and that he would blesse your wisdom with the blessing of peace, plenty, and long dayes, &c.

Subscribed,

Robert Child,

Thomas Burton,

John Smith,

Thomas Fowle,

David Yale,

Samuel Maverick,

John Dand.

A Declaration of the General Court holden at Boston 4 (9) 1646. concerning a Remonstrance and Petition exhibited at last Session of this Court by Doctor Child, Thomas Fowle, Samuel Maverick, Thomas Burton, John Smith, David Yale, and John Dand.

IN this Petition and Remonstrance (as they call it) which is the first of the sorte that we have received, and (as we conceive) without president in any plantation or established commonwealth, as will appear by the smale cause of such remonstrance, and as little reason for what is petitioned. We first observe the solemne and religious profession they make of the sincerity and singleness of their end in respect of the glory of God and the good of this colonie, which we have reason to be jealous of with a godly jealousie, when we consider what connexion and affinity there is betweene such greate and glorious ends and the pursuit they make in their remonstrance, so far from truth and righteousness, together with the means they have propounded for attaining the fame. We therefore wish them well and deeply to consider that they have herein to doe with him by whom actions are weighed, whose eyes [Page] are like a flame of fire, who will make all the churches knowe that he searcheth the heart and the reines, and will render to every one of them according to theire workes. It were a dreadful dareing presumption, if the blessed name of the most high God (whose honor is so oft avouched to be theire ayme in this designe) should be made to serve a corrupt project. The next thing we observe is, a divine over-ruling hand leadinge them to a cleare acknowledgment of that truth which cutts the sinewes of theire remonstrance, and justifies our government and all the administrations thereof, against all that reproach and blame they endeavour after to cast upon it. The words are these, We cannot but with all thankfulnes acknowledge your indefatigable paines, continuall care and constant vigilance, which (by the blessing of the Almighty) hath procured unto this wildernes the most desired fruites of peace and plenty; whilst our native land (yea the christian world) is sharpely afflicted, &c. From which words we inferre these 4 propositions. 1. The government established in this colonie (by the blessing of the Lord) hath beene dispenced and administred, from the first to last, with a speciall and eminent measure of care and watchfullnes upon all occasions. 2dly, By the blessing of the Lord, the government established and administred as aforesaid, hath beene a procuring cause of peace and plentie to this colonie. 3dly, By the blessing of the Lord, the government established as aforesaid, and the good effects thereof have beene graunted to us in this wildernes, and that at such a season, while not only our native country, but the christian world, are sharply visited and afflicted with contrary evills (we may say in this case with astonishment, Not unto us, Lord, but to thy name be the praise, we confesse it is our shame (we desire it may be also our sorrow) that we have not rendered to the Lord according to his great goodnes.) 4thly, The Petitioners (by theire owne confession) have not only no cause to blame this government, or the administration or effects thereof, but are bound with all thankfulnes to acknowledge the good fruites thereof, as wherein themselves have had theire share.

[Page]These foure propositions (allowing to the first of them that which humane frailty calls for) are (as we conceive) no lesse evident in the truth of them than in theire dependance upon the petitioners owne words. Yet we observe 3dly, How they sometimes sende forth sweete water and bitter. For in the following passages they speake of leakes, which (they say) will inevitablie sinke this weake and ill-compacted vessell, which they wholly impute to the evills of our government, civill and ecclesiasticall, both in the administration and effects thereof. And though in the said propositions, they make us monuments of mercie, preferring us above our native country, yea above the christian world; yet, in the conclusion they affirme the quite contrary; houlding us forth as the scumme and off-scouring, such as our brethren in England, in their just indignation, avoyde as a pest, which they wholely ascribe to the evills of our government. They highly commend the administration of this government, and yet complaine of an arbitrary power, detestable (as they say) to our English nation and to all good men. They commend this government in respect of care and watchfulnes; and yet they speake of many sheepe in this wildernes without shepheard, in a forlorne condition. They largely acknowledge the good effects of this government; and yet cry out of intollerable slavery and bondage. They commend it in respect of peace and plenty; and yet they speake of discontents fretting like cancers, of merchants wasteing, of husbandry withering, of villages and plantations much desolated, and that all busines both in church and commonwealth have seemed to go backward, and that for many year. They commend it in respect of peace; and yet affirme they have no security of theire lives and liberties, but are under a non certainty of all they enjoy. They commend it in respect of peace; and yet speake of contentions, readie to breake out into a fearful flame, blameing the government as the cause thereof. They commend it in respect of plenty; yet prosesse they are brought to the brinke of extreame poverty, so as they beg of the parliament some help for transportation [Page] to some other place. They professe they owe acknowledgment with all thankfulnes for what they here enjoy; and yet affirme that by reason of unjustifiable, ungrounded and undue taxes imposed on them, they are in worse condition than the natives themselves. They professe such acknowledgment as aforesaid; and yet affirme that they are in such a place, where they cannot live like christians.

These petitioners fabricke being thus overthrowne by theire owne confession and manifest contradictions, we might have throwne out theire petition, as not worthie our further trouble, but lest they should pretend, that theire said thankfull acknowledgment was but a complement, or a piece of theire rhetorick (ad acquirendam gratiam) to gaine favour (yet let them consider what we put them in mind of at first, how dangerous it is to engage the greate name of the Almighty, to advance theire corrupt and uncharitable designes. (Nec tutum est ludere cum sacris) It is not safe to dally with things sacred. We will therefore, for the petitioners more cleare conviction, and further satisfaction to all the world, examine their particular grievances, and other passages which we meete with in theire remonstrance, &c. and give such account of our government and administrations both civil and ecclesiastical, as none shall be able (we hope) to contradict the truth thereof.

For our government itselfe, it is framed according to our charter, and the fundamental and common lawes of England, and carried on according to the same (takeing the words of eternal truth and righteousnes along with them, as that rule by which all kingdomes and jurisdictions must render account of every act and administration, in the last day) with as bare allowance for the disproportion between such an ancient, populous, wealthy kingdome, and so poore an infant thinne colonie, as common reason can afford. And because this will better appeare by compareing particulars, we shall drawe them into a parallel. In the one columne we will sett downe the fundamental and common lawes and customes of England, beginning with Magna [Page] Charta, and so goe on to such others as we had occasion to make use of, or may at present suite with our small beginnings: In the other columne we will sett downe the summe of such lawes and customes as are in force and use in this jurisdiction, shewing withall (where occasion serves) how they are warranted by our charter. As for those positive lawes or statutes of England, which have been from tyme to tyme established upon the basis of the common law, as they have been ordained upon occasions, so they have been alterable still upon like occasion, without hazarding or weakening the foundation, as the experience of many hundred yeares hath given proofe of. Therefore [Page] there is no necessitie that our owne positive lawes (which are not fundamental) should be framed after the patterne of those of England, for there may be such different respects, as in one place may require alteration, and in the other not.

For ourselves, we must professe our insufficiencie for so greate matters (as the remonstrants also judge of us) and that in the lawes of England we have but the knowledge of novices, which is mixed with ignorance, and therefore such faileings as may appeare either in our collection of those lawes, or in conforming our owne to that patterne, are to be imputed to our want of skill. If we had able lawyers amongst us, we might have beene more exact.

Magna Charta.

1. THE Church shall enjoy all her liberties.

2. No man shall be condemned but by lawful tryall: Justice shall not be sould, deferred nor denyed to any man. All mens liberties and free customes shall be reserved.

[Page]3. All cities and townes shall have theire liberties and free customes.

4. There shall be one measure of corne and wine throughout the kingdome.

5. Courts of judicature shall be kepte in a place certaine.

6. Difficult cases shall be determined by the justices of the bench, which was then the highest court of judicature.

7. No amerciament shall be, but for reasonable cause, and according to the quantity of the offence; saveing to a freeman his freehould, and to a merchant his merchandize; and no such amerciament to be assessed but by the oaths of good and lawful men of the vicenage.

8. No wager of lawe shall be allowed without witnesses.

9. Merchants shall have safe conducts.

The Common Lawes of England.

1. The supreame authoritie is in the high court of parliament.

2. In the parliament the people are present by theire deputies, the knights and burgesses of the house of commons, that nothing can passe without theire allowance.

3. These deputies are chosen for all the people, but not by all the people; but only by certaine freehoulders and free burgers, in shires and corporations.

[Page]4. Both parts of this court, viz. the aristocraticall and democraticall part make but one court; yet each of them sitt and consult and act apart, and each hath a like negative power.

5. The acts of this court bind all the people, as well forraigne as free borne; as well such as have no libertie in the election of the members of the court as the freehoulders, &c. who choose them.

6. The fundamentall frame of Englands politie in the subordinate exercise thereof, is either in courts of justice or out of court.

7. In courts of judicature, all causes both civill and criminall are determinable either by the judges or jury, or by the judges alone in some cases, as upon demurrer in law, confession, overt act, or not tendring traverse, &c. or in other cases, as appointed by speciall statute.

8. Out of court the standing councell doe order all affairs of state in the vacancie of the parliament.

9. The justices of peace have power out of court to preserve the peace, &c.

10. The ordinary ministeriall officers are sheriffs, constables, marshalls, bailieffs, clarkes, &c.

11. The ordinary processe are summons, attachments, distresses, &c.

12. In all criminall cases where no certaine penalty is prescribed by law, the judges have power to impose arbitrary fines or penalties, according to the nature and merit of the offences.

13. Notorious and greate felonies, as treason, murther, witchcraft, sodomie, &c. are punished capitally, but simple theft and some other felonies are nor punished with death, if the offender can reade in scripture.

14. Adultery is referred to the canon or spirituall lawe.

[Page]15. All publick charges are borne by the publick revenue or treasury.

16. Where the publick treasury will not suffice, all necessary charges are supplied by subsidies, &c. granted by parliament.

17. These subsidies are intended to be equally imposed upon all places and persons, yet in some cases they prove very unequall, yet they are collected, and such as refuse are distreined.

18. The parliament is not bound to give account to any of the improvement of these subsidies.

19. It is a fundamentall lawe that a man is not to be imprisoned if he tender sufficient bayle, &c. except in some cases capitall, and some other speciall cases.

20. The full age of man or woman for passing lands is twenty one yeares.

21. A marryed woman cannot dispose of any lands or other estate without her husband, nor can sue or be sued without him.

22. In civill actions a man may appeare and answer by his attorney.

1. The eldest sonne is preferred before the younger in the ancestors inheritance.

2. Daughters are coparceners in the inheritance.

3. Prescription is not allowed in cases morally and legally civill.

4. Civill authoritie hath power over any officer or member of the church in all cases civill and criminall.

5. No man is to be twice punished for the same offence.

6. No oath or covenant of a publick nature can be put upon the subject but by act of parliament.

7. Publick records are open to every subject.

Fundamentalls of the Massachusetts.

1. ALL persons orthodoxe in judgment and not scandalous in life, may gather into a church estate acaccording to the rules of the gospell of Jesus Christ. Liberty, 1.

Such may choose and ordaine theire owne officers, and exercise all the ordinances of Christ, without any injunction in doctrine, worship or discipline. Liberty, 2 & 38.

2. No mans life, honor, liberty, wife, children, goods or estate shall be taken away, punished or endamaged, under colour of lawe, or countenance of authoritie, but by an expresse lawe of the generall court, or in defect of such lawe, by the word of God, &c. Liberty, 1.

Every person within this jurisdiction, &c. shall enjoy the same justice and lawe, &c. without partiality or delay. Liberty, 2.

All lands and hereditaments shall be free from all fines, forfeitures, &c. Liberty, 10.

Every man may remove himselfe and his familie, &c. if there be no legal impediment. Liberty, 17.

[Page]3. The freemen of every towne may dispose of theire towne lands, &c. and may make such orders as may be for the well ordering of their townes, &c. and may choose their constables and other officers. (1)mo 1635.

4. One measure is appointed through the country, according to the Kings standard. (3) 1631 and 1638.

5. Courts of judicature shall be kept at Boston for Suffolk, at Cambridge for Middlesex, at Salem and Ipswich for Essex, &c. upon certaine dayes yearly. (1) 1635.

6. Difficult cases are finally determinable in the court of assistants, or in the general court by appeale or petition, or by reference from the inferiour court. Liberty, 31 & 36.

7. Upon unjust suites the plaintiff shall be fined proportionable to his offence. Liberty, 37.

No mans goods shall be taken away, but by a due course of justice. Liberty, 1. In criminal causes it shall be at the liberty of the accused partie, to be tryed by the bench or by a jury. Liberty, 23.

We doe not fine or sentence any man, but upon sufficient testimonie upon oath, or confession. Custome.

8. Wager of lawe is not allowed, but according to this lawe, and according to Exod. 22.8.

9. Letters testimonial are granted to merchants, when there is occasion. Custome.

1. The highest authoritie here is in the general court, both by our charter, and by our owne positive lawes. (3) 1634, &c.

2. In our general court the people are present by theire deputies, so as nothing can passe without theire allowance. Charter, and (1) 1635.

3. Our deputies are chosen for all the people, but not by all the people, but only by the companie of freemen according to our charter.

[Page]4. The governor and assistants being the aristocraticall, and the deputies the democraticall part, yet make but one court, though they sitt and act apart, and either of them hath a like negative power. Charter, and (1) 1635.

5. The acts of this generall court do bind all within this jurisdiction, as well no-freemen who have no vote in election of the members of the court, as the free men who doe choose them. By the charter.

6. This government in the subordinate exercise thereof is either in court of judicature or out of court. By the charter and many positive lawes.

7. In our court of judicature all causes civill and criminall are determinable, either by the judges and jury, or by the judges alone, &c. as in England. This is both by custome and by divers lawes established according to our charter, as Liberty, 29. &c.

8. In the vacancie of the generall court, the governor and assistants are the standing councell to take order in all such affaires. By the charter and (8) 1644.

9. The governor and assistants have power out of court to preserve the peace, &c. By the charter and custome, and divers speciall lawes.

10. Our ministeriall officers are marshalls, constables, clerks, &c. By the charter.

11. Our ordinary processe are summons, attachments, distresses, &c. By charter.

12. In all criminall offences, where the law hath prescribed no certaine penaltie, the judges have power to inflict penalties, according to the rule of Gods word. Liberty 1. and by charter, &c.

13. Treason, murther, witchcraft, Sodomie, and other notorious crimes, are punished with death: But theft, &c. is not so punished, because we reade otherwise in the scripture. Capitalls, &c.

14. Adultrey is punished according to the canon of the spirituall lawe, viz. the scripture. Capitalls, &c.

[Page]15. All publicke charges are defrayed out of the publick stocke. Custome, and Liberty, 63.

16. When we have no publick stocke, we supply our necessary public charges by assessment raised by the generall court.

17. The generall court intends an equall assessment upon every towne and person, and indeavours it, by the best meanes they can invent (yet in some cases there falls out inequalitie) this is levyed by distresse of such as are able, and yet refuse to pay. Custome & order of court.

18. The generall court is not bound to give account of the expence of these; assessments; yet they doe sometimes for all mens satisfaction.

19. No mans person shall be restrained or imprisoned, &c. before the lawe hath sentenced him thereto, if he can put in sufficient baile, &c. except in crimes capitall, &c. Liberty, 18.

20. The full age, for passing lands, giveing votes, &c. is twenty one yeares. Liberty, 53.

21. Married women cannot dipose of any estate, &c. nor can sue or be sued, without the husband. Custome, and Liberty, 14.

22. In civill actions a man may appeare and answer by his atturney. Custome.

1. The eldest sonne is preferred before the younger in the ancestors inheritance. Liberty, 81.

2. Daughters shall inherit as coparceners. Liberty, 82.

3. No custome or prescription shall ever prevaile, &c. to maintain any thing morally sinnfull. Liberty, 65.

4. Civill authority may deale with any church member or officer, in a way of civill justice. Liberty, 59.

5. No man shall be twice sentenced by civill justice, for the same offence. Liberty, 42

6. No man shall be urged to take any oath, or subscribe any articles, covenant, or remonstrance of a publick and civill nature, but such as the generall court hath considered, allowed and required. Liberty, 3.

7. Publick records are open to all inhabitants. Liberty, 48.

[Page]By this it may appeare that our politic and fundamentalls are framed according to the lawes of England, and according to the charter; so that the petitioners (if they had not cast off all modesty) must needs be ashamed of this complaint, as also of those which follow, viz. Arbitrarie government, The negative vote, Illimited oathes, Unjust taxes, Illegall committments, &c. For the first, we use to say, Rome was not built in a day: Nay, they could write of it many hundred yeares after, Tantae molis erat, &c. Let them produce any colonie or commonwealth in the world, where more hath beene done in 16 yeares. Let them shew where hath beene more care and strife to prevent all arbitrarines, and to bring all judgements to a certaine rule, so farre as may be. Let them confesse theire ignorance of the judiciall proceedings in England, or theire malice which setts them on, to take up any thing to throw at us, though it cutt theire owne fingers, as the practise of England (which they would seeme so much to adhere unto) will most certainely doe, if they looke into any of those courts of judicature (except it be the common pleas) but especially the chauncery (which is the highest court of judicature) the court of requests, the chauncery of the exchequer and of the dutchie, in which courts they are not tyed to the common lawes or statutes of England, but doe judge arbitrarily (secundum aequum et bonum) according to equitie. If they can give no reasonable answer here (as we are sure they cannot) they must either harden theire hearts or confesse theire guilt, and be as carefull to reforme theire arbitrary obedience, as we are to keepe off arbitrary government. We may say the same for the second, the Negative vote. Sure these men would seeme to have misteries of state in theire heads, and they meane to keepe them there. They tell us of a destructive negative vote, but they neither shew where nor what this daunger is, nor what remedie for it. It may be they have found out a way how a mixt government may subsist without a negative vote, which this court (with all the help of all the elders, and other the wisest in the country, after [Page] two or three years endeavour) could not attaine; nor would the farre deeper wisdome of the parliament of England ever attempt it (and that these remonstrants are not ignorant of) nor doe they affect a democracie. Therefore this must needs be put in only as a fine device (ad faciendum populum) to please the people. For the third, viz. Illimitted oathes, and covenants not explained by lawe: They should have done well to have tould us what oathes and covenants they meane, for (dolus versatur in universalibus) deceit lyes hid in generalls. We know no oathes we impose upon any, other than such as are allowed by our charter, and were in practise by the company in London (as occasion required) before we came into these parts. And for covenants of a civill nature, there hath not beene so much as any mention of any such amongst us these many yeares, save only, the last yeare, a motion was made in court of complying with our native country in the nationall covenant there, which was referred to further consideration. As for our church covenant, that shall be spoken to in its proper place. Besides (to prevent all such burdens) we have established a lawe to that end, as appears here before. 5thly, For unjust taxes, there is none that come amongst, us or heare of our condition and affaires, but will marvaile for what purpose such great summes should be raised upon the country, as should occasion this grievance; seeing we attempt nothing of chardge, but what is necessarie, and what the freemen and members of the court contribute unto, as largely as any other. We spend nothing superfluously in buildings, feastings, pensions, public gratuities, officers fees, or the like; nay we are ashamed sometimes at our penuriousnes, but that we had rather beare shame and blame, than overburden the people. Such as are in chiefe office amongst us are content to live beneath the honour of their places that they might ease the common charge. All our publick expences have beene about some small fortifications, makeing lawes, dispenseing justice, some expeditions against the Indians, who by their injuries and insolencies have provoked us [Page] thereunto, and some forraigne occasions of late, which accidentally fell upon us. If the remonstrants have knowne of any lavish wasting or mispence of the publick treasure, it had beene fitt they should have mentioned it, otherwise they deale unjustly and injuriously with us, to expect we should provide for theire peace and safety, and yet deny us the meanes whereby we should accomplish it. 6thly, For illegall committments, theire complaint pretends frequencie, otherwise it were not a publick grievance, therefore we conceive they might have produced some cleare instances in this kind. But let them bring forth one: Or let them charge any of the courts or magistrates with corruption in theire places, or manifest injustice in theire sentences: Or the government with allowance of any thing that is morally evill. If not; they are impudent slanderers, and deeply guilty of the breach of the 5th commandment which (without serious repentance) God will require of them. 7thly, These remonstrants would be thought to be a representative part of all the non-freemen in the countrie; but when we have pulled off theire vizards, we find them no other but Robert Child, Thomas Fowle, &c. For first, although their petition was received with all gentlenes, yet we heare of no other partners that have appeared in it, though it be four months since it was presented. Againe, we know that divers of the non-freemen have lived some in Virginia and other plantations, where the government hath not been so easy to them as they have found it here. Others have lived in Kent, under the lawes of Gavelkind, more repugnant to the common lawes of England than any of ours. Others have had to doe in maritime affaires; others in causes testamentrie and matrimoniall; others in the chancery, and others in London and other corporations, and so have found by experience that Englishmen may live comfortably and securely under some other lawes besides the common and statute lawes of England; and that all the priviledge of a freeborne English subject is his interest in the lawes, without right of election of publick officers, which [Page] they were never acquainted with there, and yet payd their equall proportions to all publick charges, &c. These non-freemen also are well satisfyed (as we conceive) and doe blesse God for the blessings and priviledges they doe enjoy under this government. They think it is well, that justice is equally administred to them with the freemen; that they have equall share with them in all towne lotts, commons, &c. that they have like libertie of accesse to the church assemblies, and like place and respect there, according to theire qualities, as also in all neighbourly meetings for maintenance of love, as also like freedome of trade and commerce. So that we have good cause to be perswaded, that there are not many of these discontented remonstrants within our jurisdiction, nor in New England. We are further confirmed herein, when we consider what hard shifts these remonstrants were put unto, to make up the number of seven. The first (and he that must (ducem agere in hujus militiae) be the leader in this designe) is a Paduan Doctor (as he is reputed) lately come into the country, who hath not so much as tasted of their grievances, nor like to doe, being a batchelour and only a sojournour, who never payd penny to any publick charge, though (of his owne good-will) he hath done something for publick use. A second, is a church member, but will be no freeman; he likes better to be cased of that trouble and charge. A third, is a freeman, but no member of any church, and the reason hath beene his professed affection to the hierarchie. A fourth, is a clarke of the prothonotaries office, a sojournour also, and of no visible estate in the country, one who hath never appeared formerly in such designe, however he hath been drawne into this; it is like to be as those who were called by Absolom to accompany him to Hebron. A fifth, is a young merchant, little acquainted with commonwealth affaires. We are willing to suppose he might also be one of them, who were invited by Absolom to Hebron, but sure we are, it is no small griefe to his honoured godly friends to find him there, when they prayed and waited dayly to heare of him in Jerusalem. A sixth was [Page] taken up by accident, being none of this jurisdiction, but himselfe and familie inhabiting at Rhode-Island. The seventh, is an ould grocer of London, whose forgetfulnes of the lawes and customes of that citty, and unmindfullnes of his dutie to the government under which he now lives and prospers, we may impute to his age and some other infirmities. And these are the champions who must represent the bodie of non-freemen. If this be their head, sure they have (insulsum caput et non multo sale defaecandum) an unsavoury head, not to be seasoned with much salt. It may be thought rather that this was some dareing busines at some of their merry-meetings, like that of Sir Roger Williams and the Dutch commander Skencke, who in a vyeing bravery would adventure to fetch the prince of Parma out of his tent in the middest of his army.

Thus have we traced our remonstrants through the civill state, wherein it was easie to follow them by theire ill scent; they are now passing over to the church, but in theire way they will needs observe some notable decay of trade and husbandry, &c. and withall some malignant and noisome diseases among us, and they are bould to deliver Gods councell therein without consulting with his oracles, where they might have learned that all things come alike to all, and as many as I love I rebuke and chastise, and judgment must begin at the house of God (and how then must malignants speed) So as theire imputeing such afflictions to the evil of our government is without rule, nor doe they deale faithfully in their discovery. For although our merchants have sustained some late losses at sea in two or three voyages, yet we have no cause to murmure at the good providence of the Lord, who hath well repaired those losses by his blessing upon us in our fishing and other tradeing abroade, and by the successe he hath given to our labours at home, so as we could spare twenty thousand bushells of corne the last yeare (so much at least being transported) and a good quantity shipped out already this present yeare. As for those diseases they speak of, it is true (and the Lord teach us to profitt thereby) [Page] God was pleased to visit some of our townes the last spring with a more violent fever than ordinary, whereby (as we guesse) some fifty or sixty persons were taken away in a few weekes; but when we consider the nature and strength of the disease, and the weakness of the meanes for prevention or cure, we must acknowledge it a singular testimonie of fatherly love, that among so many thousands he tooke away so few, and stayed it so suddenly. And for that shamefull disease they mention, we may see how readie they are to publish any thing to our disgrace. They might have covered this blemish, being the first of this kind that we have knowne in the countrie, and no guilt thereof lyeing upon the government, or upon the country that we can find. There came indeed the last yeare out of England a lewd person infected with the French disease, who stayed not long with us; but since his departure some others have been infected, but by what meanes we cannot find; the infection spreading by a worke of charitie, in drawing the breasts of one infected, but neither knowne to them nor to herselfe, that we can learne. But this was more observable (wherein the remonstrants might have seene the good hand of the Lord toward us) that a stranger coming accidentally into the country at that time, who had speciall skill in that disease, through the blessing of God, soone cured them.

These remonstrants are now come to the church doore, when one of theire companie gives them the flipp, not dareing (it seemes) to enter for feare of an admonition. But let us see what exceptions the other side have to our churches, &c. They tell us, ‘that divers sober, righteous, and godly men, eminent for knowledge and other gracious gifts of the Holy Spirit, no wayes scandalous in theire lives, are detained from the seales, because (as is supposed) they will not take these churches covenant.’ The petitioners are sure mistaken or misrepresent the matter; for the true reasons why many persons in the country are not admitted to the seales are these. First, many are fraudulous in theire conversation; or 2dly, notoriously [Page] corrupt in their opinions; or 3dly, grosly ignorant in the principles of religion; or 4thly, if any have such knowledge and gifts, yet they doe not manifest the same by any publick profession before the church or before the elders, and so it is not knowne that they are thus qualified. And our churches may not receive men blind-foulded, or upon other mens creditt, when they shall refuse to give account of their faith or repentance, which is so expresly required, 1 Pet. 3.15. Matt. 3.6. Acts 8.37. Matt. 16.16, 17, 18. Few examples (if any) can be given of such as have manifested themselves to be so qualified and yet have beene refused meerely for scrupleing the covenant. And it is justly questionable whether such should be admitted to the seales, who will not be subject to the discipline appointed by Christ in his churches. For what is the covenant but a submitting themselves under the ordinances of Christ, as the same are exercised according to the rule of the word, in that church where such an one joynes as a member? Let a man professedly engage himselfe hereto, and (we suppose) our churches will rest satisfyed therewith. Our churches are not alone, nor the first that have walked in this way. The like course is held in the French and Dutch churches, and allowed by some of the chiefe patrons of the presbyterian way: As Mr. Rathbeard, Nar. p. 16. Mr. Rutterford, Due Right, &c. p. 85, 86, 88. Who doe grant, that when a member is admitted, &c. there is alwayes an implicite covenant (at least) which be now comes under. And if so, then what burden or danger can there be to any christians conscience, in expressing that by his words, which he must acknowledge and binds himselfe unto by his action? unles plain and open dealing be growne unlawfull. They say they see no light in Gods word for such a covenant, which may well be; for it appeares by other passages in theire remonstrance, that they have small acquaintance therewith, or else like not to come under the power of it. And it appeares also, by the offence they take, to be compelled to attend to it in the publick assemblies. They professe to [Page] approve of the covenant lately imposed by the honourable houses of parliament, and that they are all of them very willing to take such oathes and covenants as are expressions of theire desires of advanceing the glory of God and good of this place, &c. and yet they boggle at the covenants of these churches, which are wholely framed according to the same description. So as it is cleare, it is not want of light (as they pretend) but something in theire owne hearts, which they seeke to cover. For let them stand to that profession, and they can never stick at our covenants. And whereas they say they cannot perceive what our covenants are, because they are not one and the same in every church; they might as well say, they could not understand our prayers and sermons, because they differ also one from another in forme of words. For the difference of our covenants in the severall churches is no other. In substance (for ought we know) they all agree. And what ever the severall expressions may be, this sufficeth us (which we conceive to be intended by them all) that in this covenant we professe our engagement of relation to God, and one to another, in all the duties which belong to the publick worship of God, and edification one of another, according to the rule of the gospell.

Another matter which troubles them is, that they are compelled (under a severe fine) every Lords day to appeare at the congregation. The law which they account so severe is this: Any two assistants may fine or imprison such persons inhabiting here, as shall usually absent themselves from church meetings upon the Lords day, so as the fine exceed not 5s. for one offence. We cannot conceive that such sober and godly men as these remonstrants speak of, should feare any hurt by this lawe, for sure such persons need not to be compelled to resort to church meetings. Therefore it should seeme rather, that they would pleade for libertie for loose and irreligious persons, or for such as are tainted with such corrupt opinions as doe cause them to cast off all publick ordinances of Gods worship, or else they would not have the civill authoritie to meddle with [Page] men, for matters of the first table; and so they would have the 4th commandment to be ceremoniall, which expresly requires that all within our gates be looked unto, that they doe not violate the Lords sabbath, but sanctify it. And if they would have all men admitted to the seales of Gods covenant, they must either allowe they may be brought to the ordinary meanes of instruction, whereby they may be made fitt for the same; or else they confesse against themselves that they would have them admitted in theire ignorance and profanenes.

They are offended also at our lawe against Anabaptists. The truth is, the great trouble we have beene putt unto and hazard also, by familisticall and anabaptisticall spirits, whose conscience and religion hath been only to sett forth themselves and raise contentions in the country, did provoke us to provide for our safety by a lawe, that all such should take notice, how unwelcome they should be unto us, either comeing or staying. But for such as differ from us only in judgment, in point of baptism or some other points of lesse consequence, and live peaceably amongst us, without occasioning disturbance, &c. such have no cause to complaine; for it hath never beene as yet putt in execution against any of them, although such are knowne to live amongst us.

Another of their grievances is, that in some places they are forced to contribute to the maintenance of those ministers who vouchsafe not to take them into their flocke. They doe well to restraine this grievance to some places; for it is well knowne, that in many of our churches no such course is used. And sure we are, that none of these remonstrants were ever compelled so such contribution. And although the scripture saith the labourour is worthy of his wages, yet there are amongst us some, who live under the ministry of the word, themselves and theire families, yeare after yeare, and yet never contribute the worth of one penny to the maintenance thereof, though they have place in the assembly equall to any of theire ranke, and though the wives of some of them doe communicate [Page] at the Lords table, and their children are received to baptisme. And whereas they complaine that they are not accounted so much as brethren, nor publickly so called. The truth is, we account all our countrymen brethren by nation, and such as in charity we may judge to be beleevers are accounted also brethren in Christ. If they be not publickly so called (especially in the church assemblies) it is not for want of due respect or good will towards them, but only for distinction sake, to putt a difference betweene those that doe commuicate together at the Lords table, and those who doe not. As for that complaint of want of exercising christian vigilancie towards them, it is a most untrue and unjust charge. For it is evident in most places (and for ought we know) in all, that besides the publick prayers and instructions which is common to them with the members of the church, they are admitted (such as will) to private conference and prayers; they are visited in tymes of sicknes, &c. as occasion requires. If any faileing be in particular members in this kind, it is against the mind of the churches and the intent of the civill government. If some duties of church discipline are not exercised towards them, they can blame none but themselves, in that they refuse to submitt themselvs thereto.

Concerning the baptisme of the children of such as are not members of our churches, there is an assembly of the elders now in being, and therefore we think fitt to deferr any resolution about that and some other pointes concerning the church discipline, untill we shall understand theire conclusion therein, for further light in these things.

In theire conclusion, these remonstrants prognosticate what peace and felicitie we may certainely expect both in church and common wealth, if theire petition be granted, viz. that every man be left to his owne libertie, and no distinctions or qualifications observed, &c. which they might have illustrated by some examples, which we marvaile they omitted, especially haveing one so neere and fresh; we shall therefore help theire memory. They well know that some eight yeares since, here were a [Page] certaine companie (which were petitioners and remonstrants also though in another kind) who out of theire tendernes of libertie of conscience, and civill libertie withall, made greate disturbance both in church and civill state, but not obtaineing their desire, and fearing such a ruine to come upon us as these remonstrants foresee, they removed to Rhode-Island, where haveing given equall priviledge to all and established this as their basis, &c. that no man should ever be molested for professing his judgment, &c. they thought themselves the onely happy concording people under heaven. But, alas! it was but a dreame; it was not of God and therefore could not stand. For this liberty and equallity so fomented naturall corruption, as they presently fell at variance among themselves, and grew into three or foure opposite parts, which continue to this day; and instead of establishing church and civill state have overthrowne both.

Such peace, unity, prosperity, &c. is that which we may expect, if we will cast off the rules of Gods word, the civill prudence of all nations, and our owne observation of the fruite of other mens follies, and hearken to the counsell of these new statesmen. From which the Lord deliver us, and all the seed of Israell to the comeing of Christ Jesus. AMEN.

By the generall court, Increase Nowell, Sec.

Copy of a Letter from Mr. Symonds to Governor Winthrop, Jan. 6. 1646.

Sir,

I Thanke you for the intelligence you sent me before the fast day. I am sorry for the trouble you were put unto. Troubles and difficulties we must looke for (if we will reere a building to the Lord) but the encouragement exceeds when we consider the worke is his. [Page] I am informed that coppies of the petition are spreading here, and divers (specially young men and women) are taken with it, and are apt to wonder why such men should be troubled that speake as they doe; not being able suddenly to discerne the poyson in the sweet wine, nor the fire wrapt up in the straw. And allbeit I do conceive this towne* affords very few malignants, yet withall I doubt not but here are some active spirits for any such project once sett on foote. I am informed of the suspicious expressions here and there of some, but I shall attend full matter, and the fittest season, before I thinke meet to meddle with them. I perceive that our people here when through the cunning of some and mistake of others, any doubts concerning the publique proceedings are in minds, they are soone satisfied when they are rightly informed. Upon these and such like considerations I do desire you would hasten the sending of a coppy of the courts answere to the petition and remonstrance, also of the charge of their answere thereunto, and also of a reply (if any be made unto it) if none be made, then a coppy of the reply to their answer in the first particular, which I suppose is with the rest in Mr. Secretaries hands. If it be not too much trouble to you I should desire now and then a few lines from you how matters proceed at the Bay. Its none of the least poynte of the petitioners policie to beare people in hand of multitudes to be of their mind; but its conceived that its a meere empty vant, for except a few (not affected to religion, and others erroneous in opinions) the people are firme.

Yours in him who ever watcheth over us, S. S.

6th 11th, 46.

I Had ended as you see what I intended at this tyme, but it being still in my hand I thought good to add a little more. The scope of what I would expresse is, to observe Gods providences in mans motions at this tyme seeme plainly to tend to settle his people here, and to recover new English spirit for Christs kingdome againe. [Page] The irregular departure of some causeth a deeper search of heart, wherefore God hath brought his people hither, (I will briefly mention Gods ends, as I conceive them, by and by) and the plotting of others under the alluring notion of liberty, thereby to winne the opinionists and looser sort, causes the solid christians to prize the rare and rich liberty which God hath given them, and they have deerly purchased, (viz. in respect of men in this their great adventure) at a very high rate. Is not government in church and common weale (according to Gods owne rules) that new heaven and earth promised, in the fullnes accomplished when the Jewes come in, and the first fruites begun in this part New England, though neglected by many and opposed by some? Now to name what seemes to be Gods ende in bringing his people hether, whatever more there may be which tyme may yet discover.

1. To be an occasion to stirre up the zeale of the two nations to sett upon reformation of religion, and that with good successe.

2. To have liberty and power to sett up Gods owne ordinances in church government, and thereby to hold forth matter of conviction to the episcopacy and others that this way of church government and civill government may stand together.

3. To exercise the graces of the richer sort in a more mixt condition, they shall have the liberty of good government in their hands, yet with the abatement of their outward estates. And that the poorer sort (held under in England) should have inlargement.

4. To afford a hiding place for some of his people that stood for the truth while the nation was exercised unto blood.

5. To have an opportunity to trayne up a godly skillfull soldiery, which shortly may be imployed against that blasphemous citty. And to these may be added (at least a sprinkling) of godly seamen, formerly rare in the world.

6. To make this place a rendezvous for our deare English friends when they shall make their voyages to the West Indies, to dry up that Euphrates.

[Page]7. To be hopefull instruments in Gods hand to gaine these Indians to Christs kingdome. Which mercy if attained in any considerable measure will make us goe singing to our graves.

I will also mention the text preached upon at our last fast, and the propositions raised thereupon, because it was so seasonable to New-Englands condition, and so prosecuted, that did you see a coppy I thinke you would desire the sermon to be sett forth in printe for publick advantage.

Jeremy 30.17. For I will restore health to thee, and heale thee of thy wounds, saith the Lord: because they called thee an outcast, saying, this is Zion whom noe man careth for.

1. Prop. That sick tymes doe passe over Zion.

2. That sad and bitter neglect is the portion and aggravation and affliction of Zion in the tyme of its sicknes and wounds, but specially in the neglect of those that doe neglect it, and yet notwithstanding doe acknowledge it to be Zion.

3. That the season of penitent Zions passion is the season of God's compassion.

This sermon tended much to the settling of godly minds here in Gods way, and to raise their spirits, and as I conceive hath sutable effects.

I think the magistrates, &c. may justly long for a happy conclusion of the Synod, that they may attest to the government of Christ in his church, and that they may with renewed vigor attend the mighty providences in these tymes and opportunities for the advance of Christs cause, the elders being soe zealously sett thereupon.

Sir, its conceived this place will prove either very honourable or very meene and contemptable, according as religion is attended or neglected.

If you thinke it meete, I pray send also a coppy of their petition found in Dands studdy, its directed to the commissioners.

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Copy of a Letter from Mr. Richard Vines* to Governor Winthrop.

Right Worshipful and ever honored Sir,

I Undertake not to give you a relation of this island, presuming you knowe more thereof than I can expresse. But my reall respects to your worthyness enjoyne me to salute you with a lyne or two, not only to shew my gratefulnes for former favours, but still desiring to keep correspondency with you who have alwayes respected me beyond my deserts. I shall be joyfull you had any service here to command me, to make good my poore expressions in reall actions.

This gentleman, Mr. John Mainford merchant, is coming to your porte to trade for provisions for the belly, which at present is very scarce, by reason of 5 or 6 months daythe, and not that only, but men are so intent upon planting sugar that they had rather buy foode at very deare rates than produce it by labour, soe infinite is the profitt of sugar workes after once accomplished. I have by Gods assistance settled my selfe in two plantations adjoyning, containing 50 acres, the which I hope after 6 months will mayntayne me and myne comfortably, besides my practice of phisick which is worth at least 10000lb. of tobacco per ann. declare, yett, it is hard with me by reason of my great payments for my plantations and negroes and other necessary disbursments already paid to the value of 40000 lb. of tobacco, which keepes me bare at present; I doubt not but the next crop (proving well) but to be better able to live than I have been many yeares.

Mr. Parker with his wife and family are well seated in a good plantation of 20 acres, besides a good stipend and many good guifts, well approved of in his function, opposed by none, unlesse by antinomians and such like. I blesse God my family continue in good health, all liking the island well, notwithstanding their change of dyett, [Page] which at present is but slender, yet far from want. I feare not but within 6 months to live as plentifully as any man upon this island, according to my proportion. I have at present 16 accres of cotton planted at the least, as much corne for my provisions, bysides tobacco. The next yeare I intend for sugar, at present I cannot. Thus ceasing farder to trouble you, save with my respective service to yourselfe, your virtuous wife, with your sonnes and daughters, and to the reverend divines Mr. Cotton and Mr. Wilson, to my worthy friends Maj. Gibbons and Mr. Hill, leaving you all to Israells protector, resting

Your assured friend and servant, Rich. Vines.

Barbadoes, July 19th, 1647.

Mr. Richard Vines's Letter to Governor Winthrop, about the Sickness in Barbados.

Barbadoes, 29th April, 1648.

Right worshipfull, and my ever honored friend,

YOUR kinde letter of the 24th of August I received, which was most wellcome unto mee, esteeming it a high favour that you will vouchsafe to keepe corespondency with so undeserving a friend. I perceive by your letter that the Lord did shake his rod over New-England, it was his greate mercy only to put you in remembrance. We have felt his heavy hand in wrath, and yet I feare not sensible of it, for here is little amendment, or notice taken of his great punishments. The sicknes was an absolute plague; very infectious and destroying, in so much that in our parish there were buried 20 in a weeke, and many weekes together, 15 or 16. It first seased on the ablest men both for account and ability of body. Many who had begun and almost finished greate sugar workes, who dandled themselves in their hopes, but were suddenly laid in the dust, and their estates left unto strangers. Our [Page] New-England men here had their share, and soe had all nations especially Dutchmen, of whom died a great company, even the wisest of them. The contagion is well nigh over, the Lord make us truly thankfull for it and ever mindful of his mercy. I saw your son here, he made but little stay, but went for Christophers with his cargo; he is a very hopeful gentleman. If the Lord please to send him here agayne or any other of your sonnes, I shall be ready to serve them in what I may. I here the Lord hath graciously recompenced your incomparable losse with another most vertuous and loving wife, many and happy be your dayes together.

Sir, I shall take it as a great blessing from God to give me a good occasion to serve you or any of your children, here or else where, that I might exercise my thankfull remembrance for all former courtesies.

No more at present but my humble service to yourselfe and vertuous wife, and to all your sons and daughters. Committing you all to the protection of almighty God.

Ever resting your assured loving friend, and servant, Rich. Vines.

I pray Sir be pleased to present my best Service to Mr. Dudley, Mr. Bellingham, Mr. Stibbins, and the two reverend ministers Mr. Cotton and Mr. Wilson.

Copy of a Letter from William Coddington to Governor Winthrop.

Right worshipfull and beloved in our Lord Jesus,

I Doe rejoyce in the Lords mercey, grace and favour to you, in bestoweing of you a meet helper, and now againe establishing you a governor over his people. Sir, this bearer, Capt. Partridge, hath requested me to signify [Page] to you what I know concerneing Robt. Nashes dealeings with him, viz. he sould him some fatt cattell in August last at an under raite, to be paid in bever, he hath deferred him from tyme to tyme, and the last tyme I was in the Bay promised him before me, if he had it not to returne by that ship he would give him double the value (which he doth not stand upon) and now is forced to seeke his owne. I doubt not you will be pleased to afford him that justice as the equitie of his cause may require. Sir, this bearer and Mr. Balstone, and some others of this island, are in disgrace with the people in Providence, Warwick and Gortons adherents on the island, for that we will not enterposse or meedle at all in their quarrills with the Massachusetts and the rest of the colonyes; and doe much feare that Gorton will be a thorne in their and our sides, if the Lord prevent not; but I hope shortely to see you, and to speak with you, and therefore shall for the present sease from writeing, but not from remayneing

Newport, May 25. 1648.

Yours ever, Wm. Coddington.

Copy of a Letter from Mr. Hopkins* to Governor Winthrop.

Much honoured Sir,

I Received yours of the 26th past, and have much cause to acknowledge your great love in the paynes you tooke to answer my desire in the case propounded. I find a generall concurrence almost, with your thoughts therein, by all I have consulted with, soe that I dare not, having such a streame of advice to the contrary, resolve to returne, untill more of the mind of the Lord appeare that way, though I find not my heart soe quieted in that determination as I hoped it would. Your prayers I nead and begg, that that the Lord would at length satisfy me with himselfe in this sad and great tryall which almost overwhelmes my spiritt.

[Page]I hoped ere this to have receaved from you Mr. Bradfords resolution concerning meeting Mons. Stuyvesant* here. You will understand by my father Eatons former letters to yourselfe, that his thoughts inclyne to alter the commissioners meeting from Plymouth to this place for this year, if our friends at Plymouth be content therewith. I much desire to understand the issue of your thoughts there, that occasions may be ordered accordingly, and the Dutch governor have notice in seasonable tyme of the meeting. We are much ingaged to your love in the ready willingness you express to undergoe soe great a journey upon the service of our peace. The good Lord answer the holy endeavours of his servants with answerable successe, and grant us his peace in all things by all means. I have noe more tyme at present but to scribble these few lynes in much haste and to subscribe myselfe

Yours by many ingagements ready to serve you in what I may, E. Hopkins.

Hartford, 21st June, 1648.

Application from Rhode-Island to the Commissioners of the United Colonies and their Answer.

MR. William Coddington and Capt. Partridge of Roade-Island presented this request to the Commissioners in writeing. Our request and motion is in the behalfe of our island, that we the Islanders of Roade-Island may be received into a combination with all the united colonies of New-England, into a firme and perpetuall league of friendship and amitie, for offence and defence, mutuall advice and succour, upon all just occasions, for our mutuall safety and welfare, and for preserving of peace amongst ourselves, and preventing, as much as may be, all occasions of warre or differences, and to this our motion we have the consent of the major part of our island.

William Coddington,

Alexander Partridge,

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To which motion the Commissioners returned this answer under their hands.

Mr. Coddington and Capt. Partridge,

THE Commissioners for the united Colonies have considered what you have propounded, either by speech or writeing, and find your present state and condition full of confusion and danger, having much disturbance amongst yourselves, and no securitie from the Indians, they desire therefore in severall respects to afford both advice and helpe. But upon perusall of the ancient patent granted to New Plimouth, they find Roade Island (upon which your plantations are settled) to fall within theire lyne and bounds, which the honourable Committee of Parliament thinke not fitt to streighten or infringe, nor may we. If therefore yourselves and the inhabitants, or the most considerable parts of them, upon a due consideration of Plimouths patent and right, acknowledge yourselves within that jurisdiction, we shall consider and advise how you may be accepted upon just tearmes, and with tender respect to your conveniencie, and shall after afford you the same advice, protection and help which other plantations within the united Colonies enjoy, which we hope in sundry respects may tend to your comfort and safety.

September 8, 1748.

Copy of a Letter from Mr. Symonds to Governor Winthrop, about the Synod.

Sir,

I Understand it is your purpose to vizitt us and afford your presence this court; pray let no small matter deprive us of our desire and expectation; and we should be glad to see Mrs. Winthrop here (if with conveniency it might be) And I pray bring with you a coppy of the vote of the Synod concerning the confession (not of discipline) [Page] but of doctrine and faith; which you may have, I suppose, of Mr. Cotton, Mr. Elyott, or of Mr. Allen of Dedham, if your man ask for it. Thus with our best respects presented I rest

Yours ever, S. Symonds.

19th 7th, 48.

Copy of a Letter from Edward Winslow, Esq to the Commissioners of the United Colonies.

Gentlemen,

REeceaving a letter from you, notwithstanding the large letter sent by the corporation to yourselves, I cann doe no lesse than give you thanks for your respect therein to myself, and care of mee, least I might sink under the pressure of following the publick busines at my private charge, the time is not as yet come for me to expect any reliefe, there being very little of the collections come into the treasury, more than what hath been expended in printing, &c. and paying Mr. Jenners library, which I desire may be looked after according to the cattalogue sent over. For his necessities pressed us to a present disbursement of thirty pounds, and to recover it againe would be a hard matter, yea too hard for us, he living in Norfolk; but a word is sufficient, it is better to loose some than all. I shall speedily write to Mr. Weld and acquaint him also with the readines that is in the corporation to pay the thirty four pounds to him also (having order so to doe) for his library left with Mr. Elliott, so that I trust that gapp will be soone stopped. The collection is hopefully begun in London, and I believe will arise to a considerable some, but you would wonder to heare the severall sorts of objections that are made against it by men that after all are ashamed to neglect it, as what have we to doe to raise great sumes to promote the gospell among naked people, the gospell is going away from us, and we helpe it forward, we have more neede to support learning at home then abroad; and then our levellers will [Page] have nothing to doe to advance humane learning, there is too much of it already; and yett notwithstanding it goes hopefully on, &c. Yesterday (as I am informed) Mr. Coddington* had something done for him at the counsell of state, which I believe was his pattent confirmed, for the truth is since I perceaved by letters from Plymouth that after another years warning nothing is likely to be done in reference to the old order of lords and commons sent over in (47) as I take it I looked upon it as a vaine thing to strive against the streame, when as indeed that was the maine matteriall objection above a twelve month since, which I could not answer, that we had such an order but never looked after the performance thereof, nor made any retourne upon it, and if I could not then answer it, how much lesse now after another yeare, if not eighteen months expiration, but the will of the Lord must be done; however I suffer in my reputation here, to make so great a bustle forced, and then to let all fall at last; had I not had particular instructions from Plimouth herein I had never stirred in it, but I shall be more warey heereafter how I ingage in busines of that nature, yet when I have said it, shall not dare to neglect the least service wherein any or all the united colonies are concerned. Here is a great murmuring at the great provisions of powder and shott the severall shipps gett license for, yeare after yeare, 40 barrells of powder and 50 barrells is an ordinary proportion to a shipp, nay sometimes 100, and lead and arms proportionable. Its laid to our chardge, that being custom free, we inrich ourselves by furnishing Barbadoes and Virginia, though enemies, &c. with that and other commodities, and there hath been upon that very accompt a serious debate about revoking our free custome and excise. I have laboured in it, and satisfyed many of the Parliament and Counsell of State, of your care not to suffer any powder more than shipps store▪ to be transported away, that we are faine to land all we bring hither for feare of fireing the shipps in the river, and must gett license for that also upon [Page] retourne, that the master is forced to take license for more than he buyes that he may beare out his passengers particular stores. I have shewed them how many shipps and their lading we have lost for their sakes by the kings party, told them what profitts they had by the retournes of New England, for whether they went for Spaine, Streights, Barbadoes, &c. they all pay custome and excise home; that we only had suffered with and for them and, for their sakes, were hated of all the English abroade. This hath made a present stopp, but I assure you it concernes the countrie to take notice of it and be carefull that our merchants and such as trade thither abuse not the freedom we enjoy, nor know I better to whom to imparte it than to you the Commissioners that are the representatives of the united Colonies. I pray God direct you herein, amongst other the weighty occasions of the countrie, &c.

Gentlemen,

your humble servant, Edw. Winslow.

London, Aprill 17. 51.

The Answer to the foregoing Letter followeth.

Honored Sir,

WE have received yours of the 17th of Aprill past, and therein take notice of your continued respects to this countrie, and uncessant endeavours for promoting the welfare of the poore natives; we have also seene the invoyce of the goods sent,* which as we understand are taken up at Boston according to the tennor of the bills of lading, and secured by those to whose care you committed them. It is some disadvantage that the prices of the severalls are not mentioned, which for future you may please to rectifie; we shall endeavour, through the grace of Christ, that what comes to our hands may be improved to the best advantage of the worke, as it comes under our view; and [Page] that such account be kept of the disposall thereof and retourned to you, as may (if not fully answer the expectation of all who are concerned) yet evidence our faithfullnes in the trust committed to us. In order whereunto we have deputed Mr. Edward Rawson of Boston as our steward or agent, to receive what is sent, dispose and keep accompts of the same, according to such order as he receiveth from us, and notice shall be taken, according to your desire, what difference there is in the proofe of the tooles now sent; we shall enquire after the catalogue of Mr. Jenners library, and endeavour that neither your nor our ends may be frustrated. It is apprehended by some that, according to the intent of the act of Parliament, an eye may be had in the distributions to the enlardging the colledge at Cambridge, whereof is great neede, and furtherance of learning not so immediately respecting the Indian designe; though we fully concurre not, yett we desire to know what the apprehensions of the honnored Corporation are herein: If the one might receive some encouragement without prejudice of the other, we hope the kingdome of our Lord Jesus, the gennerally professed end of all interested in the worke, may be advanced thereby. It hath been and is the great care of the governments in the severall colonies, that the immunities graunted by the honorable Parliament* may not be abused by any of ours, and therein have had a speciall respect to the trade of powder; which we cannot but fear hath been too exorbitantly managed, by some, though the welfare of the colonies, in many respects, are deeply concerned and hazarded; we shall adde what strength we may to the fences already made, that if no other considerations will prevaile, selfe-concernment may deterre. Though we have not understood that any from us hath been transported to Barbadoes or Virginia; the great inconvenience we lye under is from that mischievous trade of guns, powder, shott, &c. carryed on by French, Dutch, and Swedes, with the Indians, and temptations arising to some of ours thereby, which hath occasioned many to urge a setting open that trade amongst ourselves, [Page] conceiving that (as the case stands) the best way to putt a check to that current it now runs so strongly in; but we have been slowe herein, nor dare we yett sett open such a doore, yett could be willing to understand from you what interpretation you conceive would be made by the state there, if restreints, upon the aforementioned considerations, should for a time be taken off. We understand Mr. Eaton* hath written to you at large about their just title to considerable parts of land on both sides of Delaware bay and river, how they were formerly disturbed in their trade and planting, by force and other unlawfull practices both of Dutch and Swedes, yourselfe may remember; and he hath acquainted you with a late unneighbourly and injurious carriage of the Dutch Governor, when at least 50 of New-Haven jurisdiction were on their way to plant there, but were staied, imprisoned and forced to retourne with great losse to those interrested in that designe, and hath desired your helpe in procuring a patent. These things, by a petition from these concerned in the late losse and disappointment, have been recommended to our consideration. We are justly sensible of the dishonour putt upon the English nation by this unjust affront, of our duty to preserve the English title to so considerable a place as Delaware, and that a just repaire and satisfaction be made to those so wronged both in their persons and estates and, from you, desire information what esteem the old pattents for that place have with the Parliament or Counsell of State, where there hath been no improvement hitherto made by the pattentees; whether the Parliament hath graunted any late pattents, or whether in graunting they reserve not libertie and encouragement for such as have or shall plant upon their formerly duely purchased lands; as also how any engagement by the colonies against the Dutch upon the forementioned occasion will be resented by the Parliament, of which we desire information by the first, &c.

Your loving friends.

Newhaven, 11. September, 1651.

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Copy of a Letter from Mr. John Cotton to Lord General Cromwell.

Right Honourable,

FOR so I must acknowledge you, not only for the eminency of place and command which the God of power and honour hath called you unto; but also for that the Lord hath sat you forth as a vessell of honour to his name, in working many and great deliverances for his people, and for his truth, by you; and yet helping you to reserve all the honour to him, who is the God of salvation, and the Lord of hoasts, mighty in battell. I am not ignorant that you suffer no small dishonour in the tongues of many, not only as a sectary, but as out of your calling, being sat on worke (as is pretended) by an usurped power, and yourselfe (with the army) exercising a power destructive in some cases to the priviledges of parliament, and the liberty and safety of the kingdome. But 3 or 4 principles there be, upon which it seemeth to me your proceedings have been grounded and carryed on, and whein my judgment (reasonable it is) hath been fully satisfyed: 1. That the concessions of the late king never came up to such a posture as whereon to lay a firme foundation of a safe peace, either to church or commonwealth. 2. That when the Parliament was full, and assisted with the commissioners of Scotland (in the treaty at Uxbridge or Newport, or elsewhere) they agreed together that the king could not be restored to his former state upon such termes. And therefore (unles his concessions afterwards in the Isle of Wight were more safe and satisfactory)* if the Parliament of England voted the contrary afterwards, in a mighty consultation, it was not an act of Parliament, but a praevarication of a former just and lawfull act. And therefore, when the army discerned, not only their owne safetyes, but the safety of religion and state, and their cause and victoryes given in defence thereof, all of them given away in that praevarication, I know not how they could have [Page] approved their faithfullnesse better to the state and cause, then by purging the Parliament of such corrupt humours, and presenting the king to publique tryall. 3. That the army, though they be inferiour and subordinate to the state that giveth them commission and pay; yet neither their consciences nor services are mercenary, though they doe receive wages for their support in the service; though soldiers may take oathes of fidelity to the state, in undertaking an expedition, yet they, regarding the cause as well as the persons that set them on worke, doe performe their fidelity, if they attend to the cause for which they fight, rather than to the private ends or lusts of such as send them forth. Joab (the generall of Davids hoast) though he went beyond his commission in putting Absalom to death, yet not beyond his fidelity. 4. That when covenants are plighted, which consist of many articles (some principall and fundamentall, others subordinate and accessary) if it so fall out that all the articles cannot be performed without breach of some or other, there may be just cause of repenting the undertaking of such covenants; but yet, if some articles cannot be performed without breach of others, the covenanters must chiefely attend to the performance of the principall articles, though (with griefe) they be put to it to violate the subordinate. These things are so cleare to mine owne apprehension, that I am fully satisfyed, that you have all this while fought the Lords battells, and the Lord hath owned you, and honoured himselfe in you, in all your expeditions, which maketh my poor prayers the more serious and faithfull and affectionate (as God helpeth) in your behalfe. In like frame (as I conceive) are the spirits of our brethren (the elders and churches of these parts) carried forth, and the Lord accept us, and help you in Christ.

If you aske upon what structure I have made thus bold to addresse myselfe in these rude lynes to your Lordship, I must acknowledge it is abhorrent from my native bashfullnesse to run into the presence of great men: But I received the other day a letter from my reverend brother Mr. Hooker of Newhaven, who certifyeth me that your Lordship made speciall mention of me in your late letters [Page] to him, with tender of loving and more respectfull salutations than I could expect; withall he moved me to write to your Lordship, as believing you would accept the same in good part. This is my excuse, such as it is.

The Scots, whom God delivered into your hands at Dunbarre, and whereof sundry were sent hither, we have been desirous (as we could) to make their yoke easy. Such as were sick of the scurvy or other diseases have not wanted physick and chyrurgery. They have not been sold for slaves to perpetuall servitude, but for 6 or 7 or 8 yeares, as we do our owne; and he that bought the most of them (I heare) buildeth houses for them, for every 4 an house, layeth some acres of ground thereto, which he giveth them as their owne, requiring 3 dayes in the weeke to worke for him (by turnes) and 4 dayes for themselves, and promiseth, assoone as they can repay him the money he layed out for them, he will set them at liberty.

As for the aspersion of factious men, I hear, by Mr. Desboroughs letter last night, that you have well vindicated yourselfe therefrom by cashiering sundry corrupt spirits out of the army. And truly, Sir, better a few and faithfull, than many and unsound. The army on Christs side (which he maketh victorious) are called chosen and faithfull, Rev. 17.14. a verse worthy your Lordships frequent and deepe meditation. Go on therefore (good Sir) to overcome yourselfe (Prov. 16.32.) to overcome your army, (Deut. 29.9, with v. 14.) and to vindicate your orthodoxe integrity to the world.

Pardon, I beseech you, my boldnesse and rudenesse, which not arrogancy but due respect and observancy to your Lordship hath put upon me.

The Lord Jesus who is your righteousnesse goe before you, and the glory of the Lord be still your rearward, Isai. 58.8. Thus humbly taking leave, I remain,

desirous of the accomplishment of the Lords worke in your hands, John Cotton.

Boston in N. E. 28. of 5th, 1651.

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Copy of a Letter from Lord General Oliver Cromwell to Mr. John Cotton.

Worthy Sir, and my christian friend,

I Receaved yours a few dayes sithence, it was welcome to me, because signed by you whome I love and honour in the Lord, but more to see some of the same grounds of our actings stirring in you, that does in us to quiet us to our work and support us therein, which hath greatest difficulty in our engagement in Scotland, by reason we have had to do with some, who were (I verily think) godly, but through weakness and the subtilty of Sathan, involved in interests against the Lord and his people: With what tenderness wee have proceeded with such, and that in syncerity, our papers which (I suppose you have seen) will in part manifest, and I give you some comfortable assurance off. The Lord hath marvelously appeared even against them; and now again when all the power was devolved into the Scottish Kinge and the malignant partie, they invading England, the Lord has rayned upon them such snares as the enclosed will shew, only the narrative is short in this, that of their whole armie, when the narrative was framed, not five of their whole armie were returned. Surely Sir, the Lord is greatly to be feared, as to be praised, wee need the prayers in this as much as ever. How shall wee behave ourselves after such mercy? What is the Lord a doinge? What prophesies are now fulfilling? Who is a God like ours? to know his will, to do his will are both of him. I took this liberty from business to salute you thus in a word, truly I am readie to serve you and the rest of our brethren and the churches with you. I am a poore weak creature and not worthy the name of a worme, yet accepted to serve the Lord and his people, indeed my deare friend between you and me you know not me, my weaknesses, my inordinate passions, my unskilfulness, and every way unfitnesse to my worke, yet, yet, the Lord who will have mercye on whome he will, does [Page] as you see. Pray for me, salute all christian friendes though unknown, I rest

Your affectionate friend to serve you, O. Cromwell.

Oct. 2d. 1651.

This letter was copied from the original all wrote with the Protector's own hand.*

Copy of a Letter from Mr. William Arnold to the Governor of Massachusetts.

From Pautuxit this firste day of the 7th mo. 1651.

Much honoured,

I Thought it my dutie to give intelligence unto the much honoured court of that which I understand is now working here in these partes. So that if it be the will of God, an evill may be prevented before it come to too greate a head, viz.

Whereas Mr. Coddington have gotten a charter of Roade Iland and Conimacucke Iland to himselfe, he have thereby broken the force of their charter that went under the name of Providence, because he have gotten away the greater parte of that colonie.

Now these company of the Gortonists that live at Showomut, and that company of Providence are gathering of 200 £. to send Mr. Roger Williams unto the Parlyament to get them a charter of these partes, they of Showomut have given 100£. already, and there be some men of Providence that have given 10£. and 20£. a man to helpe it forward with speede, they say heere is a faire inlett, and I heare they have said, that if the Parlyament doe take displeasure against Massachusitt, or the rest of the colonies, as they have done against Barbadas and other places, then this will serve for an inroade to lett in forces to over-runne the whole country.

[Page]It is greate petie and very unfitt that such a company as these are, they all stand professed enemies against all the united colonies, that they should get a charter for so smale a quantity of land as lyeth in and about Providence, Showomut, Pautuxit and Coicett, all which now Roade Iland is taken out from it, it is but a strape of land lying in betweene the colonies of Massachusits, Plymouth and Conitaquot, by which meanes, if they should get them a charter, off it there may come some mischiefe and trouble upon the whole country if their project be not prevented in time, for under the pretence of liberty of conscience about these partes there comes to lieve all the scume the runne awayes of the country, which in tyme for want of better order may bring a heavy burthen upon the land, &c. This I humbly commend unto the serious consideration of the much honored court, and rest your humble servant to command.

William Arnold.

They are making hast to send Mr. Williams away.

We that lieve heere neere them and doe know the place and hear their wordes and doe take notice of their proceeding doe know more and can speake more of what evill may come to the country by their meanes, then the court do yet consider off: We humblie desire God their purpose may be frusterated for the country's peace.

I humblie desire my name may be conceled lest they hearing of what I have herein written they will be enraged against me and so will revenge themselves upon me.

Some of them of Showomut that cryeth out much against them which putteth people to death for witches for say they there be no other witches upon earth nor devils, but your own pastors and ministers and such as they are, &c.

I understand that there liveth a man amongst them that broke prison either at Conitaquit, or New-Haven, he was apprehended for adultery, the woman I heare [Page] was put to death, but the man is kept heere in safetie in the midest of the united colonies; it is time there were some better order taken for these partes, &c.

I have hired this messenger on purpose. I humblie desire to heare if this letter come safe to your hands.

* Copy of a Letter from the Commissioners of the United Colonies to the Governor of Canada.

Most illustrious Sir and much honoured Gentlemen,

WE have receaved your severall letters perused your Commissions, presented by your honoured agents, and seriously considered what hath been by them either in writing or conference propounded, concerning those injurious and hostile attemps made by the Mohawks upon some of your neighbouring eastern Indians, of whom (as we are informed) some are converted to the christian faith, and others are willing to be taught and may in tyme prove disciples to our saving Lord and master, and as such we pitty them, but see not how we can protect or afford the helpe desired, without exposing the small English plantations and our owne neighbouring Indians (of which some also professe christianity) to danger; we give due creditt to your deputies, and can conceave you may have just ground for a warre, but we have yett no just cause of quarrell with the Mohawkes, nor is it safe for us to engage in a controversy which we neither doe nor have meanes satisfyingly to understand, the Mohawkes neither being in subjection to nor in any confederation with us; we are free to hold a neighborly correspondency with you, and would have settled a free commerce betwixt the English and French colonies, but your agents thought it either unseasonable till matters were composed betwixt the Mohawkes and your Indians, or else propounded such restrictions as would have taken away all conveniencie and [Page] freedome from the trade. What hath hindred our present closing, the enclosed writing will shew, but if a fitter opportunity be offered we shall not be wanting to contribute to a more satisfying issue. In the meane time we rest.

New-Haven, Sept. 6. 51.

An Answer to the Propositions presented by the honored French Agent to the President and Commissioners for the English united Colonies.

1. UPON due consideration and respect of what the honnored deputyes from the illustrious Governor of New-France have informed and upon experience ourselves have had of the insolency and treachery of some of the barbarians, we can conceive and grant, that the French and those easterne Indians may have just grounds to their owne safisfaction, for a warr against the Mohawks.

2. The English looke upon all such Indians as receive the yoke of Christ with another eye than upon those that worship the Divell.

3. The English desire by all just meanes to keep peace (if it may be) with all men, even with these barbarians.

4. The Mohawkes, living at a distance from the sea, have little intercourse in these parts, but in the warr the English had with the Indians 14 or 16 yeares since, the Mohawkes shewed a reall respect, and have not since done any knowne hostile acts against them.

5. The English engage not in any warr before they have full and satisfying evidence, that in all respects and considerations it is just, and before peace upon just termes hath been offered and refused.

6. The Mohawkes are neither in subjection nor league with the English, so that we can neither require any account of their warres, or other proceedings, nor have we meanes to informe ourselves what they can say for themselves.

7. If all other considerations were cleered, to make warr with the Mohawkes may endanger all our neighbour [Page] Indians (of which divers professe christianity) and the rest doe rather expect just protection than that we should expose them, by our voluntary invading the Mohawkes.

8. Though the English in these jurisdictions are free to performe all neighbourly offices of righteousness and peace, towards the French collonie, yet they foresee they can neither permitt volunteeres or auxilliary forces to be taken up against the Mohawkes, nor that the French or eastern Indians passe through the English jurisdictions, to invade them, but they shall expose both the christian and other Indians and some of the smaller English plantations to dainger.

9. The English are much unsattisfied with that mischievous trade the French and Dutch have had and still continue, selling gunns, powder and shott to all the Indians, of which we have dayly complaints, and by which the Indians are animated and apt to grow insolent not only against Indian converts and catechumens, but against the christians of Europe.

10. If the English colonies were assured of the justice of this warre, and engaged with the French to prosecute against the Mohawkes, yet we have no such short and convenient passage either by water or land to approach them, as may be had up Hudsons river, to and beyond Aurania forte, which is in the Dutch jurisdiction.

11. They hope the auncient peace and amitye betwixt England and France will be continued and confirmed, which they both desire and as far as lyes in them shall by all due meanes readily promote.

12. They conceave that the honored deputies have power and authoritie at present to agree and settle a free commerce betweene the English and French colonies in these parts, but if the said deputyes, upon reasons knowne to themselves, see cause to limitt the English colonies to such restrictions, or rather prohibitions as the unpriviledged French are under, that they may not trade till they have first procured a particular licence from the Governor and Councell of New-France, at least till they have issued the [Page] present differences and settled peace with the Mohawkes, a fitter season for these treaties must be attended, which the Commissioners shall readily improve when it is presented.

The English Colonies, as in the 2d article, are ready upon a fitt opportunity to shew all due respect to all truly converted and christian Indians, and much more than to others, but while they live at such a distance from the English jurisdictions they neither may promise nor afford them any protection to secure them from dainger.*

Concerning the life of the famous Mr. Cotton, teacher to the church of Christ at Boston in New-England.

WHAT I have to adde concerning the life of this blessed man of God now tryumphing in glory, to what hath been already set forth by the reverend Mr. Davenport, the worthy pastor of the church of Christ at New-Haven, I shall hold forth in these particulars. 1. Concerning the place of his birth and education, till he went to the university and his abode in Cambridge. 2dly, Concerning his removall from Cambridge to Boston in Lyncolnshire, and what he met with and did there. 3dly. Concerning his departure from thence into New-England, and what service the Lord made him an instrument of in that remote country. For the first,

The place of his birth was the towne of Derby, the most eminent place in that country; his father trained him up to such learning as the schoole afforded, for the fitting him for Cambridge, whither he went when he was very young, at 13 years of age, and was admitted into the famous society of Trinity-College, where he fell soe hard to his studie, and soe profitted in the knowledge of the tongues and arts that he had undoubtedly beene fellow there, but that at that time their great hall was then [Page] in building, which caused such expences to them that the election was put by or at least deferred till some longer time. And this providence I cannot passe by concerning him, that his father (whose calling was to be imployed in the studdy and practise of the law) had not many clients that made use of his advice in law matters before, it pleased God after he was gone to Cambridge, to put his father upon great practise, soe that he was very able to keepe him there and allow him liberall maintenance; insoemuch that the blessed man said, God kept me at the university. From Trinity colledge he removed to Emanuel colledge, the happy seminary of learning and piety, where he was honoured with a fellowship in that society, after a diligent and strict examen, according to the statutes of that house: wherein this is worth the taking notice of, that when the poser came to examine him in the Hebrew tongue, the place where he was to be examined was that in Isai. 3. that speakes against the bravery of woemen, which hath more hard words together than any place in the Bible within soe narrow a compasse, and might have posed a very good Hebrician, but he was very ready at it, and all those difficult words were easy to him. Afterwards he was head-lecturer and dean and catechist in the colledge, and was a diligent tutor to many pupills and very much beloved of them: His exercises that he performed in the colledge, whether in way of common-place or dispute, wanted not sinnewes and strength, were highly commended and applauded of those that knew him. The first time that he became famous throughout the whole university, was from a funerall oration which he made in latine for Doctor Some, who was Master of Peter-house, which was soe elegantly and oratoriously performed that he was much admired for it by the greatest witts in the university. After that, being called to preach at the university church called St. Maries, he was yet more famous for that sermon, and very much applauded by all the gallant schollars for it: After that, being called to preach there againe, God helped him not to flaunt, as before, but to make a plain, honest [Page] sermon, which was blessed of God to famous Dr. Preston's soules eternal good: His Concio ad Clerum, when he tooke his degree for Bachelor of Divinity, which was after he had beene at Boston halfe a yeare or more, was very much admired and applauded more than he desired; his text was out of Math. 5.13. Vos estis sal terrae, quòd si sal infatuatus fuerit, quo salietur? In handling of which, both the matter and the rhetorical streighnes, elegancy of phrase, and sweet and grave pronunciation rendered him yet more famous in the university; and soe did his answering of the divinity act in the schools, though he had a very nimble opponent, Mr. William Chappel by name, who disputed with him.

2dly. Concerning his removal from Cambridge to Boston in Lyncolnshire, this is to be saide, that his call was good, for their desire was urgent, their need pressed, their assembly of people very great, himselfe very able, and his heart inclining to come to them. At his first coming he found some obstruction from the Bishop of the Diocesse, which was B. Barlow, who told him he was a young man and unfit to be over such a factious people: Mr. Cotton being ingenuous and undervaluing himselfe, thought soe too, and was purposing to returne to the colledge againe; but some of Mr. Cotton's Boston friends understanding that one Simon Biby was to be spoken with, which was near the Bishop,Which some called Simony & Bribery. they presently charmed him, and so the businesse went on smooth, and Mr. Cotton was a learned man with the Bishop, and he was admitted into the place, after their manner in those dayes. Well, to Boston the good man came, and for 3 yeares he preached and lived soe amongst them, that they accounted themselves happy (as they well might) in the enjoyment of him, both the towne and country thereabout being much bettered by him: But it pleased God, after 3 or 4 yeares being there, that he could not digest the ceremonies that were soe pressed, nor conformity to them, which in some space of time after bred him trouble in the court of Lyncolne, from [Page] which he was advised to appeale to a higher court, and imploying Mr. Leverit (which was afterwards one of the ruling elders of the church at Boston in N. E.) to deale in that businesse, and he being a plaine man as Jacob was, yet subtile to get such a spiritual blessing, soe far insinuated himselfe into one of the proctors of the high court, that he sware in animam Domini, that Mr. Cotton was a conformable man, and so he was restored to Boston; as likewise by the meanes that a gentleman of Boston, called Mr. Bennet, used to bring him in againe: After which he was marvelous successful in his ministry, till he had beene 20 yeares there, and in that 20 yeares space, he on Lords-day, on afternoones, went over, thrice, the whole body of divinity in a catechistical way, and gave the heads of his discourse to those that were young schollars and others in that towne, to answer to his questions in publique, in that great congregation, and after their answers he opened those heads of divinity and sweetly applyed all to the edification of his people, and to such strangers as came to heare him: In the morning on the Lords-day, he preached over the first six chapters of the gospel by John, the whole booke of Ecclesiastes, the prophesye of Zephaniah, and many other scriptures, and when the Lords supper was administred (which was usually every month) he preached upon 1 Cor. 11. and the whole 30th chapter of the 2 Chron. and some other scriptures about the Lords supper: On his lecture dayes he preached through the whole 1st and 2d epistles of John, the whole booke of Solomons song, the Parables of our Saviour set forth in Matthewes gospel to the end of cap. 16. comparing them with Mark and Luke. He tooke much paines in private, and read to sundry young schollars that were in his house, and some that came out of Germany, and had his house full of auditors. Afterwards, seeing some inconveniences in the peoples flocking to his house, besides his ordinary lecture on the 5th day of the weeke, he preached thrice more on the weeke dayes, on the 4th and 6th dayes, early in the morning, and on the last day at 3 of the clock in the afternoone; [Page] only these 3 last lectures were performed by him but some few yeares before he had another famous colleague with him, and not many yeares before he left Boston: He alwayes preached at the election of their mayors and at that time when they tooke their oath and were installed in their office; and alwayes (if he were at home) at the funerals of those of the abler sort that died: He was frequent in duties of humiliation and thanksgiving, in which I have knowne him in prayer and opening the word and applying it, 5 or 6 houres, soe indefatigable he was in the Lords worke, and soe ready to spend and be spent for his peoples soules: He was of admirable candor, of unparalleled meeknesse, of rare wisdome, very loving even to those that differed in judgment from him, yet one that held his owne stoutly, arctè tenens accuratèque defendens, what himselfe judged to be the truth. He answered many letters that were sent far and neare, wherein were handled many difficult cases of conscience, and many doubts by him cleared, to the greatest satisfaction. He was exceedingly beloved of the best, and admired and reverenced of the worst of his hearers. Nothing was wanting to make him a compleat minister, nothing lacking to make him a perfect christian, but the perfection of grace which he hath now attained to, and the glory he hath now arrived at. He was a man that was in great favour with Dr. Williams the Bishop of Lincolne, who admired him for his learning, and (as I have beene told) when he was lord keeper of the great seale, he went to King James, and speaking of Mr. Cottons great learning and worth before him, the King was willing, notwithstanding his non-conformity, to give way that he should have his liberty, to goe on without interruption in his ministry, which was very marvelous, considering how the Kings spirit was carryed out against such men; the mystery of which Mr. Samuel Ward of Ipswich being ignorant of, spake merrily among some of his friends: Of all men in the world I envy Mr. Cotton of Boston most, for he doth nothing in way of conformity, and yet hath his liberty, and I doe every [Page] thing that way and cannot enjoy mine. He had many enemies at Boston, as well as many friends, and some that rose up against him and plotted secretly to undermine him, and others that practised more openly against him; but they all of them were blasted, either in their names, or in their estates, or in their familyes, or in their devices, or else came to untimely deathes, which shewes how God both owned his servant in his holy labours, and that in the things wherein they dealt proudly against him, he would be above them.

One thing more, and I have done with him as he was one of Englands gloryes, and then come to him as over the Atlantique ocean, and in New-England, and it is this; concerning his hospitality, wherein he did exceed most that ever I heard of, and especially his heart and doores were open to receive (as all that feared God, soe) especially godly ministers, which he most curteously entertained, and many other strangers besides; only one minister, Mr. Hacket by name, which had got into the fellowship of famous Mr. Arthur Heildersham, with many other godly ministers, and being acquainted with their secrets, betrayed them into the prelates hands; this man coming into Boston and meeting with Mr. Cotton, the good man had not the heart to speake to him, nor invite him to his house, which he said he never did to any stranger that he knew before, much lesse to any minister.

Concerning the last thing, viz. his departure from Boston to New-England. The times growing perillous, he was envied of some at home and others abroad; and letters missive were come to convent him before the high-commission-court, and a profligate fellow and a filthy fornicator, Gowen Johnson by name (who not long after dyed of the plague) was to bring the letters to him, as he did to some others near him, which when Mr. Cotton understood, he looked for nothing from the court but scornes and prison, and therefore with advice from many able heades and gracious hearts, he kept close for a time, and fitted himselfe to goe to N. E. and God bringing him and his [Page] company over in safety, through his mercy, after they had beene there a while, there grew some trouble betweene those that were to settle matters in church and commonwealth, but Mr. Cotton then preaching before the general court an excellent sermon out of Hag. 2. Be strong Zerubbabel, and be strong Joshua, and be strong ye people of the land, &c. it pleased God soe to compose and calme and quiet spirits, that all apprehensions were laid aside, and they went about the worke of the Lord very comfortably and were much encouraged. After which time how usefull he was to England, to New-England, to magistrates, ministers, people, in publique, in private, by preachings, counsells, dissolving hard knots, and answering difficult questions, all knew, that knew the grace of God soe evidently manifested in him. What scriptures he went over on Lords dayes in expounding and preaching, I cannot certainly say, because I was of another church, serving there according to the grace bestowed upon me; but surely he went through very many, for on his lecture dayes he preached over the whole booke of the Revelation, Ecclesiastes and Canticles, the 2d and 3d Epistles of John, the 2 Epistles of Timothy, with divers others, all which shews the unwearied paines which he tooke in the Lords worke, besides all the bookes that were written by him, and other unknowne labours that he went through. I could speake much more, but at this present want strength, but this I say, he may be a patterne to us all, and happy they that come nearest him, in those things wherein he most followed Christ. I am not like to live to see such another in N. E. though I know God is able to double the spirit of that Elias upon him that succeeds him, and upon many others in our native country and here. It is well for both the Bostons, that they had such a light, if they walke in the light, and continue in that word of Christ and light of grace and truth that he held out to them. I end all with that of our Saviour concerning John-Baptist, he was a burning and shining light, and God graunt the after words be not verified of both Englands [Page] and both Bostons. I speake my feares, but would be glad to entertaine better hopes. My prayers shall be that it may never be said as of old, Fuimus Troes, fuit Ilyum, sed jam seges est ubi Troja fuit. Fuimus fideles, fuimus [...] fuit Anglia, fuit Nov-Anglia, fuit Bostonia Europaea, Americana; Deus Pater miserationum avertat omen per viscera Jesu Christi. Amen.

Samuel Whiting, Pastor Linnensis Nov-Anglicanus.

Copy of a Letter from Mr. Cotton to the Bishop of Lincoln.*

To the right reverend and my very honourable good Lord, John Lord Bishop of Lincoln, at his pallace in Kurkden, present these.

My very good Lord,

IT is now above twenty yeares agoe, since by the goodnes of God and (for a good part of this time) by your Lordships lawfull favour, I have enjoyed the happines to minister to the church of God at Boston, a remote corner of your Lordships diocesse. What I have done there, all this while, and how I have spent my time and course, I must ere long give account to the great shepherd of the sheep, the bishop of our soules. Meane while, give me leave to make your Lordship this short account: The bent of my course hath been (according to my weake measure) to make and keep a 3 fold christian concord amongst the people; between God and their conscience; between true hearted loyaltie and christian liberty; between the fear of God and the love of one another. That wherein I have most seemed to your Lordship to fayle (to witt in not discerning christian liberty to practise some commands of authority, in some circumstances) I doe humbly thanke your Lordship, and freely acknowledge, your Lordship [Page] hath not been wanting freely and often to admonish me thereof, and that with such wisdom and gravity, and with such well tempered authority and mildness, that I profess unfeynedly noe outward respect in the world could have deteyned me from requesting your Lordships favour with ready subjection to your Lordships counsell, that I might have prolonged myne owne peace and your Lordships favour together, but so it is (my good Lord) though I doe unfeynedly and deservedly honour your Lordship, and highly esteem many hundreths of other reverend divines, great lights of the church (in comparison of whom what am I poore sparke?) who doubt not of their liberty in those matters; yet to this day (I speake in the simplicity of my heart) I can only follow your Lordship with observance, and them with reverence, but not with that plerophory of fayth in these thinges which in such cases the apostle requireth, Rom. 14.5. Your Lordship well knoweth it is both the apostles and prophets principle (and it holdeth in every righteous man from the meanest to the greatest) Justus ex fide suâ vivit, non alienâ, and therefore, howsoever I doe highly prize and much preferre other mens judgment and learning, and wisdom, and piety, yet in thinges pertaining to God and his worship, still, I must (as I ought) live by mine own fayth, not theirs. Nevertheless, where I cannot yeeld obedience of fayth, I am willing to yeeld patience of hope.

And now, my good lord, I see the Lord who began a yeare or two agoe to suspend (after a sort) my ministry from that place by a long and soare sickness (the dregs whereof still hang about me) doth now putt a further necessity upon me, wholly to lay down my ministry there, and freely to resigne my place into your Lordships hands. For I see neither my bodily health, nor the peace of the church will now stand with my continuance there. I doe now therefore humbly crave this last favour at your Lordships hand, to accept my place as voyd, and to admitt thereto such a successor as your Lordship shall finde fitt, and the patron (which is the corporation of Boston) shall present to [Page] you therefor. The congregation is great, and the church duetyes many, and those, many times, requiring close attendance, and I would be very loth the service of God, or the helpe of the people should be in any sort neglected by my long discontinuance.

What though this resignation of my place into your Lordships hands may be defective in some forme of law; yet I trust your Lordship will never forgett the auncient moderation and aequity of that honourable and high court of chauncery, whereunto your Lordship was advanced, to temper the rigour of legall justice, to the relief of many distressed. Never (I thinke) came there any cause before your Lordship more distressed, nor more justly craving christian aequity.

Now the Lord of heaven and earth soe guide and keep and blesse your Lordship on earth, that he may delight to crown your Lordship with honour in heaven, at the end of your dayes, through Jesus Christ. Thus at once commending my hmmble sute and late vicarage, and the comfort of the whole congregation to your Lordships honourable favour and integrity, I humbly take leave and rest

A bounden suppliant to your Lordship and for you, J. C.

May 7. 1633.

Copy of a Letter from Mr. Arnold to the Court held at Massachusets.

Pautuxit this 5th of September 1653.

THESE are to signify unto the much honored court that we understand how Gorton and his confederates are intended to send greate matters to Generall Cromwell or to other state of England against the state of Massachusit about a letter that came into these parts from Massachusit having four or five of the magistrates hands unto it, concerning the French shipe that was taken by [Page] the deceite of Capt. Hull, in which letter as wee heare are seven reasons nominated to shew that it was not a lawfull prize, and in one of the reasons is mentioned the dissolving of the parliament, out of which reason, especially, Gorton takes greate hold to lay a strong accusation against the state of Massachusits. And we further heare that they doe intend to write what construction they doe gather from it and withall they mind to send it with the said letters, having the magistrates own hands to it the which they thinke will be a sure testimony against the magistrates, &c. Now as soone as I heard of it I thought it to be my dutie with all expedition to write intelligence to the much honored court, I not knowing what mischiefe they may doe in such a case as they doe so much boast of, that the court might have notice of theire evill purpose before hand that, if it may so please the Almighty, by his good providence and your wise consideration and vigilant care, the evill plot of your adversaries may be prevented, &c.

I rest your humble servant to be commanded, William Arnold.

I humblie desire that I may heare whether this letter doe come safe to the court, if not I may in short time write againe, &c.

Copy of a Letter from Mr. Thomas Welles to Maj. Robert Sedgewick and Capt. John Leverett.*

Honored Sirs,

I Have received yours of the 5th of this instant, and have given a call for a generall courte, but our towns being farr distant wee cannott meete untill the beginning of the weeke. I have sent a messenger to Major John [Page] Mason who lives at Seabrooke, but he is not yet returned. I knowe that our colony will with all thankfullness imbrace this favour and respect from his highness and with all readines attend the counsell and advice of his commissioners, wee shall send one commissioner to joine in counsell with yours, and I suppose by this time you understand what concurrence there is from the Bay, that you might informe us what number of men you expect from us, and what kinde of provisions you most need, wee have at present plenty of biskett, and some porke, but little butter or cheese; also which way you intend your shipping shall come, and where our men shall meete, wee are alltogether ignorant in the managing of affaires of this nature, and therefore desire you would dispatch our messenger with what speed you can, to give us some information and direction herein, and you shall find our readiness to assist according to that little strength and means we are furnished withall. Also wee desire to know what number of land souldiers you can spare for the designe: It is thought by some that know the strength of the Dutch, that this service will require at least 500 land souldiers. Capt. Underhill and John Younge, who are gone towards the Bay, can best informe you of the state of things there, either in regard of fortification or the number of men, various reports come thence. I am glad to heare of your safe arrivall after so long and tedious a voyage, and hope you are preserved to be instruments for the good of church and common wealth, thus with remembrance of my due respect to yourselves, I take my leave and rest ready to attend the service as I shall receive further direction and advice from you and remaine,

Your loving friend, Thomas Welles.*

Hartford this 10th of June 1654.

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Copy of a Letter wrote by order of the General Court at Plymouth to Major Robert Sedgwigg, &c. at Boston,

Gentlemen,

YOURS bearing date the 13th of these presents wee received by our messengers Capt. Standish and Capt. Willett, and having seriously agitated and deliberated upon particulars in reference to the command sent unto us by his highness the Lord Protector of England, Scotland and Ireland, as also unto your proposals; the result is that by the helpe of God wee intend to close with you in your intended enterprise against the Dutch at the Manhatoes with such small helpe as wee are able to aford; and according to your desire wee have appointed Capt. Thomas Willett to repaire to you with all convenient speed to aford what helpe may be for the facillitating the aforesaid expedition, and it shall be our endeavour to have such means conducing to the aforesaid expedition as wee are able to aford in as good readiness as wee can with all convenient speed, we rest,

Sir,

Your assured friends, Nathaniell Morton, Clarke by order of the generall court.

Plymouth the 15th of June 1654.

Application of Sedgwick, Leverett and others to the General Court.*

Boston in New-England 20th October 1654.

May it please this honoured court,

PRovidence having soe disposed it as to bring the province of Accadia under the power and government [Page] of his highness Oliver lord protecter of England, Scotland and Ireland, we well knowing what greate respect you owe unto the state of England, and not doubting of your readiness in any thing you can to manifest the same to them, are therefore encouraged to make these few propositions in the name of his highness and the state of England.

1. That you would be pleased to declare that if the English inhabitting in the country of Accadia be at any time assaulted with an enemie, or in any occasion of needing helpe from this government, you will assist us with such men as we may stand in neede of, we paying for them according to the custome of paying souldiers in this country in any service you employ them in.

2. That as its well knowne that at present there is noe wayes to maintaine the vast expence of the garrison but by trade with the salvages, as its now a settled law in that province that not any should trade with them but such as are deputed by those in authoritie in the province, that accordingly you would assent and consent that law and order, soe far as that it may be effectuall in this government, soe as when any shall be convicted of the breach thereof they may suffer as if they had been taken in the province of Accadia.

Many reasons we might give, and shall if desired, why there might be a compliance with us in this our request, but we hope that respect and compliance with England will be argument enough to admit this favour in which we hope we attend much the good of these plantations, and be confident you shall finde us readie to our power to serve you either here or in any place God shall caste us in, and remaine your humble servants,

Robert Sedgwicke,

John Leverett,

Wm. Hathorne,

Robert Fenn,

Mark Harrison,

Robert Marstin.

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Copy of a Letter from the Corporation in England for propagating the Gospel, &c. to the Commissioners of the united Colonies.
The Commissioners of the Massachusetts presented this ensueing letter from the Corporation in England.

Gentlemen,

YOUR letter wee received and returne you this answer, that wee are very glad and approve of the accompts you sent over by the last, which are or may be sattisfactory to the manifold objections have of late arisen about the same, for when (through mercy) our demeanors had stopped the mouths of all men heere, then the greate quere was, whether things sent were not misapplied with you in New-England. And truly you would wonder had wee but time to relate the severall sorts of objections, which for the most part turne all to obstructions for a season; till by the elaborate paines of Mr. Winslow, wee are forced to take off and remove the same, you wrote to us not to send any more goods till you sent for them, and to tye ourselves to such and only such provisions to be sent. We are very well sattisfied therewith, and thereupon shall deceive the expectation of divers, that have written for letters, for printing paper, &c. and indeed in so writing you seem to understand your owne power and trust, but give us leave to tell you there is such a material objection here started as wee are ashamed of and know not how to answer, viz. the manifold complaints made by Mr. Elliot to sundry his friends here, that you allow him but £. 20 per ann. which doth not beare his charges, insomuch as he runnes in debt every yeare more and more, and is disabled for giving his children that education he otherwise would. Now whether it be or no wee know not, but verily believe the worke will suffer some thousands of pounds by it, for it flyeth like lightning and takes like tinder, men being extreame glad [Page] to meete with any thing may colour over theire covetousnes, and dull theire zeale in so good a worke: Nay Mr. Peters who, but fourteene daies before, told Mr. Winslow in plaine termes he heard the worke was but a plaine cheate, and that there was no such thing as gospell conversion amongst the Indians, presently after, charged the same man upon a letter he received from Mr. Weld, by information from Mr. Elliot that you the commissioners for the united colonies forbad the worke in that you would not allow competent maintenance to Mr. Elliot, and others that laboured therein; and however wee have otherwise charitable thoughts of Peters yett he hath been a very bad instrument all along towards this worke, who (though of a committee in the army for the advance of it amongst them) yett protested against contributing a penny towards it in person, and indeede some of us have been faine to intreate the rest of the gentlemen not to trouble him any further in the busines, nor know wee any cause unlesse it be that the worke is coming to such perfection and he hath not had the least hand or finger in it. These things wee thought good to acquaint you withall; and doe intreate that Mr. Elliott, Mr. Mayhew and such other eminent labourers as are imploied therein may have greater encouragement from you than so; yea such according to what the Lord shall send in from time to time. Wee are farr from justifying Mr. Elliott in his turbulent and clamorous proceedings, but the best of Gods servants have their faylings, and as such so we looke upon him. The reason you send for nothing this yeare wee conceive is, because you have about 800 l. in money stocke and debts with you, wee should be glad to hear that debts are received, and doe intreate you that the worke may not be retarded thereby; alasse, what pity were it that deserving instruments should be discouraged, and what a shame will it be to us here, besides an absolute period to all future collections, whereby Gods glory and the present opportunity will be lost in doing good to those poore soules; and lett not the late difference betweene your neighbours of the Massachusetts [Page] and yourselves hinder,* wee hope it is healed ere now, if not wee trust our letters (for wee are sensible of the breach and the evills may follow thereupon to the severall respective governments) will help forward the same; and lett us intreate you, since you order us to send nothing but what you give order for, to be very carefull to consider before hand what will be needfull, for we perswade ourselves you cannot buy any goods so well bought heere as what we send, for wee buy for ready money and beare the adventure, when as others take not only twelve months time but theire creditors stand to the adventure out and home, so that if you sell at thirty per cent. yett you give sixty for what you buy at least; but wee doubt not of your care, only wee shall long to heare again from you and that it may be with comfort and refreshing is the earnest desire of

Gentlemen,

Your faithfull friends and fellow labourers in this worke of the Lord, Signed by the order and appointment of the Corporation, by Wm. Steele, President.

To which Letter the Commissioners returned this following Answer.

Honnorable Sir,

YOURS of the 18th of February last wee have received, with the contents whereof wee are diversly affected; glad that the accompts wee sent do in any measure answer objections and remove obstructions; he who observeth all our carriage and aimes in this worke of his, knowes (that laying aside all sinister respects wee desire to improve all opportunities and order all disbursements for the advancement of the end designed, that if it please the father of mercies, the gospell of his sone may have a large [Page] and powerfull entrance into the hearts of these poore Indians, but it is an afflicting consideration that the worke should receive any discouragement or hinderance either from Mr. Elliotts penn or Mr. Peters speech. By a letter signed by Mr. Winslow in the name and by order of the honnored Corporation, dated May the 1st 1652, wee understood what inconvenience did or might grow by the collections and disbursments made by Mr. Butcher not put into the corporation stocke and account, which (with you) wee desired might be brought into your treasury, as the right channell, accordingly wee enquired of Mr. Elliott what somes are sent over yearely upon those more private accounts and how imployed, what part to the Indians, and what to himselfe and others who labour in the worke; he acknowledged some considerable somes of money came that way to his hands, but was slowe to give any account how much or how expended; heereupon wee did conceive that 20 l. per ann. added to what he received by other meanes out of England and what he received from the church of Roxbury (which as we heare is not lesse than 60l. per ann.) might sufficiently mayntaine his family and afford due education to his children without running himself into debt. We shall now allow him forty pounds per ann. and, if there be cause, shall readily enlarge further, and so to Mr. Mayhew; all wee propound is, that as our masters acceptance is sufficient, nay rich wages, for any care or paines of ours in this worke, so there may be some due proportion (as neere as wee can judge) betwixt the imployment and incouragement of other instruments. Through the blessing of him who is love itself and the God of peace, the Commmissioners now mett at Hartford doe comfortably close, as in the affaires of the corporation, so in the other occasions of the confaederation, and hope they shall so proceede.

Mr. Elliot and Mr. Mayhew doe each of them propound the building a new meeting house for the Indians, besides the building in hand for some schollars at the college (whereof wee wrote the last yeare) and that allowance may [Page] be made for interpreters, schoolmasters and others, to instruct the teacheable Indians; one catechisme is already printed, and Mr. Pierson is preparing another to suite these southwest parts, where the language differs, from theires who live about the Massachusetts; all which will occasion us to write for a considerable parcell of provisions, as the following invoice will shew; wee expect not so good pennyworths from any as from the Corporation, and though the ammunition were, in different proportions, this last yeare divided amongst the Colonies and by them (with the advance formerly mentioned) since returned into the stocke, yet wee purpose to drive very little or no trade but upon the account and concernment of the Indians.

Mr. Rawson hath sent his accounts for the yeare past to the Commissioners now met at Hartford, but upon perusall wee finde something defective or obscure, so that wee returned them to him to be perfected, and must desire the Commissioners for the Massachusetts to review and upon their approbation to underwrite and send them for England. Wee here inclose the coppie of a direction sent us from the Massachusetts for letters for the use of printing, which we desire may be provided and sent. Thus, with our due respects, wee commend yourselves and the worke in hand to the blessing of the only wise and gracious God, resting

Your humble servants,

Theophilus Eaton, Presidt.

Symon Bradstreet,

Daniell Dennison,

Tho. Prence,

Jno Browne.

Jno Webster,

Jno Mason,

Francis Newman,

Hartford 18. Sept. 54.

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Instructions for Major Symon Willard, commander in chief of our forces, and such as are joyned with him as a counsell of warre.*

YOU are to take under your charge and command all such forces, horse and foote as, according to the order of the Commissioners, are or shall be levyed, out of three of the Collonyes, with which you are to be at the appointed randevouz at Tho. Stantons, at or before the 13th of October next, and forthwith to march into the Nianticke countrie to the place of Ninnigrets ordinary residence, and to demand of him (if he may be spoken with) a present and full surrender of all the Pequotts under him, or lately living upon his land, and if he doth not forthwith consent, then to take them by force from him or any that shall harbor or detaine them and to remove and settle them under the protection of the English and under such government as Mr. Winthrop, Major Mason and Capt. Dennison shall appoint, till the Commissioners shall take further order, without increasing the tribute formerly due from them.

And further, to require and take of Ninnigret the tribute due for time past, for the said Pequotts, together with the charge of this expedition, or some considerable parte of both, and to give him time for the rest, according to your discretion, as may stand with the honnor of the English and the safety of the countrie.

And you are in the name of the Commissioners to prohibit him and the rest of the Narragansett Sachems to make any further attempts upon the Long Iland Indians, and to assure them that the Commissioners will lay the like charge upon the Long Iland Indians not to invade or disturbe them, which if he refuse, and that the peace of the countrie can by no other meanes be provided for, you are to proceede as the case requires. But if Ninnigret shall not oppose the removall of the Pequotts but shall demeane [Page] himselfe fairely in that busenes and shall submitt to our charge, and promise that he will not further disturbe the peace of the countrie, wee judge it not expedient at this season of the yeare to beginne the warre upon him barely for the non payment of the tribute and charges, supposing also, that you may use other meanes to drawe some part of it from him at present and the residue may be forborne for some convenient time, provided if the Pequotts cannot be prevayled with to come under the government and protection of the English, then if Ninnigret shall pay the tribute past and the charges of this expedition, and promise not to disturbe the peace of the countrie for time to come by making warre upon our friends and confederates without our consent, according to his covenant made at Boston anno 1645, as also to pay the tribute for such Indians as are under him for time to come, according to the last agreement at New-Haven 1651, he may enjoy the said Pequotts still without disturbance or any further proceeding against him.

But if you shall finde the designe cannot be carried on without a great force, then you shall with all expedition send to the severall colonies for the rest of the forces in this case ordered by the Commissioners, which you are to improve according to your best skill for the speedy reducing of Ninnigret to subjection or tribute, with securitie by hostages, for his performance of the same.

And if yett a greater force shall be found necessary, you are to give notice to the severall colonies of the whole number you desire, that they may send theire severall proportions according to the agreement of the Commissioners.

You shall, if you thinke fitt, send to Uncas (whom wee have prepared) to assist you and may be very usefull in the service. You are to make faire warre, without exercising crueltie and not to put to death any whome you have taken captive, if you canne bestow them without dainger of your owne men.

If you finde any English straglers, traders or others, whom you shall suspect to give intelligence, or to furnish [Page] with armes or ammunition, or to give any other aid to the enemy, you may secure them or send them to Boston.

Lastly, and above all the rest, wee commend to your christian care the upholding of the worship of God in your army and to keepe such watch over the conversation of all those under your charge that all prophanes and impiety, abuse of the sacred name of God, luxury and other disorders may be avoyded, or duly punished, that the Lord may be pleased to goe forth before you, prosper all your proceedings and returne to us in peace, which wee shall daily pray for, &c.

Theophilus Eaton, President,

Symon Bradstreet,

Daniell Dennison,

Tho. Prence,

Jno Browne,

Jno Mason.

Jno Webster,

Francis Newman.

Given at Hartford, September 25. 1654.

Copy of a Letter from Major Simon Willard to the Commissioners of the united Colonies.

Honnored Gentlemen,

YOurselves having beene pleased to appoint and give a commission for a general to command over all the forces, by you appointed to be raised out of the united colonies in the expedition against Ninnigret, which you referred to the councill of the Massachusetts to compleat, they haveing, after the refusall of Major Gibbons and Major Denuison, Capt. Atherton being absent, pitched on myselfe (though unworthy accepted thereof in hope of God's gracious assistance therein) These are therefore to informe you, that I addressed myselfe accordingly, and with the unanimous consent of my councill, have with the best of our understanding of your instructions (which were not so clear as wee could have wished) repaired to the place of randevouz, indeavoured to have had full discourse with Ninnigret, who, before we came, had swampt* himselfe and [Page] refused conference with us, as appears in the narrative which I send you, therefore, considering the season, tediousnes of the march of the foote, and streightnes of our instructions, contented ourselves with reduceing of those Pequotts, as wee have certified you. On those termes wee endeavoured your full satisfaction, and wherein wee have fallen short, wee hope you will putt a candid interpretation. I shall say no more at present but commend you to the protection, direction and blessing of the Almighty and remaine,

Sirs,

your humble servant, Simon Willard.

Dated 26th of 8th mo. 1654, Boston.

The Narrative follows.

MY selfe, whose name is underwritten, being impowered by the Commissioners of the united Colonies, bearing date the 25th Sept. 1654, doe declare the particular acts of the proceeding of the councill of warre being assembled at Thomas Stantons, according to the instructions received from the said Commissioners, as followeth.

Imprimis, our first instruction being forthwith to march into the Nyanticke countrey, the place of Ninnigrets ordinary place of residence, and to demand of him (if he may be spoke with) the Pequotts, &c. The reasons why wee did not attend to that particular was, wee knew he was removed from that place up into the woods into a swamp, some 15 myles from our quarters, and further, by a storm the boates of Conecticott and Newhaven, whereas all were to meete 13 October 54, we say, the boates and some of the souldiers with their stocke of ammunition came not to us untill the 16th day the one, and the 17th day the other. Further, we had one clause in our instructions to act as might stand with the honour of the English and the safety of the countrey, but for us to move with our forces wee thought it would make great rumour to stirr amongst the Indians, when they should heare wee were returned to our quarters and did nothing; therefore wee thought it would expedite our worke to attend that that was presented to us, which are as followeth.

[Page]First, Ninnegret haveing some of his Indians present with us, who as we supposed were willing to salve up things as well as they could, we agreed to send some of them to him to advise him to come and speake with us, but we haveing intelligence of his great feare to consent to this motion, wee offered him hostages for the security of his person, and if this pleased him not, he should acquaint us what he would desire to secure him; his answer was, by 4 of his men, that one of our Indians had taken away a canoe of his and made prize of it, and upon this he was more afraid than before.

2dly, He demanded what he had done to the English that they came so against him round about, and will not let him alone, and he would desire to transact this busines by messengers, and not come face to face.

3dly, He said his father was a friend to the English in former times, and he wondered they should be so against him now. Our answer to these things were as followeth. First, wee knew nothing of the canoe, and that if any of our Indians had wronged him in this kind they should restore it againe; but they would not forbeare this discourse, so wee sent them away with these following answers, First, wee wondered that he, a wise man as he would be accounted, that he should offer to hold us in discourse about such a trifle as a canoe is, either he must be unwise himselfe, or thinke us unwise, if wee should be delayed with such things at these. 2dly, That it was not the fashion of the English to transact things of such a nature by messengers from an ambassador, but to come face to face. 3dly, If this course might have beene taken, wee could have done this from the place of our habitation, without raising these forces. The 16th, there came some of the Pequotts and told us that, the day before this, they went towards Ninnegretts company to perswade their kindred to come from him, fearing otherwise it would goe ill with them, but they met with three Pequotts that did adhere to Ninegrett, who asked them what they did there, they said they had something to doe; then they asked our Pequotts [Page] how many there were of them, they said 30, then said the 3 men there are 30 heads for us; then our Pequotts said they did attend the English to carrey letters or burthens abroad, where the English should have occasion to send them, then one of the 3 men told them they would have their 30 heads before to morrow in the afternoone, though the English men were with them, and they said they would not desert from the warr against the Long Islanders, neither would they forsake Ninegrett. This day they came into us and gave in their names to the number of 73. The 17th day there came into us more Pequotts that lived neere to Ninegrett, which, before, wee commanded to bring away their houses and goods, which things they did, and gave in their names as the rest to the number of 36. The 18th day, Ninegrett still keeping off and would no ways comply with us, wee agreed and sent two gentlemen with two to attend them, and two interpreters to make some demands of him; but there being sixe he refused to speake with above two of them, but after much debate with his scours and some of his chiefe men, they came to speake with them, viz. Capt. Davis and Capt. Seely, and first they demanded the Pequotts under him, his answer was, why doe yee demand the Pequotts of me when you have them already? they demanded more, his answer was he had not above 3 or 4 with him, but the rest were disposed abroad a hunting and elsewhere, but in the issue he ingaged by writing to surrender all that were under him into the hands of Mr. Winthrop or Capt. Mason within seven days. 2dly, They demanded the tribute due for the Pequotts, his answer was he never engaged for them; he was told he payd it at New-Haven; he said the reason of that was he feared they would have been taken from him, therefore he payd 9 or 10 fathom of his owne peage to make up the some. 3dly, They further required not to make any more war against the Long Island Indians, to this he was silent for a time, but after said this; Shall such a prince and two such captains loose their lives and their blood not be revenged? the answer to this was, [Page] he must act in a right way by making the commissioners acquainted with it, but he was silent. Further he was charged not to molest them nor any other of the friends of the English lest his head were set up upon an English pole. Also he was informed that none of ours should molest him. 4thly, The charges of this expedition was demanded of him, his answer was he was not the cause of it, but the Long Island Indians killed him a man at Connecticott.

A Copy of the Covenant with Ninegret.

WHEREAS the Commissioners of the united Colonies demand by their messengers that I deliver up to the English all the captive Pequotts in my countrey, I hereby ingage myselfe to surrender the said Pequotts within 7 dayes to Mr. Winthrop or Capt. Mason. Witnes my hand. And so he set his marke the 18th of 8ber 54.

Witnes

Thomas Stanton Interpreter.

Valentine Whitman Interpreter.

Witnes allso Thomas Blighe.

The 19th day a copie of the covenant or promise of Paukannusamon, being a Narreganset Sachem who had divers of the Pequotts under him, who had subscribed their names unto us, who promises to live peaceably and not disturbe any of the friends of the English, and desires not to be disturbed by any of them, and so sett his marke.

A copie of the Pequotts covenant whereto they subscribed the 16th and 17th of the 8th moneth 1654.

WE whose names are underwritten, being captive Pequotts and tributaries to the English, and haveing lived some time under the protection of Ninegrett, doe freely consent to the Commissioners of the united English colonies to remove to such places as the said Commissioners doe or shall appoint us, and doe hereby disowne the jurisdiction of Ninegrett over us, and that wee intend really [Page] so to doe, wee here give in our names severally with our owne markes affixed. Further we do hereby engage ourselves hereafter not to joyne in any warre with Ninegrett or any other, without the full and free consent of the Commissioners of the united English Colonies.

This is a true account of our actions in each particular by the councill of warre. Simon Willard.

This 20th of the 8th moneth 1654.

Wee sett upon our march from Boston the 9th of the 8th moneth 1654. Wee returned againe to Boston the 24th of the same monthe.

Copy of a Letter from Mr. Edward Winslow to Secretary Thurloe.

Right Honourable,

ABOUT twelve days since I wrote to you by Capt. Collens, wherein I gave you a large account of our proceedings in this island of the Barbadoes; how that by Gods blessing we attained our passage in five weekes, made the 2500 men we landed 6000, and because our stores for the army were not as yet come up close we should lose the drie season and my lords honor suffer thereby and have scrabled up so many arms as to make the 1500, we here brought, 6000 or near thereabout: that we raised two small troopes of horse upon the island and gotten such and so many other stores as we are to sett saile this evening from the place: We thought to have gone the 24th instant but could not attaine thereunto. Since which time came Capt. Hassefield of London and tells us of the Great Charity, that she was at sea with him; but saies that she with many others in company were forced back by the fowle weather. This gentleman was above two months, from Falmouth hither, and tells us our storeships were in the Downes with a safe convoy and believes they will [Page] be here speedily; but truly, Sir, we are so weary of wayting and the season so neer spent as we are resolved to cast ourselves into the arms of Almighty God, whose providence we trust will be ever for good and will owne us as instruments in his right hand to execute his determined vengeance upon that tyrannous and idolatrous and bloudy nation that hath inflicted so many cruelties upon the nations of the earth in their distressed members and not the least upon ours. We have agreed to order the Great Charity to stay heer till our stores come up and then to convey them to us. The general hath settled the militia of the island and given commission to fowre regiments of horse and fowre of foote and made the governor his lieutenant-generall and Col. Collison major-generall of this island. I hope it will conduce to the publick weale of the place. We have made bold to refer our commissioners to make use of their excise office whereof the governor had a 3d, which 3d we still leave him to possesse; but whereas they call upon their articles I tell them they have broken that article, for whereas they were to pay the publick debts of the island therewith they have received all those two yeares profitts past and we none at all, and now we shall reape the cropp of this 3d yeare, but with a greate deale of indignation to many. We aske them how long his highnes shall waite their pleasure to receive his royalties? We have such a body of business to goe through this day that I feare I shall not be able to write over my letter anew. If it so fall out I had rather send you a blotted paper than a note, and write amongst a crowd of people as I do here than not to write at all: and I trust your honor will bury it amongst the rest of my infirmities which is the earnest desire of

Right honourable your most humble servant Edw. Winslow.

Barbados, March 30. 1655.

I humbly entreate your honor to get a dispatch to Capt. Paris and Capt. Turners business.

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Copy of a Letter from the Commissioners of the united Colonies to Major Willard.

Loveing friend Major Willard,

WEE have received and considered both the letter you writt and the trust committed to you, and the account thereof, the last yeare, in which (to speake candidly according to your desire) wee finde mistakes and errours, we heare you had not the unanimous consent of your councill, and certainly your instructions (which stand upon record in each of the united colonies) are cleare enough to have guided you to a further progresse than you made in the service, nor doe wee finde any considerable difficultie in the way. Ninigrett, through the feare that then possessed him, might (in all probability) have been enforced to receive any impression the chief commander of such forces would have putt upon him, but the not improving of a season (especially in such a service) is oft attended with mischievous consequences. Ninegrett, who whilst our smale army was there, had his mouth as in the dust, soone after grew high and insolent in his speech and carriage, refuseth to deliver the rest of his Pequotts, threatens them that have left him, hath againe invaded the Long Island Indians, our friends, tributaries and in covenant with us; some blood is already shed, how much more may be shortly shed is not yet knowne, and how farr our charge and danger may be increased by his pride and treachery ingaging forreign Indians against us, and what further inconveniences may arrise from your nonattendance to your commission is yet uncertaine, and as doubtfull how they may be prevented; but what satisfaction may be from yourselfe, and those of your councill that joyned with you, expected, wee leave to the consideration of the colonies and rest

Your loveing friends,

James Cudworth

John Mason

John Cullick

Wm. Leete.

Theophilus Eaton, President.

Simon Bradstreete

Daniel Denison

John Browne.

New-haven, Sept. 19. 1655.

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Copy of a Letter from the General Court of the Massachusets to Mr. Hopkins.

Much honnored Sir,

I Am required by our generall court to signify unto you, that they have not binn nor are without a due sense of the many singular expressions of your faithfull love to them, in your best endeavours to promote theire affaires (which they have binn informed of) in your readines at all times to afford their late agent Mr. Winslow your best furtherance and assistance, as need required, though as hitherunto they have not had the opportunity to returne you theire gratefull acknowledgments, as you might before now justly have expected. But assure yourselfe, deare Sir, however they have binn wanting in this respect, yett theire best desires at the throne of grace have not binn wanting to emplore a rich recompence of reward on your head and heart as well as on many others whom the Lord hath stirred up to wish well to his exiled ones in these parts, and are not without hope the Lord will more and more encourage you according to the mercies you receave. Opportunity he puts into your hands whilst you are heere to be acting for him, who is and will be a rich paymaster in the end. Sir, our court, understanding of your illnes and the many imploiments that are on you, have contented themselves in desireing, as opportunity shall present and as Capt. John Leveret whom they have now commissioned as theire agent shall desire, your continued helpfullnes and assistance of him in promoting theire affaires with his Highnes the Lord Protector and his honnorable Councell, as neede shall be, whereof they hope you will have no cause to repent, not being willing further to interrupt you in your weighty imployment, the prosperity whereof is the dayly prayers of,

Sir,

Your obliged and well-wishing friends. Edw. Rawson. Secretary.

Novemb. 1655.

In the name and by the order of the Generall Court.*

[Page]

Copy of the General Court's Commission to Capt. John Leverett, Agent for them.

Locus Sigilli.

The Generall Court of the Massachusets in New England assembled at Boston the 23d of November 1655.

To our trustie and much honoured friend Captaine John Leverett.

Jo. Endecott, Gov.WHEREAS this court hath chosen and appointed you to be their agent in England during your aboade there: You are heereby commissioned and impowered according to instructions heerewith given unto you to appeare for us and act in our behalfe in all matters of concernment to us, before his Highnes the Lord Protector of the Common Wealthes of England Scotland and Ireland and his honourable Councill there. Given at Boston the day and yeare above written. In testimonie whereof the seale of this colonie is heereunto affixed.

By the Court, Edward Rawson, Secretary.

The General Court's Instructions.

Instructions for our trustie and much honoured friend Capt. John Leveret, chosen and impowered by this Court as our Agent to present our desires to his Highnes, or Counsell of State in England, and to negotiate our affairs there as opportunitie may afford or emergencie of occasions require, according to the ensuing Instructions.

1. YOU are desired to take the first convenient opportunitie to present the letter from this Court (heerewith delivered) unto his Highnes. And upon all [Page] occasions to let his Highnes understand how thankfullie we accept and at all tymes readilie acknowledge his Highnes favour and clemencie towards us, and to assure him of our reall and syncere affection towards his Highnes and readines upon all occasions to be serviceable unto him to the utmost of our power and abilitie.

2. You are also requested to informe his Highnes of a letter sent the last yeare to Mr. Winslow to be presented unto his Highnes, and that it is our humble desire to know if his Highnes received it (a copy whereof we have heerewith delivered you) and diligently to observe what sense his Highnes shall be pleased (of himselfe) to expresse concerning the same.

3. That you also humbly desire on our behalfe that seeing our former agent is dead, and we have many enemies in the world, that all complaints made against us by one or other may take no place in his princely breast, but be suspended from all beliefe till we may have knowledge thereof and opportunitie to answer for ourselves.

4. If peace be concluded betwixt England and France, and the French fortes in these partes included therein, and that you finde a propensitie in his Highnes to gratifie New England with the same, that you improve your best interest and oportunitie for the obtayning thereof, provided they be free from charges and other ingagements.

5. You are further hereby desired humblie to move his Highnes that this countrie may have the oportunitie to furnish his fleet at Jamaica with provisions of wheat, beef, pork, &c. to the value of ten or twelve thousand pounds per annum, for bills of exchange into England, according to his Highnes order, and to promote the setling of a magazine heere for supplying the West India fleete as occasion may require. And in this affaire, if you see cause or neede, you may improve the helpe of Mr. Peters, Mr. Hopkins, or any other friend of ours, and may ingage for the prices to our best advantage, or as they gave the last yeare.

[Page]6. If any complaint be made by Mr. Rigby concerning our clayme by virtue of our patent, as intrenching upon what he calls the province of Ligoma, you may for the present make the best answere you may, for the reasons exprest in our answere given Mr. Cleaves agent, a copie whereof we herewith deliver you, which if it satisfie not, you may crave libertie for our further answere.

By the court, Edward Rawson, Secretary.

Boston 23d of November 1655.

Copy of an Address to his Highness Oliver Cromwell.

May it please your Highness,

AMIDST the thronge of important suiters and oppressing multitude of occasions of high concernment, to accept of our most humble thankfull acknowledgment of your continued favours to us poor exiles in these utmost endes of the earth. We might account it no little disadvantage whilest others having nearer accesse to your highness, and thereby opportunitie to restifie their zeale for your service, that we by our distance should be disenabled from giving any other demonstration than an anniversary acknowledgment of our obligation, were it not that your owne goodnes under God were the fountaine whence all these streames of bountie have been derived unto us, whereby we are encouraged to hope as we have good cause to beseech for the continuance thereof: The want whereof would be most prejudiciall if not destructive to this colonie, when the endeavours of some may be to misinforme your highnes, by presenting complaints against us, we having none to intercede for us or truely to represent unto your highnes in our behalfe: The consideration whereof, were not God our gracious father in the Lord Jesus, would overwhelme us did not the assurance [Page] of your highnes clemency patience and singular affection support us; But that we might not seeme to be wanting in the defence of our owne innocencie, nor presume too far upon your highnes indulgence, we have desired our loving and honoured friend Capt. John Leveret to give your highnes a true account of all our actings wherein your highnes shall see cause to require satisfaction, not doubting but the clearing of our innocencie will be most acceptable to your highnes, being confident no impression to the contrarie will be receaved, before we have had the opportunitie to vindicate the same from any aspersions that may occasionallie be cast upon us. We dare not presume further to detayne your highnes from the care of your more weightie affaires, the prosperous successe whereof is the dayly prayer of

Your highnes most humbly devoted servants,

J. Endecot, Gov.

R. Bellingham, D. Gov.

Copy of a Letter from Mr. Roger Williams President of Providence Plantations, to the General Court of Magistrates and Deputies assembled at Boston.

Providence, 15. 9mo. 55. (so called)

Much honoured Sir,

IT is my humble and earnest petition unto God and you, that you may so be pleased to exercise command over your own spirits that you may not mind myselfe nor the English of these parts (unworthy with myself of your eye) but only that face of equitie (English and christian) which I humbly hope may appeare in these representations following.

[Page]First, May it please you to remember, that concerning the town of Warwick (in this colonie) there lies a suite of £. 2000 dammages against you before his highnes and the lords of his councell, I doubt not if you so please but that (as Mr. Winslow and myself had well nigh ordered it) some gentlemen from yourselves and some from Warwick deputed, may friendly and easily determine that affair betweene you.

Secondly, The Indians which pretend your name at Warwick and Pawtuxet (and yet live as barbarously if not more than any in the country) please you to know their insolences upon ourselves and cattell (unto £. 20 dammages per annum) are insufferable by English spirits; and please you to give credence that to all these they pretend your name and affirme that they dare not (for offending you) agree with us, nor come to rules of righteous neighbourhood, only they know you favour us not and therefore send us for redresse unto you.

Thirdly, Concerning four English families at Pawtuxet, may it please you to remember that two controversies they have long (under your name) maintained with us, to a constant obstructing of all order and authoritie amongst us.

To our complaint about our lands they lately have profest a willingnes to arbitrate, but to obey his highnes authoritie in this charter, they say, they dare not for your sakes, though they live not by your lawes, nor bear your common charges nor ours, but evade both under colour of your authoritie.

Honoured Sirs, I cordially prosesse it before the most high, that I believe it, if not only they but ourselves and all the whole country, by joint consent, were subject to your government, it might be a rich mercy; but as things yet are, and since it pleased first the parliament, and then the lord admirall and committee for foraigne plantations, and since the councell of state, and lastly the lord protector and his councell, to continue us as a distinct colonie, yea and since it hath pleased yourselves by publick letters and references to us from your publick courts to owne [Page] the authoritie of his Highnes amongst us; be pleased to consider how unsuitable it is for yourselves (if these families at Pawtuxet plead truth) to be the obstructers of all orderly proceedings amongst us; for I humbly appeale to your owne wisedomes and experience how unlikely it is for a people to be compelled to order and common charges, when others in their bosoms are by such (seeming) partialitie exempted from both.

And therefore (lastly) be pleased to know, that there are (upon the point) but two families which are so obstructive and destructive to an equall proceeding of civill order amongst us; for one of these 4 families, Stephen Arnold, desires to be uniforme with us; a second Zacharie Rhodes, being in the way of dipping is (potentially) banished by you. Only Wm. Arnold and Wm. Carpenter (very far allso in religion from you, if you knew all) they have some coulour, yet in a late conference they all plead that all the obstacle is their offending of yourselves.

Fourthly, whereas (I humbly conceave) with the people of this colonie your commerce is as great as with any in the countrey, and our dangers (being a frontier people to the Barbarians) are greater than those of other colonies, and the ill consequences to yourselves would be not a few nor small, and to the whole land, were we first massacred or mastered by them. I pray your aequall and favourable reflection upon that your law which prohibits us to buy of you all meanes of our necessary defence of our lives and families (yea in this most bloudy and massacring time.)

We are informed that tickets have rarely bene denied to any English of the country; yea the barbarians (tho' notorious in lyes) if they professe subjection, they are furnished: Only ourselves, by former and later denyall, seem to be devoted to be the Indian shambles and massacres.

The barbarians all the land over are filled with artillerie and ammunition from the Dutch, openly and horridly, and from all the English over the country (by stealth) I know they abound so wonderfully, that their activitie and insolencie is grown so high, that they dayly consult and [Page] hope and threaten to render us slaves, as they long since (and now most horribly) have made the Dutch.

For myselfe (as through Gods goodness) I have refused the gaine of thousands by such a murtherous trade, and think no law yet extant amongst yourselves or us secure enough against such a villainie; so am I loath to see so many hundreds (if not some thousands) in this colonie destroyed like fools and beasts without resistance: I grieve that so much bloud should cry against yourselves, yea and I grieve that (at this instant by these ships) this cry and the premisses should now trouble his highnes and his councell. For the seasonable preventing of which is this humble address presented to your wisdome, by him who desires to be

Your unfeigned and faithful servant, Roger Williams, of Providence plantations, president.

Hon. Sirs, Since my letter, it comes into my heart to pray your leave to add a word as to myselfe, viz. At my last returne from England I presented your then honoured governor, Mr. Bellingham, with an order of the lords of the councell for my free taking ship or landing at your parts, unto which it pleased Mr. Bellingham to send me his assent in writing, I humbly crave the recording of it by yourselves, least forgetfullnes hereafter againe put me upon such distresses as, God knows, I suffered when I last past through your colonie to our native country.

Copy of a Letter from Providence Plantations to the General Court of the Massachusetts.

Providence, 12.3.56. (so called)

MAY it please this much honoured assembly to remember that, as an officer and in the name of Providence Colonie. I presented you with our humble requests [Page] before winter, unto which not receaving answer I addressed myselfe this spring to your much honoured Governor, who was pleased to advise our sending of some of Providence to your assembly.

Honoured Sirs, our first request (in short) was and is, for your favourable consideration of the long and lamentable condition of the town of Warwick, which hath been thus. They are so dangerously and so vexatiously intermingled with the Barbarians, that I have long admired the wonderfull power of God in restraining and preventing very great fires, of mutuall slaughters, breaking forth betweene them.

Your wisedomes know the inhumane insultations of these wild creatures, and you may be pleased also to imagine, that they have not bene sparing of your name as the patron of all their wickednes against our English men, women and children, and cattle to the yearely dammage of 60, 80 and 100l.

The remedie is (under God) only your pleasure that Pumham shall come to an agreement with the towne or colonie, and that some convenient way and time be set for their removall.

And that your wisdomes may see just grounds for such your willingness, be pleased to be informed of a realitie of a solemne covenant betweene this town of Warwick and Pumham, unto which, notwithstanding that he pleads his being drawne to it by the awe of his superiour Sachims, yet I humbly offer that what was done was according to the law and tenour of the natives (I take it) in all New England and America, viz. that the inferiour Sachims and subjects shall plant and remove at the pleasure of the highest and supreme Sachims, and I humbly conceave that it pleaseth the Most High and only Wise to make use of such a bond of authoritie over them, without which they could not long subsist in humane societies, in this wild condition wherein they are.

2. Please you not to be insensible of the slipperie and dangerous condition of this their intermingled cohabitation. [Page] I am humbly confident, that all the English towns and plantations in all New-England put together suffer not such molestation from the natives as this one towne and people. It is so great and so oppressive that I have dayly feared the tidings of some publicke fire and mischief.

3. Be pleased to review this copie from the lord admirall and that this English towne of Warwick should proceede, also that if any of yours were there planted they should by your authoritie be removed. And we humbly conceave that if the English (whose removes are difficult and chargeable) how much more these wild ones, who remove with little more trouble and dammage then the wild beasts of the wildernes.

4. Please you to be informed that this small neck (wherein they keepe and mingle fields with the English) is a very den of wickednes, where they not only practice the horrid barbarisms of all kind of whoredoms, idolatries and conjurations but living without all exercise of actual authoritie, and getting store of liquors (to our griefe) there is a confidence and rendezvous of all the wildest and most licentious natives and practices of the whole country.

5. Beside satisfaction to Pumham and the former inhabitants of this neck, there is a competitour who must allso be satisfied, another Sachim, one Nawwushawsuck, who (living with Ousamaquin) layes claime to this place, and are at dayly fewd with Pumham (to my knowledge) about the title and lordship of it. Hostilitie is daily threatned.

Our second request concerns 2 or 3 English families at Pawtuxet who, before our charter, subjected themselves unto your jurisdiction. It is true, there are many grievances betweene many of the town of Providence and them, and these I humbly conceave may best he ordered to be composed by reference.

But (2) we have formerly made our addresses and now doe for your prudent removall of this great and long obstruction to all due order and regular proceedings among us, viz. the refusall of these families (pretending your name) to conforme with us unto his Highnes authoritie amongst us.

[Page]3. Your wisedomes experimentally know how apt men are to stumble at such an exemption from all duties and services from all rates and charges either with yourselves or us.

4. This obstruction is so great and constant, that (without your prudent removall of it) it is impossible that either his Highnes or yourselves can expect such satisfaction and observance from us as we desire to render.

Lastly, as before, we promised satisfaction to the natives at Warwick (and shall all possible ways endeavour their content) so we humbly offer as to these our countrymen, First, as to grievances depending, that references may settle them. 2dly, For the future, the way will be open for their enjoyment of votes and privileges, of choosing or being chosen to any office in towne or colonie.

Our third request is for your favourable leave to us to buy of your merchants fower or more barrells of powder yearely, with some convenient proportion of artillerie, considering our hazardous frontier situation to these Barbarians, who from their abundant supply of armes from the Dutch (and persidious English all the land over) are full of our artillerie, which hath rendered them exceedingly insolent, provoking and threatning, especially the inlanders which have their supply from the fort of Aurania. We have bene esteemed by some of you as your thornie hedge on this side of you; If so, yet an hedge to be maintained: If as out sentinells, yet not to be discouraged. And if there be a jealousie of the ill use of such a favour, please you to be assured that a credible person in each towne shall have the dispose and managing of such supplies according to the true intent and purpose.

For the obtaining of these our just and necessary petitions we have no inducement or hope from ourselves; only we pray you to remember that the matters prayed are no way dishonourable to yourselves and we humbly conceave doe greatly promote the honour and pleasure of his Highnes, yea of the Most High allso, and lastly, such [Page] kindnesses will be obligations on us to studie to declare ourselves, upon all occasions,

Your most humble and faythfull servants. Roger Williams, President. In the name and by the appointment of Providence Colony.

Honoured Gentlemen,

I pray your patience to one word relating to myselfe only. Whereas, upon an order from the Lords of his Highnes Councell, for my future securitie in taking ship and landing in your ports, it pleased your honoured then Governor Mr. Bellingham to obey that order under his owne hand, I now pray the confirmation of it from one word of this honoured court assembled.

Copy of a Letter from Mr. Roger Williams to the General Court.

Boston 17.3.56. (so called)

May it please this much honoured Assembly,

I Do humbly hope that your owne breasts and the publicke shall reap the fruit of your great gentlenes and patience in these barbarous transactions, and I do cordially promise for my selfe (and all I can perswade with) to studie gratitude and faythfulnes to your service. I have debated with Pumham (and some of the natives helping with me) who shewed him the vexatious life he lives in, your great respect and care toward him, by which he may abundantly mend himselfe and be united in some convenience unto their neighbourhood and your service: But I humbly conceave in his case that dies et quies sanant hominem, and he must have some longer breathing, for he tells me that the appearance of this competitour Nawwushawsuck hath stabd him: May you therefore please to [Page] grant him and me some longer time of conference, either untill your next generall assembling, or longer at your pleasures.

My other requests I shall not be importune to presse on your great affaires, but shall make my addresse unto your secretarie to receave by him your pleasure.

Honoured Gentlemen, Your humble and thankfull servant, R. W.

Copy of a Letter from the Governor and Magistrates of the Massachusets to the Commissioners of the united Colonies, and the Proceedings thereon.

Honoured Gentlemen,

THE remembrance of the solemne covenants and promises the united colonies (in the beginning of their combination) made one with another, not only to strengthen the hearts and hands each of other in appointing and maintaineing of religion in its purity, but also to be assisting each to other where any deficiency in such respects may appear, hath putt us upon the pursuance of our endeavours to discharge our duties in desireing you to consider of some such meete way and expedient, as where any defect appeares in any colony in the right improvement of such meanes and ordinances as the Lord hath appointed all his to use and improve for the edification of the body whereof Christ is the head, till his second coming.

Having heard some time since, that our neighbour colony of Plymouth, our beloved brethren, in a great part, seeme to be wanting to themselves in a due acknowledgment and incouragement to the ministry of the gospell, so as many pyous ministers of the gospell have (how justly we know not) deserted their stations, callings and relations: Our desire is that some such course may be taken, as that a [Page] pyous orthodox ministry may be restated amongst them, that so the flood of errors and principles of anarchy (which will not long be kept out where Satan and his instruments are so prevalent as to prevaile to the crying downe of ministry and ministers) may be prevented.

Here hath arrived amongst us severall persons professing themselves Quakers, fitt instruments to propagate the kingdom of Satan; for the securing of ourselves and our neighbours from such pests wee have imprisoned them till they be dispatched away to the place from whence they came, one of which, Richard Smith, wee have lett out of prison to returne to his family at Southampton, whome wee hope and doubt not but our neigbours of Connecticut well be carefull so to order it as he may doe the least prejudice. As also that some generall rules may be commended to the severall jurisdictions for the settling of government amongst the Indians; that a generall law may also be commended to the generall court to prohibit the sale of horses to Indians, or to transport any mares beyond the seas to Barbadoes or otherwaise, on a severe penaltie, and that some generall rules may be also commended to each generall court to prevent the comeing in amongst us, from forraigne places such notorious heretickes as Quakers, Ranters, &c. and that strong waters to the Indians in all the jurisdictions may be forbidden, that the name of God be not dishonoured. Not else but our best respects to you and earnest desires that the blessing of the Almighty may be on all your indeavours.

Gentlemen, Your assured friends, Edw. Rawson, secretary. In the name and by the order of the generall court.

Boston, 2d Sept. 1656.

§

THE Commissioners haveing considered the premisses, cannot but acknowledge the godly care and zeale of the gentlemen of the Massachusetts to uphold and maintaine [Page] those professed ends of comeing into these parts, and of combination of the united colonies, which if not attended in the particulars aforesaid will be rendered wholly frustrate, our profession miserably scandelised, ourselves become a reproach in the eyes of those that cannot without admiration behold our suddaine defection from our first principles; wee cannot therefore but with all earnestnes commend it to the wisedome and justice of the severall jurisdictions to take effectuall care and make answerable provision, that religion and the ordinances of Christ professed may be upheld and maintained, which cannot be but by a due incouragement of an able orthodox ministry, a discountenanceing of that which is hetrodox and an effectuall course to keepe out heretickes, the great engines of Satan (in these times) to overthrow the trueth, and because this busines is of such high concernment to all, wee shall more particularly impart our thoughts to serious consideration.

1. First, wee cannot (without breach of charitie) but take it for a thing graunted generally by the inhabitants of the united colonies, that an able orthodox ministry is a precious fruite of Christ's death, resurrection and ascention, and necessary for the spiritual good of his people, and to be duely sought after in every society or township within the several jurisdictions.

2. And secondly, that a competent maintenance proportionable to the abilitie of the place and necessitie of the minister is a debt of justice not charitie.

3. Hence thirdly, the minister may justly expect it from that societie and township wherein he labours.

4. The reference or relation of a minister being to the whole societie joyntly, whether in church order or not, his expectation of maintenance, and the debt of justice, is from the whole societie joyntly.

5. Although the societie may according to their discretion use divers wayes to raise this maintainance, yet if the wayes be ineffectual (though the defect may be in some particular persons) the societie cannot be discharged, but is the debtor.

[Page]6. The ingagement being upon the societie, and that according to religion and right reason, it necessarily follows that the society be enabled with sufficient power to discharge it selfe.

7. Therefore the generall court should declare such a power to be in such societies, that there may be no pretence in them for want thereof, and if any societie or township shall be wanting, either out of neglect or opinion, to procure and maintaine as abovesaid an orthodoxe ministry according to the gospell, wee conceive (by the rules of scripture and the practise not only of all christian governments but even of heathen who not only held their sacra in veneration but tooke care of those that had the keeping of them and the charge of making knowne their misteries) the severall generall courts stand charged with the care that the people professing christianitie owne and live according to rules and ordinances of their profession, and that the dispensers of them be incouraged as aforesaid. The maintenance of the ministry being a debt of justice from the societie and the societie impowered to discharge it, if any particular person shall be defective to the societie they ought to be ordered by the ordinary course of justice.

These generalls wee thought meete to propose, from whence wee leave to the wisdome of the generall court to draw up such conclusions and orders as may attaine the end desired. And if any of the members of the said court should not concur (at present) with our apprehensions, wee doe earnestly desire that by all meanes they would labour to informe and satisfy themselves of the trueth of the particulars abovesaid, whereof wee (for our parts) have noe doubt. Wee doe further propose to the severall generall courts that all Quakers, Ranters, and other notorious heretickes be prohibited comeing into the united colonies and if any shall hereafter come or arrise amongst us, that they be forthwith secured or removed out of all the jurisdictions. That some safe provision be made against selling or giving strong lyquors to the Indians without particular and expresse licence from some magistrate, [Page] or other officer thereunto deputed, and that upon some weighty cause or exigent. And that noe horse or mare, young or old, be sould to any Indian, under the penaltie of five for one.

And as to the restrainte of sending forth or transporting, that each jurisdiction be left to theire libertie.

Copy of the Case of George Giddings and others of Ipswich, referring to Mr. Cobbet.*

June 22. 1657. George Giddings, plaintiff, against Edward Browne, defendant.

In an action of trespass upon the case for entering his house and severing his pewter dishes or platters and marking of them.

I find in this case for the plaintiff,

Damage | 0—1—0
Costs | 0—5—8

And the case being of very weighty concernment in the countrey (I conceive) I shall expresse the groundes of my judgment.

§

I Understand this to be about a fundamentall law, and that a fundamentall law properly so called. It is such a law as that God and nature have given to a people. So that it is in the trust of their governors in highest place and others, to preserve, but not in their power to take away from them.

Of which sort are these, viz.

1. Election of the supreame governours.

[Page]2. That every subject shall and may enjoy what he hath a civell right or title unto, soe as it cannot be taken from him, by way of gift or loan, to the use or to be made the right or property of another man, without his owne free consent.

3. That such lawes (though called libertyes) yet more properly they may be called rights, and in this sense this may be added as a third fundamentall law, viz.

That no custome or precedent ought to prevayle in any morall case, that may appear to be sinnfull in respect of the breach of any law of piety against the first table, or of righteousnesse against the second.

And for brevity sake I shall now forbear to write further, and respite what I have more to say to be expressed in another paper, what doth more clearely and fully tend to inlighten my judgment in this case, ready to be manifested when occasion is.

Samuel Symonds.

§

June 23. 1657.

Edward Browne appealeth from the sentence in the case above unto the next county court holden at Salem, and acknowledgeth himselfe bound to this government in the summ ot three pounds to prosecute his appeale to effect, according to the law provided about appeales.

Samuel Symonds.

§

At a generall towne meeting the 25th of February 1655. Voted to give 100l. toward building or buying a house for Mr. Cobbet.

This is a true coppy taken out of the towne booke June 20th 1657.

Per me Robert Lord.

§

At a meeting of the select men the 13th of June 1657.

There being a vote of the towne to give one hundred pounds toward building or buying Mr. Cobbes a house, and the last seaven men* accordingly proportioned the same [Page] upon the inhabitants, and complaint being made by the deacons that divers refuse to pay:

It is therefore ordered by the now select men that the marshall, Edward Browne, shall and is hereby impowered to distrayne upon such persons (their severall sums) as refuse or delay to pay their proportion to the hundred pound by vote of the towne given to Mr. Cobbet toward building him a house.

This is a true coppy out of the towne booke, taken the 15th of June 1657.

by Robert Lord.

We whose names, are under written doe witnesse that this order which is above expressed by this coppy was our mind expressed by word to be entered in the towne booke.

W. Hubbard,

Daniel Warner,

John Appleton,

Robert Lord.

A coppy of the summons. To Edward Browne of Ipswich.

You are required to appeare before me upon the second day next, at two of the clocke after noone, it being the 22d day of this instant, to answer the complaint of George Giddings in an action of trespasse upon the case for entering his house and severing his pewter dishes or platters and marking of them, and hereof you are not to fayle at your perill. Dated the 16th day of the 4th month, anno Dom. 1657.

Samuel Symonds.

These coppies written on both sides this paper were examined by the originals by me Samuel Symonds.

June 22. 1657.A coppy of the vote (in the case adjudged) as I have taken it, viz.

Voted to give 100l. towards building or buying a house for Mr. Cobbet.

§

See the Record of the judgmt in the case.WHEREAS when I gave my sentence in the case before me, betweene George Giddings plaintiff, and Edward Browne defendant, in an action of trespas upon the case, &c. I did [Page] expresse some grounds of my judgment to be seen in the records. Now I shall add further what doth induce me to that apprehension in the case, viz.

First, This may be given as a reason, that it is against a fundamentall law in nature to be compelled to pay that which others doe give. For then no man hath any certaynty or right to what he hath, if it be in the power of others (by pretence of authority or without) to give it away (when in their prudence they conceive it to be for the benefit of the owner) without his owne consent.

Secondly, This to me is some strengthning to induce my apprehension in this case, viz. That notwithstanding in England, it cannot be denied, but that mens estates were sometymes unduly taken from them: Some by force, some by fraud, some by sinister wresting of evidences, yea, and sometimes of lawe itselfe, as about knighthood-money, shipmoney, &c. yet I dare say, if search be made into histories, lawyers bookes of reports, &c. it cannot be made to appeare that in the most exorbitant times any man hath had his estate taken from him as by the guift of others, under colour of lawe, or countenance of authority. Noe, noe, lawyers would have blushed to have given such a construction of lawes; and suddenly their faces would have waxed pale. For the Kinge would have beene too wise to have owned the plea. And what would all wise men have said for such taking away the greatest outward right or liberty from them? For it may be understood, that benevolencies, incouraging gratuities, leaves, or privy seales, were not required by lawe, or by pretence of lawe, but desired as by favour. However they were obtained by illegall and tyrannicall meanes, as was apprehended.

This I say further, and I doe argue it from the greater to the lesse. That if noe kinge or parliament can justly enact and cause that one mans estate, in whole or in part, may be taken from him and given to another without his owne consent, then surely the major part of a towne or other inferior powers cannot doe it. But shew us any man that can produce any footstep for such a way, either directly or indirectly.

[Page]But to the contrary it appeareth unto me. See Dalton page 401. where it is to this effect. That the kinge cannot release a man out of prison (being in at a private mans suit) to his damage, without his owne consent. Also to the same purpose see Sir Henry Finch, recorder of London, in his first booke of lawe, page 74, having ended his rules about native or fundamentall lawes, he saith in the next page, Therefore lawes positive doe lose their force and are noe lawes at all, which are directly contrary to the former viz. native or fundamentall.

The parliament may tax (and that justly) the whole country to give a guift or reward to one man for some service; for they are betrusted soe to doe. The reason is, it is levied upon the whole country, with their consent, and for the immediate benefitt of the whole.

But if they should doe it between persons (though they should soe doe by power, and the person wronged hath noe remedy in this world) yet it would be accounted tyranny. Is it not to take from Peter and give it to Paul?

If one man, for such or such a turne or good end, may justly be deprived of a fundamentall right or liberty, then an other and an other, and so every man. In England there is but one sort of men that might be deprived of their goods; which sort are usually called slaves but there they are called villeynes to the lord of the mannor.

Thus much concerning fundamentall lawe, in reference to mine and thine, not to be given or taken away without his owne consent.

But now to answer some objections that may be made to the case in hande.

Objection. Suppose it be true what is expressed, and granted that he were a strange man that should deny the same in the generall: Yet, notwithstanding, it hindereth not but that a towne (when and as often as they thinke good, in their prudence) may doe it for good ends, and soe (in speciall cases) it may lawfully be done in the particular, upon the lawe made page the 9th, that every inhabitant [Page]shall contribute to all charges in church and commonwealth (whereof he doth or may receive a benefitt) else he shall be strayned.

Answer. I conceive that it is an extreame dishonour cast upon the generall court, to make such a construction of their positive laws as doth infringe the fundamentall law of mine and thine; for it must needs be voyd, if it should indeed be necessaryly construed against the right or liberty of the subject. But the law in its true sense is good.

Before this recited law was made, though some churches, or townes rather, did agree how much yearely maintenance the minister should have, yet it was not rated, at least in any compellable way by the towne, but men did pay their proportion in a way of voluntary contribution. But some (especially non members) some of them did grow slacke; and so the burthen grew too hevy upon church members, &c. And upon consideration it was found lawfull to make a law to compell every one to beare his owne share; forasmuch as by hearing the word and publique prayer, &c. he did or might receive a benefitt and (in a way of God) be received as a member with the rest. And yet the law was framed soe, as such churches as chose to goe in a voluntary way of weekly contribution or soe, might soe continue, notwithstanding this law, as some churches in this country doe to this day.

But for the right understanding of the word benefitt in the law, it is worthy the consideration or attendance, that benefit and necessary duty must goe together. The law both of God and the country doth require people to goe to the meeting for publique worship.

But it is not understood that any law doth provide that every towne shall buy or build a house for the minister as often as there is a removall by death or otherwise, I mean to be his in propriety.

Let us a little examine the poynt of benefitt that a man doth or may receive, as a motive to such a gift.

[Page]First, suppose or admitt the giver (compelled by the act of others against his will) should gaine twenty fold thereby, viz. by the use of such a smith, or person obtained into towne, yet that doth nothing at all warrant the act.

And if you should onely consider matter of benefitt (not at all in this consideration minding the poynt of lawfullnesse or unlawfullnesse in being compelled to pay) though it be not material to the case (as hath been sayd) whether it be benefitt or not in this respect, yet then the other way voted by the towne, viz. for the ministry, according to the law provided, (by so generall if not universall consent) is to be compared with this way now strayned for, to understand which way turnes the scale for matter of benefitt.

He that layeth downe a summ of money in hand for worke to be done, gives just occasion for others to take into the consideration whether a mans life be soe certayne or his continuance in the place and worke is made so sure as that it is a benefitt to goe in that way rather than in the other: For in any matter of this kind, rightly to understand whether soe or soe be a benefitt, yea or noe, both the present and future arguments must be weighed together.

Obj. But if any should object and say there is noe comparison betweene the benefitt that ariseth by the ministers function amongst people and externall temporall goods, &c.

Ans. It is fully granted in one sense, but not in the sense of our enquiry. Here externall benefitt (in the comparison) is the thing considerable, as that the labourer is worthy of his hire.

For if the objecter should have men otherwise to understand the matter of benefitt, he must alter his mind upon this consideration: Whoever doth but ride through the towne, and the people being met at that tyme, the stranger comes in and speaks some heavenly truths amongst them: Is not this of greater value than all the lands, houses and cattle in the towne? And is it therefore legall and binding, if the major part present doe give him 100 l?

[Page]Obj. But the law urged fol. 9. expresseth civill charges as well as ecclesiasticall; therefore, though it were a mischief to the commonwealth so to interpret generall sentences in positive or court lawes;This is quite contrary to the rules following for interpretatation of laws. this law (so interpreted) will leave them out, if a towne or select men shall thereupon give, and accordingly rate and distrayne such as never consented to their acting, to one good ditcher soe much over and above his allowance for his worke by the rodd, &c. Such a smith soe much, &c. For it is to the benefitt of the towne to incourage them to stay, and so be content to take the lesse wages.

Answ. Amongst 200 inhabitants in a towne, whereof a matter of six, or soe, be worth 2000l. a piece, the rest doe perceive that the six rich men within a yeare will remove their estates out of towne. The towne having a generall meeting doe give 300l. to the present minister, that the proportion of the estates of such rich men may ease themselves for the future: It is in consideration of his staying amongst us and as part of his yearly maintenance and for advancing the lands of the towne in general, either to lett out or sell for such as come into towne after such a summ layd down in hand before the worke be done. And who can deny but the rich men doe or may receive a benefitt, or some benefitt (at the least) thereby, namely, by the word of God preached, before they doe remove theire estates out of towne.

After this there is another tax raised by the towne (there being 20 of good estate though not neare the first) for some good end, &c. and there are divers valuable considerations held forth, them thereunto moving, at last the few riche men begin to perceive that they being few in number shall be levelled, and yet comfort themselves that they cannot be made slaves in this countrey: For though they be thus deprived of their estates, yet they have the words of a law for them; and if all, in a manner, should be thus wasted, yet there is such a way to ease them again.

Thus much touching the matter of benefitt construed and urged by the law, fol. 9,

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About a bargain or contract.

Obj. Suppose it should be endeavoured to be made a bargain, &c.

Ans. It is no matter to the case in question: For though it be in the power of a person or of many (each person consenting) to make a bargain never so much to his owne losse, yet he or they must be holden to it: But otherwise it is with a derived power or trust, being a society; for they have not such an unlimited domination over other mens estates or persons; For, setting aside the consideration of the fundamentall law (before sufficiently spoken unto) they are limited by statute law. And such bargains as bind the non consenters must be just, rationall, and the termes or conditions also expressed and certayne: If any of these fayle noe law will bind them.

This is knowne, that upon motions in towne meetings and other companies, some use one argument or motive, some another. Some are moved with one argument or consideration in his mind, some with another. And is the rule to seeke then (or onely soe in this case) what is the way of nations to understand the mind of the company? Must not recourse be had to the record?

In the case in question, doe the agitations end in a bargain, or in a gift? Whatever the motives were that did incline, &c. if so expressed in termes, it is hard worke to add thereunto or to alter therefrom.

If it were so, that any man were not capable to receive a gift, it might have some colour to be interpreted to be a bargain, or contract.

But if it be an equall or rationall thing to have pay laid downe, or urged to be laid downe afore-hand, where a call of God is acknowledged by accepting and taking office before. And besides the knowledge of the yearely salary. knowing also that the place was willing to expend 150 l. to buy or build a house for the use of the ministry, which during his abode there he was to dwell in.

And when there are noe certayne conditions that doe provide, in case he die or remoove within one yeare, or [Page] one month, his executor to returne part of it to the towne, or when there is no such conditions, nor any at all expressed, and onely one party knowne to consent, and that as they have done, whether this can be called a just and binding contract or bargain, yea or noe, or any at all, let the world judge.

And certayne such as plead on the now defendants party must say it is either a gift or a bargain. If this be endeavoured to be a bargain or contract, it is a very blind bargain, as they say, which (acting upon oath) I could not allow. If a gift (for there may be motives and high considerations in the minds of the granters to give as well as to conclude a bargain) then it doth not bind such as doe not consent to be forced to pay what doe move other men to give away out of their estates.

So much about the matter of contract or consideration.

Now a little about interpretation of lawes and of rules to be attended therein.

Let us not (here in New-England) despise the rules of the learned in the lawes of England, who have both great helps and long experience.

1. First rule is, that where a law is such as that, by wresting, a man may give such an interpretation as will overthrow it, when it might be construed to be good; this is a corrupt interpretation. So holy scripture may be wrested.

Finch p. 33. in his booke of law.If repugnant to fundamentall law, its voyd; as if it gives power to take away an estate from one man and give it to another.

Page 75.It is then consonant, if it be to compell men to pay necessary duties in church and common wealthe, as yearely maintenance.

2. Another rule is about equality. Hence where a company in trust doth act, if any will imply conditions (noe way exprest) yet,F. p. 20. to hold forth any color of binding, they must be knowne to be equall and certaine: though a statute law should provide or expresse mischiefously. See his words at large, justly applyable as is expressed.

[Page]3. Another rule appeareth to this effect. That where a person is sued at a private mans suit, and put in prison upon execution,Dalton p. 401. the king cannot pardon that imprisonment without the consent of the party plt. and the reason is there given; for it is in lieu of damage to the party, as hath been touched before.

4. The law construeth things with equity and moderation;Finch page 55. and therefore restrayneth a generall act, if there be any mischief or inconveniency in it.

So far touching rules for interpretation of laws.

Quest. By the way: Seeing there is so much spoken about fundamentall lawes and interpretations, what may be the difference betweene the late Earle of Straffords interpretations and actings against fundamentall lawes, and sometimes those of other men?

Answ. Although in some things materially they should be the same, yet formally they are not, or may not be so.

The Earle of Straffords acting was found to be a treacherous and perfidious attempt to alter and subvert the frame of polity.

So there were these particulars in it, viz. First, his end was naughr. 2dly, He acted arbitrarily against such lawes. 3dly, It was done perfidiously, it being done willingly.

But others acting against fundamentall law, charity construeth that their end they ayme at is good. Secondly, their arbitrary construction (where it is so) may be through ignorance, or through want of notice taking of such rules for interpretation of laws as are expressed in the lawyers bookes.

Precedents and judgments in courts.

Although there had been noe precedent in the like case, yet I ought (I conceive) to have judged, in the case in question, according to the rules aforegoing: Notwithstanding, I grant that what I find to have beene judged already and acted, both justly and honourably, I ought to be the more confirmed thereby.

[Page]1. In Ipswich, some years since, the town greatly wanted a good chirurgeon, &c. and the inhabitants then generally being desirous of such a person to inhabite amongst us; the chiefe sort consulted how to effect it. It must cost above 50 l to bring it about.

It was concluded that it could not be justly done by way of rate, but each mans name being drawne out (according to a rate) such as were willing did signify the same, and the rest were left to use their liberty.

2. I am informed and doe partly remember it, that some yeares since there was a six acre lott in Ipswich purchased for Jeffery Snelling; but some of the inhabitants consented not: It came it last to a suite in Ipswich court, and it was found against the towne, because by law they could not give away any mans estate against his owne consent, notwithstanding the considerations and motions inducing.

And admitt there were not such weighty considerations or benefitt as in some other case there may be, the degree is not the poynt; for majus et minus non variant speciem. Ambrose Leach the seller of the land. Daniell Clarke was sued.

3. There is yet, I conceave, a concluding argument (in the like case) in the generall court, I referr to the record itselfe (but till an understanding man, then an inhabitant of Weymouth, (as I am informed) mentioned it since the passing of my sentence in the case in question) it was out of my mind.

I remember the substance of it, and I suppose so doe many more. That towne of Weymouth did generally agree to provide an house and meet accommodations for the use of the ministry, to remaine for posterity.This case was tried at a county court at Boston, and found against the town. The matter came into the generall court. Mrs. Richards stood out, and not many (if any more besides) and although the court did soe well like their ayme, or the thing (in itselfe considered) as may by and by appeare, yet it was judged in court that they could not justly impose payment upone one, or more persons, not consenting. [Page] One Dyer was then deputy of that towne, and did prosecute in behalfe of the towne: Yet herein the court gave a testimony of their good liking in respect of the townes intent, viz. in that way to provide for the ministry. And accordingly the law was framed, and enacted for the future,Page 20. that very court.

This provision was not to give away, but to remaine to posterity, and the like provision was for every towne in the country; and that which a great part, if not the greater part, of Ipswich have desired and do still stand for.

Obj. But it may yet further be objected. That the two wayes, viz. of giving a sume, 100 l. more or lesse, and that of laying out 150l. for the ministry, whereby the present minister should have the benefitt and use during his life (if he stayed in the place which he had formerly accepted) and after him the same to remaine to posterity for the use of the ministry, which were best is considerable, &c. Now seeing the greater part doth choose rather the latter way, by a major vote, what great matter if the other part doth not yield to it? or why should they not yet yield to it, for the first way seems to tende most to peace, and there is lesse present expence about it, &c.

Answ. The answer to this is, we are not now upon perswasive arguments, what is least expence. &c. or what may be supposed to tend most to peace, or upon a thing to be done: But I am to judge the case according to justice and right, upon what is already done; wherein, according to my oath and trust, I am not to respect persons in judgment.

Obj. But possibly some will yet further object that it was done in part of his maintenance.

Ans. This is spoken unto already. How can this be part of that contract which was some six weeks before, viz. that he should have 80l. per ann. for his maintenance, and a house was procured for him for the present, and a vote passed to pay 150l. to provide for him during his being in the place, and then to leave it for such an end, &c. especially the matter being soe variously propounded and agreed as each man thought good in the meeting house.

[Page]Some saying to this effect (to promote a guift) that the minister would not stay unless he had soe much to buy or build a house for himselfe in propriety. Others did adhere to the former way agreed upon. Againe, some saying it were best to procure a sum by way of subscription, viz. to put it to men to give as the arguments did move them, in a voluntary way. Others that it might be voted, &c.

All this while noe demandant present nor noe authority to this day appearing to mention much lesse to conclude a bargain or contract.

But the result of all motions and arguments was to give 100l. as it is expressed in the record. From which I dare not in any wise in point of justice receed.

Obj. Lastly, if it be objected that in that there was soe great a sume given or granted it may stumble the busines, but had there beene a matter of half of it or lesse it would have been held good.

Ans. However too often it falls out in the world that smaller injuries or errors are passed by, being done by the hands of such as have power in their hands and specially if acted by such as are in supreme authority, yet such actings were but a crooked or lesbian rule to justify an act thereby. Will it not be yeelded that majus & minus non variant speciem? If the major part can justly give away one pound, by the same reason 100l. yea 1000l. If one acre of another mans ground, his orchard also, yea his farme as well. And that although a parliament or generall court cannot doe it.

Such as promisse a guift it behoves them in poynt of conscience to make payment (and they only it is conceived) though not as vote of the towne, but as each particular mans promisse doth binde himself.

Quest. If it be demanded whether there be any difference detweene disposing mens estates by way of guift (under colour of law and countenance of authority) unto other men against or without the consent of the owners and the doctrine of levellisme.

[Page]Ans. It may be answered (I conceive) to this effect, viz. That of the levellers, though wicked and absurd, yet it is as yet but doctrinall (I thinke) but this kinde of transposeing mens estates is both doctrinall and practicall alsoe, and soe leadeth more directly to tiranny as it seemeth.

Secondly, Levellisme (I take it) reacheth but to the estate, &c. But this (if accounted legall) men may for a debt soe obtained (as in other cases) upon execution for a debt inforce the person to prison, or expose him to be sould to make payment.

Quest. But what if there be an interpretation put upon the words of the records, and call it a contract, will not this help the matter.

Ans. This liberty to interprett acts or records against the playne words thereof (if it be a help) I suppose it is to make the matter worse in this respect (if worse can be) then the doctrine of levellisme, for by their doctrine (I thinke) a man may understand what they meane by their words, and their words are used (its likely) in one fence.

But this kinde of liberty of interpreting seems to countenance and strengthen the opinion of the scepticks, which makes all things true, and soe indeed nothing true or certayne. Hence when an act will serve the turne let the words stand, else take liberty to interpret them for their purposes.

If this kind of liberty be good, either to construe laws (provided for necessary payments) or turning guifts into contracts (as men please) then indeed it is all one whether both parties be present when the busines is in hand or not. And though it was wont to be lawe that a bargain, whether it proveth gaynfull or loosing, yet being made bindeth both parties. But had this vote beene for 20l. M (or soe) instead of 100l. would it be interpreted good, binding and disanulling of the vote for the 150l? But this was intended doubtless by some, namely by granting a new sume to change or repeale the act for the former way agreed on, according to the lawe and the townes contentment, though herein alsoe they did mistake, for there [Page] appeareth to be noe vote to disanull the former. Soe that if there were divers more graunts or gifts in this kind, they were all additionall, and would all be gotten by suit and distresse, and if this may, justly be obtained by lawe.

The question unto this court is annexed under the hand of the clerk of Salem court.

It being framed in one question by Salem court, it doth consist of a compound axiome.

Upon viewing whereof I finde the paper to contayne two questions distinctly taken.

1. First, Whether the vote doth binde all or any of the inhabitants of the said towne to pay any thinge towards the said 100 l.

2. Secondly, Whether such as voted not but are and were unwilling may be compelled thereunto, yea or noe?

The first of these doth not concerne such as refuse to pay or are defendants in the case originally: Save that they are bound to desire that matters may be rightly understood and judged. Not doubting but the court seeth a manifest difference betweene a mans being bound in private conscience to performe his owne promisse, and being legally bound by a vote of a towne. For a towne or court cannot or need not distinguish of particular persons who is for the affirmative, who not. But how many, &c. Its the validity of a major part's vote is in question; not the personall vote of this man or of that.

The latter doth properly concerne the said defendants. For payment whereunto, or accordingly, they are sued and their goods distreyned. And the case is now come to this court for resolution.

The order of the towne of Ipswich, its proceeding in reference to the answers in question was to this effect, viz.

At a meeting in Ipswich October 55, about the tyme of Mr. Cobbetts coming to towne, there was a vote past to pay 80l. per ann. for his maintenance.

[Page]Alsoe there was another vote of the towne expressing their willingnes to disburse a sume not exceeding 150l. to provide for the ministry.

And there was a meeting of the towne in February following (being about six weekes after Mr. Cobbett was ordayned) upon much agitation to and fro there was a vote past in these words, viz. Voted by the towne to give 100l. to buy or build a house for Mr. Cobbett.

It is conceived that the view hereof doth afford argument for further clearing and confirming (if need were) of what is argued for in this paper.

To conclude this matter, I thank God, I am for ordinances both in church and common wealth; and consequently for due meanes for the upholding of them (and doe account it not onely a great wickednes to be contrary-minded, but extreme folly and madnes) and I thinke it tends to the honour of them, when, in reference thereunto, provision is made either in a voluntary or else in a way of compulsion, grounded upon such principles as both here and in other nations will be owned as just and equall.

I doe sometymes remember what is said of Levy. In poynt of right and truth, he tooke noe notice of father or mother. And that is the way to establish love and peace in this our Israel. And the holy scripture doth oblige the doctrine and practice of piety according to the first table, and of distributive justice in the second, both expressly, or by necessary consequence, at the hands of such as are called to dispence the same, though they take not oath soe to doe.

It is supposed that noe man is come to New England to have his goods given and taken from him, unto, or for what good end, or under what pretence soever.

If this should be confirmed for good law; henceforth then (I conceive) there will be noe more need, or little, to make any more propositions for voluntary contributions.

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Vote of the General Court.

AT a generall yearly meeting of the inhabitants of the towne of Ipswich 25 Feb. 1655, voted to give one hundred pounds towards building or buying a house for Mr. Cobbett.

The Question being put, Whether this vote doth bind all or any of the inhabitants of the said towne to pay any thing towards the said 100l. and whether such as are unwilling may be compelled thereunto or no? The deputies on a hearing of the reasons alleaged on both sides, and on serious consideration of the same, have resolved in the negative, with reference to the judgment of our honoured magistrates heerein.

20th 8th 1657.

William Torrey Cleric.

The magistrates consent not heereto.

Edward Rawson, Secretary.

To the honoured Generall Court now assembled.

WHEREAS it hath pleased God in the way of his providence to exercise the towne of Ipswich with great troubles, by removing those reverend elders which they formerly enjoyed, it pleased God in our straits by the help of our honoured Governor, Deputy Governor and severall of the reverend Elders, to provide for us an able helpe in the worke of the Lord among us, our rev. pastour Mr. Th. Cobbet, whom now at present we enjoy. After he was come amongst us, we came in a church-meeting to consider how to provide for his maintenance, in which we conceive a house must be provided for him. Then the case came to be propounded to the towne in a generall towne-meeting, where being some agitations about it, there passed a vote, which is here expressed.

Voted to give 100l. towards the building or buying a house for Mr. Cobbet.

Which vote was full and cleare; and afterwards there was a proportion made by the selectmen of the towne upon the severall inhabitants. But there being diverse of them that refused to pay their proportion, the deacons [Page] came to consider with the selectmen what to do about it, and they ordered the marshall to distreine one, or two. He was sued in an action of trespasse before our honoured magistrate Mr. Samuel Symonds, from whose judgment he appealed to Salem court; where the partyes appearing, were desired by the court to cease prosecution and to let the question be stated by the court and presented to the generall court. Which was accordingly consented unto. Which we humbly intreat this honoured court to take into their consideration.

A copy of the order of Salem court.

WHEREAS there were severall actions commenced at this court by some of the inhabitants of Ipswich, which were of great and generall concernment. And the court fearing the usuall manner of proceedings would not put a comfortable issue to the said cases, propounded to the partyes that the question in controversy might be stated and presented to the generall court for resolution, which should determine the particular actions and all others that might arise upon the said question, which question was by the court stated with the consent of partyes, and is as followeth.

At a generall yearely meeting of the inhabitants of the towne of Ipswich Feb. 25. 55. voted to give 100l. toward building or buying a house for Mr. Cobbet.

The question is, Whether this vote doth bind all or any of the inhabitants of the said towne to pay any thing toward the said 100l. and that such as are or were unwilling may be compelled thereunto, yea or no? And it is agreed that either party shall have liberty to present their reasons, in writing, to the generall court, pro and con. But no other pleadings by either party to be allowed.

According to which liberty we present as followeth.

The question hath two parts, 1. Whether the vote be binding. 2. Whether such as refuse may be compelled.

The first being proved, the other will easily follow.

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Reasons tending to prove the affirmative.

The vote is legall, therefore binding. It is legall in respect of the matter and manner. For the matter, it is necessary, publicke towne charges, viz. honourable maintenance of the ministry, which the law requires in generall, but leaves to each towne to determine and apply in particular, suitable to their owne condition; provided they are subject to be regulated by higher authority, where need shall require. This honourable maintenance, we conceive, cannot be lesse than that a minister, for his labour in preaching the gospell, (whatever estate he hath of his owne) should have such a recompence whereby he may be enabled comfortably to provide for the present necessity of his family, to be given to hospitality, and to leave some comfortable provision for his family after his decease, as other men by Gods blessing upon their ordinary labours are generally enabled to doe. This being granted which (we hope) seems but just and reasonable, that ministers families may not be left in a worse condition than most other mens, the particular way and manner of affording this maintenance (where there are variety of apprehensions) must necessarily be determined by the major part. So it was in our case, and the towne pitched upon what is expressed in the vote, the due fullfilling of which is necessary and justifiable upon these grounds.

1. The usuall yearly allowance will not reach the former end, viz. to afford any provision for a ministers family after his death.

2. This hath been a common practise among ourselves formerly, and in other places in the country lesse able, not only to give their first but succeeding ministers a dwelling house, or somewhat proportionable that way.

3. This we perceived would be most acceptable, and might rationally be expected, and the other way propounded, of providing a house meerely for use, would not be acceptable, as not being usuall in the country, and apprehended prejudiciall to the familyes of ministers after their decease.

[Page]4. The sume given is not so great as to exceed the end for which it is granted, or to burden the towne in payment of it, and other lesse sumes being propounded, this was freely chosen and resolved on.

This for the legality of the vote in respect of the matter and substance of it.

For the manner. It was a lawful meeting, free liberty of debate being given, and at last concluded by the farre major part, very few opposing it either in debate or voting.

Thus the vote appearing legall, we conceive it binding, and being so, we conceive the towne hath power to compell such as refuse to yield to it, by virtue of a law enacted and established by the generall court, p. 9. providing that all common charges to church and commonwealth may be compelled by assessment and distresse.

To conclude, we hope and persuade ourselves that our brethren are one with us in their love and desire to encourage an able godly ministry among us, and will judge it safest and suitablest both to the mind of God and the godly zeale and religious care of our honoured generall court, to be open, rather then strait-handed that way: And that we would not be justly taxed for, nor exemplary in, the least discouragement of that nature, and that we agree in the end, only differ about the meanes of attaining it.

This 22 of the 4th mo. 1657.

FOrasmuch as there is a case in controversy concerning a sum of money, containing one hundred pounds, voted by some in a towne meeting to be given to Mr. Cobbet for his particular use to buy or build him a house, we whose names are underwritten (promising due reverence to the person fore mentioned) conceiving ourselves not to be obliged by a major vote in an act of that nature, not being involved in that act; we here crave leave, as without offence unto any, to declare our dislike of it, we never acting in it nor gave any incouragement thereunto, seeing noe reason soe to doe; yet doe we declare ourselves [Page] freely willing to contribute as we are able to a convenient habitation for the use of the ministry to remain the townes to posterity, according to the wholsome lawes established by the honoured generall court, provided it may be excepted acknowledged and recorded to belong to the towne for that end, according as is provided in the said recited law, for which end there being a towne-meeting called quickly after Mr. Cobbet came to Ipswich, many of us know there was a vote then passed to raise a sum of money not exceeding one hundred and fifty pounds, which hath not bin as yet demanded, &c.*

At the Court held at Salem 1.5. 1657.

WHereas there were several actions commenced against several of the inhabitants of Ipswich which were of greate concernment and the court fearing the usuall manner of proceeding would impede a comfortable issue to the said cases, propounded to the parties that the question in controversie might be stated and presented to the generall court for resolution, which determine the particular actions and all others that arise upon the said question, which question was by the court stated with the consent of parties and is also as followeth, ‘At a generall yearly meeting of the inhabitants of the towne of Ipswich, 25 Feb. 1655, voted to give one hundred pounds towards building or buying a house for Mr. Cobbet.’

The question is whether this vote doth bind all or any of the inhabitants of the said towne to pay any thing towards the said hundred pounds, and that such as are or were unwilling may be compelled thereunto yea or noe. And it is agreed that the parties shall have libertie to present their reasons in writing to the generall court pro and con, but noe other pleading by either partie to be allowed.

Veria copia, per Elias Stileman, Cleric.

Voted by the whole court 21st Octob. 57.

On the affirmative. E. R. Sec.

[Page]This case thus signed by the officers of the county court at Salem, was presented to the general court sitting at Boston, 14th of Octob. 1657, was at the perusall of the reasons alleadged by both parties taken consideration of, the question resolved in the affirmative.

This is a true coppie.*

Copy of a Letter from Governor Endecott to John Leverett, Esq Agent in England.

Sir,

I Cannot write unto you by a more faithfull friend then I have done, who is able at large to relate unto you how things in general stand here. And that doth save me some labour which at this time is a favour to me. For in this extremitie of heate, and that after a longe sicknes, I am verie faint, not fitt to doe any thing, yet I cannot but, by these, heartilie salute you in the Lord, giving you many thanks for what you sent me. For all good news is welcome to us as you know full well. Yet I cannot for the present answer your expectation touching Road-Island and Clark and Holmes, † but I have acquainted the rest of [Page] the magistrates with your letter who are all readie to gather up sufficient testimonie to prove what you spake to the Protector, and enough to satisfie (we doubt not) your opponent, if he be a lover of the truth. Onlie we would have the generall court act with us therein, which will not meete till September next, when I hope I shall procure a full answere to your former and last letters. What the end is of that point of state to make the Protector king I cannot fathom it, unlesse their proffering and his deniall thereof ingratiate him the more in the hearts of he people. The Lord in mercie guide all to his glorie and the good of those common wealths over whom he hath set him. If there be an opportunitie I pray write a word or two about it, and other occurrences that may fall out. I cannot be sufficientlie thankfull for what you writt unto me last. Great motions there are in the world, which the Lord direct and turne to his glorie, the overthrow of his enemies and the peace and welfare of his owne people. Which is the prayer of

Sir,

Your verie loving friend and servant, Jo. Endecott,

Boston this 29th of the 4 mo. 1657.

Copy of a Letter from Mr. John Leverett to Governor Endecott.

Sir,

YOURS of the 29th, 4th, 57, by my wife, was all I received the last yeare past from your worship or the honoured court, save onely one, at the same tyme, from Mr. Secretary as a cover to a petition and some papers concerning the actings of Providence men and Cheesmans rescue from the marshall. The reason I suppose hath beene the miscarriage of Mr. Garrat,* whome hath not as yett beene heard of, so that I have not beene capable of attending any those commands that might be by you [Page] sent unto me by him; and as the state of affayres hath hapened there hath not beene any prejudise; for although upon the sitting of the last parliament, at theyr meeting in January, I receyved intelligence of something prepareing to be moved in the house respecting the eastern parts under your jurisdiction, whatever it was, it mett with prevention by his Highnes the Lord Protectors dissolving of that assembly, so that as yet I have not heard of any thing moved to his Highnes nor councell, though some are soliciting to that end, but so soone as any thing is upon motion I shall heare of it, and doubt not but to give such answer as shall hinder any proceeding that might be to the prejudize of your government. Sir, There lately past an order of the councell to be confyrmed by his Highnes, for the impowering of you, calling to your assistance such as you shall judge meet, for the examination of the accounts presented by me to his Highnes and councell, which was kept by Mr. Tho. Lake, concerneing the forts, the which with a letter unto you will not have dispatch by this ship, by the next it may, which will be about a month or sixe weekes hence; the favour that I crave from your worship is, that you will please to give a dispatch thereunto, for that though an order is passed for my receipt of the money due upon the saide account, yet I am necessitated, upon what ground I knowe not, to give in bond for the makeing payment, of what shall appeare due to be repayed upon that account to the state. When the order is compleated and your letter, I shall make bold to give you further trouble herein for newes.

London, 16 Ap. 1658.

Copy of a Letter from Mr. John Leverett to Governor Endecott.

Sir,

THESE are to accompany a letter from his Highnes and councell to you, impowering of you to examine the accounts kept by Mr. Tho. Lake, and presented by me, [Page] of disbursements and receipts for the carrying on his Highnes service at the forts taken from the French in America, a hint whereof I gave you by my last of the 16th current; in the letter you are required to call Col. Temple or give him notice thereof, by whose occasion it is, as I suppose, that I meet with this trouble, and if he have nothing of desygne but the gayneing of tyme, upon the state, for his paymecnt acording to his engagements (the which some of his instruments hath confessed to me was aymed at by him) I know not why he should found his owne accommodation upon my real prejudize at present, though I knowe the Lord can turne it to advantage. Sir, my desyre is that you will please to give me favour by your dispatch; for though I may get an order for my money, yet not without giveing good security by bond, the which I must have lye out untill returne from you. Mr. Tho. Lake kept the accounts (I have onely had the honour in disburseing the money and am like to have the trouble in getting of it in) What I presented to his Highnes and councell I had from Mr. Lake subscribed by him, and is what I doubt not his ability and readynes to cleare up whatever may be objected by any, (I know not of any thing unjustly charged either debtor or creditor) he sent vouchers for what was charged, which past the examination of the commissioners of the navy; the principals or coppies I suppose he hath in his hands ready to produce at your command. I shall not further enlarge, but still press for a dispatch, that returne may be made by you to the councell what you finde therein, and that you will be pleased to favour me with a coppy thereof, which is noe more than I have had from all referees to whome my busines hath been referred from tyme to tyme; and this I mention, not questioning your readynes to favour me what justly you may, but that what I doe desire is customary and allowed to all in their busynes.

Sir, I shall send another letter from his Highness and councell, as also of these by another conveyance, for that I had twoe letters of the same date sygned and sealed at [Page] the same tyme delivered me to convey because of the hazard of sea passage. Not further to trouble but with my humble service remayne Sir your humble servant,

London 27 April 1658.

J. L.

Copy of a Letter from Mr. Secretary Rawson to Capt. John Leverett.

Honnored Sir,

THOUGH I have writt to you severall tymes by your wife, per Mr. Garrett, &c. yett have receaved no lyne from you, yett cannot but by so fitt an opportunity and messenger present my best respects to you and your wife, and acquaint you that our generall court in June last wrote a letter to his Highnes the Lord Protector in answer unto his, which however they brake up and gave me no order about it, yet have I inclosed it with a copie thereof unto you, and desire your faythfull and speedy delivery thereof, as per the contents you will perceave there is neede. I hope when our court meets againe in October there will be a more full accompt and particular relation thereto. Here being no news with us but what the bearer, your speciall good friend and couzin, Mr. Edw. Ting, cann and will give you more ample satisfaction in than if I had specified the same, commending you in all your weighty occasions to the Lords blessing and guidance rest

Sir,

Yours to serve you, Edward Rawson, Sec.

Boston, 13 Sept. 1658.

[Page]

Copy of a petition of the inhabitants of Yorke, Kittery, Wells, &c. presented 27th of October 1658, to his Highness the Lord Protector.

To his Highnes the Lord Protector of the Commonwealth of England, Scotland and Ireland, and dominions thereunto belonging.

The humble petition of severall the inhabitants of the townes of Yorke, Kittery, Wells, Saco and Cape Porpus, sometymes under the provinciall government of Mayne and Lygonia, now under the jurisdiction of the Massachusets in New England,

Humbly sheweth,

WHEREAS as information doth report unto us of several addresses lately made unto your Highnes, by some gentlemen of worth, for restitution of their right of jurisdiction over us, claimed by theyr patents, the determination whereof (we humbly conceive) after a legall hearing, rests upon your pleasure, wherein ourselves not being so properly concerned as others, at present, doe purposely wave, craving onely to present your Highnes with a true narrative, though implicite, of our first and last estate, before and since we had this government which through Gods mercy we now enjoy to our good satisfaction, and for our continued setlednes under it we dayly pray, for these reasons.

First, Because of ourselves we have small power to carry on government, being a people but few in number, and those not competent persons to manage such weighty affayres, our weakenes occasioning distraction, our paucity division, our meanes contempt, as our owne former experience hath fully evinced to the totall subverting all civill order amongst us.

2dly, Because chainges cannot reduce things from impossibilityes to make things, of such as are not, to be, the case is ours, the places of our residence admit but of small [Page] inlargement, the generality of the country from us eastward is so confusedly taken up with uninhabitable beings of sterile lands, swamps, and rockey mountaynes, as not more than a few shreds are left by the sea shore fitt for cohabitation, and those already populated by an inconsiderate number of people. How the wisest of such who desyer superintendency over us can settle a well governed commonwealth upon such basis we leave to your wisdome to judge.

3dly, Because changes in these tymes may prove dangerous, where discontented spirits wayte for such opportunityes, which have not beene the least part of that small number amongst us who were professed royalists, whose breathings that way, since our subjecting to this authority, have beene so far stifled, as that the activity of such spirits cannot fynde any, or the least opportunity of motion.

4thly, Because we feare the hurtfulnes of our change. As our government now is, our persons and estates stand under the security of wholesome lawes, watchfull governors, the fathers of our nourishment and peace, whose pyous care not onely tollerates but maynetaynes us the purest institutions for the encouragement of godly persons, both ministers and others, to reside amongst us, but changing it may throw us backe into our former estate, to live under negligent masters, the dainger of a confused anarchy, and such other inconveniencyes as may make us a fitt shelter for the worst of men, delinquents and ill affected persons to make their recourse unto, thereby to exempt themselves from their just deserved punishments.

5thly, Changes are apt to inihilate, unless they prove much for the better, especially in weake boddyes, where heades are far remote; touching such events our former experience hath taught us something, else we crave of those gentlemen who are now so solicitous for government over us, what ment the deepness of theyr sylence severall yeares, both in theyr tongues and penns, as not after our frequency of writing to them they not so much as returne us one sylable of answer, or afford us the least assistance in government; [Page] the want whereof let us sincke into great distractions, for our recovery thence severall amongst us petitioned for government to the collony of the Massachusetts, who after some debate with us and confirmation of some articles of agreement to us, tooke us under theyre authority, unto which we subscribed and subjected ourselves, and under whose protection to continue we account it not the least part of our security and happinesse.

6thly. Because we conceave the confyrming the Massachusets pattent in its due extent, in respect of its antiquity, nuls all after pattents whatsoever, as fully in titles of lands as of government, from both which we expect aequal freedome by theyr just interests and our owne subjection.

Our humble request therefore is, that your Goodness would favour our reasonable entreatyes, whose weakenes calls for support, our manners for some strictness of rule, whose distractions for some present settlement wherein our voate is that it may be as it is under the government of the Massachusets, against which if changes should interpose our inevitable troubles would follow. Our condition as it was in part, and as it now stands, lyes really before your gracious eye, although not so methodically presented, for which we hope our ignorance will excuse us. Touching which if your Highnes expect any further information we beseech your commands herein for a pyous and reverend friend of ours, Mr. John Wheelwright, sometymes of us, now in England, unto whome our estate is well knowne and is able fully to sattisfy any enquiries therein.

Craving pardon for our overmuch boldnes and prolixity, as our dutyes are, so pray we for the Almightys protection to secure your person, his spiritt to guide, his gracious blessing to crowne your high and memorable endeavours with continued succes for the advancement of his owne glory and kingdom, and your happiness here and eternally.

[Page]

Copy of a Letter from Capt. John Leverett to Mr. Secretary Rawson.

Worthy Sir,

YOURS of 13 September received with the enclosed to his Highnes the Lord Potector, dated 10th June 58. Now such was the good pleasure of the Most High, that the Protector, whose commands occasioned that letter in returne, was gathered to his fathers before that came from you, he dyed the 3d September. Upon the 4th his eldest son the Lord Richard was proclaimed Protector, to whome I made my application on the behalfe of the country that day fortnight after; agayne, upon receipt of the generall courts letter, I applyed myselfe to his Highnes and presented the said letter the 27th day of October, he was pleesed to open and read the letter in my hearing, and then gave me assurance as formerly that he had a deep sense how deare the people of N. E. were to his deare father, and that he should be ready in all things to lay forth himself for the good of that people. After my humble thankes returned on the countrys behalfe, I presented a copy of the petition from Pascataqua and Yorke inhabitants (Mr. Godfrey being active about his complaints, the which he still prosecutes and hath procured a reference) his Highnes said he would read the same and consider thereof at more leisurable tyme than he had at that present; so that I doubt not but whatever Mr. Godfrey may doe we shall be able to give such answer as to prevent prejudice to the courts actings as to those parts. For the letter his late Highnes sent, it was procured by a gentleman attends his Highnes; it being drawne up and made ready for signing, and so tooke his opportunity; the secretary hath promised if any thing in future be upon motion refering to the country I shall have notice thereof while I abide here: For state of affaires at present, we are at peace and the great chaynge hath as yett little of the face of chaynge in it; his present Highnes gayneing upon [Page] all that apply themselves to him; writs for a parliament are out; calling them according to the old manner as in anno 40; they are to sit the 27th January; the Dutch sending Lord Opdam with a fleet of nye 40 saile and 4000 men to assist the Danes, was encountered by the Sweeds and well battered; vice-admiral De Wit, the best commander the Dutch has, mortally wounded, taken his ship and all in her, six more the Dutch lost, most disinabled, their admiral Opdam hardly escaping with 5 foot water in hold; since this conflict his Highnes hath sent a fleet of 20 sayle of fregates, under the command of vice admiral Gadson, to assist the Sweed; Sir George Ascue with 300 English commanders and officers gone with him to be commanders in the Sweeds fleet; but the frost in those parts hath been so hard that neither one nor the other could seize the land, as its said. The English agent, Mr. Downing,* and French hath put in their memorandums at the Hague, in name of their masters, that the Dutch desist assistance to continue hostilities betweene the notherne kings, and to provoke them to endeavour a mediation. Upon which the Dutch have recalled some forces intended and are upon sending to mediate a peace.

December 25. 1658.

Copy of a Letter from the Commissioners of the united Colonies to Peter Stuyvesant the Dutch Governor at Manhattoes.†

Much honoured Sir,

WEE presume you have heard from the people of the fort of Aurania, that some of the English have beene lately in those parts upon discovery of some meete places for plantations within the bounds of the pattent of the Massachusetts colonie. which from the latitude of 42 or 42 and 30 minutes, and so northerly, extends itselfe from [Page] east to west in longitude through the maine land of America from the Atlanticke ocean to the south or west sea. And we understand that the government of the Massachusetts have graunted libertie to some of theire people to erect a plantation in these parts and intend to effect the same, yet without intrenchment upon the Dutch rights, and foreseeing some difficulties to beginne a plantation such a distance by land and that the passage up Hudsons river would very much accommodate them in theire designe, wee have thought good on theire behalfe to desire libertie of free passage for theire said planters by your townes and forts upon the said river to the said land, they demeaning themselves peaceably and paying such moderate duties as may be expected in such cases, which being so concordant to reason and the custom of civill nations living in amitie, doth beget in us a confidence that you will be very slow (by an unreasonable denyall) to interrupt the neighbourly correspondency that hath beene betwixt the English and Dutch colonies: For the exact bounds of the Massachusetts pattent wee leave to that government to cleare, onely wee conceive the agreement at Hartford, that the English should not come within ten miles of Hudsons river doth not prejudice the right of the Massachusetts in the upland country, nor give any right to the Dutch there, that agreement intending onely the differences betwixt Conecticott and Newhaven and yourselves on the sea coast, there being at that time no difference betweene you and the Massachusetts, and neither Conecticott or Newhaven pretending any right to the lands up the country within the line aforesaid.

Sir, be pleased to returne your answer to Mr. Endecott, governour of the Massachusetts, from whome wee may understand your resolution. The Lord direct your thoughts to wayes of peace, that amitie and good neighbourhood may be continued with

Sir,

Your loving friends and neighbours, The Commissioners of the united Colonies. Signed by all the Commissioners.

Hartford, 7 Sept. 59.

[Page]

Copy of a Letter from the General Court to Mr. John Leverett in London.

Sir,

WE have received your letter of October 58, with the petition of Mr. George Rigby, &c. have considered the contents of both, and have herewith sent you a copie of our patent, and of the extent of our lyne taken by artests, with severall other writings and letters to friends in reference thereunto, which we desire and hope may be improved to our advantage, and judge it convenient, if there be a fitt opportunitie and friends propitious for us, that it may be a speedy issue. Some considerations we thought good to suggest, which you may make use of as there shall be occasion; as first, from the expresse words of the pattent that determines our northerly bounds, which our generall court hath always understood to meane as you know, as also one other passage in the pattent where it is said that any thing of doubtfull interpretation shall be understood in favour of the patentees. 2dly, At our first coming hither into this wilderness, and for some yeares after, multitude of occasions in the beginning of so great an undertaking did hinder our exact taking notice of our laying claim to the utmost extents of our limits, especially to the norward, nor had we for some time after our coming hither occasion to make use thereof, yet did we never sett up our bounds 3 myles east of Merimack, as the petition mentions, but as occasion was given have always asserted the same limits that now we claim, though we knew not certainly (till tryall made) where it would fall. In the meane time, severall persons procured pattents of certaine tracts of land within the limits formerly graunted us, all or most whereof were obtained surreptitiously and illegally, and afterwards ordered and governed as unduely, the pattentees chiefly ayming at trade or private profitt, neglecting the chiefe end intended, and declared in his [Page] Majesty's original graunt, whence it came to passe that there were severall pettie governments, sometimes by pattent, sometimes by combination, and sometimes the people left in distraction and confusion without any, and in great danger and hazard of shedding one anothers blood, whereupon first divers of the inhabitants of Paskataqua, about the year [...] petitioned this court that as they were conceived to be within our lyne, so they might be actually taken in and governed by us, which accordingly was done by commissions sent from this court, with the consent and good liking of all the inhabitants and persons interested therein, and so have continued with much satisfaction, living in peace and enjoying the fruit and benefitt of good government to this day. In the yeare [...] we took a more exact survey of our limits, and finding these easterly parts mentioned in the petition to fall within our pattent (which is more ancient and more authenticke than any other pretended to by the petitioners) we made declaration thereof to the inhabitants residing within the aforesaid precincts, being likewise petitioned so to doe by divers of the inhabitants beyond Paskataqua river, now called Yorkshire, and after some agitation and conference with the rest of the people there, we came to a friendly and amicable conclusion, that as they were within our pattent so they would forever be subject to this government, wherein they are well satisfied and find the benefitt thereof, as theire petition to his Highnes doth declare; nor was it matter of profitt that moved us hereunto, for we have neither received or expected any thereby, but the obligation of dutie that lay upon us to see the people within our pattent governed according to God, and hath been our diligent care and indeavour, and so shall allwayes be, that all just possessions and improvements shall be preserved and confirmed to the true proprietors there, as it is amongst the rest of the inhabitants that have beene under our government from the beginning. There are severall other scattered inhabitants that live betwixt our lyne and Colonel Temple's, some whereof observing the benefitt theire [Page] neighbours have reaped by good government, have offered themselves to us, which yet wee are slow to accept of, because without our limits, which we desire not to enlarge, but conceive it would much conduce to the peace and wellfaire of the English in these parts, if they were layd to Col. Temple's jurisdiction or this, if his Highness please so to order it (as we have intimated in our letter to my Lord Fienes, &c.)

Concerneing those letters from persons of honour, alledged by Mr. Godfrey to have been sent to the governour and magistrates in favour of him, wee never received and so could returne no answer, and for himselfe, he was one of those that did submitt to this government, accepted of commission from hence and tooke the oath of freemen, and that without any force or compulsion at all, none being used towards him or any other, as is unduely suggested in the petition; and it is no strange thing that Mr. Winslow, Mr. Dudley, &c. should long since, before our limitts were exactly knowne, seeme to owne those for distinct governments which in truth were none, but included in this of ours, as upon the running of our lyne did manifestly appeare.

Sir, the governour and magistrates ordered me to forbeare sending the copies mentioned in this letter till the next ship, the ship being nigh under saile. Accept of my service to you and good Mrs. Leverett, who am

Sir,

Your truly honouring friend, Edward Rawson, Secretary. By order of the Generall Court.

Copy of a Letter from Mr. John Leverett to Governor Endecott and the Generall Court.

London, 13 September 1660.

Sir,

IT may seeme a kynde of immodest importunity in me to reitterate my scribbles to you as I have done and not have any returne, or a sylent charging of your neglect [Page] of your and the countryes concernes that neyther myselfe nor any other for you can heare from you; the consideration whereof had almost wrought me to a resolve of neglecting this opportunity of presenting my due respects in giveing you any account of others motions in England concerneing you; but least you should have cause of chargeing me with neglect I have set pen to paper, to let you understand what I heare in relation to New England. The complaynants against you to the Kings majesty, as I am informed, are Mr. Godfrey and that company, Mr. Reckes and Sefford and company of iron workes, some of the sometymes fyned and imprisoned petitioners, whoe thought, first, to have made theyr complaynts severally, after, resolved in joint by petition; moved to have the quakers and anabaptists joyned but they refused. I have endeavoured to have a sight of theyr petition but cannot procure it; but am informed that, haveing mentioned the articles they petition for, the distance of place does not admit of a way of heareing as being nigher it might. They move that a generall governour may be sent to give reliefe to them. To this petition they get what hands they can of persons that have been in New England, though never inhabitants. The quakers I heare have been with the King concerneing your putting to death those of theyr friends executed at Boston. The generall vogue of people is that a governour will be sent over. Other rumours there are concerneing you, but I omitt them, not knowing how to move and appeare at court on your behalfe, I made bold to address myself to the Lord Say and desyred his favour that in case of complaynts to his majesty he would be your friend, so far as to desyre his majesty that you might be heard before any thing were determined concerneing you as to judgment. His lordship professed his greate respect for the plantations and thanked God he prayed for you dayly, promising to improve his interest according to my motion. I likewise addressed myselfe to the Earle of Manchester, Lord Chamberlaine, who promised the like. By the ships that are expected I perceive [Page] that some of those that complaine doe expect that you will impower some to appeare for you, and thereupon make some demurr in theyr prosecution, but if that be not, then they intend to have something done against the spring of the yeare. The peace with Spayne was proclaimed in London 11th instant, upon the same articles concluded in his late majestyes tyme. Episcopacy, common prayer, boweing at the name of Jesus, signe of the cross in baptisme, the altar and organs are in use and like to be more. The Lord keepe and preserve his churches that there may not be fainting in a day of tryall. With the presentment of all due respects, begging your prayers, commend you to the greate God, and remaine

Yours in all faithfulnes to serve you, John Leverett.

Some quakers say that they are promised to have order for the liberty of being with you.

Copy of a Letter from Governor Endecott to Capt. John Leverett in London.

Sir,

BY the former shipps you will receive letters to two noble persons, by this we have sent a petition to his Majesty, and a petition to the parliament, for the delivery and prosecution whereof we have thought meete to desire your helpe, and our former experience of your readines therein, which we cannot but with much thankfullnes acknowledge, doth persuade us to rely upon your fidelitie of improving your interest and paines so long as your owne occasions shall detaine you there, for which we shall not only acknowledge ourselves your debtors but be ready to discharge ourselves by the first opportunitie when your own occasions shall call you thence. We have desired Mr. Saltonstall and Mr. Ashurst to take the care of the prosecution of our busines according to the instructions which [Page] we herewith send, which we desire you to attend and shall pray for your good acceptance and successe therein, and remain,

Sir

your assured loving friend, Jo. Endecott.

Boston 19th October 1660.

Sir, Accept of my respects and service to you and your wife. These only are copies of the former sent by Mr. Kullams vessell and Col. Croune. I pray hasten the delivery of the petitions, nothing else, but that I am,

Your assured though afflicted friend, Edw. Rawson, Secr.

Copy of the General Courts Address to the King.
To the High and Mighty Prince Charles the second, by the Grace of God King of Great Brittain, France and Ireland, Defender of the Faith, &c.

Most gracious and dread soveraigne,

MAY it please your Majesty, in the day wherein you happily say you know you are King over your British Israel, to cast a favourable eye upon your poore Mephibosheth, now and, by reason of lameness in respect of distance, not untill now appearing in your presence, wee mean upon New England, kneeling with the rest of your subjects before your Majestie as her restored King. Wee forget not our ineptness as to these approaches; wee at present owne such impotence as renders us unable to excuse our impotency of speaking unto our Lord the King; yet contemplating such a King who hath also seen adversity, that he knoweth the hearts of exiles, who himself hath been an exile, the aspect of Majesty, extraordinarily influenced, animateth exanimated outcasts, yet outcasts as wee hope for the truth, to make this address unto their Prince, hoping to find grace in your sight. Wee present this [Page] script, the transcript of our loyall hearts, into your royall hands, wherein we crave leave to supplicate your Majesty for your gracious protection of us in the continuance both of our civill as of our religious liberties (according to the grantees known end of suing for the pattent) conferred upon this plantation by your royall father. This, this, viz. our libertie to walke in the faith of the gospell with all good conscience, according to the order of the gospell (unto which the former in these ends of the earth is but subservient) was the cause of our transporting ourselves with our wives, little ones, and our substance, from that pleasant land over the Atlantick ocean into the vast wilderness, choosing rather the pure scripture worship with a good conscience in this remote wilderness among the heathen, than the pleasures of England with submission to the impositions of the then so disposed and so far prevailing hierarchy, which we could not doe without an evill conscience. For this cause we are this day in a land which lately was not sowne, wherein we have conflicted with the sufferings thereof much longer than Jacob was in Syria. Our witness is in heaven that we left not our native country upon any dissatisfaction as to the constitution of the civill state. Our lot, after the example of the good old nonconformists, hath been only to act a passive part throughout these late vicissitudes and successive overturnings of states. Our seperation from our brethren in this desart hath been and is a sufficient bringing to mind the afflictions of Joseph: But providentiall exemption of us hereby from the late warres and temptations of either party we account as a favour from God; the former cloaths us with sackcloth, the latter with innocency. What reception, courtesy and equanimity, those greater, and others, adherers to the royall interest, who in their adverse changes visited these parts, were entertained with amongst us, according to the meaness of our condition, we appeal to their own reports.

Touching complaints put in against us, our humble request only is, that for the interim, while we are as dumb by reason of our absence, your Majesty would permit nothing [Page] to make an impression on your royall heart against us, untill we have both opportunity and leave to answer for ourselves: Few will be innocent, said that impleader, if it be enough to deny: Few will be innocent, said the then Emperor, if it be enough to accuse. Concerning the quakers, open and capitall blasphemers, open seducers from the glorious Trinity, the Lord Jesus Christ, our Lord Jesus Christ, the blessed gospell, and from the holy scriptures as the rule of life, open enemies to the government itselfe as established in the hands of any but men of their owne principles, malignant and assiduous promoters of doctrines directly tending to subvert both our church and state, after all other meanes for a long time used in vaine, we were at last constrained for our owne safety to passe a sentence of banishment against them, upon pain of death. Such was their dangerous and impetuous and desperate turbulence both to religion and state civill and ecclesiasticall, as that how unwillingly soever (could it have been avoyded) the magistrate at last, in conscience both to God and man, judged himself called for the defence of all, to keep the passage with the point of the sword held towards them, this could do no harm to him that would be warned thereby, their wittingly rushing themselves thereupon was their owne act, we with all humility conceive a crime bringing their blood upon their owne head. The quakers died, not because of their other crimes how capitall soever, but upon their superadded presumptuous and incorrigible contempt of authority breaking in upon us, notwithstanding their sentence of banishment made known to them; had they not been restrained, so far as appeared, there was too much cause to fear that we ourselves must quickly have died or worse, and such was their insolency that they would not be restrained, but by death; nay, had they at last but promised to depart the jurisdiction, and not to returne without leave from authority, we should have been glad of such an opportunity to have said they should not dye. Let not the king hear mens words, your servants are true men fearing of God and the king, not given to change, [Page] zealous of government, order, orthodox and peaceable in Israell; we are not seditious as to the interest of Caesar, nor schismaticks as to the matters of religion, we distinguish between churches and their impurity, between a living man, though not without sickness or infirmity, and no man; irregularities either in ourselves or others we desire to be amended, we could not live without the publick worship of God, nor permitted the publick worship without such a yoke of subscription and conformities we could not consent unto without sin. That we might therefore enjoy divine worship without humane mixtures, without offence to God, man, our owne consciences, with leave but not without teares departed from our country, kindred and fathers houses into this Pathmos, in relation whereunto we do not say our garments are become old by reason of the very long journey, but that ourselves, who came away in our strength, are by reason of long absence many of us become grey-headed, and some of us stooping for age. The omission of the prementioned injunctions together with the walking of our churches as to the point of order, the congregationall way is it wherein we desire our orthodox brethren would beare with us.

Sir, We lye not before your sacred Majestie. The Lord God of Gods, the Lord God of Gods knoweth, and Israel he shall know, if it were in rebellion or schism that we wittingly left our dwellings in our owne country for dwellings in this strange land, save us not this day.

Royall Sir, If according to this our humble petition and good hope, the God of the spirits of all flesh, the father of mercy, who comforteth the abjects, shall make the permission of the bereavement of that all (for which we have and do suffer the loss of all precious, so precious in our sight) as that your royall heart shall be inclined to shew unto us the kindness of the Lord in your Highnesses protection of us in those liberties for which we hither came, which hitherto we have here enjoyed, upon Hezekiahs speaking comfortably to us, as sonnes, this orphan shall not continue fatherless, but grow up as a revived [Page] infant under a nursing father, these churches shall be comforted, a door of hope opened by so signall a pledge of the lengthning of their tranquility, these poor naked Gentiles, not a few of whom through grace are come and coming in, shall still see their wonted teachers (with encouragement of a more plentifull increase of the kingdome of Christ) amongst them, and the blessing of the poor, afflicted (and yet we hope) a people trusting in God, shall come upon the head and heart of that great King who was sometimes an exile as we are, With the religious stipulation of our prayers we, prostrate at your royall feet, beg pardon for this our boldness, craving finally that our names may be enrolled amongst

Your Majesties most humble subjects and suppliants, John Endicot, Governor. In the name and by the order of the generall court of the Massachusets.

Copy of the General Court's Instructions to Capt. John Leverett their Agent in England.
At a Generall Court held at Boston in New-England, 19th December 1660. Instructions for our honoured and loving friend Captain John Leverett, or in his absence Richard Saltonstall and Henry Ashurst, Esqrs.

1. TO take the first opportunity that may be, in the best and most acceptable manner, to deliver the petitions, herewith sent, to his Majestie and high court of Parliament.

2. To interest as many gentlemen of worth in parliament, or that are neere his Majestie, as possibly you may, to owne and favour our cause, and to beget in them a good opinion of us and our proceedings.

[Page]3. By all possible meanes to gett speedy and true information of his Majesties sense of our petition and of the government and people here, together with the like of the parliament.

4. If the King or parliament should demand what those priviledges are which wee desire the continuance of, your answer may be, all those which are graunted us by pattent and that wee have hitherto enjoyed in church and common wealth, without any other power imposed over us, or any other infringement of them, which would be destructive to the ends of our coming hither. As also that no appeale may be permitted from hence in any case civill or criminall, which would be such an intollerable and unsupportable burthen as this poore place (at this distance) are not able to undergoe, but would render authoritie and government vaine and uneffectuall, and bring us into contempt with all sortes of people. And if you find the King and parliament propitious to us, to use your utmost endeavours for the renewing that ordinance that freed us from customs 10th March 42.*

5. Upon any matter of complaint, by any of his Majesties subjects or others, relating to the bounds and limitts of our pattent, our humble desire is that wee may have notice thereof and liberty to answer for ourselves (before any determination or conclusion be made against us) which being done, wee shall finally acquiesse in such issue as his Majesty, the high court of parliament, or any substituted by them, shall put thereto.

6. If any particular be alledged relating to the iron-workes, the answer is, It was first heard and judged in an inferiour court and afterwards upon a full hearing and due consideration by the generall court, who gave judgment impartially, according to the pleas and evidences then produced, and shall be ready, if desired, upon new evidences and better pleas to allow another hearing thereof, and for further and more particular answer hereunto wee must referr you to what you know or hath binn formerly informed from hence.

[Page]7. Concerning our proceedings against the Quakers, our answer is contained in our printed declaration and petition to his Majestie, which wee hope will satisfy, but if there should be any designe to encourage theire coming hither or his Majestie be induced to permitt them theire liberty heere (which God forbid) wee intreate you, above all things else, to use your utmost interest to prevent, as being destructive to our being heere and so contrary to our consciences to permitt, and no lesse oppression of us than the destroying both us and ours by the sword.

8. To give us as full intelligence as may be by the first opportunity of all matters that concerne what you conceive necessary to be done for our advantage.

9. If any objection be made that wee have forfeited our pattent in severall particulars, you may answer that you desire to know the particulars objected and that you doubt not but a full answer will be given thereto in due season.

10. Finally, It is our meaning that if in publick you or either of you be called to answer to these or any other particulars, that you give them to understand that wee could not impower any agent to act for or answer in our behalfe, because wee could not foresee the particulars wherewith wee should be charged, but these are only private intimations to yourselves, which wee desire you to make use of for our indemnitie as you best may in a more private way and personall capacitie.

By the courte, Edward Rawson, Secretary.

Copy of the Elders Advice about the Addresses.*
Present, Mr. Willson, Mr. Mather, Mr. Syms, Mr. Norton, Mr. Elliott, Mr. Higginson, Mr. Thatcher, Mr. Shephard. Mr. Allen, Mr. Wilson, jun.

WHEREAS it pleased the honoured court to recommend some things to the consideration and advice of the elders here present, about the addresses intended, &c.

[Page]1. We acknowledge Gods singular presence with the honourable council in what hath bin allready written to those honourable persons.

2. That our allegiance and subjection to the kings majesty is to be acknowledged (as formerly it hath bin) and is contayned in the pattent itselfe, according to the true meaning thereof.

3. That an address to the king his majesty, or to the parliament, or both together (things circumstanced as they are) as seemeth good to the discretion of the court, is meet and seasonable.

4. It is doubted by the most whether we be called (at this time) to declare (or pronounce) our judgment as concerning the confusions by past however grievous.

5. That all due acknowledgement is to be made of the kings majesty in that high and soveraigne place, or most rightful throne, is meet and necessary, yet how high the congratulations should be, considering things present and the sequels thereof (to God only known) we cannot apprehend.

6. Excepting what is here hinted (and some other lesser passages) we do embrace the draught made by Mr. Norton,* whose great and good paines therein we cannot but thankfully acknowledge, conceiving also the other writings to that end, to be pertinent and thankworthy, likewise.

This paper was presented by Mr. John Wilson, sen. to the honoured court in the name of the elders present. as attests, Edward Rawson, Secr.

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Copy of a Letter from his Majesty King Charles II. to Governor Endecott.

CHARLES, R.

Trusty and well beloved.

WEE greet you well. It having pleased almighty God, after long trialls both of us and our people, to touch their hearts, at last, with a just sense of our right, and by their assistance to restore us peaceably and without bloud to the exercise of our regall authority for the good and wellfare of the nations committed to our charge. We have made it our care to settle our lately distracted kingdoms at home, and to extend our thoughts to increase the trade and advantages of our colonies and plantations abroad. Amongst which as wee consider New-England to be one of the chiefest, having enjoyed and grown up in a long and orderly establishment, so wee shall not come behind any of our royal predecessors in a just encouragement and protection of all our loving subjects there, whose application unto us, since our late happy restoration, hath been very acceptable, and shall not want its due remembrance upon all seasonable occasions; neither shall we forget to make you and all our good people in those parts equal partakers of those promises of liberty and moderation to tender consciences expressed in our gracious declarations; which though some persons in this our kingdom of desperate, disloyal and unchristian principles, have lately abused to the publick disturbance and their owne destruction, yet wee are confident our good subjects in New-England will make a right use of it, to the glory of God, their own spiritual comfort and edification. And so wee bid you farewell. Given at our court at Whitehall, the 15th day of February 1660, in the thirteenth year of our reigne.

Will. Morrice.

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Copy of a Report made to Governor Endecott by Thomas Kellond and Thomas Kirke.*

Honourable Sir,

WEE according to your honours order departed in search after Col. Goffe and Whaley (persons declared traytors to his Majestie) from Boston May the 7th, 1661, about six a clock at night, and arrived at Harford the 10th day and repaired to Governour Winthrop and gave him your honours letter and his Majesties order for the apprehending of Col. Whaley and Goffe, who gave us an accompt that they did not stay there but went directly for New Haven, but informed us that one Symon Lobden guided them to the towne. The honourable Governour carried himselfe very nobly to us, and was very diligent to supply us with all manner of conveniencies for the prosecution of them, and promised all dilligent search should be made after them in that jurisdiction, which was afterwards performed. The 11th day we arrived at Guildford and repaired to the Deputy Governor, William Leete, and delivered him your honours letter and the coppie of his Majesties order for the apprehending of the aforesaid persons, with whome at that time was severall persons. After the perusal of them, he began to read them audibly, whereupon wee tould him it was convenient to be more private in such concernements as that was; upon which, withdrawing to a chamber, he tould us he had not seene the two Colonels not in nine weekes. We acquainted him of the information we had received that they were at Newhaven since that time he mentioned, and thereupon desired him to furnish us with horses, &c. which was prepared with some delays, which wee tooke notice of to him, and after our parting with him out of his house and in the [Page] way to the ordinary, came to us one Dennis Scranton and tould us he would warrant that Col. Goffe and Whaley. at the time of his speaking was harboured at the house of one Mr. Davenport, a minister at New-Haven, and that one Goodman Bishop of the towne of Guildford, was able to give us the lyke accompt, and that, without all question, Deputy Leete knew as much, and that Mr. Davenport had put in ten pounds worth of fresh provisions at one tyme into his house, and that it was imagined it was purposely for the entertainment of them.

And the said Scranton said further, That Goffe and Whaley should say that if they had but two hundred friends that would but stand by them, they would not care for Old or New-England: Whereupon wee askt him if he would depose to that: He replied he would, that it was openly spoken by them in the head of a companie in the field a traineing. Which words was also confirmed by severall others, as allso information that Goffe and Whaley was seene verie lately betwixt the houses of Mr. Davenport and one Jones, and it was imagined that one lay at one of theire houses and the other at the others. Upon which wee went back to the Deputies and required our horses, with aide, and a power to search and apprehend them; horses was provided for us, but he refused to give us any power to apprehend them, nor order any other, and said he could doe nothing untill he had spoken with one Mr. Gilbert and the rest of the Magistrates: Upon which wee tould him wee should goe to New-Haven and stay till wee heard from him, but before wee tooke horse the aforesaid Dennis Scranton gave us information, there was an Indian of the towne wanting, which he tould us was to give notice of our comeing. But to our certaine knowledge one John Megges was sent a horseback before us, and by his speedie and unexpected goeing so early before day was to give them an information, and the rather because by the delayes was us'd it was breake of day before wee got to horse, soe hee got there before us; upon our suspicion wee required the Deputie that the said John [Page] Meggs might bee examined what his business was that might occasion his soe early goeing: To which the Deputie answered that hee did not know any such thing, and refused to examine him; and being at Newhaven, which was on the 13th day, the Deputie arrived within two hours or thereabouts after us and came to us to the court chamber, where wee againe acquainted him with the information wee had received and that wee had cause to believe they were concealed in Newhaven, and thereupon wee required his assistance and aide for their apprehension: To which he answered that he did not believe they were. Whereupon wee desired him to impower us, or order others for it. To which he gave us this answer, That hee could not, nor would not make us magistrates: Wee replied, wee ourselves would personally adventure in the search and apprehension of them in two houses where wee had reason to imagine they lay hid, if they would give way to it and enable us: To which hee replied, Hee neither would, nor could not doe any thinge untill the freemen were met together. To which wee set before him the danger of that delay and their inevatable escape, and how much the honour and service of his Majestie was despised and trampled on by him, and that wee supposed by his unwillingness to assist in the apprehension, hee was willing they should escape: After which hee left us and went to severall of the magistrates and were together five or six hours in consultation, and upon breakeing up of their counsell, they tould us, they would not nor could not doe any thing untill they had called a generall court of the freemen: Whereupon wee represented to them your Honours and Governour Winthrops warrants as presidents, who upon the receite of his Majesties pleasure and order concerning the said persons, stood not upon such niceties and formallities, but endeavoured to make all expedition in seizing on them, if to bee found in their government, and allso how your honour had recommended this grand affaire to him, and how much the honour and justice of his Majestie was concerned, and how ill his sacred Majestie [Page] would resent such horrid and detestable concealments and abettings of such traitors and regicides as they were, and askt him whether he would honour and obey the king or noe in this affaire, and sett before him the daunger which by law is incurred by any one that conceales or abetts traytors; to which the Deputie Leete answered, wee honour his Majestie, but wee have tender consciences.

To which wee replied, that wee believed that he knew where they were, and onely pretended tenderness of conscience for a refusall: Upon which they drew into consultation againe, and after two or three houres spent, in the evening the Deputie and Magistrates came to us at the head of the staires in the ordinarie, and takes one of us by the hand and wisht he had binn a plowman and had never binn in the office, since he found it soe weightie.

To which wee tould them, that for their respect to two traytors they would doe themselves injurie and possibly ruine themselves and the whole collony of Newhaven, and still continuing to presse them to their duty and loyaltie to his Majestie, and whether they would owne his Majestie or noe, it was answered, they would first knowe whether his Majestie would owne them.*

This was the substance of our proceedings, there was other circumstantiall expressions which are too tedious to trouble your honour withall, and which wee have given your honour a verball accompt of, and conceive it needless to insist any further; and soe findeing them obstinate and pertenaceous in their contempt of his Majestie, wee came away the next day in prosecution after them, according to instructions, to the Governour of Manadas, from whome wee received civill respects and a promise, if they were within his jurisdiction, wee should command what ayde wee pleased, but for sending of them according to your honours request, hee could not answer it to his masters at home, but if they came there hee should give your honour timely notice: Whereupon we requested his honour the Governour [Page] of Monada to lay a restraint upon all shipping from transporting of them, which hee promised should be donne, and allso to give order to his fiscall or chief officer to make private search in all vessells for them that were going thence.

Upon which, wee findeing any other meanes would bee ineffectuall, wee made our returne hither by sea, to give your honour an accompt, and to which (when your honour shall require it) are ready to depose to the truth of it, and remaine

Sir,

Your honours humble servants,

Thomas Kellond,

Thomas Kirke.

Boston May 29th 1661.

30th May 1661.

Mr. Thomas Kellond and Mr. Thomas Kirke having delivered this paper to the Governour as their returne, in answer to what they were imployde, deposed before the Governour and Magistrates that what is there exprest is the truth, the whole truth and nothing but the truth.

Per Edward Rawson, Secretary.

Copy of a Letter from Secretary Rawson to William Leete, Esq Governour of New-Haven Jurisdiction.

Honoured Sir,

THE council of our jurisdiction being assembled the 4th instant at Boston, ordered me to signify to you what lately they have receaved from England by Captain Leverett, his letter bearing date 12th April 1661, who tells us that however our addresse to his Majesty came seasonably and had a gracious answer, yett many complaints and claims are multiplied against us, and that wee are like to heare from his Majesty's committee what those [Page] complaints are, and what is expected from us; that an oath was produced against him for saying that rather then wee should or would admitt of appeales here, wee would or should sell the country to the Spaniards; which though he absolutely denyed that ever he so said, and that if he should have so said he had wronged the country very much, some of the said committee said the words if spoken they were pardoned, but they looked at the words not so much his as the spirit of the country, and tho' againe he desired that the country might not suffer, in theire minds, for what he knew was so much and so farre from them, as to thinke ought in any such respect, yet one of them proceeded to question him, whether if wee durst wee would not cast off our allegiance and subjection to his Majesty; He answered, he did apprehend wee were honest men and had declared in our application to his Majesty the contrary, and therefore could not have such thoughts of us without the breach of charity; that it is no lesse than necessary we had some able person to appeare for us, well furnished to carry on our busines, which will not be without money; that the councill for plantations demanded of him whether wee had proclaimed the King and whether there was not much opposition to the agreeing of our application. He answered he knew not, only had heard Capt. Breaden say so, but humbly submitted to theire consideration, that neither wee nor any other were to be concluded by debates but by our conclusions, which were sent and presented to his Majesty in our names. They tooke notice, from enquiry, that it was only from one colony, namely, Massachusetts, and have theire considerations of the other colonies neglects, to speake most favourably thereof. Thus farr as to the letter. Further, I am required to signify to you as from them, that the non attendance with dilligence to execute the Kings majestys warrant for the apprehending of Colonel Whaley and Goffe will much hazard the present state of these colonies and your owne particularly, if not some of your persons, which is not a little afflictive to them. And that in theire understanding there remaines no way to expiate [Page] the offence and preserve yourselves from the danger and hazard but by apprehending the said persons, who as wee are informed are yett remaining in the colony and not above a fortnight since were seen there, all which will be against you. Sir, Your owne welfare, the welfare of your neighbours, bespeake your unwearied paines to free yourselfe and neighbours. I shall not add, having so lately by a few lines from our Governour and myselfe looking much this way communicated our sence and thoughts of your and our troubles, and have as yett received no return, but commend you to God and his rich grace, for your guidance and direction in a matter of such moment, as his Majesty may receave full and just sattisfaction, the mouths of all opposers stopped and the profession of the truth that is in you and us may not in the least suffer by your actings is the prayer of

Sir,

Your assured loving friend, Edward Rawson, Secretary.

Boston 4th July 1661.

In the name and by order of the councill.

Sir, Since what I wrote, news and certaine intelligence is come hither of the two colonells being at New Haven from Saturday to Monday and publickly knowne, and however it is given out that they came to surrender themselves and pretended by Mr. Gilbert that he looked when they would have come in and delivered up themselves, never setting a guard about the house nor endeavouring to secure them, but when it was too late to send to Totocut &c. Sir, How this will be taken is not difficult to imagine, to be sure not well; nay, will not all men condemn you as wanting to yourselves, and that you have something to rely on, at least that you hope will answer your ends? I am not willing to meddle with your hopes, but if it be a duty to obey such lawfull warrants, as I believe it is, the neglect thereof will prove uncomfortable. Pardon me, Sir, its my desire you may regaine your peace (and if you please to [Page] give mee notice when you will send the two colonells) tho' Mr. Wood Greene is bound hence within a month, yet if you shall give me assurance of theire coming I shall not only endeavour but doe hereby engage to cause his stay a fortnight, nay 3 weekes, rather than they should not be sent, expecting your answer, remaine

Sir,

Your assured loving friend and servant, Edward Rawson.

Copy of an Address from the General Court to King Charles II.*
To the high and mighty Prince Charles the second, by the grace of God King of Great Britaine, France and Ireland, defender of the faith.

Illustrious Sir,

THAT majestie and benignitie both sate upon the throne whereunto your outcast made their former addresse, witnes this second eucharistical approach unto the best of kings, who to other titles of royaltie common to him with other gods amongst men, delighteth herein more peculiarly to conforme himselfe to the God of gods, in that he hath not despised nor abhorred the affliction of the afflicted, neither hath he hid his face from him, but when he cried he heard.

Our petition was the representation of an exiles necessities, this script gratulatory and lowly is the reflection of the gracious rayes of christian majestie. There wee besought your favour by presenting to a compassionate eye that bottleful of teares shed by us in this Jeshimon: Here we also acknowledge the efficacie of regal influence to qualify these salt waters. The mission of ours was accompanied with these churches sitting in sackcloth, the reception of yours was as the holding forth of the scepter of life.

[Page]The truth is, such were the impressions upon our spirits when we received an answer of peace from a gracious, from our gracious soveragne, as transcends the facultie of an eremitical scribe. Such, as though our expressions of them neede pardon, yet the suppression of them seemeth unpardonable. A desert condition, in some sense, is an object fittest to magnifie princely radiance, inferior whereto cannot make the wildernes rejoice. Opake bodies occasion the most luculent reflections. Affection makes a rhetorician. Craesus's dumbe son speaks to prevent miserie, and Zedaciah's tongue breaketh loose to acknowledge mercie. It was a day wherein your people, who had forgot prosperitie, the people, the joy of whose heart was long ceased, was revived in the matters of their God. Life from death is so much the more sweet. Gospel libertie, truely so called, is sweeter than life, especially when rescued from its contrarie more bitter than death, and yet more edulcorated when resented as a signal pledge of the kindnes of the Lord in that evangelical promise kings shall be thy nursing fathers. It was a good day, and wee should not doe well to holde our tongue as concerning the heart consolations of your sad abjects, the affectionate benedictions of your most serene highnes tempered with tears of joy, when warmed with the influence of your royal favour they, by way of congratulation, comforted themselves that the breath of our nostrils the anointed of the Lord hath escaped their pits of whom wee begin to say, under his shadow wee shall live amongst the heathen.

Wee are deeply sensible of your Majesty's intimation relating to instruments of Satan, acted by impulse diabolical. Venner (not to say whence he came to us) went out from us because he was not of us. God preserve your Majestie from all emissaries agitated by an infernal spirit, under what appellation soever disguised. Luther sometime wrote to the senate of Mulhoysen to beware of the wolfe Muncer.

[Page]Royal Sir, Your just title to the crown enthronizeth you in our consciences, your graciousnes in our affections; that inspireth unto dutie, this naturalizeth unto loyaltie. Hence we call you Lord, hence a saviour. Mephibosheth, how prejudicially soever misrepresented, yet rejoyceth that the King is come in peace to his owne house. Nowe the Lord hath dealt well with our Lord the King, may New England under your royal protection be permitted still to sing the Lords song in this strange land. It shall be noe griefe of heart for the blessing, of a people ready to perish, dayly to come upon your Majestie, the blessing of your owne people, who (not here to alledge the innocencie of our cause, touching which let us live no longer than wee subject ourselves to an orderly tryall thereof) though, in the particulars of subscription and conformitie, supposed to be under the hallucinations of weak brethren, yet crave leave with all humility to say, whether the voluntarie quitting of our native and dearest country be not sufficient to expiate so innocent a mistake (if a mistake) let God, Angels, your Majestie and all good men judge,

Nowe he, in whose hand the times and tryals of all men are, who hath made your Majestie remarkably parallel to the most eminent of Kings both for the space and kind of your troubles, so as that very day cannot be excepted wherein they drove him from abyding in the inheritance of the Lord, saying goe serve other gods, make you also (which is the crown of all) more and more like unto him in being a man after Gods owne heart, to doe whatsoever he will; yea, as the Lord was with David, so let him be with your most excellent Majestie, and make the throne of King Charles the second both greater and better than the throne of King David, or than the throne of any of your royal progenitors.

So shall allwaies pray Great Sir,

Your Majesties most humble and loyal subjects.

10 August 61.

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The deputyes approve of this letter to be sent to his Majestie (the third section between the lines drawne only excepted) with refference to the consent of our honoured magistrates hereunto.

William Torrey, Cleric.

Consented to by the magistrates. Edw. Rawson, Secretary.

Copy of a Declaration of the Commissioners of the united Colonies concerning Whaley and Goffe.

WHEREAS it appeareth by his Majesties order directed to John Endecott, Esq governour of the Massachusetts and to all other governours and magistrates in New-England, and by him communicated to the respective governours of the united colonies, for the apprehending of Edward Whalley and William Goffe, who stand convicted of high treason for the horrid murther of his royall father, as is expressed in the said order, and exempted from pardon by the act of indemnity; in obedience whereunto dilligent search hath been made for the said persons in the severall colonies (as wee are informed) and whereas, notwithstanding, it is conceived probable that the said persons may remaine hide in some parts of New-England, these are therefore seriously to advice and forewarne all persons whatsoever within the said colonies, not to receive, harbour, conceal or succour the said persons so attainted, or either of them, but that as they may have any knowledge or information where the said Whalley and Goffe are, that they forthwith make knowne the same to some of the governours or magistrates next residing, and in the mean time doe their utmost endeavour for theire apprehending and securing, as they will answer the contrary at their utmost perill. And wee doe hereby declare that all such person or persons, that since the publication [Page] of his Majesties order have wittingly and willingly entertained or harboured the aforesaid Whalley and Goffe, or hereafter shall doe the like, have and will incurre his Majesties highest displeasure, as is intimated in the said order, and will be accompted enemies to the publique peace and wellfaire of the united colonies, and may expect to be proceeded with accordingly.

By the commissioners of the united colonies at theire meeting at Hartford, Sept. 5. 1661.

John Mason,

Samuel Willis,

William Leete.

Thomas Prince,

Symon Bradstreete,

Daniel Denison,

Thomas Southworth,

Proceedings of the Committee of the General Court appointed for the dispatch of Agents to England.*

4 January 1661.

Att a meeting of the committee at the Ancor taverne in Boston, in reference to the dispatch of the worshipful Symon Bradstreete and the reverend Mr. John Norton, messengers appointed by the general court to be sent to England.

Present,

Daniel Gookin, Esq

Thomas Danforth, Esq

Capt. Eliazer Lusher,

Capt. Edw. Johnson,

Mr. Joseph Hill.

The committee sending to the Deputy Governour, desiring his presence and assistance at this meeting, desired he might be excused and came not.

IT is ordered by this committee that the gentlemen chosen at the last and this sessions of the general court to raise money for the accommodating of the messengers [Page] appointed to goe for England to negotiate with his Majesty in behalfe of the country, be hereby desired and impowered to raise fower hundred pounds sterling to be payde unto Symon Bradstreete, Esq and Mr. John Norton at London, within thirty days after their arrivall there, and also procure letters of credit for the said messengers to take up in London what money more they may have occasion to use, not exceeding the sum of three hundred pounds. And it is further desired that the said committee be secret in the management of this affaire, so far as they possibly may, especially respecting the quantity of money procured. And further, wee advise and direct that the said some or somes of money be transmitted into the hands of Mr. Henry Ashurst, in trust for the purposes aforesaid, as also the said committee are to take care that the said persons be honorably and comfortably accommodated with provisions for the sea and other necessaries in that respect and for their passages, and keepe an account of such disbursments to be delivered unto the treasurer of the countrey, who is hereby ordered to make payment of the same together with security for the other somes according to the generall courts order.

The committee having sent for the gentlemen appointed to raise moneys and make provisions as in the order above mentioned, Capt. Thomas Savage, Mr. Hezekiah Usher, Capt. Wm. Davis, and the Secretary appearing had the said order communicated to them and promised to endeavour accordingly.

[Page]The committee spent the rest of this day and the 5th discoursing with the elders of the church of Christ in Boston and in writing a letter to them and the church to desire their concurrence with the vote of the generall court for the sending the reverend Mr. John Norton,The first of these letters was from the generall court, bearing date the 3d January 1661. theire teacher, with the worshipful Mr. Bradstreete into England, to negotiate the countreys affaires with the Kings Majesty, and also writing other letters to other churches, desiring their neighbourly assistance and helpe in their turnes as to supplying of Mr. Nortons absence, which last was not sent forth, the church of Boston otherwise ordering theire supply.

7 January 1661.

The committee meeting againe together, at the Ancor taverne in Boston, according to their agreement or adjournment,

Present,

Capt. Gookin,

Mr. Danforth,

Capt. Lusher,

Capt. Johnson, and

Mr. Joseph Hill.

The Dep. Gov. being againe desired to affoord the committee his presence and assistance, desired to be excused.

IT is ordered that the Secretary doe forthwith transcribe the records of the court referring to the proceedings of the court concerning Gorton and his company, Roade Iland, the Ironworkes, the Quakers, Piscataqua, Dr. Child and his company, Mr. Hieldersham, the Lords letters about appeales, Reasons politicall for these plantations, two coppies of the pattent, Petition to the King, and such other as he shall see needfull to give a right understanding of the grounds of the courts proceedings about the same.

There being great reason that Mr. Bradstreet should have an opportunity to goe and visit his family and sett things in order there, that he might, as soon as may be, give up himselfe to the prosecuting of the courts desire to effect, the committee adjourned to the 18th instant, at the Ancor taverne.

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18th of January 1661.

The committee met together at the place.

Present,

Capt. Gookin,

Mr. Danforth,

Capt. Lusher,

Capt. Johnson,

Mr. Joseph Hill.

AT which meeting Mr. Bradstreet and Mr. Norton presented the propositions here under writ to the consideration of the committee.

1 Q. Whether the asserting the countreys privileges of patent so large as the last petition expresseth be convenient?

2 Q. Whether the committee have power to leave out or alter the said petition, because the courts order requires to keepe the sense and substance of what the court have agreed on?

3 Q. Whither the committee may and will engage, in the name of the court, to make good all such damages as shall befall them by meanes of any complaint or proceedings in England against them on behalfe of the countrey, or as they are the countreys commissioners, whilst they shall there abide on the countreys service?

4 Q. Whether the Deputy Governour declining the assistance of the committee, and the Governour manifesting himselfe, since the court, unwilling to the present sending (as some have suggested) are not just impediments to the proceedings at present, and ground of discouragement?

The committee perusing the questions returned the answers underwritt.

In answer to the 1st and 2d questions.

Whereas the petition to the King, agreed upon by the generall court in their last sessions, was to be presented to our commissioners consideration, and therein they expressed themselves doubtfull of the conveniency of some passages therein mentioned, which at this distance cannot be resolved to satisfaction, wee judge meete to leave and doe here conclude and order that it shall be at their liberty to present the other petition agreed in the former session, in case they shall judge it more conducing to attaine the preservation [Page] of the countreys just liberties and privileges than the latter, and that the names of Mr. Bradstreet and Mr. Norton be inserted in both the first petitions; adding these words after the words suspended lawes (as to death and corporall punishment.)

To the 3d Question our answer is affirmative.

To the 4th Question our answer is negative.

By order of the committee, Edw. Rawson, Secretary.

18 January 1661.

Boston, January 18th 1661.
A writing being exhibited by the honored commissioners of the generall court for negotiating of our affairs with the king's majesty and his most honorable councill. The tenure whereof was as followeth.

THE honored generall court not having leisure to communicate, unto their messengers intended, the matter of their mission with an opportunity to consider thereof, and upon its communication by the honored committee theire appeared these ensuing and unexpected difficulties.

1. Two of the magistrates either not giving their placet, or signifying their non-placet as to the mission at this time, the governor and deputy governor being two of them, and though members of the committee, yet declining so much as to owne the busines with their presence.

2. The very substance of the messuage, doubted even by the greater part of the committee (so farre as appeareth to us) to be inexpedient to the end, if presented at this time, in conjunction with the courts instruction to the committee not to recede from the substance of what hath been agreed upon by them.

3. The seeming difficulties of preparing any messuage, as becometh, in the streight of time remaining.

4. The hazard of the undertaking, in the judgment of the honored committee, so sensible thereof as that they thought meete to order the messengers (whose coming cannot [Page] be hid) yet upon their arrival to abide hidden and forbeare any publick management of affaires untill protection for their persons may be obtained from his majesty, a practise obnoxious to manifold inconveniences.

Wee in respect of the premisses (that wee may have, upon occasion, to answer for and sattisfie ourselves in time to come) doe conceive it our part and duty not to conceale the prementioned discouragement, but thereupon to offer to the committees solemn consideration whether it be not more elligible to improove the power committed to them, rather for the deferring then for the putting on the present mission intended, touching which question, if they incline to the negative, wee hope the best, but if after all they shall still determine for the affirmative a meete message with other requisites provided, wee hope wee shall not be wanting to the duty of patience therein, though destitute of that encouragement which was fundamentall to our acceptance, and in defect whereof our hope was that the authority of this colony would not have expected this service from us, fiat voluntas dei.

Boston 18. 11mo. 1661.

Symon Bradstreet, John Norton.

To which the Committee returned this answer.

THE committee, taking the premisses into their serious consideration, cannot but look upon it as a humbling providence of God towards his poore people, that whilst they are endeavouring (and as they hope in some measure of sincere love to the Lord his truth and ordinances) to wait on God in the use of all lawfull means left unto them for the preservation of such high favours as in sundry respects he hath been pleased to betrust us withall, that so many clouds should hover over our heads for the darkning our pathes, and stumbling blocks appearing in our way to hinder the same, yet neverthelesse being persuaded that not only prudentiall arguments referring to our owne peace and safety, but also the honor of the Lords name, church and wayes, which is now principally shott at by our adversaries, [Page] doeth call aloud upon us not to delay the use of all lawful meanes, and this propounded being upon mature councills in sundry debates agreed upon as the best expedient conducing to such an end, doe account it their duty (the said objections notwithstanding) to further the said gentlemen in the discharge of the trust reposed in them, and cannot consent to any unnecessary delay therein.

Further briefly to the several partes.

To the first, The committee doe indeed concurr with the commissioners that a more full and explicite acting of the said honored gentlemen, were very desirable, but yet not essentially necessary. The honored governor having manifested himself willing not only to give his approbation to such commission instructions and particulars as shall be orderly agreed upon, as also to sign the same according to the appointment of the generall court.

To the second, The committee conceive there is no doubt on their part as to this message, nor yet any inconsistency of what they have propounded with what the general court agreed upon, but such as may be rationally interpreted to be the true meaning of the power committed to them.

To the third, The committee doe conceive they are already agreed of the message, viz. the commissions instructions and petitions as in the former returnes.

To the fourth, That as yet no act hath beene passed by them of such tendency, only some proposals, where they have rather expressed their tender respect towards our honored and deare friends, than any just reason that they have for the entertaining such fears.

Finally, the committee doe propose as a further expedient for the satisfaction of our honored commissioners, that they themselves would be pleased to consider and present unto us what themselves apprehend there yet remains to be done by us for their furtherance in this so great an undertaking, and we hope we shall not be found wanting to their encouragement in what we may.

By order, Edw. Rawson, Secr.

§

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The committee appointed by the generall court for the furtherance of the negociation with his Majesty doe order that the ship Society be stayed on the publick charge, untill such time as the commissioners nominated by the court be ready to goe aboard, and accordingly declared themselves to Mr. Hezekiah Usher.

Edw. Rawson, Secr.

21 January 1661.

Present,

Mr. Gookin,

Mr. Danforth,

Capt. Lusher,

Capt. Johnson,

Mr. Joseph Hill.

A copy of the writing of Mr. Norton presented by himself and Mr. Bradstreet as their final propositions to us respecting their going or not going at this time on the country's service.

WEE whose names are subscribed, mett together as a committee to attend the busines concerning the sending of Mr. Bradstreet and Mr. Norton as messengers from the generall court into England, finding the state of times to be so defective as to the answering the termes upon which the undertaking was on their parts accepted as may minister unto them matter of just discouragement as to their proceedings at present, and also it not being in our power to redresse the same upon consideration thereof together with their care to avoyd offence, especially in a matter of this importance, professed in such degree as that if the committee shall yet declare it their judgment that they ought to goe at this time, they purpose notwithstanding, God willing, to proceede accordingly.

Wee say, in consideration hereof and some other respects not needful heere to be mentioned, we thought meete for the prevention of all grievances or dissatisfaction and fuller deliverance of them from all sufferings in the minds of any who either desired or expected their present going to attest the premisses.

[Page]The question being put, whether this paper passe as an act of the committee.

The committee on serious consideration heereof voted and concluded in the negative.

By order, Edw. Rawson, Secr.

§

Having further considered the reasons presented by our honored friends Symon Bradstreet, Esq and the Rev. John Norton, gentlemen commissioners appointed for our affairs with his Majesty, wherein they expressed themselves doubtfull of their way as to any further proceeding; wee the committee impowered for that matter doe conceive that what is contained in our former answers given in writing doth declare the substance of what can be expected from us, yet neverthelesse that wee be not wanting in the trust reposed in us by the honored court, doe propose to our honored friends, that whereas one part of their objection lyeth in the matter of the addresse agreed upon by the court (for our parts wee understand by all debates in councils and courts that the maine end of this undertaking is for the obtaining his protection and confirmation of our liberties enjoyed by pattent and present establishment) wee doe therefore offer to our honored friends as an expedient to issue this case, that they will please to drawe up our addresse to his Majesty as themselves think may best conduce to the aforesaid ends, and wee hope there shall be no fayling on our parts as to a meete encouragement and approbation thereof, to which purpose, as wee conceive, full power of the generall court is delegated to us; or otherwise, if the matter of labour be too great a burthen to them at such a time, then wee desire they will be pleased briefly to give us in writing what they judge convenient to be added or left out of the former addresses, and wee shall apply ourselves to give further satisfaction in the premisses; and further, wee are ready in all wee may or can to comply with what they shall present, that so this great worke of the Lord be not retarded, his servants grieved, our honored friends in England offended, the Kings Majesty [Page] incensed, our adversaries animated, and advantaged, our All so much hazarded, especially our God dishonoured and displeased, all which wee earnestly desire and shall endeavour may be prevented.

By order, Edw. Rawson, Secretary.

Boston, 23d January 1661.

Present,

Capt. Gookin,

Mr. Danforth,

Major Lusher,

Capt. Johnson,

Mr. Jos. Hill.

THE committe for raising moneys having reported what they had done, i. e. raised about four hundred pounds, the committee ordered that Mr. William Davis, or in case of his death or absence, Mr. Symon Bradstreet take up in London, or elsewhere, of any gentlemen or merchants, what moneys shall be expedient, for the use of the countrey, not exceeding the some of three hundred pounds; which moneys are to be delivered into the hands of Mr. Symon Bradstreet and Mr. John Norton, or either of them, to be disposed of by them for the end aforesaid, and whatever contract the said Mr. William Davis or Mr. Bradstreet shall make in the premisses, either in point of exchange or advance, the said committee doe, in the name and by the power of the court, confirm and ratify; hereby authorising the said William Davis or Symon Bradstreet to charge bills upon the treasurer of the countrey to pay the same according to agreement, who is also hereby ordered and required to accept and pay the same, who is impowered to issue forth warrants for such proportion of a rate upon the people as shall be meete to sattisfy such payments.

Capt. Davis his returne was,

Gentlemen, In reference to your motion for my acceptance of a letter of credit for the taking up moneys as you shall appoint for the use of the countrey to be paid to the honored Mr. Bradstreet and Mr. Norton, I shall with all readines endeavour the same upon the best termes I can [Page] procure it, provided I may be secured from any damage as for my owne estate, in case any unexpected change should come upon the countrey. I pray consider what may be most convenient for my security, and whether the treasurers bond to myself will be sufficient, or whether will he give me such a bond for my security, yea or no?

24 January 1661.

Present,

Capt. Gookin,

Mr. Danforth,

Maj. Lusher,

Capt. Johnson,

Mr. Joseph Hill.

At this meeting the committee determined and concluded upon the addresse to be presented to his Majesty and the commissioners instructions, which are as followeth.

WHEREAS you Symon Bradstreet, Esq and John Norton, Gentleman, are chosen and authorised commissioners for this colony, to petition our Lord the King and to endeavour the preservation and confirmation of our priviledges formerly granted and hitherto enjoyed; in pursuance whereof you are to attend the particulars following.

1. You shall present us to his Majesty as his loyall and obedient subjects and not be wanting to instance in the particulars which most and best render us so to be.

2. You shall endeavour to take off all scandall and objections which are or shall be made against us.

3. You shall endeavour the establishment of the rights and priviledges wee now enjoy.

4. You shall not engage us by any act of yours to any thing which may be prejudiciall to our present standing, according to pattent.

5. You shall give us a speedy and constant account of all your transactions and what else may be of concernment to us.

Signed Jo. Endecott, Gov.

In the name and by the order of the generall court of the Massachusetts jurisdiction in New-England.

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To the high and mighty Prince CHARLES the second, by the grace of God king of Great Britain, France and Ireland, defender of the faith, &c.
The humble Petition and Address of the General Court of the Colonie of the Massachusetts in New-England.

Most gracious and dread soveraigne,

THE purport of this poore script is to supplicate the inclination of your royall eare unto the persons herewith sent, Mr. Symon Bradstreet and Mr. John Norton, after a journey of three thousand miles, prostrate at your highnes feete as messengers from your poore yet loyal subjects.

To implore your gracious confirmation of our pattent graunted by your royal predecessor of famous memory, that encouragement wee have so support us in this wildernes (touching our quiet enjoyment both of our civil and ecclesiastical liberties) together with that further hope wherewith wee are comforted by your serene Majestys late propitious returne to our humble addresse.

To beseech your Majestys grace and favor towards us in what our commissioners shall humbly present as conducing to your Majestys just honor and our good.

Ready to give an account of what your Majesty shall require to be informed in, touching this your plantation.

And also in particular to acquaint your most excellent Majesty, that in observance of your Highnes pleasure signified, requiring us to forbeare the executing of death or inflicting corporall punishment on the people called Quakers wee have suspended the execution of our lawes in that respect; since which, by reason of their practises and principles in conjunction with the distemper of too many ill affected amongst us, (pardon us, Royal Sir, whilst necessitated thereunto wee crave leave to represent unto you that) wee, besides the present disturbance even to some degree of disaffection, doe houerly conflict with the feare of some sad events, calamitous, unsufferable, if not destructive, [Page] until your royall Majesty shall be pleased to concede unto us the security of ourselves by some most gentle and effectuall remedy suitable to our condition.

And now wee humbly pray that these our messengers may, under the shadow of your most gracious protection, have liberty to speake in our behalfe, unto which persons wee most humbly desire your Majesty to give full credence as to loyall and faithfull men intrusted by the representatives of your people in this place, who alwayes shall as in duty they are bound continually pray for your Majestys temporall and eternall happines.

Your Majestys most loyall and humble subjects, Signed Jo. Endecott, Governor.

In the name and by the order of the generall court of the Massachusetts jurisdiction in New England.

At this time also the committee judged it meete to write to my Lord Say, and severall other letters, the copies whereof are.

§

Right Honourable,

THE long experience that your poore suppliants have had of your unfeigned love to the Lord and to his poore people whenever his providence hath given you an opportunitie for their reliefe, especially to these poore sheepe of his in this wildernes, doth embolden us yet further to trouble your Lordship with these few lines.

So great is the fury of the dragon, that when the woman is fled into the wildernes yet he ceaseth not to power out a flood after her, seeking to his power her utter ruin. A taste whereof Gods poore people here doe feele in the violence and rage of these malicious adversaries the Quakers risen up against us, accusing us to his Majesty and intruding themselves upon us, whose worke it is to disseminate their cursed principles and in a tumultuous and rude manner reproaching all established order, as well civill as eccesiasticall, acting a part as commissionated from hell to ruine the poore churches and people of God here.

[Page]Although while wee thus speake wee cannot but acknowledge our God is holy and righteous in all his dispensations towards us, our great unprofitablenes under long enjoyment of his precious ordinances and liberties that wee have beene here betrusted with, having justly provoked his anger against us; yet wee must say with his servant David, let us fall into the hands of the Lord whose mercies are great, and not under the fury and malice of those hereticks whose tender mercies are cruelty.

For which end wee have commissionated our trusty and well beloved friends Mr. Symon Bradstreete and Mr. John Norton, to appeare before his Majesty and his most honorable councill on the behalfe of this colony, to give an account of the condition of his Majestys poore yet loyall subjects in this place and the ground of our proceedings against that wicked sect; as also humbly to implore his Highnes gracious favor for the confirmation of our present enjoyments by letters pattent from his most royall predecessors, for whose furtherance, by opening a doore of accesse to his Majesty and the procuring of his favorable acceptance of our endeavours, wherein wee desire to act not only our owne interest but the interest of our Lord and our King, wee stand in neede of the helpe of our honored friends on the place, and having none on whome wee can repose greater confidence than on your Lordship, wee are therefore bould humbly to crave your honours favour herein, as a motive hereto wee neede not be further tedious to your honour by way of argument, being well assured that the interest which our Lord Christ hath in your Lordship is most effectuall thereto. Unto whose grace and in whose armes of everlasting mercies wee commend your honour in whome wee are,

Right honorable, Your humble servants and suppliants, I. E. Gov. By order of the generall court of the Massachusets.

For the Rt. Hon. Wm. Viscount Say and Seale, &c.

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Att a meeting of the Committee, Boston 24. 11. 1661.

Right Honorable,

THAT respect of yours extended to poore exiles (a condition your honor have sometimes tasted) in the countenance shewed to our humble petition and addresse to his Majestie 1660, doeth beget in us a lively hope of your further clemency in this our present errand, which is to supplicate your honor for favour to the bearers hereof Mr. Symon Bradstreet and Mr. John Norton, sent on purpose as messengers from this poore colony unto our lord the King, for obtaining his grace and protection in the confirmation of our pattent and present establishment, unto which his Majesty's gracious letter in answer to our foresaid addresse doeth much encourage us, also to give an account to his serene highnes in what he shall please to require concerning the state of this his plantation. Wee have appointed these our messengers to wait upon your honour (according to your wonted beneficence) to cast your eye upon them and us, in doing whereof wee shall have cause to pray for, the rich blessing of heaven and earth to descend upon you and yours. So wee trust the God of all grace and glory will not fail to accept and recompence all kindnes extended to this little part of his heritage, so we remaine,

Right honorable Your honors most humble servants, Jo. Endecott, Gov. By order, &c.

To the right hon. Edward Earle of Clarendon, lord high Chancellor of England and one of his Majesty's most honorable privy councill, these humbly present.

§

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Right honorable,

THESE are principally to accompany our beloved friends Mr. Symon Bradstreet and Mr. John Norton, the bearers hereof, who are sent on purpose from us as messengers unto his Majesty to implore his favour and protection in the confirmation of our patent and present establishment, and to give an account, in what he shall require, of the state of this plantation, and to beseech him to tender us in respect of those pestilent hereticks the Quakers who have lately obtained his Majesty's letter requiring us to forbeare their punishments; in observance whereof we have suspended execution of our lawes against them respecting death or corporal punishment; but this indulgence they doe abuse to insolency and seduction of our people, and unlesse his Majesty strengthen our hands in the application of some suitable remedy to suppresse these and others ill affected to our tranquility, this hopefull plantation is likely in all probability to be destroyed, and how farre that will conduce to the King's honor or profitt wee leave to your honors prudence to consider. Therefore if it may please your honour to promote this errand of your humble suppliants and vouchsafe your countenance to our messengers and procure favour and accesse to his Majesty and his ministers of state, you will greatly oblige your servants to blesse God for you, and to pray that the blessing of heaven and earth may rest upon yor head and heart in Christ Jesus in whom wee are,

Right honorable,

Your honors most humble servants, Jo. Endecott, Gov. By order, &c.

For the Rt. Hon. Edward Earle of Manchester, Lord Chamberlaine of his Majestys houshold and one of his Majestys most hon. privy councill, these humbly present.

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Att a meeting of the committee at the place appointed, 25th January 1661. who graunted commission to our messengers and wrote severall letters to them and others, the coppies whereof are as followeth,

Commission.

WHEREAS the generall court of the Massachusets jurisdiction in New England, sitting in Boston the 31st of December 1661, being assured of your wisdome and fidelity, have chosen and authorised you Symon Bradstreet, Esq and Mr. John Norton, to be their messengers, wee the Governour, Deputy Governour and Company of the Massachusets doe hereby give unto you ample power to appeare before our soveraigne Lord the King, his high court of parliament, most honorable privy council or others his ministers of state, on our behalfe most humbly to intercede with him or them for the obteyning his Majestys gracious favour and protection of us his loyall subjects in the confirmation of our civill and ecclesiasticall liberties graunted unto us by patent from his Majestys royall predecessors and at present enjoyed under a long and orderly establishment, and to endeavour what in you lieth to remove all obstructions that may impede the same, resting assured that credence will be given unto you in all respects touching he premisses. In testimony whereof wee have caused the seale of our colony to be hereunto affixed the 25th January 1661.

Signed Jo. Endecott, Gov. in the name and by order, &c.

§

Gentlemen,

The committee advise and direct that you carefully send all your letters and writings of publick concernment by the most faithfull and secret conveyance, directed under cover to V. to be by him delivered to S. with advice to him to acquaint the Governor, Dep. Governor and nearest adjacent magistrates speedily therewith, to be by them or the greater part of them opened and communicated to the council or generall court as they shall judge necessary, and further that you by the first opportunity doe advise in what way our letters shall be directed to you.

Signed per Edw. Rawson, Secretary, per order.

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This day the committee for raising money made theire returne of what money and of whom procured, and was as followeth.

By Mr. Usher

100 £.

By Ensign John Hull

50

By Mr. Wm. Davis

25

By Mr. Beatles

20

By Mr. Boyse

20

By Mr. Russell in English money

30

By Left. Sprauge

30

By Mr. Scottow in Eng. money

20

By Mr. Sheaffe in Eng. money

20

By Mr. John Paine.

50

By Mr. Tho. Luke

10

By Mr. Newgat

10

Per Mr. Stiltson

Eng. money 5.

and flower 15.

20

Per Mr. Lynd money per flower
20

Per Mr. Randall Nicholls flower & cash
20

§

Boston, 25th January 1661.

Mr. Treasurer, Sir,

SUCH is the necessity of our present occasions that wee are againe forced to trouble you againe, and have here inclosed according to your direction particular receipts, which wee pray you signe, that on the receipt of the money they may be delivered to those gentlemen who are willing to pleasure the country in this busines, which wee would entreat them to dispatch forthwith back againe by this messenger that the money may be received to night, for wee now lye on great demurrage. Sir, not else but that wee are yours to serve in what wee may.

Daniel Gookin,

Eleaz. Lusher,

Tho. Danforth,

Edw. Johnson,

Joseph Hill.

§

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Boston in New-England 25th January 1661.

WEE the Committee of the generall court for accomplishment of the negotiation of our messengers for England, by virtue of the authority of the generall court to us derived, doe order that the treasurer of the country shall within one week after the sailing of the messengers from Nantasket issue forth one full halfe rate upon the inhabitants of this jurisdiction, payable in wheat, barly, pease or money, to be brought in before the tenth of the 1st month next, signifying that all such as shall pay in money to abate one fifth part.

By order, Edward Rawson, Secr.

§

Sir,

BEING confidently assured of your readiness to strengthen the hands of your poore exile brethren, whose interest is one, although in their millitant condition scattered here and there upon the face of the earth, and conflicting with many adversaries, who like Sanballat and Tobiah of old, are troubled to see temple worke prosper, the which at present is eminently the condition of God's poore people in this remote wildernesse; by reason whereof the general court of this colony of the Massachusetts, in observance of their duty to God and his Majesty our soveraigne lord the King, have commissioned our trusty and beloved friends Symon Bradstreet, Esq and the Rev. Mr. John Norton to appeare before his Majesty on our behalf, whose occasions for money wee could not certainly foresee, and by reason of our great distance know no better expedient for their supply then by improoving our interest in sundry of our friends on the place. These are therefore to request your favour that in case our said commissioners or Mr. William Davis, our trusty and assured friend, shall acquaint you that they have occasions for supply, that you will be pleased to disburse to the sume of fifty pounds more or lesse, and for your security their bill of exchange signed [Page] by any one of them, and charged on Mr. Richard Russell treasurer of this colony, shall be effectuall for the repayment thereof; and so wee remaine,

Sir,

Your affectionate friend and servant, Edward Rawson, Secr. In the name and by order of the generall court.

This was directed to the much honored Herbert Pelham, Esq &c. The like was directed to Maj. Heines, Mr. Robert Thompson, Mr. Nehemiah Bourne, Mr. Francis Willoughby, Alderman Will. Peake, Mr. Richard Hutchinson, Mr. Thomas Bell, Mr. Edm. White, Mr. Henry Ashurst.

§

Att a meeting 28th January 1661.

Honored Sir,

WHereas the generall court hath seene meete to impower us to dispatch their messengers Mr. Bradstreet and Mr. Norton for the negotiation with his Majesty, all which is now prepared, wee hope to their content, and themselves have declared their readines to attend that service, there remaining now nothing wanting but your signing thereof. We understand by the secretary you have a second time declined; now that we may not be found wanting in our duty, wee have againe sent to your worship, desiring your finall answer concerning the perfecting thereof according to the trust reposed in you by the generall court, which if you shall yet refuse the whole busines will be frustrated, and wee feare his Majesty greatly incensed, our enemies advantaged, our friends discouraged, the chief power of this colony disappointed, many of its eminent servants grieved, and above all our God dishonored, which wee pray may be avoyded. So wee rest your friends and servants.

Signed,

Daniell Gookin,

Eliazer Lusher,

Thomas Danforth,

Joseph Hill.

[Page]

Sir, Wee crave your answer by the gentlemen whom wee have intreated to be the bearers hereof, that no unnecessary charge may accrue to the country by a further demurrage of the ship.

This letter was sent to the Governor by Mr. Edw. Tyng and Capt. Tho. Savage, who returned the answer that the secretary should come to the Governor on the morrow morning about 8 of the clock and he would sign all as is desired. Which was done accordingly.

§

Boston 29th January 1661.

To the honored Committee,

HAVING upon the first communicating the busines of our messuage to England by the honored committee, formerly discerned such unexpected discouragements as that wee took ourselves in point of faithfullness to all parties concerned in so weighty a service to represent the same by writing to yourselves, after which, waiting with much patience if our way might be cleared notwithstanding, and now finding in conclusion the ship being ready to sail (besides some other discouragements not to be neglected) an uncertainty as to the convenient supply of money in England, apprehended requisite for the carrying on of this negotiation, wee crave leave by these to present the premisses put together, as a reason upon the whole circumstancing this busines to the present, with such inconveniencies and hazards in respect of the event thereof, as it seemeth unto us lesse consisting with christian prudence to proceed therein at this time.

Symon Bradstreet,

John Norton.

§

The committee having considered the writing presented them by Mr. Bradstreet and Mr. Norton dated 29. 11. 1661, return as followeth. That they are ready to attend any propositions that may be made by our honored commissioners for their furtherance, according to the power [Page] put into their hands by the generall court, and further they have not to reply, leaving the issue with all future consequences to the allwise disposing hand of God in Christ Jesus.

Daniel Gookin,

Eliazer Lusher,

Thomas Danforth,

Edw. Johnson,

Joseph Hill.

To the end the proceeding of the messengers for England be not retarded or frustrate by any defect of ours, wee by the authority of the generall court to us derived, doe order that such advance for the money raised by the committee for that designe as shall by the said committee or the secretary be ingaged for, shall be repaid by the treasurer, together with the severall summs payable, according to agreement.

Daniel Gookin,

Eliazer Lusher,

Thomas Danforth,

Edw. Johnson,

Joseph Hill.

§

Upon which order the secretary, by advice of Capt. Savage, agreed and signed accordingly, that all such as paid English money, or money in England, should have twenty five percent allowed them.

The committee going home, hoping on the first faire winde to finde and heare the honored messengers to be sailed away, the Lord was pleased to visit the Rev. Mr. Norton, being the second of February, with a violent fitt of sickness and much colde, that he was forced to keepe his bed. On the third day the committee for raising money signified, by letter to the magistrates at Cambridge, the frowne of God in all endeavours and desired their present councill whether to stay the ship for a season, according to former resolution, to see what the Lord would doe in respect of Mr. Norton &c. or to suffer her to passe; advice was returned to issue out warrant for the stay of said ship, which was donne.

§

[Page]

4th February 1661.

To the master of the ship Society.

THESE are to require you, by virtue of the authority of the generall court and on their occasions to make stay of your ship for these five days next coming and not depart the harbour, for which the owners may expect necessary and due demurrage. Dated at Boston this 4th of February 1661.

Per order, Edward Rawson, Secretary.

§

Att a meeting 6th February 1661.

Mr. Secretary,

THE master of the ship having manifested himself that any further delay will be greatly prejudiciall to the owners, &c. our advise is, that in case the gentlemen appointed for the negotiation with his Majesty doe not manifest, under their hands, that a further delay may have a tendency to the furtherance of the ends proposed by the generall court, that then you release the ship from her present stoppage.

Signed by

Daniel Gookin,

Thomas Danforth,

Edw. Johnson,

Joseph Hill.

§

7th February 1661. This directed to the Rev. Mr. John Norton.

Reverend Sir,

THE master of the ship intended for England hath been with us, since lecture, desireing liberty to depart, unto whom wee have no other answer to give, but only to referr him to yourselves, on whose account, according to the trust reposed in us by the generall court, shee was stayed, and in case you shall please to advise us that a further stoppage may be a tendency to the ends proposed wee shall concurr therein; if otherwise, wee are unwilling to force any unnecessary inconvenience on those especially concerned in such delay.

[Page]Sir, Mr. Bradstreet being present with us manifesteth himself ready to attend the service of the country, in case the providence of God give liberty to yourself.

Signed,

Dan Gookin,

Edw. Johnson,

Tho. Danforth,

Joseph Hill.

7. 12. 1661.

§

Mr. Norton returned that his answer is as at the first, he is ready to attend advise.

§

Mr. Secretary,

WHEREAS Mr. Norton hath signified to us that the resolution of his proceeding in his voyage for England doth as yet solely depend on God, our advise is therefore that you forthwith release the ship from her present stoppage, and that in case the gentlemen doe not proceed in their voyage, that you then require from aboard such provisions as have binn put aboard for their accommodation, excepting only what you shall see meete to gratify the seamen withall, and also wee doe advise that, in case of their non going, the bills of exchange be returned to the respective subscribers, and the treasurers bills taken in, that so the country may not be put to further unnecessary damages.

7. 12 mo. 1661.

Jo. Endecott,

Gov. Tho. Danforth,

Eliaz. Lusher,

Ed. Johnson,

Jos. Hill.

Warrant issued accordingly for the ships dismission.

To Mr. Christopher Clarke, master of the ship Society.

WHEREAS by authority of the generall court said ship was made stay of, on their occasions, for five days for which the owners might expect due and necessary demurrage: These are, by advise from the like authority, to declare that the said ship is hereby discharged from her former stoppage.

Dated at Boston, 7th Feb. 1661.

Per order, Edw. Rawson, Secretary.

For the honored committee.

THAT a further delay may have a tendency to the furtherance of the ends proposed by the honored generall court I think cannot be denyed▪ but whether it [Page] will be effectuall unto that end or not, seemeth to be the question, and that such an one whose resolution, as to the certainty thereof, depends solely upon God. To attend his providence in the use of meanes belongs unto man, and in the present case to yourselves belongs (at least in a principall manner) the active part, to the commissioners the passive only, wherein as hath been formerly, by both, so you have hereby againe attested, by the subscriber, all readinesse to resigne up ourselves to the call of God herein, any difficulties notwithstanding, on our parts.

6. 12 mo. 1661.

John Norton.

To which the committee replied.

Sir,

ON perusall of yours, wherein you are pleased to intimate as though something did yet remaine for the committee to be active in, these are only to signify to you, that in case you shall please to advise us wherein wee may further contribute to your furtherance, wee are ready to attend your advise. Sir, with prayers to the Lord for guidance in a right path, wee remaine,

Sir,

Yours wherein wee may serve you,

Thomas Danforth,

Joseph Hill,

Edw. Johnson,

Eliaz. Lusher.

Boston 7. 12 mo. 1661.

§

I Eliazer Lusher being by the committee sent to the reverend Mr. Norton, with a paper drawne in reference to a former paper sent from him to us the committee aforesaid, to understand from him whether he judged there was yet any thing remayning for us further to doe or to be active in, necessary to the promoting the negotiation intended: His answer to mee was, that he knew not of any thing either forgotten, neglected or yet further to be attended by us the committee, in reference to the case aforesaid, or to that effect.

Per me Eliazer Lusher.

§

Mr. Secretary,

SIR, As to the disposall of the provisions provided at the countrys charge for the accommodation of our messengers in the ship Society, our advise is, that in case [Page] they doe not goe, that then you dispose of the same in manner following, i. e. that you leave with the seamen and master the strong liquors, be it more or lesse, the provisions undressed with the wine and bedding that you dispose of it for the countrys benefitt, and the other provisions wee conceive it is meete that you leave the same with the gentlemen for whom it was provided to dispose thereof at their pleasure.

Thomas Danforth,

Joseph Hill,

Edw. Johnson,

Eliaazer Lusher.

7. 12 mo. 1661.

§

The committee having took their leaves of the commissioners, it being very doubtfull and uncertaine whether Mr. Norton would be so well as to adventure to goe, though such a forwardnes appeared as the provisions for their voyage, in a great measure, was sent on board, and a litle before the committee went to their homes, sent for againe, which occasioned the committee to take care to dispose thereof, and also to draw up certaine letters to the persons of honour formerly mentioned, with letters to Col. Temple and Col. Croune, in case of not going, to give his Majesty a sattisfactory accompt that the only reason thereof was that the Lord, whose wee are and in whose hands our times are, by his all wise disposition in such a juncture, had determined it so to be, to whose will wee all owe obedience and submission; and though the provisions came on shoare, which was only housed with a secret hope of Gods mercifull ordering and disposing of such a turne as for which wee should not only rejoice but be thankfull, the letters being writt and sealed; though afterwards, on the second day early in the morning, the Lord so encouraged and strengthened the heart of the reverend Mr. Norton, that he exprest himself willing and resolved to goe that day, being the 11th of February; which on notice of, the secretary delivered the commission, instructions and all writings that concerned the negociation, to the honored Mr. Bradstreet, and made with Capt. Savage and Mr. Usher such further provisions as was wanting and the time would permitt, an account whereof and of the disposing [Page] of the money is ready to be shewne to the honored generall court, with all humble desire of a favorable acceptance of the committees endeavours, which will oblige them to be studious further to serve the country as they are able.

Per order, Edw. Rawson, Secretary.

Copy of a Letter from the Committee of the General Court to Mr. Richard Saltonstall, &c.*

Gentlemen and our very loveing friends,

THE experience that wee have had of your former labour of love and faithfulnes to your remote friends, doth encourage and emboulden yet further to crave your favour, although accompanied with some labour on your part, as to the accomplishing of this our request.

Such is the all-wise providence of God towards us, that after no little travell for the attaineing of meet persons from among ourselves, for our messengers, to appeare before his Majesty and most honorable councell on the behalfe of this colony, together with provision according to our poore ability for such a dispatch, it hath pleased the Lord to frustrate our designe by disinabling one of our said messengers by sicknes, even then when there remained nothing but their going aboard, whereupon the ship hath been put upon demurrage, even to the hazzard both of ship and cargo, by reason of the ice in this cold country, so that we are now forced to send away the addresse to his Majesty with letters to some lords of his honorable councell without our messengers accompanying the same, we being wholly uncapable to impower any other, not having an opportunity to convene our generall court for the commissioning of some other in his stead.

Our request is therefore to yourselves, jointly or severally, as God may give you opportunity, after the perusall of the inclosed to seale up the same, and then improve [Page] your interest in your and our friends for the delivering of our petition to his Majesty, together with a true representation of this our present disappointment of our real intention, as also for the deliverie of our letters to the several lords, craving their favor according to the purport thereof, of whose favourable acceptance we shall be glad to heare by the first opportunity.

As also our request is to yourselves that you be pleased to further our request to his Majesty, being to us a matter of great importance, and wherein, as we conceive, the glory of our God is not a little concerned.

What moneys you expend on this our busines charge it to our account, and we shall readily and thankfully owne the same; and we are confidently perswaded he whose name and glory is so greatly interested in our quarrell with those cursed hereticks, will also owne your labour and travell herein, their mallice being not so much against our persons and estates, as against his truth and ordinances, under which we have here desired to shrowd ourselves. Unto whose guidance and blessing we committ you and yours, and remaine,

Gentlemen,

Your assured friends and brethren in Christ Jesus.

For

Mr. Rich. Saltonstall,

Mr. Hen. Ashurst,

Mr. John Leverett, or any of them.

7th February 1661.

Copy of a Letter from the Committee of the General Court to Col. Thomas Temple.

Sir,

THE experience we have had of your cordiall affection to his Majesty's poore subjects, circumstanced with the distance and meanes of so remote a wildernes condition, doth embolden to the troubling your honor with these lines.

[Page]Such is the good pleasure of him who ruleth all things according to his own will, that when with no little travell and difficulty wee had attained two meet persons from amongst ourselves for our messengers to our lord the King, with some provisions for such an undertaking, according to our poore ability, it hath pleased the Lord to frustrate all our endeavours by his visitation of one of them (i.e.) the Rev. Mr. John Norton, whereby he is disinabled to attend that service; the which, as to ourselves, the disappointment is great, and we cannot but look upon it as an humbling and awfull providence, and that the rather, in that our adversaries thereby have occasion given them to triumph, and to boast themselves that the Lord fighteth against us.

Sir, Your selfe being not long since on the place, we neede not to trouble you with an account of our condition as now circumstanced with the malignancy of our adversaries, especially bent against the interest of the Lord and his poore people here, as yourself do well know, who while they plead with that wicked Haman, that our laws are divers from all people, and do accuse us of disobedience to the laws of our king, and that it is not for his Majesty's profit to suffer us, pretending great profit to his Majesty in case their enterprises may be atchieved, although wee may truly say the enemy in so doing could not countervayle the king's damage.

Our request to your selfe is, that according to the opportunity God hath put into your hands, you will be pleased to further those gentlemen to whome we have committed the trouble of accompanying our addresse to his Majesty together with your presence countenancing of the same, if you shall see meete, and to be futher instrumentall, wherein you truly may, for the removing of any offence that this our disappointment may occasion; assuring his Majesty (as wee hope you have charity towards us) that, however we are loaded with the calumnies of our adversaries, we shall alwayes approve ourselves to be those that feare the Lord and honour our King.

[Page]Sir, We have not to perswade hereto with motives of our owne deserts or with future obligations. You well knowing our condition, how circumstanced, with so great distance and meaness, utterly incapacitating to a suitable returne of your favour; yet we hope you will not find us uncivill in not acknowledging the same. And however it fares with us, you may assure yourselfe that he who keepeth a register of all hearts and thoughts, Mal. 3.16 yea even of a cup of cold water, will not be unmindfull of your labour of love, into whose armes of mercy and blessing in Christ Jesus committing you and all your weighty affaires, we remaine

Yours in wherein we may to serve you, J. E. &c.

For Col. Tho. Temple.

Copy of a Letter from the Corporation in England to the Commissioners of the united Colonies.

Honored Gentlemen,

A Letter of yours being brought hither, directed to Mr. Ashurst and Mr. Hutchinson, though the former of these two gentlemen did by the last ship, as he tells us, acknowledge the receipt of it, and intimate the reasons of our silence, yet we now thinke it meete to assure you also ourselves how acceptable it was to us to be informed, partly by that letter of yours and partly by the relation of some learned ministers that came a while since from New-England, that you continue your care and concerne for the propagation of the gospel of Christ amongst the poore Indians, and we are glad that through the goodnes of God wee are now in a condition to informe you that since the receipt of your lately mentioned letter, it hath pleased the king's majesty (in councill) to grant a charter of incorporation, wherein many of the nobility and other persons of quality, and most of those gentlemen that were [Page] formerly imployed in the like worke are authorized and appointed to endeavour the carrying on of that pious designe (for converting the heathen natives) wherein they deservedly esteeme it both an honor and advantage to be imployed in this new establishment, being among other particulars enjoyned to appointe commissioners in New-England to prosecute there by our directions his Majesties pious intentions; wee judge this to be a matter of the highest concernment that belongs to the worke intrusted to us, for all our endeavours here and all the supplies wee may procure from hence, will be but ineffectuall, though not to our owne souls, yet to the worke wee would promote, unlesse there be a prudent and faithfull management of what wee send over, by the commissioners wee shall appoint in New-England, and those that they shall employ, and therefore since, having obtained the best information wee can and seriously considered the matter, we have pitched on the same course that have beene formerly taken in pursuance of the same ends and care, and accordingly determined at present to desire you to take upon you againe the care and management of this worke upon the place, wee hope you will descerne how great a trust wee willingly repose in you, and wee doubt not of your readines to comply (as formerly you have done) with our directions herein. The busines wherein wee desire to engage you being such as wee thinke it truly honorable to be engaged in ourselves, and the designe being of a nature to which the greatest and most precious promisses are annexed, besides that the civilizing and converting of your barbarous and unbelieving neighbours is that whose successe will be in some regards of more immediate advantage to your selves than to us, our good wishes to so christian a worke makes it much our troble to see that the meanes of carrying it on are no greater then wee now at our entrance find them, which wee mention, not by way of reflection on those to whose hands the management of them was committed before the grant of the charter, but because it is necessary for us to acquainte you with the condition wee [Page] are brought to, partly by the great charge you and wee have been at on severall necessary occasions, and partly (and indeed chiefly) by the injurious dealing of some who take advantage of the letter of the law, against all justice and equitie, to repossesse themselves of what they formerly sold, whereby the greatest part of our revenue is at present detained, which will prove, wee feare, very expensive and somewhat difficult to recover, and therefore wee desire as little money may be drawne on us for this yeare to come as will possibly consist with the not neglecting of what is necessary to be done, wee say for this next yeare because wee cannot be so dispondent as not to hope that the providence of God will, by some meanes or other, provide for the supply of a worke so much tending to his owne glory, and so acceptable to those that are so heartily concerned for it. The bill of £.800 drawne for the use of the Indian worke is for the most part paid, and should have been entirely so ere now, were it not for the want of present money. That which is from time to time laid out wee desire may, according to your commendable practice, be sent us over in a particular within the yeare, and it may assist us in the regulating our expences, if you be pleased to let us know, by the first conveniency, what further charge you judge you shall be putt to by perfecting the printing of the bible; the use of that divine booke and also a constant use of catechising, wee judge most necessary for the Indians instruction in religion; and wee also thinke it may conduce to unity and order if the same catechisme be generally taught amongst them. If our stocke do increase, which wee hope it hereafter may, especially since his Majesty himselfe has been graciously pleased particularly to countenance this worke, and to secure both what hath been, and what may be given towards it, by a legall settlement, which before was wanting; if (wee say) our meanes increase we should consider of some employment in the way of trade and manufacture to imploy the Indians, or if in the interim there occurrs to you any thinge about this or any other matter that you judge may tend to the promoting [Page] of that good worke, wherein we have the happines to be jointly engaged, your information and advice will be, as well as your assistance, very welcome to us.

Signed in the name and by the appointment of the corporation for the propagation of the gospell in America. Per Robert Boyle, Gov.

London 15th May 1662.

For the worshipfull the Commissioners of the united colonies of New-England, in New-England, these.

Copy of a Letter from King Charles the second to the Massachusetts.

CHARLES REX.

TRUSTY and well beloved, Wee greete you well. Whereas wee have lately received an humble address and petition from the generall court of our colony of the Massachusetts in New England, presented to us by Symon Bradstreet and John Norton, Wee have thought it agreeable to our princely grace and justice to lett you know that the same have been very acceptable unto us, and that wee are satisfyed with your expressions of loyalty, duty and good affection made to us in the said address, which wee doubt not proceeds from the hearts of our good subjects, and Wee are therefore willing that all our good subjects of that plantation do know that Wee doe receive them into our gracious protection, and will cherish them with our best incouragement, and that Wee will preserve, and doe hereby confirme the pattent and charter heretofore graunted to them by our royall father of blessed memory, and that they shall freely injoy all the priviledges and libertyes graunted to them in and by the same, and that Wee will be ready to renew the same charter to them, [Page] under our great seale of England, whenever they shall desire it. And because the licence of these late ill times have likewise had an influence upon our colony, in which they have swerved from the rules prescribed, and even from the government instituted by the charter, which wee doe graciously impure rather to the iniquity of the time than to the evill intents of the hearts of those who exercised the government there. And Wee doe therefore publish and declare our free and gracious pardon to all our subjects of that our plantation, for all crimes and offences committed against us during the late troubles, except any such persons who stand attaynted by our parliament here of high treason, if any such persons have transported themselves into those parts; the apprehending of whom and delivering them into the hands of justice Wee expect from the dutiful and affectionate obedience of those our good subjects in that colony, if they be found within the jurisdiction and limmitts thereof. Provided always, and be it in our declared expectation, that upon a review of all such lawes and ordinances that are now or have been during these late troubles in practise there, and which are contrary or derogative to our authority and government, the same may be annulled and repealed, and the rules and prescriptions of the said charter for administring and taking the oath of allegiance be henceforth duly observed, and that the administration of justice be in our name.* And since the principle and foundation of that charter was and is the freedom of liberty of conscience, Wee do hereby charge and require you that that freedom and liberty be duely admitted and allowed, so that they that desire to use the booke of common prayer and performe their devotion in [Page] that manner that is established here be not denyed the exercise thereof, or undergoe any prejudice or disadvantage thereby, they using theire liberty peaceably without any disturbance to others; and that all persons of good and honest lives and conversations be admitted to the sacrament of the Lords supper, according to the said booke of common prayer, and their children to baptisme. Wee cannot be understood hereby to direct or wish that any indulgence should be graunted to those persons commonly called Quakers, whose principles being inconsistent with any kind of government, Wee have found it necessary, with the advise of our parliament here, to make a sharp law against them, and are well content you doe the like there. Although Wee have hereby declared our expectation to be that the charter graunted by our royall father, and now confirmed by us, shall be particularly observed, yet, if the number of assistants injoyned thereby be found by experience, and be judged by the country, to be inexpedient, as Wee are informed it is, Wee then dispence with the same, and declare our will and pleasure, for the future, to be, that the number of the said assistants shall not exceed 18, nor be less at any time than 10, Wee assuring ourselves, and obliging and commanding all persons concerned that, in the election of the governor or assistants, there be only consideration of the wisdome and integrity of the persons to be chosen, and not of any faction with reference to their opinion or profession, and that all the freeholders of competent estates, not vicious in conversations, orthodox in religion (though of different perswasions concerning church-government) may have their vote in the election of all officers civill or military. Lastly, our will and pleasure is that at the next generall court of that our colony this our letter and declaration be communicated and published, that all our loving subjects may know our grace and favour to them, and that Wee doe take them into our protection as our loving and dutifull subjects, and that Wee will be ready from time to time to receive any application or address from them, which may concerne their interest and the [Page] good of our colony, and that Wee will advance the benefit of the trade thereof by our uttermost indeavour and countenance, presuming that they will still meritt the same by theire duty and obedience.

Given at Hampton-Court, June 28th, in the fourteenth year of our reign.

By his Majesty's command, Ed. Nicholas.

Copy of the Petition of John Scott, Esq to the King, about Long Island, in N. York Government, with his Majesty's Reference thereof.
To the Kings most excellent Majesty, The humble petition of John Scott, Esq

Sheweth,

THAT your Majesties petitioner's father in the year 1641 sould 2200l. per ann. and advanced 14300l. to the use of your Majesties royall father of ever blessed memory, besides the loss of his life in the said servis, and your petitioner for a small expression of his loyalty, by cutting the bridles and girts of some of the then parliaments horses quartering at Turnham Green and his late Majesties at Branford, was after many hearings before a committee of the said parliament (by a gift of 500l. to the said committee to prevent further mischiefe) ordered to be sent to New England under the tuition of one Downing, who dealt most perfidiously with your Majesties petitioner; that your Majesties petitioner was forced to court any imployment to acquire a livelihood, imploying himselfe in and about an island called Long Island, of which island, before your Majesties happie restoration, the petitioner purchased near one third part.

The petitioner therefore humbly prayes your Majestie of your princely grace and favour to bestow upon him the government of the said island and islands adjacent, or libertie to the inhabitants to chuse a governor and assistants yearly.

And the petitioner shall ever pray.

[Page]

At the court at White-Hall, June 26th 1663.

HIS Majestie having received good testimony of the petitioners loyalty and great sufferings, and being fully satisfyed of his particular abilities to serve him, is most graciously inclined to encourage him in his desires, and is pleased accordingly to refer his present sute to the committee of forraigne plantations, who are to consider and sertify* his Majestie whether there be any private pretensions upon the said island, &c. (by any formar grant) that his Majestie may know what is proper to be done for gratifying the petitioner and the good of his owne subjects in those parts.

Henry Bennet.

Copy of a Letter from Mr. John Leverett to Sir Thomas Temple in London, giving an Account of the Massachusetts publick Affairs.

THE state of this country as to its constitution and settlement under the favour of his Majesty's pattents, and that these governments according to their constitution thereby, have been carried an end some longer some shorter tyme, is well knowne. That of Plymouth was the first settlement, but that of the Massachusetts though begun diverse years after, yet by God's speciall blessing is the most prosperose and considerable both for people and trade. For the manner of government though 'tis under an annuall election according to pattent, yet the persons seldome chang'd or remov'd but by death or their owne removing out of the collony. The present state of the collonies through Gods great mercy is a state of peace and under the injoyment of a competency for the continuance whereof wee have dependance upon the continuance of that mercy of God and his Majesty's graciose [Page] favor, for whose happiness and prosperity dayly prayers are made to the great God (the God of all grace and mercy) both in publique and private.

This summer wee have been under some trouble by the pagan natives, who have had their plottings and contrivances for our disquiet, but the Lord hath prevented it, blessed be his name, and there is a better understanding now betweene the English and them than there was in the spring of the yeare. Some small disturbance there hath beene at a place called Packatuck, betweene Conecticott and Rhoad Island; the question betweene them is in poynt of jurisdiction, and its credibly reported that Rhoad Island have chosen one Mr. John Clarke* their deputy governor, and intend to send him to complaine to his Majesty of Conecticott. Conecticott have offered to referr the matter to the two colonies of Massachusetts and Plimouth, to which motion diverse of Rhoad Island would concur but others refuse, upon what ground is not understood. These colonies not being interested in the quarrell or reason of it (though some of the inhabitants may be in the land, or claim an interest therein, but the government doe not) soe that that course might have been neighbourly to have tryed for an issue that way, before there had been giving a trouble to his Majestie in so small a matter as it is supposed that will prove to be when heard; however, it is a certaine truth that the collony of the Massachusetts is not at all ingaged and not soe much as acquainted with it further then report. If soe be that from the complaints of Rhoad Island men, or any others, any thing should be reflected upon the collony of the Massachusetts, may wee by the means of any friend or friends but obtaine the favour to be heard before wee are concluded with those complained against, or have any conclusion made of us, it will be a verry high obligation unto us. Another thing desirable is, that wee may be advized what motions there [Page] may be concerning us, if any, whether for our advantage or disadvantage. 'Tis well knowne that many have been the attempts to give us disquiet or interruption in the worke the Lord hath set us about in this wildernesse, and wee cannot thinke that wee are yet without ill-wishers. But God that hath prevented and disapoynted all hitherto, can and will, soe far as it may concur with his own councills and good pleasure, which hath appeared to be councills of much peace towards an unworthy people, for which let his holy name be forever praised by us in a way of believing, that wee may be able to say in truth, this God is our God who was our fathers and will be our guide unto death.

Copy of a Letter from Sir John Wolstenholme to Mr. Edward Rawson, Secretary to the New-England Plantations.

Mr. Rawson,

I Have receaved the 26th of January your letter dated the 22d December, with eleven copies of bonds and a copie of an order of your court in pursuance of the act of navigation, with a letter from your governor about the same, and testifying the receipt of his Majesty and councells order and articles concerning the said navigation, and am very glad to see your governor and councell of New-England so ready to observe those good lawes tending so much to advance his Majestys service and the true English interest, wherein I conceave the English plantations are as much concerned, if wayed with judgment and discretion, as ourselves here; for if wee doe not maintaine here the honour and reputation of his Majesty and the nation, which must be by our navigation and shipping which are our walles, the plantations will be subject to be devoured by straingers. I am a great well wisher and good friend to your plantation and so was my father before me who died 24 yeares since, because wee did observe your plantation [Page] industrious, and when some clouds were then here, about your plantation, with our best advice to those sent from thence heather endeavoured to remove and disperse them, and although different in opinion in the discipline of the church yet earnestlye desired to preserve and keepe you faithfull to his Majestys crowne and subjection as true Englishmen to the civill government, which I hope will so continue, for which I shall always pray, and with my humble service to your Governor I shall remaine,

Your verye loving friend, Jo. Wolstenholme.

London 1st of Feb. 1663.

Since writing hereof I have receaved a second letter with intire coppies of the aforesaid bonds from you by another shipe.

Copy of a Letter from Mr. Thomas Prence Governor of Plymouth Colony, to Secretary Rawson.

Sir,

I Have on the recept of yours by Capt. Olliver, and as the shortness of time would admitt advised with some of our inhabitants here; and taking notise of Mr. Leet's also, wee apprehend he doth not groundlesly press the interposition of the colonys in reference to Capt. Scott,* it being a case wherein the whole may be deeply concerned, and therefore shall endeavour the next week to [Page] dispatch away some that may be assistant to the gentlemen that you have already sent. Wee hope they will be there in good time. Wee see not how wee can answer Mr. Leet's desire in a meeting of the commissioners at Hartford, but doe deeply resent the matter, and are very ready to put forth to the uttermost in such an interposition, which with my respects I intreat you to signifie unto your honored councell, so not willing to give you noe further trouble, remayne your assured friend and confederate,

Tho. Prence.

Plymouth April 28. 1664.

Copy of a Letter from King Charles the II. to the Inhabitants of the Province of Maine.
To our trusty and well beloved the Inhabitants upon the Province of Meyn in New-England, or whom else it may concern.

CHARLES, R.

TRusty and well beloved we greet you well; whereas our trusty and well beloved Ferdinando Gorges, Esq hath by his humble petition informed us that his grandfather Sir Ferdinando Gorges, Knight, deceased, being a person who laid himself forth very much for the advancing of forraine plantations, and particularly that of New-England in America, did in the fifteenth year of the raign of our late royal father of blessed memory, obtain a grant under the great seale of England, for a certain part and portion of the said country, which by the said patent was entitled the province of Meyne and (as the petitioner affirms, he hath heard from several persons of worth) he the said Sir Firdinando Gorges did expend in planting several parts of New-England above twenty thousand pounds sterling; and when he was in hopes to receive some advantage in recompence of his great disbursements aforementioned, the late unhappy warres breaking out in England, [Page] he the said Ferdinando Gorges (though betwixt three and fourscore years of age) did personally engage in our royal fathers service, and particularly in the siege of Bristol, by reason whereof when it was necessary for him to appear before the councel and committees for forraine plantations, he was wholly discountenanced by them, even to the encouraging of the people in the said province to disown his government, which had continued for several years uninterrupted, and a party of the inhabitants of the said province, petitioning the governors of the Massachusetts Bay, that they would also take upon them the government of the said province; in pursuance of that petition, those who had the government of the said Bay did from thenceforth take upon them the government of the said province, so as both the said Sir Ferdinando, the petitioners father, and himself, have ever since been thereby deprived of the issues and profits of said province. Now in regard of the premises, and for as much as those agents who were lately imployed to address themselves unto us, on the behalf of the governours and inhabitants of the said Bay, being on the behalf of the petitioner charged before our privy council for usurping the government of the said province, did declare that those whom they represented did not claim any title in, or interest to the said province; but did onely govern the same untill orders from hence were sent over for the government thereof, on the behalf of the petitioner: upon whose humble supplications, we were graciously pleased to refer the allegations aforesaid to the consideration of our counsel learned in the law, who have made report unto us, that they have considered thereof, and do find that Sir Ferdinando Gorges aforementioned, in the fifteenth year of the raigne of our royal father, obtained a grant to him and his heirs under the great seal of England of a part of New-England in America, called by the name of the province of Meyne, to be held as of the mannor of East Greenwich, under certain rents and conditions in the letters pattents expressed, and that it appeared by several affidavits and certificates of credible persons that the said [Page] Sir Ferdinando Gorges had the possession of the said province without any disturbance, and did govern the same according to the directions of the said letters pattent for some years, expended above twenty thousand pounds in the plantation thereof, that when he had made such progress in the said plantation as that he expected to reap some profit and advantage thereby, the unhappy warres breaking out in England Sir Ferdinando Gorges was in actual service in the said warres for our royal father, by reason whereof he was a great sufferer, plundered and imprisoned several times and thereby disabled from any further expences in carrying on the said plantation, the rather for that he was so discouraged and discountenanced by the then pretended commissioners for forraine plantations, as that his commissioners were forced to come from the said plantation, and so lost the possession, and the inhabitants thereof petitioned the governours of the Massachusets or Bay of Boston, to take them under their government, which accordingly they did, and have continued under their government ever since, and the petitioners commissioners since our restauration have endeavoured to take possession of the said province for the petitioner (being heir to his grandfather) and proclaimed us, began to hold courts as formerly, and to administer the oathes of allegiance and supremacy, but were disturbed and hindered therein by the said governours of the Massachusets or the Bay of Boston, who required the commissioners to proceed no further on the behalf of the petitioner untill they had order from the supream authority of England, untill which time they commanded the inhabitants of that province to continue under their government: We have taken the whole matter into our princely consideration, and finding the petitioners allegations and report of our said councel learned so consonant, we have thought fit to signifie our pleasure on the behalf of the said Ferdinando Gorges the petitioner, hereby requiring you that you forthwith make restitution of the said province unto him or his commissioners, and deliver him or them the quiet and peaceable possession [Page] thereof: otherwise that without delay you shew us reason to the contrary. And so we bid you farewell. Given at our court at White-hall the 11th day of June 1664, in the 16th year of our raigne.

By his Majesties command. W. Morice.

Copy of a Letter from the General Court to Robert Boyle, Esq

Honorable Sir,

THE occasion of our giving you this trouble is from the confidence wee have of your favour and care of these his Majesties collonies in New England, manifested by your continued endeavours as in promoting that good work of the natives conversion, soe in taking opportunities for ingratiating us with his Majestie and the right honorable the Lord Chancellor, as wee understand by your letter to Mr. Winthrop, wherein you have given us that comfortable information of his Majesties grace towards us in expressing himself in a very favorable manner, and that the Chancellor did assure you (with giving you commission to assure our friends in the citty) that the King intends not any injury to our charter or the destruction of our civill government, or the infringement of our libertie of conscience, and that the doeing of those things is none of the busines of the commissioners. The truth of which wee beleeve as wee ought to doe the words of soe gracious a King.

But alasse, Sir, The commission impowering those commissioners to heare and determine all cases whatever, military, criminall or civill (what they have further by instruction at present wee know not) should it take place, what would become of our civill government which hath binn, under God, the heade of that libertie for our consciences for which the first adventurers passed thorough [Page] and bore all difficulties and discouragements that encountered them as in the way toe soe in their continuance in this wildernes? Sir, Wee returne you our true and harty thankes for your former favours and crave the continuance thereof as opportunity shall offer and the great mover of harts shall inclyne you in appearing our friend still, that if possible the commission may be recalled; for which end wee have made our humble supplication to his Majestie, in whose eyes may wee find favour, wee and our posterity shall have cause to blesse the Lord. But if the decree be past soe that it cannot be recalled, wee shall waight the Lords issue with us; and whatever may be the conjectures of any, rendering alterations here adviseable, the issue will speake them to be the subversion of all that which makes this place or our abode therein desireable. Or if the envy of those that desire a dominion over us (not to serve his Majesties interest in advancing plantation worke with the countenance of godlines, but to serve themselves by his Majesties authority and our ruin) shall prevaile, it will to posterity be rendered a disservice, to his Majesties dishonor, and such a dammage as the procurers will not be able to repay us. Wee can sooner leave our place and all our pleasant outward injoyments than leave that which was the first ground of wandering from our native country, nor are wee thereby made such strangers thereto but wee can rather chuse to return and take up our lott with our brethren than abide here under the deprivement of the end of our travells. Our way is with the Lord. Craving your honnors pardon, for this bouldness, and offering up our best desires to the Lord for you, wee remaine

Sir,

Your humble sarvants, J. E. G. In the name of the generall court.

To the right honorable Robt. Boyle, Esq Gov. of the corporation for the propagation of the gospell in New England.

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Copy of a Letter from Secretary Morice to the Massachusets Colony.

Sirs,

HIS Majesty hath heard this petition* read to him and hath well weighed all the expressions therein, and the temper and spirit of those who framed it, and doth not impute the same to his colony of the Massachusets, amongst whom he knowes the major part consists of men well affected to his service and obedient to his government, but he hath commanded me to let you kow that he is not pleased with this petition and lookes upon it as the contrivance of a few persons who have had too long authority there, and who use all the artifices they can to infuse jealousies into his good subjects there and apprehensions as if their charter were in danger, when it is not possible for his Majestie to doe more for the securing it or to give his subjects there more assurance that it shall not any degree be infringed, than he hath already done, even by his late commission and commissioners sent thither, who are so far from having the least authority to infringe any clause in the said charter, that it is the principall end of their journey, so chargeable to his Majestie, to see that the charter be fully and punctually observed; his Majestie did expect thankes and acknowledgments, from that his colony, of his fatherly care in sending his commissioners thither, and which he doubts not he shall receive from the rest of his colonies in those parts, and not such unreasonable and groundlesse complaint as is contained in your petition, as if he had thereby intended to take away your priviledges and to drive you from your habitations, without the least mention of any misdemeanour or miscarriage in any one of the said commissioners or in any one particular; nor can his Majestie comprehend (except you believe that by granting your charter he hath parted with his soveraigne power [Page] over his subjects there) how he could proceed more graciously, or indeed any other way, upon so many complaints presented to him by particular persons of injustice done contrary to the constitution of that government; from the other colonies for the oppression they pretend to undergoe by the power of that of the Massachusets, by extending their bounds and their jurisdiction further than they ought to doe, as they pretend; from the natives for the breach of faith and intolerable pressures layed upon them, as they alledge, contrary to all kind of justice, and even to the dishonour of the English nation and christian faith, if all they alledge be true; I say, his Majestie cannot comprehend how he could apply proper remedies to these evills, if they are reall, or how he could satisfy himselfe whether they are reall or noe by any other way or meanes than by sending commissioners thither to examine the truth and grounds of all the alligations, and for the present to compose the differences the best they can, untill upon a full and clear representation thereof to his Majesty, who cannot but expect the same from them, his Majesties owne finall judgment and determination may be had, and it hath pleased God so far already to blesse that service that its no small benefit his Majestie and his English colonies in those partes have already received by the said commissioners in the removall of so inconvenient neighbours as the Dutch have been for these late years, and which would have been a more spreading and growing mischiefe in a short time, if it had not been removed. To conclude, I am commanded by his Majestie to assure you againe of your full and peaceable enjoyment of all the priviledges and liberties granted to you by his charter, which he hath heretofore and doth now againe offer to renew to you, if you shall desire it, and that you may further promise yourselves all the protection, countenance and encouragement that the best subjects ever received from the most gracious Prince; in returne whereof he doth only expect that duty and chearfull obedience that is due to him, and that it may not be in the power of any malicious person to make you [Page] miserable by entertaining any unnecessary and unreasonable jealousies that there is a purpose to make you soe; and since his Majesty hath too much reason to suspect that Mr. Endecott,* who hath during all the late revolutions continued the government there, is not a person well affected to his Majesties person or his government, his Majestie will take it very well if at the next election any other person of good reputation be chosen in the place, and that he may noe longer exercise that charge. This is all I have to signify unto you from his Majestie and remaine

Your very humble servant, Will. Morice.

Whitehall, Feb. 25. 1664.

Copy of a Letter from Mr. Davenport to Major General Leverett.

Honorable Sir,

LET my first salutation be my congratulation for this addition of a further expression of Gods peoples affection and confidence in your courage, wisdom and faithfulnes for the interest of our Lord Jesus and the good and wellfare of church and commonwealth, in that they have unanimously called you to be one of the assistants for governing the civill affaires in the court, as well as to be their major generall in the campe. The good Lord assist and governe you by his spirit of wisdom, of courage, and of the feare of the Lord in both.

Sir, I received yours dated 27. 3d. 65. for which I returne humble and hearty thanks, and for the inclosed narrative, whereby I perceive that the powers of darknes which have prevailed in other parts of the world are at worke here also, to subvert the kingdom of Christ in these ends of the earth. But God hath not yet said that this is theire hour in reference to N. E. though our unthankfulnes for the gospel, unfruitfulness under it, dissobedience [Page] to it, declensions from the simplicity that is in Christ, and sinful compliances, &c. have deserved that our hedge should be broken down. That admonition which Christ sent unto the church at Ephesus should sound in our hearts continually, Repent and doe thy first workes. For even David had his first and his latter wayes. Therefore it is noticed concerning Jehosaphat, in 2 Chron. 17.3. that the Lord was with him, because he walked in the first waies of his father David. If N. E. would returne to the first waies of reformation here begun, according to gospel rules and patternes (from which the compas of the last synods conclusions seemes to be varied by some degrees towards the antartique, or is newly discovered to be other than I formerly apprehended to have been the way of these churches) I would hope that the same onely wise God who dissappointed the councel of that archprelate in the raigne of the last king (whereby your pattent was once and againe demanded by the said king, and as often refused by your generall court, to be returned to England) would also still appeare, in this juncture, by frustrating the present designe and making it an abortion, or a mere tryall of the country, whether they will stand to their church rights and priviledges or permit them to be invaded and violated by such attempts, which when they are tried and found unsuccessful, will cease for the future. For the Lord is and will be with his people while they are with him; and if yee seeke him he will be found of you. An experiment hereof you had in the quiet proceeding of your elections, as a gracious answer to prayers. Their claiming power to sit authoritatively as a court for appeales, and that to be managed in an arbitrary way, was a manifest laying of a ground worke to undermine your whole government established by your charter. If you had consented thereunto, you had plucked downe with your owne hands that house which wisdom had built for you and your posterity. For all your courts would then have signified nothing; the sentences of them being liable to be dissannulled, upon complaints to the commissioners made by delinquents, as [Page] appeareth in the case of Mr. Tho. Deane, &c. and the execution of the justest censure might be hindred and the course of justice obstructed, as you have alreadie found in the case of John Potter. Nor can I see that your preserving that authority and jurisdiction which the last king, by his roial charter, gave you, can rationally be accounted an opposing the soveraignety which this king hath over you, seeing id possunt reges quod jure possunt. There is indeed a verbal profession of preserving your liberties. But if the commission of these gentlemen be of such a latitude as they say, it is a real destruction of that which they promise to preserve. Quid verba audiam, cum facta videam? Therefore, to me, the matter of your answer seemes to be rational, just and necessary. As for the solemnity of publishing it, in three places, by sounding a trumpet, I believe you did it upon good advise, and therefore, suspending my own thoughts, I shall wait to see how it is resented at the court in England. Yet, upon serious second and third thoughts, I see not but that it was your prudent way so to do, considering that, 1. It was the answer of the generall court. 2. Published in the kings name. 3. For the cognisance of the whole country concerned in it. 4. For declaring the courage and resolution of the whole countrey to defend theire charter liberties and priviledges, and not to yeeld up theire right voluntarily, so long as they can hold it, in dependance upon God in Christ, whose interest is in it, for his protection and blessing, who will be with you while you are with him. If my advise were worth any thing, I would say, let a collection of your grievances occasioned by the coming over of these commissioners, and by their actings, in one place and another, and of the 3 commissioners in prejudicing the Indians against the English, whereby the good worke for theire conversion is in danger to be hindered and the safety and peace of the English to be hazzarded, for the future; let, I say, all instances of theire illegal and injurious proceedings, throughout the countrey, be fully collected and clearly proved, and speedily transmitted and represented to the [Page] king, the lord chancellor, &c. by your next addres, and therein let them fully and plainly understand that the whole countrey (for the generality of them) are much aggrieved at these doings and humbly desire to be resettled in theire former state, according to theire charter, and that they may be freed from those new encroachments; wherein the petition to the generall court presented in the names of so many non-freemen, declaring theire full satisfaction in the settled government, as it is, with theire earnest desire that it may be still continued without alteration, may be signified to the higher powers, to good purpose. Sir, You see whether my zeale for preserving Christs interest in your parts (though in N.H.C.† it is miserably lost) and my unfeigned love to your colonie and my fervent desire of the wellfare of the churches and commonwealth (so far as they may be promoted and perpetuated by your circumspection) hath carried me, through my confidence in your wisdom and faithfulnes, that you will make no other use of this my scribbling then such as shall be safe both to you and me. To the honorable governor you may communicate it, if you please, presenting also to him my humble and affectionate service.

Sir, I returne your copie of the articles that concerne Commameene, having received them formerly from your selfe, and lately from Mr. Bishop, with many thanks to you for the sight and loan of them from us both. But I am and shall be discouraged from regarding such agreement made by a subject, though honourably, til I see your charter, sealed by the late King, and obliging his heirs and successors, really as well as verbally confirmed and performed, towards the purchasing whereof I paid 50l. and Mr. Eaton 100l. and sundry other merchants the same sums respectively, we being members of the London corporation for N. E. which doth ingage me to desire and endeavour, what I can and may, that the intended effects thereof may remaine, for the service of Christ and for the good of all his people, both at present and for the future. I heare well of your last address to the king. I should take [Page] it for a favour if I might peruse it and the king's answer. I shall now cease from giving you any further trouble, but not from praying for a good issue of your and our present afflictive exercises, and not ours only but of the distressed churches of Christ, in whom I rest,

Sir,

Your obliged assured, John Davenport.

N. H. the 24 of the 4.65.

Copy of a Petition to the King from some of the Inhabitants of the Province of Maine.
To the King's most excellent Majesty, The humble Petition of the Inhabitants of Casco upon the Province of Maine in New-England, wherein according to his Majesties command is rendered theire reasons why they could not submitt to Mr. Gorges.

Most dread Soveraigne,

PARDON, wee humbly beseech, if wee presume to address our most gracious and loveing father, whose gracious eye and fatherlie care is towards us the meanest of your subjects inhabiting the northern parts of your dominions in this wildernes, as wee understand by your gracious letter to us. For the which fatherlie and gracious care of us therein expressed wee beseech, though wee bee butt one of ten that presume to returne thankes, pardon wee humbly beseech you our presumption, who have the royall scepter of your command for soe doeing, and accept of our bounden thankfullnes, who upon our bended knees doe returne unto your sacred Majestie most humble and heartie thankes for the same.

And whereas your Majestie was pleased to demand our submission to Mr. Gorges, or else forthwith to render our reasons, may it please your most sacred Majestie, wee have noe reasons as of ourselves, haveing nothing to say against [Page] Mr. Gorges or his government, butt if itt shall please your Majestie soe to determine itt, wee shall willinglie and chearfullie submitt to itt.

1 Reason. Butt when wee first submitted to the government of the Massachusetts wee did engage to bee under theire government till such time as your Majestie should determine us as proper to any other regulation, your Majestie being pleased to send to them demanding, as wee are informed, theire resignation of us, or else to shew theire reasons; which, they say, they have undertaken to doe, and therefore have commanded us in your Majesties name to continue under theire government till itt shall bee determined by your Majestie; against whom wee have nothing to say, butt have by good experience found that expression of your Majestie verified concerning them, that whereas they have exceeded others in pietie and sobrietie soe God hath blessed them above others, soe wee haveing had pietie soe countenanced and justice soe well executed that wee have found Gods blessing in our lawfull callings and endeavours more in one yeare than in severall before or since our late troubles.

2 Reason. Since which, most gracious Soveraigne, itt hath pleased your Majesties most honorable commissioners to forbid our submission either to the Massachusetts or Mr. Gorges; and wee humblie beseech your Majestie nott to impute it to any disloyaltie in us, if your Majestie find not our names inserted in a petition directed to your sacred Majestie for the removall of the government both from the Massachusetts and Mr. Gorges, wee haveing noe just cause of complaint against either, wee being likewise taught out of the word of God that obedience is better than sacrifice, especiallie of that which is none of our owne, and of which, for ought wee know, your Majestie hath long since disposed of, or if nott, wee presume your Majestie knoweth better how to dispose of your owne than wee to direct; wee heere professing to your sacred Majestie it is the onely height of our desires, withoutt any senister or by respects, to be wholie and solie where God by his providence and your commands shall cast us.

[Page]Thus haveing, according to your Majesties commands and our weake abilities, rendered all the reasons wee have or know of, wee humblie beg your Majesties determination, by reason of the sad contentions that hath been and is now amongst us, nott without some threatning of us who did nott joyne with our neighbours in petitioning against Mr. Gorges and the Massachusetts, humblie begging your gracious and fatherlie eye to be towards us, wee onely desireing as much as in us lieth to act in the uprightnes of our hearts in the sight of the Almightie, your sacred Majestie and all men, desireing rather to submitt to, than to contend or direct what government or governours your Majestie shall please to appoint over us.

Thus, with our prayers to the God of heaven to power upon your Majestie all the blessings heaven and earth can afford, both spirituall, temporall and eternall, beseech him in whose hands are the hearts of Kings to direct your sacred Majestie soe to dispose of us as may make most for the glorie and honor of God, your sacred Majestie, and the good of us your poore subjects, wee prostrate ourselves att your Majesties feet and subscribe as your due and our dutie is,

Your Majesties ever faithfull and obedient subjects, to bee obedient where your Majestie shall please to command us to the utmost of our lives sad fortunes.

Henry Williams

Ambrose Bounds

George Lewis

John Lewis

Thomas Skilling

Thomas Skilling

John Skilling

John Clayes

Thomas Wakly

John Rider

Nathan: Wallis.

George Cleeves

George Munioy

Francis Neate

Phinehas Hidar

Richard Martin

Benjamin Hatewell

John Ingersoll

George Ingersoll

John Marklie

John Phillipps

Robert Corbin

August 1st, 1665.

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Copy of a Letter from Robert Carr to Major-General Leverett and the rest of the Commissioners from Boston.

Gentlemen,

HEARINGE of your being at Strawbury banke, and being informed of your strict course you intend against those that have supplicated his Majestie for their freedome and libertie, I could not doe lesse than in his Majesties name require you to take notice of this inclosed, which is a true coppie of a letter sent to the Governour and Councell of Boston, and in his Majesties name I doe againe desire and require you would forbeare troubling or molesting such person or persons in Strawbury banke, Dover or Exon, as hath petitioned his Majestie, untill his Majesties gracious pleasure be further knowne. This is all at present but that I am,

Gentlemen,

Your friend and servant, Robert Carr.

Dated at Kittery, 10th October 1665.

Copy of a Sentence of Court against Thomas Goold and others.
At a county court held at Cambridge, on adjournment, Aprill 17. 1666.

THOMAS GOOLD, Thomas Osburne and John George* being presented by the grand jury of this county for absenting themselves from the publick worship of God on the Lords dayes for one whole yeare now past, alledged respectively as followeth, viz.

[Page]Thomas Osburne answered, that the reason of his non-attendance was, that the Lord hath discovered unto him from his word and spirit of truth that the society, wherewith he is now in communion, is more agreeable to the will of God, asserted that they were a church and attended the worship of God together, and do judge themselves bound so to do, the ground whereof he said he gave in the generall court.

Thomas Goold answered, that as for coming to publique worship they did meet in publique worship according to the rule of Christ, the grounds whereof they had given to the court of assistants, asserted that they were a publique meeting, according to the order of Christ Jesus gathered together.

John George answered, that he did attend the publique meetings on the Lord's dayes where he was a member; asserted that they were a church according to the order of Christ in the gospell, and with them he walked and held communion in the publique worship of God on the Lord's dayes.

Whereas at the general court in October last, and at the court of assistants in September last endeavours were used for their conviction. The order of the generall court declaring the said Goold and company to be no orderly church assembly and that they stand convicted of high presumption against the Lord and his holy appoyntments was openly read to them and is on file with the records of this court.

The court sentenced the said Thomas Goold, Thomas Osburne and John George, for their absenting themselves from the publique worship of God on the Lords dayes, to pay foure pounds fine, each of them, to the county order. And whereas by their owne confessions they stand convicted of persisting in their schismaticall assembling themselves together, to the great dishonour of God and our profession of his holy name, contrary to the act of the generall court of October last prohibiting them therein on penalty of imprisonment, this court doth order their giving bond respectively in 20l. each of them, for their appearance to answer their contempt at the next court of assistants.

[Page]The abovenamed Thomas Goold, John George, and Thomas Osburne made their appeale to the next court of assistants, and refusing to put in security according to law were committed to prison.

Vera copia, Tho. Danforth, Record.

Copy of a Letter from Sir Richard Saltonstall to Mr. Cotton and Mr. Wilson.*

Reverend and deare friends, whom I unfaynedly love and respect,

IT doth not a little grieve my spirit to heare what sadd things are reported dayly of your tyranny and persecutions in New-England, as that you fyne, whip and imprison men for their consciences. First, you compell such to come into your assemblyes as you know will not joyne with you in your worship, and when they shew their dislike thereof or witnes against, then you styrre up your magistrates to punish them for such (as you conceyve) their publicke affronts. Truely, friends, this your practice of compelling any in matters of worship to doe that whereof they are not fully persuaded, is to make them sin, for soe the apostle (Rom. 14 and 23.) tells us, and many are made hypocrites thereby, conforming in their outward man for feare of punishment. We pray for you and wish you prosperitie every way, hoped the Lord would have given you so much light and love there, that you might have been eyes to God's people here, and not to practice those courses in a wildernes, which you went so farre to prevent. These rigid wayes have layed you very lowe in the hearts of the [Page] saynts. I doe assure you I have heard them pray in the publique assemblies that the Lord would give you meeke and humble spirits, not to stryve soe much for uniformity as to keepe the unity of the spirit in the bond of peace.

When I was in Holland about the beginning of our warres, I remember some christians there that then had serious thoughts of planting in New-England, desired me to write to the governor thereof to know if those that differ from you in opinion, yet houlding the same foundation in religion, as Anabaptists, Seekers, Antinomians, and the like, might be permitted to live among you, to which I received this short answer from your then governour Mr. Dudley, God forbid (said he) our love for the truth should be growne soe could that we should tolerate errours, and when (for satisfaction of myself and others) I desired to know your grounds, he referred me to the books written here between the Presbyterians and Independents, which if that had been sufficient, I needed not have sent soe farre to understand the reasons of your practice, I hope you doe not assume to yourselves infallibilitie of judgment, when the most learned of the Apostles confesseth he knew but in parte and sawe but darkely as through a glass, for God is light, and no further than he doth illuminate us can we see, be our partes and learning never soe great. Oh that all those who are brethren, though yet they cannot thinke and speake the same things might be of one accord in the Lord. Now the God of patience and consolation grant you to be thus mynded towards one another, after the example of Jesus Christ our blessed Savyor, in whose everlasting armes of protection hee leaves you who will never leave to be

Your truly and much affectionate friend in the nearest union, Ric. Saltonstall.

For my reverend and worthyly much esteemed friends Mr. Cotton and Mr. Wilson, preachers to the church which is at Boston in New-England, give this.

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Copy of Mr. Cotton's Answer to a Letter from Sir Richard Saltonstall.*

Honoured and deare Sir,

MY brother Wilson and selfe doe both of us acknowledge your love, as otherwise formerly, so now in the late lines wee received from you, that you grieve in spirit to heare dayly complaints against us, it springeth from your compassion of our afflictions therein, wherein wee see just cause to desire you may never suffer like injury yourselfe, but may finde others to compassionate and condole with you. For when the complaints you hear of are against our tyranny and persecutions in fining, whipping and imprisoning men for their consciences, be pleased to understand wee looke at such complaints as altogether injurious in respect of ourselves, who had noe hand or tongue at all to promote either the coming of the persons you ayme at into our assemblyes, or their punishment for their carriage there. Righteous judgment will not take up reports, much lesse reproaches, against the innocent. The cry of the sinnes of Sodome was great and loude, and reached up to heaven; yet the righteous God (giving us an example what to doe in the like case) he would first goe downe to see whether their crime were altogether according to the cry, before he would proceede to judgement, Gen. 18.20, 21. and when he did finde the truth of the cry, he did not wrap up all alike promiscuously in the judgement, but spared such as he found innocent; wee are amongst those whom (if you knew us better) you would account of (as the matron of Abel spake of herselfe) peaceable in Israel, 2 Sam. 20.19. Yet neither are wee so vast in our indulgence or toleration as to thinke the men [Page] you speake of suffered an unjust censure. For one of them (Obadiah Holmes) being an excommunicate person himselfe, out of a church in Plymouth patent, came into this jurisdiction and took upon him to baptize, which I thinke himselfe will not say he was compelled here to performe. And he was not ignorant that the rebaptizing of an elder person, and that by a private person our of office and under excommunication, are all of them manifest contestations against the order and government of our churches established (wee know) by Gods law, and (he knoweth) by the lawes of the country. And wee conceive wee may safely appeale to the ingenuity of your owne judgement, whether it would be tolerated in any civill state, for a stranger to come and practise contrary to the knowne principles of their church-estate? As for his whipping, it was more voluntarily chosen by him than inflicted on him. His censure by the court was to have payed (as I know) 30 pounds or else to be whipt, his fine was offered to be payed by friends for him freely; but he chose rather to be whipt; in which case, if his suffering of stripes was any worship of God at all, surely it could be accounted no better than will-worship. The other (Mr. Clarke) was wiser in that point and his offence was lesse, so was his fine lesse, and himselfe (as I heare) was contented to have it payed for him, whereupon he was released. The imprisonment of either of them was noe detriment. I believe they sared neither of them better at home, and I am sure Holmes had not been so well clad of many yeares before.

But be pleased to consider this point a little further. You thinke to compell men in matter of worship is to make men sinne, according to Rom. 14.23. If the worship be lawfull in itselfe, the magistrate compelling him to come to it compelleth him not to sinne, but the sinne is in his will that needs to be compelled to a christian duty. Josiah compelled all Israel, or (which is all one) made to serve the Lord their God, 2 Chron. 34.33. yet his act herein was not blamed but recorded amongst his virtuous actions. For a governour to suffer any within his gates to prophane [Page] the sabbath, is a sinne against the 4th commandment, both in the private householder and in the magistrate; and if he requires them to present themselves before the Lord, the magistrate sinneth not, nor doth the subject sinne so great a sinne as if he did refraine to come. If the magistrate connive at his absenting himselfe from sabbath duties the sinne will be greater in the magistrate than can be in the others passive comeing. Naamans passive goeing into the house of Rimmon did not violate the peace of his conscience, 2 Kings 5.18 19. Bodily presence in a stewes, forced to behold the leudnesse of whoredomes there committed, is noe whoredome at all. Noe more is it spirituall whoredome to be compelled by force to goe to masse.

But (say you) it doth but make men hypocrites, to compell men to conforme the outward man for feare of punishment. If it did so, yet better to be hypocrites than prophane persons. Hypocrites give God part of his due, the outward man, but the prophane person giveth God neither outward nor inward man.

Your prayers for us wee thankfully accept, and wee hope God hath given us so much light and love (which you thinke wee want) that if our native country were more zealous against horrid blasphemies and heresies than wee be, wee believe the Lord would looke at it as a better improvement of all the great salvations he hath wrought for them than to sett open a wide doore to all abominations in religion. Doe you thinke the Lord hath crowned the state with so many victoryes that they should suffer so many miscreants to pluck the crown of soveraignty from Christs head? Some to deny his godhead, some his manhood; some to acknowledge noe Christ, nor heaven, nor hell, but what is in a mans selfe? Some to deny all churches and ordinances, and so to leave Christ noe visible kingdome upon earth? And thus Christ by easing England of the yoke of a kingdome shall forfeit his owne kingdome among the people of England. Now God forbid, God from heaven forbid, that the people and state of England should so ill requite the Lord Jesus. You [Page] know not, if you thinke wee came into this wildernesse to practise those courses here which wee fled from in England. Wee believe there is a vast difference betweene mens inventions and God's institutions; wee fled from mens inventions, to which wee else should have beene compelled; wee compell none to mens inventions.

If our wayes (rigid wayes as you call them) have layd us low in the hearts of God's people, yea and of the saints (as you stile them) wee doe not believe it is any part of their saintship. Michal had a low esteeme of Davids zeale, but he was never a whit lower in the sight of God, nor she higher.

What you wrote out of Holland to our then governor Mr. Dudley, in behalfe of Anabaptists, Antinomians, Seekers, and the like, it seemeth, mett with a short answer from him but zealous; for zeal will not beare such mixtures as coldnesse or lukewarmenesse will, Revel. 2.2.14.15.20. Neverthelesse, I tell you the truth, wee have tolerated in our church some Anabaptists, some Antinomians, and some Seekers, and do so still at this day; though Seekers of all others have least reason to desire toleration in church fellowship. For they that deny all churches and church ordinances since the apostacy of Antichrist, they cannot continue in church fellowship but against their owne judgment and conscience; and therefore 4 or 5 of them who openly renounced the church fellowship which they had long enjoyed, the church said amen to their act, and (after serious debate with them till they had nothing to answer) they were removed from their fellowship. Others carry their dissent more privately and inoffensively, and so are borne withall in much meekenesse. Wee are farr from arrogating infallibility of judgement to ourselves or affecting uniformity; uniformity God never required, infallibility he never granted us. Wee content ourselves with unity in the foundation of religion and of church order: Superstructures wee suffer to varie; wee have here presbyterian churches as well as congregationall, and have learned (through grace) to keepe the unity of the spirit in the bond [Page] of peace; onely wee are loth to be blowne up and downe (like chaff) by every winde of new notions.

You see how desirous wee are to give you what satisfaction wee may to your loveing expostulation, which wee pray you to accept with the same spirit of love wherewith it is endited. The Lord Jesus guide and keepe your heart for ever in the wayes of his trueth and peace. So humbly commending our due respect and hearty affection to your worship, wee take leave and rest.*

Copy of a Letter from Col. Richard Nicolls to the Governor and Assistants of the Massachusetts.

Gentlemen,

I HAVE lately heard that his Majesty hath authorized and required you to reduce Canada to his Majesty's obedience, therefore I thinke it my duty (for several respects) to give you advertisement of an opportunity which presents it selfe towards the facilitating (if not wholly effecting) the worke at once. For I have received letters yesterday that the French were marching (in number according to Indyans computation about 700 men) towards Albany. I presume they will not openly professe themselves enemyes to us, till they have either vanquisht the Mohaukes, or made peace with them; however I have strengthened my garrison in the fort to withstand their attempts; hereof I have also sent governor Winthrop an account, and cannot imagine any reason to the contrary why so faire an advantage against the French should bee let slip, since his Majesty's directions therein are so possitive. And truly if from your colony a speedy force of horse and dragoones, not exceeding 150, would march and joyne with a proportionable number of Conecticott colony, in all probability few of the French could return to Canada, whose whole strength is now so farr engaged from home, [Page] and by consequence the rest of the French will not be able to make any considerable resistance; the necessity of your speedy determination is so evident, that I shall not make use of other arguments, only assuring you of my utmost endeavours to serve his Majesty upon this occasion in the defence of his dominions, not doubting but that the common safety is precious to you, although the danger at present more immediately threatens this colony; I remitt the consideration of the premisses to your serious thoughts, and remaine your very affectionate friend and servant,

Richard Nicolls.

Fort James in New-York, July the 6th 1666.

Copy of a Letter from the King's Commissioners to the Governor, &c. of the Massachusets.

Gentlemen,

ALthough wee were credibly informed before your generall court sate in September last, and by divers circumstances were jealous that the signification of his Majesties pleasure to yourselves, under his Majesties signe manuall and subscribed by Sir William Morice, principall secretary of state, would not meet with a full complyance in your generall court; yet wee were loth to credit reports so derogatory to your dutifull submission to his Majesties commandes; and having seene the copy of an humble addresse to your generall court, under the hands of many considerable persons eminent for loyalty and estates within your jurisdiction, wherein the petitioners did, with a modest importunity, offer to their representatives their deep sense of the calamities which may ensue, if his Majesties just displeasure should be kindled against the disobedient, wee were full of hopes that the generall court would have given his Majestie due satisfaction to his commands, and particular thankes to those gentlemen the petitioners: But being fully informed that your resolutions are neither to send Mr. Richard Bellingham, your [Page] present governor, with Major Hawthorne, who are expresly required upon their allegiance to attend his Majestie, nor to make your choice of two or three other persons, as his Majesty is pleased to direct you; and further, that you have not only discountenanced but laid heavy charges against those loyall and dutifull petitioners, wee conceive ourselves, at last, highly obliged (as commissioners from his Majestie) solemnly to manifest declare and protest, in the name and behalfe of his Majestie.

1. First, That his Majesties signification of his pleasure to his colony of the Massachusets is an originall signed by his Majestie, subsigned by Sir William Morice principall secretary of state,* which ought to be received for authentick in all his Majesties dominions, and is so entertained in all the other his Majesties colonies in New-England, to their joy and satisfaction, though with some blot upon record in your scutcheon.

2. Secondly, That his Majestie will be justly displeased with your resolutions against sending the persons nominated in the signification, with such others as you are positively commanded to make your owne choice of, to attend his Majestie, who expects from all his subjects obedience, as much more acceptable than sacrifice.

3. Thirdly, That his Majesty cannot but approve of that humble petition presented to your generall court, and by the lawes of England (which must be the touch-stone) those gentlemen ought not to be molested, fined, or imprisoned for any matters contained in the said petition, so full of duty to his Majestie, of respect to your generall court, and tending to the peace and welfare of the whole colony.

4. Lastly, Wee ourselves, fully concurring with the substance and to those good ends manifested in the petition, doe earnestly sollicit you to resume the whole matter into your most serious consideration, that his Majestie may bee honoured with the reall obedience of his subjects, and thereby encouraged plentifully to pour forth the riches of his goodnes upon his colony of the Massachusets, to which we are hearty well wishers and will contribute our best [Page] endeavours at all times and in all places, when by your submission to his Majestie, wee shall be encouraged to remaine

Your very affectionate friends and servants, His Majesties Commissioners for New-England,

Richard Nicolls,

Robert Carr,

Samuell Mavericke.

Fort James at New-Yorke, Nov. 3d, 1666.

Copy of a Letter from Governour Bellingham to Secretary Rawson.

Mr. Secretary,

THE letter which came under a cover to yourselfe from the hon. Col. Nichols, Sir Robert Carr, and Mr. Samuel Mavericke, of the 3d instant, directed to myselfe and the assistants of this colony, I received the 10th at evening, and have perused with such of the magistrates as are adjacent, and finding the contents thereof do refer to the actings of the generall court. You may informe Mr. Mavericke that the general court being dissolved sundry dayes since, their returne to the honorable Sir William Morrice is dispatched by the ships gone for England in the last month, yet at the first opportunity for the assistants meeting this letter shall be communicated according to the direction thereof, not else at present.

I am your loving friend. Ri. Bellingham, Gov. with the consent of those present.

Present,

Fr. Willoughby, Esq Dep. Gov,

Capt. Daniel Gookin,

Mr. Ri. Russell,

Maj. Gen. Leverett,

Mr. Thomas Danforth.

Boston, 13th 9mo. 1666.

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Copy of a Letter from Mr. John Leverett to Sir Robert Carr, Knt.

Sir,

THERE being a complaint exhibited against you and your servant James Deane, of your royatous and abusive carriag to one of his Majesty's officers, Richard Bennet, one of the constables of this towne, on Saturday last in the evening, being the 19th instant, at the house of John Vyal, vintner. These are to signifye to you that a hearing thereof is apoynted upon Wednesday the 23d, betweene nine and ten of the clocke in the morning, at my house; from some considerations I have chosen this way to give you notice thereof, that you, with your man, may be present to give answer to what may alledged against you, and the honour and authority of his Majestie, in his officers, may be preserved, with the greatest respect to yourselfe the case will admit of, wherefore your presence, with your man, at the time and place is desired. In the interim, your speedy answer by the bearer, Capt. William Davis, to

Sir,

Your servant, John Leverett.

Boston, 22 January 1666.

Copy of a Letter from Colonel Nicolls to the Governor and Councell of the Massachusetts.

Honoured Gentlemen,

BY the hands of Mr. Samuel Mavericke, one of his Majesties commissioners for New-England, you will receive herewith the perfect copy of his Majesties commands, which came lately to my hands, wherein you will reade with how much prudence and tender care his Majestie reflects upon the safety and wellfare of his remote colonyes. When you have perused the same, I will not [Page] doubt of your readinesse to comply, not onely to that good end, but with the meanes, wayes and persons, which his Majestie is pleased to direct in that businesse; as you may more at large finde in his Majesties warrant to his commissioners. Upon conference with Mr. Samuell Maverick and the countenance of your authority, the full contents of his Majesties commands may be easily put in practise. In sending this copy of his Majesties commands to his commissioners unto yourselves, I have obeyed my orders and directions from my Lord Arlington▪ principall secretary of state, and remaine

Your very humble servant, Richard Nicolls.

Fort James in New-York, May the 9th, 1667.

Copy of a Narrative of the Commissioners from England, about New-England.

THE colony of Conecticote returned their humble thankes to his Majesty for his gracious letters and for sending commissioners to them, and made great promises of their loyalty and obedience. And they did submit to have appeales made to his Majesties commissioners, who did hear and determine some differences among them. All formes of justice passe only in his Majestyes name, they admit all that desire it to be of their corporation; they will not hinder any from enjoying the sacraments and using the common prayer book, provided that they hinder not the maintenance of the publick minister; they will amend any thing that hath been done derogatory to his Majestyes honour, if there be any such thing, so soone as they shall come to the knowledge of it. The bounds betwixt the Dukes province and Conecticote were mistaken by wrong information, for it was not intended that they should come nearer to Hudson's river then twenty miles, yet the line was set downe by the commissioners to goe from such a poynt N. N. W. whereas it ought to goe [Page] just N. otherwise the line will goe into Hudsons river. They have nothing to say against Duke Hamiltons pattent, but their writings were burnt, and that they bought the land of the Lord Say and Brook and others, and that his Majesty hath confirmed it to them, and that they never knew that the late Marquis Hamilton had a graunt of it, for he never sent any to take possession of it or to inhabit upon it. Their eastern bounds are determined to be a line drawn westward from the midst of the road Pawtucket river, neere to Shaws house. Their northern bounds is the south line of the Massachusets, which, as the collony complaines, is stretched much too southerly. This colony hath many good rivers and harbours, many scattering towns not worthy of their names, and a scoller to their minister in every town or village, but noe places fortified except Seabrook fort, which is much gone to decay, and here, for the most part, they are rigid presbyterians.

The colony of Road Island and Providence plantations returned their humble thankes to his Majesty for sending commissioners and made great demonstration of their loyalty and obedience. They approved, as most reasonable, that appeals should be made to his Majestyes commissioners, who having heard and determined some causes among them, referred other some, in civility, to their generall court, and some to the governor and others; some of which causes they again remitted to the commissioners to be determined. All proceedings are in his Majestyes name, they admit all to be freemen that desire it; they allow liberty of conscience and worship to all who live civilly, and if any can inform them of any thing in their lawes or practises derogatory to his Majestyes honour, they will amend it. The Marquis of Hamiltons pattent takes in all Road Island colony and about half of Conecticote. The Narhiganset Sachims did in the year 1664, by writing, surrender themselves, their people and country, into the late Kings protection; two of which Sachims, now living, did actually, in their own persons, surrender themselves, people and country, into his royall Majestyes protection before his commissioners, [Page] and deliverd to them them that very deed made in 1664, which had been carefully kept by Mr. Gorton, &c. whereupon the commissioners, according to their instructions, entred upon the country in his Majestyes name and have named it the Kings province, have taken the natives into his Majestyes protection, and have appoynted justices of the peace to govern it untill his Majestyes pleasure be farther known. For this Narhyganset country is allmost all the land belonging to the country, the which cannot subsist without it, and therefore the commissioners ordered that the magistrates for the colony should be justices of the peace for the Kings province, that noe difference may arise betwixt the officers. The Sachims did thankfully receive the two coates presented to them in his Majestyes name. In acknowledgment of their subjection they are to pay yearly, upon the 26th of May, two wolf skins to his Majesty, and did now send two caps of peague and two clubs inlayed with peague for a present to the King, and a feather mantle and a porcupine bag for a present to the Queen, which ware all taken by the Dutch. One of these princes, named Passicus, desired the commissioner to pray King Charles that noe strong liquor might be brought into that country, for he had 32 men that died by drinking of it. These Indian princes gave a long petition to the commissioners, complaining of many acts of violence and injustice which the Massachusets had done to them: Among others, they first caused them to be fined, then tooke their whole country in mortgage (according to the remonstrance sent to his Majesty) and would have juggled them out of it; but there could be noe redresse, the Massachusets refusing to let the commissioners have the hearing of appeals. Their western bounds are determined with Conecticote, their northern bounds must be the Massachusets southern line, wherever it falls (which they complain to be too southerly) their eastern bounds betwixt them and New Plymouth could not be determined by consent of both parties (Road Island claiming a shred of land 3 miles broad all the length of the maine land lying next to [Page] the Narhyganset island, which they of New Plymouth could not part with without great prejudice) whereupon commissioners appoynted the water (the naturall bounds of each colony) to be their present bounds, untill his Majestves pleasure be farther known. Mr. William Brenton, deputy governor of Road Island, having bought a farm upon that shred of land which he hoped would belong to that colony, humbly desires his Majesty that he may continue to possesse that farme though it falls within the line of New Plymouth, and Doctor Alcock, a physician, having bought Block Island for 400l. of some of Boston, who took upon them power (never graunted them) to sell it, and having been at great charges in planting of it, desires his Majesty that he may not be dispossessed of it, he humbly submitting to the government of Road Island; both these petitions to his Majesty are lost. This colony, which admits of all religions, even Quakers and Gennerallists, was begun by such as the Massachusets would not suffer to live among them and is generally hated by the other colonyes, who endeavoured severall wayes to suppresse them; they maintained several other Indians against the Narhyganset Indians. The commissioners of the united colonyes disposed of a great part of this country, pretending they had conquered it from the Pequod Indians, but evidence being made that the Narhygansets had conquered it before the English began their war, and that the right was in him who had sold it to the Road Islanders, and his Majestyes commissioners not thinking it justifiable for any colony to dispose of land without their own lymits, determined it for the Road Islanders. The Massachusets did maintain Pumham (a petty Sachim in this province) twenty years against this colony and his chief Sachim, and did, by armed soldiers, besiedge and take prisoners Mr. Gorton, Howden, Weeks, Green and others in this province, and carryed them to Boston, put them in chains, and took eighty head of cattle from them, for all which they could never yet get satisfaction. This colony could never be acknowledged for a colony till his Majesty's [Page] charter was published, though in the year 1643 they sent over some into England to procure the King's charter then, but finding that unnaturall war begun, and the King gone from London, they took a charter from the lords and commons, which was more then Newhaven did pretend to, and more then Conecticot could shew, yet these two were admitted colonys in their great combination, and Road Island slighted. The Narhyganset bay is the largest and safest port in New-England nearest the sea and fittest for trade; this colony hath two scattered towns upon Road Island, two upon the maine land, and four small villages; here only yet is lime stone found, and here only the governour and magistrates serve the publick at their own charge. In this colony is the greatest number of Indians, yet they had never any thing allowed towards the civillizing and converting the Indians, and in this colony they have the greatest playnes, but noe place of strength fortified, altho' many places capable of fortification. In this province is the best English grasse and most sheep, the ground very fruitfull, ewes bringing ordinarily two lambs, corn yields eighty for one, and in some places they have had corn twenty six years together without manuring. In this province only they have not any places sett apart for the worship of God, there being soe many subdivided sects they cannot agree to meet together in one place, but according to their several judgments they sometimes associate in one house sometimes in another.

The colony of New-Plymouth did submit to have appeals made to the commissioners, who here had but one plaint to them, which was, that the governour would not let a man enjoy a farm of four miles square which he had bought of an Indian, the complaint soone submitted to the governor when he understood the unreasonablenes by it. They are here constrained to perswade men, sometimes to compell there, to be free men, soe far are they from hindering any. This colony is seated on a neck of land the baranest part of the country. They were the first planters in New-England, though the Massachusetts got the [Page] first charter, and since hath much streightned this colony by stretching their line so much southerly. They shewed their charter and gave a copy of it to their commissioners, and told them they were so poore they could not renew it; whereupon the commissioners took occasion to offer to get their charter renewed and delivered to them at the commissioners own charge, if, for a further demonstration of their loyalty, they would let his Majesty choose one of three (whose names themselves should send to the King) to be their governor, and this to be done every 3 yeare, or every 5 years, which they thought best. The commissioners thought if this had succeeded in this the first colony they had visitted it might have been a good example for the rest; but after the generall assembly had considered of it, with many thankes to the commissioners and great protestations of their loyalty to the King, they chose to be as they were. They have about twelve small towns, one saw mill for boards, one bloomary for iron, neither good river nor good harbour, nor any place of strength; they are soe poore, they are not able to maintain scollers to their ministers, but are necessitated to make use of a guifted brother in some places.

The collony of the Massachusetts was the last and hardliest perswaded to use his Majestyes name in the forms of justice. In this collony, at the first coming over of the commissioners, were many untruths raised and sent into the collonyes, as that the King had sent to raise 5000 l. yearly for his Majestyes use, whereupon Major Hawthorne made a seditious speech at the head of his company, and the late Governor another at their meeting house in Boston, but neither of them were soe much as questioned for it by any of their magistrates. The commissioners visitted all other collonyes before this, hoping both that the submission and condescention of the other collonyes to his Majestyes desires would have abated the refractorinesse of this collony, which they much feared, and that the assistance of Colonel Nicholls (whome they expected) would have prevailed much: But neither examples nor reasons could prevaile [Page] with them to let the commissioners hear and determine soe much as those particular cases (Mr. Deanes and the Indian Sachims) which the King had commanded them to take care of and doe justice in: And though the commissioners, who never desired they should appear as delinquents but as defendents, either by themselves or by their attorneys, assured them that if they had been unjustly complained of to his Majesty, their false accusers should be severely punished, and their just dealing made known to his Majesty and all the world, yet they proclaimed by sound of trumpet that the generall court was the supreamest judicatory in all that province, that the commissioners pretending to hear appeals was a breach of their priviledges graunted them by the Kings royall father and confirmed to them by his Majestyes own letter, and that they should not permitt it; by which they have for the present silenced above 30 petitions which desired justice against them, and were all lost at sea. To elude his Majestyes desire of their admitting men civill and of competent estates to be freemen, they have made an act, whereby he that is 24 years old, a housekeeper, and brings a certificate of his civill life, another of his being orthodox in matters of faith, and a third of his paying ten shillings, beside head money, at a single rate, may then have liberty to make his desires known to the court, and then it shall be put to vote. The commissioners examined many townships, and found that scarce three in a hundred pay ten shillings at a single rate; yet, if this rate were generall it would be just; but he that is a church member, though he be a servant and pay not two pence, may be a freeman: They will not admitt any who is not a member of their church to communion, nor their children to baptisme, yet they will marry their children to those whome they will not admitt to baptisme, if they be rich: They did imprison and barbarously use Mr. Jourdan for baptizing children, as himself complained in his petition to the commissioners. Those whom they will not admitt to the communion they compell to come to their sermons, by forcing from them five shillings for every [Page] neglect; yet these men thought their paying one shilling for not coming to prayers in England was an unsupportable tyranny: They have put many Quakers to death, of other provinces, for which also they are petitioned against; first they banished them, as Quakers, upon payn of death, and then executed them for returning: They have beate some to jelly, and have been otherwayes exceeding cruell to others, and they say the king allows it in his letters to them; indeed they have misconstrued all the king's letters to their own sence. They yet pray constantly for their persecuted brethren in England. They have many things in their laws derogatory to his Majesty's honnor, of which the commissioners made a breviate and desired that they might be altered, but they have yet done nothing in it; among others, whoever keeps Christmas day is to pay five pounds. They caused at length a mapp of their territoryes to be made, but it was made in a chamber by direction and guesse: in it they claim fort Albany, and beyond it all the land to the south sea. By their south sea line they intrench upon the colonys of New Plymouth, Road Island and Conecticote; and in the east they have usurped Capt. Masons and Sir Ferdinando Gorges pattents; and said that the commissioners had nothing to doe betwixt them and Mr. Gorges, because his Majesty neither commanded them to deliver possession to Mr. Gorges, or to give his Majesty reason why they did not. The commissioners being at Perscataqua when they received his Majestyes letter which commanded them to see the harbours fortified, &c. sent their warrants to four towns upon that river, requiring them to meet at such a time and place to hear his Majestyes letter read, one of these warrants was sent post to Boston, from whence two marshalls are sent from the governor and counsell with another warrant to forbid the towns either to meet or doe any thing commanded them by the commissioners, at their utmost perills; and withall sent an unbeseeming letter to the commissioners, both which letter and warrant were lost at sea. Col. Whaley and Gough were entertained by the magistrates with great solemnity and feasted in every place, [Page] after they were told they were traytors and ought to be apprehended; they made their abode at Cambridge untill they were furnished with horses and a guide and sent away to Newhaven; for their more security, Capt. Daniell Gookin is reported to have brought over and to manage their estates; and the commissioners being informed that he had many cattle at his farm in the Kings province which were supposed to be Whalyes or Goughs, caused them to be seazed for his Majestyes use, till further order, but Capt. Gookin, standing upon the priviledge of their charter and refusing to answer before the commissioners, as soe, there was noe more done in it; Capt. Peirce who transported Whaly and Gough into New England may probably say something to their estate. They of this colony say that King Charles the first gave them power to make laws and to execute them, and graunted them a charter as a warrant against himself and his successors, and that so long as they pay the fifth part of all gold and silver oare which they shall gett they shall be free to use the privileges graunted them, and that they are not obliged to the King but by civillity; they hope by writing to tire the King, Lord Chancellor and Secretaryes too; seaven years they can easily spin out by writing, and before that time a change may come, nay, some have dared to say, who knows what the event of this Dutch war will be? This colony furnished Cromwell with many instruments out of their corporation and their collidg, and those that have retreated thether since his Majesty's happy return are much respected, and many advanced to be magistrates. They did solicit Cromwell, by one Mr. Winslow, to be declared a free state, and many times in their lawes stiling themselves this state, this common wealth, and now beleve themselves to be soe. They demand what taxes they please, but their accounts could never yet be seen. Some few soldiers they keep at their castle; their governor hath 100l. yearly, every magistrate 30l. They convert Indians by hiring them to come and hear sermons, by teaching them not to obey their heathen Sachims, and by appoynting rulers [Page] amongst them over tens, twentyes, fiftyes. The lives manners and actions of those whom they say are converted, cannot be distinguished from those who are not, except it be by being hired to hear sermons, which the more generous natives scorn. This colony, which hath ingrossed the whole trade of New-England and is therefore the richest, hath many townes, but not one regularly built within its just limitts, which the commissioners suppose to be Seconett brook on the S. W. and Merimack river on the N. E. and two right lines drawn from each of those two places, till they come within 20 miles of Hudson river, for that river is already planted and given to his royall highness. Boston is the chief town in it, and seated upon a peninsula in the bottom of a bay, which is a good harbour and full of fish. It was fortified this year 1665 with two block houses, they had, before, a castle upon an island in the roade where ships must passe, about 5 or 6 miles from the town. Their houses are generally wooden, their streets crooked, with little decency and noe uniformity and, there, neither months, dayes, seasons of the year, churches nor inns are known by their English names. At Cambridg they have a wooden collidg and, in the yard, a brick pile of two bayes for the Indians, where the commissioners saw but one; they said they had 3 or more at scooll. It may be feared this collidg may afford us many scismaticks to the church, and the corporation as many rebells to the king, as formerly they have done, if not timely prevented. In this colony too the king hath many loyall subjects, who petitioned this general court at his Majesty's first coming in, for the owning of his Majesty, and now lastly for complying with his Majesty's commissioners, but have had neither answer nor good look since; they are sorry that soe few (for there are scarce above 8 of the most factious) should carry on soe strong a faction, yet they are so over-awed that they can doe nothing to remedy it. They only say it is now with them as it was with the king's party in Cromwell's time; one of those was derided for being soe civill to accompany one of the [Page] commissioners from the town where he lived to Boston, and others in Boston derided those of Road Island for having yielded soe much to the commissioners. In Boston lyes 10 iron guns brought from the French fort taken in Cromwell's time, which would doe well at Pescataqua to defend the mouth of that river, where the masts are laden, if they be the king's. On the 10th of September 1664 they published by order of court a paper to deter and affrighten all from making any complaints to the commissioners. The commodities of the country are fish, which is sent into France, Spain and the Streights, pipe staves, masts, firr boards, some pitch and tarr, pork, beef, horses, and corn, which they send to Virginia, Barbados, &c. and take tobacko and sugar for payment, which they after send for England. There is good store of iron made in this province; their way of government is common wealth like; their way of worship is rude and called congregational, they are zealous in it, for they persecute all other formes.

New-Hampshire is the name of a province granted to Capt. Robert Mason about the year 1635, and was to begin on the sea coast 3 miles E. of Merimack river, and reaches to Pescataqua, and 60 miles of that breadth up into the country; but now it is usurped by the Massachusetts who pretend that it is within their bounds, and that the people petitioned to be within their protection; it is true that difference of oppinion made a division among them, and a few who were for congregationall churches did petition for their assistance, by which occasion, partly by force and partly by composition, they have engrossed the whole and named it Norfolk. When the Massachusetts charter was first graunted, the mouths only of the two rivers, Charles and Merimack, were known to them, for they durst not travill far up into the country, presently after there was a house erected three large miles from Merimack, which was for 17 years called and known to be the bounds of the Massachusetts, and in that time was this pattent graunted to Capt. Mason. Mr. Wheelwright was banished out of the jurisdiction of Massachusetts and was [Page] permitted to inhabit immediately beyond the bound house, as himself gave testimony before the commissioners. Mr. Mason had a pattent for some land about Cape Ann before the Massachusetts had their first pattent, whereupon Capt. Mason, and Mr. Cradock, who was the first governor of the Massachusetts and lived in London, agreed that the Massachusetts should have that land which was graunted to Capt. Mason about Cape Ann, and Capt. Mason should have that land which was beyond Merimack river, and graunted to the Massachusetts. This agreement was sent to Mr. Henry Joslin to get recorded at Boston, but before he could have leasure to goe thither he heard that Capt. Mason was dead, and therefore went not, of this he made affidavit before the commissioners, who forbore to doe any thing about the limitts of this province till this might more fully be proved, though the generallity of the people petitioned to be taken from under the tyranny of the Massachusetts, as themselves stiled it. The Massachusetts, since they have had the government of this land, have graunted and divided the province into several townships, which are very long and thin, three of which are seated upon Pescataqua river, which is a very good harbour and very capable of fortification; here are excellent masts gotten, and here dry docks might be made, and upon the river are above twenty saw mills, and here are great store of pipe staves made, and great store of good timber spoyled.

The province of Mayne begins at the E. side of Pescataqua, and reacheth to Kennebeck river; it was named and graunted to Sir Ferdinando Gorges by king Charles the first, but was usurped also by the Massachusetts under pretence that it was within the limitts of their charter, and that the people petitioned to be under their government, and they named it Yorkshire. One gentleman, who refused to submitt to the Massachusetts and suffered great losse by them, shewed the commissioners a warrant the Massachusetts made to have him brought to Boston alive or dead, and now demands justice against them. This province upon petition of the inhabitants and the difference [Page] betwixt Mr. Gorges commissioners and the Massachusetts, his Majesty's commissioners took into his Majesty's protection and government, and appoynted justices of the peace to govern them untill his Majesty's pleasure be farther known. The inhabitants afterwards petitioned his Majesty that they might allways continue under his Majesty's immediate government, and that Sir Rob. Carr might continue their governor under his Majesty, which petition was lost at sea: In this province allso lives an Indian Sachim, who lives neer to the great lake, from whence flowes Merimack river; petitioned his Majesty to take him into his protection, which was allso lost. In this province there are but few townes and those much scattered, as generally they are throughout New-England; they are rather farmes than townes: But in this province there is a bay called Casco bay, in which are very many islands, two outletts to the sea, many good harbours and great store of fish and oysters, crabs and lobsters. In this province, as in all the rest there are great store of wild ducks, geese and deer in their seasons, strawberyes, rasberyes, goosberyes, barberyes, and severall sorts of billberyes, severall sorts of oaks and pines, chesnut trees, wallnut trees, sometimes for four of five miles together; the northerly the country the better the timber is accounted: On the N. E. of Kenibeck river, which is the bounds of the province of Mayn, upon Shipscot river and upon Pemaquid, 8 or 10 miles asunder, are 3 small plantations belonging to his royall highnesse, the biggest of which hath not above 30 houses in it, and those very mean ones too, and spread over 8 miles at least. Those people, for the most part, are fishermen and never had any government among them, most of them are such as have fled hether from other places to avoide justice. Some here are of opinion that as many men may share in a woman as they doe in a boat, and some have done soe. The commissioners, for necessity sake, have appoynted the best whom they could find, in each place, to be a justice of peace, and have ordered 3 of those justices of the peace in the province of Mayn, who live [Page] next to them, to joyn with them in holding of sessions, till further order be taken. In these parts are the best white oaks for ship timber. All the lands graunted to his royall highnesse in these north parts of New England, except these 3 plantations, are allso graunted to Sir Thomas Temple, in the pattent of Nova Scotia.*

Copy of a Letter from the Governor and Assistants of the Massachusets Bay to Governor Willoughby at Barbados.

Boston in New England, August 21. 1667.

Sir,

YOURS of July 1667 wee received by the hand of Capt. Henry Addy, who through the blessing of God arrived here safe the 14th of this instant. Some few dayes before whose arrivall a letter from his Excellency the Lord Willoughby, your honourable father, intimating the seasonablenes of some present supply to be made from hence for the reliefe of his Majesties fleet with you, was received, and care taken speedily to provide and send such provisions as wee in our poor capacity are able, which provisions are now putting on board the good ship called the Hopewell, whereof under God Capt. John Allen is commander, and are appointed to be delivered to your honorable father, to be disposed for the ends abovesaid, as his Excellency in his wisdome shall see meet. Wee do acknowledge ourselves greatly obliged to his Excellency for his great favour and respects had for this his Majesties colony, the expressions whereof, cloathed with much love and candor, wee have sundry wayes good assurance that they are reall, and that his Lordship doth cordially seeke our peace, and should wee be wanting to a due acknowledgment thereof, wee hope wee should be the first that [Page] should blame ourselves for so great a neglect. In refferrence to your motion for provisions for the supply of Capt. Addy, wee have endeavoured to answer your proposall and expectation therein, although by reason of Gods having diminished our crops for sundry years past, by blasting, &c. especially our wheate, in conjunction with the present season of the yeare, when old store is spent, and new not being come in as yet, wee cannot in all respects accommodate him as were meete, yet according to our capacity wee have endeavoured the same, as himselfe, wee doubt not, will more particularly enforme. And wee shall be ready from time to time to encourage our merchants and traders in their exportation of provisions for your further recrute to the uttermost of our power.

As to a supply of men from hence, your motion therein hath been also seriously weighed by us, and in sundry respects it doth not appeare feaseable to be effected, so as may be to the answering of your expectation, nor yet with the safety of this his Majesties colony at this juncture.

Sir, With a due acknowledgment of your honours great civility manifested in yours, and our hearty prayers to the God of heaven for his blessing to accompany all your lawfull endeavours for the suppressing of the common enemy of our King and nation, under whose guidance and protection wee leave you, and shall remayne

Sir,

Your honours wherein wee may serve you, R. B. Gov. F. W. Dep. Gov.

In the name and by the order of the Councill.

Voted by the Council, 1 August 1667.

E. R. S.

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Copy of a Letter from Colonel Nicolls to the Governor and Assistants of the Massachusets, respecting the Province of Maine.

Worthy Gentlemen,

I Was for some time past very unwilling to believe that you would reassume a power of government in the province of Mayne or Yorkeshire, the absolute decision whereof is lodged with his Majesty; and surely it will appeare an open breach of duty that any of his Majestyes inferiour courtes should usurpe a power over townes and persons after it hath pleased his Majesty to signifie his pleasure to yourselves, in these following words: "And for the better preventing of all differences and disputes upon the bounds and lymitts of the seaverall collonyes, his Majestyes pleasure is, that all determinations made by his Majestyes sayd commissioners with reference to the sayd bounds and lymitts may still continue and be observed till upon a full representation of all pretences his Majestye shall make his owne finall determination," &c. Which very words you will finde in your owne letter from his Majesty, concluding thus: "And his Majesty expects that full obedience be given to this signification of his pleasure in all particulars. Given at the court at Whitehall, the 10th day of Aprill 1666, in the 18th year of his Majestyes raigne, by his Majestyes command, Wm. Morice." But I have now seene the order of your last generall court, in answer to the petition of some restlesse and unquiet spirits, wherein your resolution is already taken to send commissioners to keepe a court and to exercise justice, &c. as under your government. I know you have force enough to compell most of your neighbours to submitt to your government; but if you thinke his Majestyes arme will never be stretched forth to defend his subjects from usurpation, you may attempt any thinge under the notion of settling peace and order. I dare not be silent in a matter soe expressly contradictory to his Majestyes signification, dated 10th Aprill 1666,* for though some of your greate [Page] people have spread a report that the said signification was never knowne to or owned by his Majestie, and probably for that reason the generall court was induced to issue forth the aforesaid order, yet you are to expect that his Majesty will owne his hand, and Sir William Morris will require sattisfaction for such scandalous aspersions upon him, being principall secretary of state. In short, you will finde that province allready settled by his Majestyes commissioners in peace and order, except some few turbulent spirits. You may read his Majestie hath made a temporary confirmation thereof, why then are you soe hasty to enter upon a thinge of this nature, or how can you say that you have heard nothing since that might discourage or weaken your title to the said government? I am necessitated to write in these playne and large termes because the shortnesse of my tyme in these parts will not permit me to give you a visit, but will tell you my feares, that if you proceed to compell an alteration of government in the province of Mayne, by subverting there present establishment as it now stands circumstanced, in all likelyhood you may cause blood to be shed, for it is both naturall and lawfull for men to defend their fast rights against all invaders.

Gentlemen, I shall send a coppie of this my letter with an originall of his Majesties aforesaid signification to those gentlemen of the said province, and there leave the decision betwixt God and yourselves; my hearty wishes and prayers shall be to the Allmighty that you may be endued with the spirit of obedience, charity, meekness and brotherly love, houlding yourselves within these bounds, you may be happie upon all the poynts of the compass, and I am sure noe man can wish you better than your affectionate humble servant,

Richard Nicolls.*

Fort James in New-Yorke, June 12th 1668.

For his much respected friends the Governor and Assistants of his Majesties colony of the Massachusetts in Boston.

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Copy of a Letter from several dissenting Ministers in and about London to the Magistrates and Ministers in Massachusets-Bay.

Right Worshipfull, Reverend and Beloved,

WE received yours dated from Boston Aug. 21. 1671. directed to many of us, which also we have severall times considered, as the providence of God hath permitted to us opportunities of meeting together. The importance of the contents thereof, together with the honor and respect we owe you all, obligeth us to return you such answer as we are at present capable of, according to that disposall which it hath pleased the infinitely wise God to make of us in our stations, and also of the conditions which he hath measured out to his people amongst whom he hath placed us, from whom, as well as ourselves, you cannot expect (as things stand with us) to receive that fruit that either your need calls for or our love would produce, were we not ourselves, together with the churches of Christ in these nations, intangled in many straits, and thereby call'd to a more universall designment of what God hath graciously left his poor people to the supportation of the interest of his gospell and the ministers and professors thereof, whose daily relief depends, as to many counties, principally upon this citty, from whom also we must promise ourselves the greatest part if not all of that little we can hope to attain to, to expresse the value we have for the interest of our dear Lord Jesus amongst you, and more especially the promoting of the continuance of it in our assistence to the education of such as may by the blessing of his grace and spirit be usefull in their generation for the running and glorifying of his gospell in and by your numerous growing posterity.

As to the three branches of your letter, which comprize the whole of it, we doe according to the best of our judgments represent our thoughts to you which we hope will be acceptable to you, as you may find in it any labor of love towards you.

[Page]First, We join with you in that humble thankfullnesse which is due to the God and Father of our Lord Jesus Christ, that he hath for so long a time planted and continued amongst you a school of the prophets, from whence have issued such instruments as God hath used for service to himself, even in both Englands, and heartily condole, that not only the dead stones, but also the living ones in that foundation are so much crumbled and diminished, and gladly would we contribute our helping hand to the repairing of the one and the reviving of the other, were our power suited to our wills. But upon consideration of the straits and troubles the ministers and churches of Christ are here wrestling with, and after consultation had with some wise and godly gentlemen, sincere lovers of you, we find in ourselves and them the concentring of the same thoughts, that the exhausted purses of those that are most able to contribute, cannot reach any summe considerable towards the repair of the edifice, so many of God's servants here calling for daily relief, even of necessaries to them and their impoverished families, yet have we advised about sending you what assistance God shall enable us unto for the maintenance of Fellows and Tutors for the instruction and education of youths, who may be bred up in good literature and fear of the Lord, for future imployment in church and common-wealth, in which we can say there is a reall zeale for you and them in this great concerne. Several wayes have been proposed and debated, we cannot yet acquaint you with any fully determinate meanes for effecting, yet this we were willing to advise you of, that you are in our hearts, and that we are fully purposed (if the present liberty we have to meet be not interrupted by those presaged hurryes which seeme to be in the womb of Providence coming upon us) to use all our indeavour to collect such summes of money (and so to dispose them by the best advice we can take) as may in time amount to some comfortable help towards the end which we specified before, in the service whereof we judge that which is most necessary for you (at least that we are capable of) may be attended.

[Page]2dly, As we desire to bless God with and for you, that so reverend and judicious a person as your president hath for so long a time been continued with you, and that so usefully, so it is a grief of heart to us that there appeares none amongst yourselves to succeed him in that employment, and more that we cannot find persons whose hearts God hath touched to goe over to you, in order to a supply of that expected losse which you mention; yet, if our advice herein be worth attending to, we would suggest, that it having pleased God to stirre up the heart of our beloved friend Dr. Hoar to intend a voyage towards you by this shipping, we do suppose a speaking providence in it, and doe judge that God hath so farr furnished him with the gifts of learning and the grace of his spirit, as that if your judgments concurre with ours and his inclinations (if God shall bring him to you) he may in some measure supply that want and help to make up this breach, and we shall hope and pray that it may be to some good fruit to you and yours.

3dly, For what concerns our promoting the sending of youths over to you for their education, wee can say no more but this, that where we find any inclined so to dispose of their children, we shall not be wanting to incourage it as farre as we hear there shall be reason for it, by the Lords provision of such help amongst you as shall be continued yet unto you or further added by him in whose hands is the residue of the spirit, to be poured out on you and on your seed, according to his covenant. So commending you to the Lord and to the word of his grace we remaine

Your servants in the Lord and for the gospel,

Ph. Nye

John Knowles

Joseph Caryl

William Hook

George Griffith

Geo. Cockayn

John Collins.

John Owen

Matt. Barker

Arth. Palmer

John Rowe

Tho. Brooks

Jo. Loder

London, Feb. 5. 1671-2.

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Copy of a Letter to Col. Goffe, one of King Charles the first's Judges, from his Wife.*

27th April 1672.

My deare Child,

HOW greatly doe I long to see thee, but seeing that cannot be, thy choych lettars doe much refrech my drouping heart, to heare of thy health and happynes, with thy deare friend,† is the chefe comfort I have in this world, next to sole marcise. I receved yours of the 6 of november, I cared the inclosed and did as you desired, which I parseved was liked better then a lettar would have been from you; he hoped to send something but not yet, he told me you wantid nothing so far as he could undarstand, I wich you find it so, but the Lord is very grashous to you and us in taking care, and tis a choyc marcy not to want that the Lord will not have us to inioy, tis the worke of the Lord to bring our minds to our condishon, but I find hope desired makes the heart sick, but the Lord is plesed to be the veshion in the applycation of som word or other, as that I will never leve thee nor forsake thee, I will be your God and the God of your sead, and throe marcy I have found it in some meshere maid good, for Frank is, I bles the Lord, receved into the chorch and gave great sattisfaxon to all that ware present, theare was eldars, deakons and som other of the membars that spake with her at forst and the whole church was sattisfid in her, and I hope the Lord who hath begon the worke will finnesh it to his glory and our comfort that she may help kepe up the name of the Lord in the world when we are laid in the dost. I found the inclosed, it being of her one writing, I have sent it to thee that we may reioyce and bles [Page] the Lord together for so great a marcy; a porshon in him self is the best porshon for this cannot be lost, the Lord help us all to love him more and then the parting with earthly comforts will not be so grevous to us as it tis, deare Mrs. Jane hath sent some goods she being perswaded that it would be best this year, if the Lord plese to send them safe and that thay be well maneged for you and your freinds benefit. I trust the Lord will make it of some comfort to you, for my aunt toke great paines to send it before the war begon and we hope it is gon safe, we desire to follow it with prayers. If you be good lads and will send word what you want theare will be care taken to soply you, but tell then I forbare to send because it is your desire. I bles the Lord I want nothing but thy deare company and thy friends. Give all the glory to God he is the giver of all our marceyes. It will not be long but I must be gon to those manshones that Christ hath prepared for me and all that love the Lord; theare will be no sorrow but fulnes of joy and pleshures for ever more; but if it may stand with the pleshure of my father I shold be glad to see thee and pease upon Isarell onse more, but I feare I am not worthy of such a marcy, but the Lord Jesus Christ is, for whose sake he will appeare in the best time. I have sent you the inclosed by which you may see that the pepell of God injoy much liberty at the present but what the eshue of it may be the Lord knows. The war with the Duch is like to be very terabel; the Lord ordar all things for his one glory; Christ is the head of the church and that may comfort us in the medst of all these commoshons. I bles the Lord I and your sistars and other friends are in health, only Betty is weakly, my ant takes great care of my brother as if he ware her one and is very kind to all the samely and to all that feare the Lord, for she makes it her buisnes to help the afflicted; many have cause to bles the Lord for her; doutles she will have a hye place in heaven; her good husband is much afflicted with the stone which makes him stratened in time that I fear he cannot write but prays dayly for you. Mrs Jane is much plesed when you write [Page] to her and troubled when you doe not; pray thank her for her love to me and mine, we are very happy in the sosiety one of another; be carefull what you write for all the lettars we receve comes from the post house. Pray Child be carefull of yourself and friend and if you want a periweg to keep you warm let me know it and I will send you one; pray want for nothing that may be good for you, for my happynes is bound up in your well being. The going of the ships are very unsartain and therefore I know not whether I may write any more this yeare or not, but I shall not sese to pray for you and all the pepell of the Lord with you, especially for those that show kindnes to you to whom I desire to be remembred and returne hearty thanks for all thear great love; I hope the Lord will requite them a thousand fould. If anny thing be don by us to your prejedish pray let me know it from yourselfe. Many friends desire to be remembred to you and prays dayly for you, all your sistars presents thear humbell duty and greatly longs to see you, my most indeared love to thyself and humbel duty to whom it belongs, I bles the Lord that theare is anny hopes of his recovery, the Lord profit the marcy and sanctifie all his dealings to us and let every marcy and every afflixon that we mete with bring us nearer to himselfe and then we shall have no cause to complayn, my child this is like to be a very trobelsom sommar and therfore pray hard that the Lord wold appeare for his poore pepell and that the gospell may be upheld. Many nay allmost all that fear the Lord have apprehenshons that God is bringing som great stroke upon this nashon, the Lord devart his judgments if it be his will or however hide his pepell while these calametyes be over past, we have yet a breathing time, the Lord give hearts to improve it. The churches of Christ many of them ware in greate liklyhoods to mete in the halls, having a grant from the companyes, but at present theare is a demur on it, you may ges from home, but the Lord raineth let the earth rejoyce, doutles this is a great blow to the bushops, but I shall be to troubelsom thoe I know not how to leve when [Page] implyed in this worke, but I must take my leve beging of the Lord to kepe you in safty if it be the will of the Lord and that both you and I and all that feare the Lord may be presented blamles at the coming of the Lord Jesus Christ, I take my leve and remain

Your most indeared mother, Fra. Goldsmith.

Copy of a Letter from Mr. John Collins* to Governor Leverett.

Sir,

I Would not let this ship goe without a few lines to you, however I have little to say, saving the recommendation of the gentleman the bearer hereof, being Dr. Hoar, who is in fellowship with us, and yet more yours than ours, through his ardent desire to serve God in what worke hee will allot to him in your parts, where hee hath had his education, which in the judgment of wiser men than myselfe is thought to bee in your colledge employment, to which hee is very well qualifyed in many things. I know whatever countenance or encouragement yourselfe can give him or the magistracy he shall not want it, for I beleeve hee will deserve it and continue soe to doe, to him alsoe I doe refer an account of the state of things amongst us, which he will be better able to doe than I can by letters have at present opportunity for, hee knowing all I can write and the conveyance being very hazardous, the ship going out when the 2 fleets, ours and the French on the one part and the Dutch, are both out and plying towards one another for an engagement, only this I would add, that the lord I spake of is upon going and in likelyhood will, before hee returne, visitt you, which is to bee emproved to the best of your advantage; hee is a very civil [Page] noble person, and if noe offence be ministred to him there, will doe you much service and, I perswade myselfe, noe hurt if it were to gain the whole country, but keep all I have wrote about him to yourselfe, or as secret as may bee. Your friends and relations are all well, as I and my family through grace are. I desire you to accept the tender of my humble service to you and your lady, with my wifes, and commend you to the Lord, begging his presence and grace with you in your great worke; and that when you are nearest God you would fervently remember mee and mine which is great and weighty. I rest,

Sir,

Your very affectionate friend and humble servant, J. C.

London, May 10. 1672.

Copy of the Elders Advice to the General Court.

WHEREAS it hath pleased this honnourable generall court assembled and setting in Boston the 15th of May 1672, to call us severall of the elders of the churches in this colonie, to consider, consult and advise concerning the present difficult emergencies before them, in order to the free, full and amicable concurrence of both houses in managing such cases of judicature as are represented unto this court, by petition or otherwise, according to law; wee thought incumbent on us as an indispensable duty, pressed under the sense of the great consequence of the question, it being to us a matter of the greatest importance, on the one hand, to say nothing that might in the least impair the honour, power and authority due to the honored magistrates, or, on the other, infringe, weaken or make voide the liberties, priviledges or power by our constitution appertaining to the freemen, both which are more deare to us than our lives; seeing that in the temperament of both standeth the firmnesse of our civil being and the happinesse of this whole people, in the preservation of the common interest; wee thought good humbly to suggest as the result of our serious thoughts on the whole conference, that it pleased this honoured generall court to [Page] admit us unto the hearing of amongst themselves for our formation in the state of the case, these proposals following.

1. That our civil constitution respecting both the form and administration of civil government, it is or ought to be founded in and upon our charter by which wee are incorporated into a body politique, and furnished both with legislative and executive power, and giveth life and strength both to the being and operations of our civil politie, and maketh us a people.

2. That therefore this our charter is to be kept and observed inviolably in all the fundamentalls of civil policy, therein directing to the right constitution of courts and regular distribution of differing interest of power and privilege between the magistrates and the freemen, and the distinct exercise of legislative and executive power by those who are by pattent vested therewith.

3. That in any particular which doth admit a latitude of interpretation and fall under a different understanding amongst us, such a just accommodation as may consist with our patent and best provide for the publicke satisfaction and safety is most adviseable.

4. That although wee concurre fully with those our worthy predecessors in the ministry who when called to give their advice in the like, if not the same case, have placed the negative vote in the major part of both houses, as, in their understanding, most agreeable to the charter and conducible to the publick weale of this colony, as by their manuscripts yet extant more fully doth appeare:

Yet, for a present accommodation (wee humbly conceive) that our honoured magistrates bill referring to the issuing of all debates in matters of judicature (in case of the non-concurrence of both houses voting apart) unto the vote of the whole court mett together, or the major part of them, whereof the governor, deputie governor and four magistrates, or otherwise five of the magistrates at least shall alwayes bee a part, to the making any valid act; wee say wee humbly conceive that a mutuall concession hereunto and a joynt concurrance herein may bee a sitt medium [Page] of such an accommodation, as that which falls within a true latitude of interpetation, and for this wee humbly submit our reasons to your consideration.

1. Because the patent doth expresly make and denominate two distinct estates constituting this corporation, as 1st, That of the governor, deputy governor and assistants. 2dly, That of the freemen. Therefore, either to confound these two estates of magistrates and freemen, so as that there should be noe distinction in the exercise of executive power, or to divest the magistrates of the exercise of all executive power, or to invest the freemen with a power equall unto, and in case above, the magistrates in the finall determination of matters of judicature; or to swallow up the whole estate of the magistracy, with all their interest of place, power and patent right together, by a major vote of the freemen in court, doth seem to us to shake and overthrow the boundaries of two distinct estates laid in the charter.

2. Because the patent doth, according to our understanding of it, constitutue a quorum of the magistrates in all generall courts, with whom there is a negative vote in matters properly appertaining to that court, else what meanes that clause divers times industriously inserted, of which the governor, deputy governor and six of the magistrates shall be seven, which, if so, then totally to null that quorum and negative vote together, seems to us to bee a fundamentall errour in government, according to patent.

3. Because, to leave the finall determination of judicature in any case altogether to the freemen, doth tend to evacuate our great liberty and priviledge of election, as to one main end of it, unto which our honoured magistrates are solemnly sworne, viz. the administration of eivil justice according to the lawes of the land, which they cannot possibly doe if altogether superseded by the major vote of the freemen in generall court; all which, wee humbly conceive would be prevented if the aforesaid accommodation may bee attained.

[Page]5. That for the prevention of trouble and expence of time to the honoured generall court, by hearing and determineing cases civill or criminall, it seemes expedient, by law, to provide that there may bee a more open way to an issue of such cases in inferiour courts of judicature, by the agreement of bench and jury, and that the magistrates may be, by expresse law, directed to accept the juries verdict and to grant judgment accordingly, unlesse they shall judge the juries verdict to be evidently contrary to law and evidence, in which case, that they may bee impowered by law to cause the jurie to answer for their default, in the same court, before a jurie of twenty four persons chosen by the freemen, or otherwise to bee liable to bee served by the party aggrieved with a writ of attainder out of the same court, or otherwise as this honoured court may see more aptly and amply to provide.

It being the great liberty of an English subject to be tryed by his peers, before whom he hath free and full libertie to plead law for his indempnitie and safety.

6. That when the worthy deputies in generall court engage as judges in matters of judicature it may bee thought meet and just that they are sworne according to law, so farre at least as the magistrates are sworne, which seemes necessary in reason.

1st, That acting joyntly and together with the magistrates they may act under the same obligation of law and conscience. It seemes very incongruous, that of joynt judges some should bee sworne to judge according to law, and others left with a latitude to judge according to judgment and conscience only, and so that the magistrates should be only judges and the deputies judges and chancellors in the same court.

2d. That our persons, names, estates, lives, and all, may bee under the protection of law, which is the great securitie of the subject, and that it may not rest in the judgment and conscience of any of our judges to vacate our lawes and in an extrajudiciall way to passe judgment in any case under a legall cognizance.

[Page]7. The premises notwithstanding, wee humbly propose, whether that such cases as are already lying before or depending in this honourable court, either by petition or otherwise, may not, for the furtherance of the accommodation abovesaid, be admitted unto a hearing in the wonted way of procedure in this court as heretofore.

These proposalls wee doe in all humillity and faithfullnesse present and submit unto the serious considerations of this honourable court, and being under the awfull sense of the great necessity of the amicable agreement of both houses in such a time as this, wee doe most humbly and unfaynedly beseech him who is the wonderfull counsellor and prince of peace, of whose government and peace there shall bee no end, that hee would guide you by his counsell and fill you with the spirit of wisdome and counsell and of the feare of the Lord, to make you of quicke understanding in the feare of the Lord, that you may bee able to discerne and conclude upon such a way of agreement in this matter as may bee for the glory of his name, peace and welfare of his people here and your account with joy in the great day of the Lord.

Samuel Whiting, sen.

John Oxenbridge, consenting as to the substance and scope which is the accommodation.

Thomas Cobbet,

John Shearman,

John Higginson,

Thomas Thacher, sen.

William Hubbard,

John Wilson,

James Allen, I fully agree to the accommodation propounded in this paper.

Samuel Phillips,

Samuel Torrey,

Antipas Newman.

John Hale, I concur fully with the substance of this accommodation.

Josiah Flint.

[Page]

Copy of a Letter from Mr. Peter Tillton to his Wife at Hadley.

Boston 18 3mo. 1672.

Deare Wife,

THIS opportunity gives occasion of these lines, wee have had a quiett and peaceable election, no alteration or addition; O what a price doth divine patience yett betrust us with, when he is drawing out the sword and arraying himself with the garments of vengeance as to other kingdomes, and when it is more than probable many garments are tumbling in blood. As to the news from England all men, both wise and others of more ordinary cappassityes, looke on the effect or produce thereof will be as black a daye in the world, as the world hath knowne. The late actions in England in commissionating their fleet to seise and fall on the Hollander, of which I wrote you in my last, breaking their league, joyning with the French, assisting them with souldiers out of England, and with their principall harbours to receive a numerous army and shutting up the exchequer, whereby many are outed of their estates contrary to all lawe, are thinges that both in England and here, by men of all sorts, are looked upon as strange, horrid, and omminous. There is another ship expected, one Jonas Clarke, (if not stopped by the embargo or otherwise) in which one Dr. Hoare, a minister, is expected. Remember me to mine and thine, with my love to all with you. I cannot forgett you before the father of spirits, night and daye. The goodwill of him that dwelt in the bush be with you, cause his face to shine upon you all, and give you peace. So prayeth still

Yours unfainedly to love, Peter Tillton.

This day the generall court hath appointed the fourth daye of the weeke ensueing (for themselves) a day of [Page] solemne fasting and humiliation, to fall downe upon their knees before Almighty God, for and in the behalfe of his cause, name, people and interest, that in this day are so deeply designed against by the serpent and his seede, and that by this black cloud of tumult and commotion now amongst the nations the Lord would bring forth the accomplishment of those promises of his, that his people are so earnestly lookeing after and waiteing for; allsoe they have ordered six ministers as helps to carrye on the daye, viz. Mr. Oxenbridge, Mr. Mather, Mr. Oakes, Mr. Eliott, Mr. Whiteing, Mr. Cobbett: Further, they have ordered the 13th daye of the next month to be observed and kept as a solemne day of fast and humiliation by all the people of this jurisdiction, on the account aforesaid.

This last fifth day was the younge man that killed Mr. Daveys maid tryed for his life and condemned to dye.

I have binn ill this 2 or 3 dayes of an aguish feverish distemper, with afflicting paines in my head and teeth. My deare ones, forgett not him who hath you all on his heart, and whose desire it is to leave himselfe and his all with that mercifull high priest who hath the keys of life and death. Farewell, farewell.

Copy of a Letter from Mr. Collins to Governor Leverett of the Massachusetts.

Sir,

YOUR short letter with the treasurer's and your bills I received, which were very welcome, having received by them the newes of your hopeful recovery from soe great an illness, wherein God hath spared you to that country as a publique mercy I hope as well as your friends and family, which the Lord in mercy continue, and carry you on in your worke to the perfecting of that [Page] which God in his councell hath further to continue your use and services to accomplish. According to your orders the 100l. is payd in to Mr. Floyd upon Mr. Rawson's account, and 64l. 10s. received into my owne hands by vertue of the bill sent by Mr. Saltonstall, and the new one of 44l. 10s. charged on Capt. Peirce, which is in my hands, saving what hath binn disbursed, according to your order, to Mr. Rushworth, whom I have, as you directed, employed since 24th June last, to have an eye upon your affayres, though I neglect it not myselfe. I agreed to give him 3 guynies a quarter and have accordingly payd him 9 at the rates they goe, which is 20s. a piece, and have agreed to be at all contingent charges of fees or transcribing papers; which besides a croune or thereabout which I have layd out is all yet out of purse; unless you shall think fitt to allow any thing towards the charges of the publique papers I have formerly and now sent, which I have hitherto payd out of my owne wholly. Your letter directed to Dr. Owen, Mr. Woodbridge and myselfe, wee did not communicate to him, his abode being at Newberry and seldome in towne, and, betwixt you and I, wee judge one that is not very likely to be serviceable to you. You need not give any account of it to Mr. Symons. Through Gods goodness there is not the least cause to write to you about any thing at present that concernes you, saving that New-York being restored by the peace one Mr. Andrews is appointed governor, a man I know not; and some rumour is maliciously spread at court that you have made peace with the Dutch there, which is obviated by the readiness of some persons to shew the falshood of it. I hope nothing will for this year further disturbe you, and if any thing doe arise it will be from New-Yorke and the government there, I have therefore greatly encouraged some gentlemen your friends, who would purchase it of his royall highness, as thinking it will be much for your peace, who are about it, but how it will issue I know not. Mr. Rushworth hath not had any thing to doe for you as yet, but only to attend what the council table or council of trade should [Page] passe, before the last of which Plymouth patent hath layn long, but nothing done in it. I hope you shall want no information, only I hear the King is offended that some of your ships take in their lading from Virginia and goe to France and defraud his customes, as alsoe from other plantations; to which I know not what to say. The truth is, proroguing the parliament is some yea much discontent to them, when they had soe many good things before them, and the present transactions in Europe, with the kings vast debts, and their not having yet come to any resolve as to the future way of paying of them, takes up all their thoughts that they have little time to mind such minute things as yours, untill some old things be againe revived or new provocations given, in which I doubt not God will enable you to walke wisely. All the publique news and papers most choyce, as to manuscript or print, that have come out in the time of war or parliament, I have enclosed in a box which my brother Hammond will take up, it is shipped in Mr. Clements, whom I have ordered to deliver them to you and pray you, after you have perused them, to let my father have them for the use of friends; and were there any thing considerable that is not there I should add it, saving the presaging of mens minds of some dangers of papists and popery, and other things not fit for papers. The 2 nations are discomposed as to the prorogueing of the parliament, especially Scotland, where hath binn sad jangling betwixt the Duke of Lauderdale and the nobility, which may issue in disquietments. I am, I bless God, well, with my wife, who presents you and your lady with her service, and soe are all your relations. God hath binn afflicting our family here, having taken away lately my only daughter, and alsoe, as I hear, my relations there have had sore breaches, the Lord sanctifye to them and me his holy hand. Since my last it hath pleased God to remove by death Mr. Lodor, Mr. Venning and some other ministers of the presbiterian perswasion, holy men and much lamented; as alsoe lately Sir Thomas Temple, whom melancholy and griefe hath killed by his hard usage [Page] from Mr. Elliott, but especially the occasion given of scandall by his lodging at his old Mrs. her house, Mrs. Martin, which having heard the echo of again from New England, from the letters that some too uncharitably wrote, did sit deep upon his spirit and hastened his end: He sent for mee and I was with him severall houres, before hee dyed a week, and hee layd open his soul; it was a meer accident, yea great necessity, I judge, afterward that cast him at that wretches house; hee did declare in the presence of God, that noe temptation, noe not in a lust after her, had ever come upon his spirit but contrarywise a great abhorrence of it, was deeply afflicted that any had soe much aggrevated the report, and that the name of God should suffer. I saw neither disease nor paine that would hasten his end, but his spirit broken, his inward estate darke, wherein God did enable mee to doe him some small service. I hope he had the root of the matter in him and is gone home to rest. Your concussions you have at the colledge doe greatly grieve mee, and soe much the more that noe friend hath binn pleased to give me a true state of it, but all I gather, from them that I see, are wholly of one syde; it causeth a great rumour here, and is greatly aggravated to the presidents reproach, in whom I am concerned, for hee was a member with us, but it seems hath joined himselfe with the 3d church at Boston, which surprizeth me, although I doe judge his relation thereby to us is erazed, all that I would say is, that it hath by our New England friends here binn layd as a reproach upon all the elders, yet I think without cause; for if our letter bee viewed you will not find that wee did recommend him to bee your president, wee judged that too much for us to undertake, nor did wee excite him to come or urge him upon such hopes; it was his own eagre desire after it and his thinking that hee might bee serviceable there; all wee sayd was, that since hee was prepared to come wee thought him one that might bee helpfull in your colledge worke and left it with you to judge how; if there be any other expressions, or to the like purpose of what I mention, they [Page] are none of ours; I hope the letter is kept, and if you would doe mee the favour to send mee the original, or a true copy, I should returne it to you again safely, though I had rather have the original. I hope that noe recommendation of ours will cause you to continue him, if you find him unfitt; better hee suffer than the glory of the colledge bee mined, as is the expression of several letters from the very best hands there. Just as I was writing this, came to hand yours of the 12th of February 1673, wherein I have some account of the things I am now writing about, for which I thanke you, and find your candid opinion of the Dr's actings, like to Mr. Stoughton's who gave mee much the same sentiments about the matter of fact, but did not instance in what was charged against him. I hope God will pleas to heal that breach or to direct you to what may bee most for the good of the colledge; and to add noe more of that, the kind and obliging expressions which you are pleased to use towards mee I returne you my humble thanks for, and pray I may be continued in your love and prayers as I desire to mind you in mine, though weak and sinfull. Sir, I shall only further acquaint you that Capt. Peirce required a discharge for the whole summe, and considering the 100l. came not into my hands, and yet I have charged myselfe with it by a general acquittance to him, I think for my discharge it is but necessary that I have, for soe much paid by your order, a discharge from your treasurer, which I beg you to remember. This is all at present but the tender of my most humble service to you, from him who is,

Sir

your most affectionate humble servant, J. C.

London April 10. 1674.

[Page]

Copy of a Letter from Mr. John Knowles* to Governour Leverett.

London 16 April 1674.

Ever honored Sir,

IT is noe little trouble to some here to understand that you are under some indisposition of body, that you write to few friends here, the Lord strengthen your heart and hands in that great worke which the Lord hath layd before you. It is very grievous to your friends here, not only to us ministers, but your commissioners for the colledge, to heare of the great breach that is made in it, wee wonder at the occasion of it, that they doe not either strenthen the hands of Mr. Hore that so the worke may go on, or else some other able man may be put into the place. For the wound will widen by delays, and if the colledge dye, the churches (some judge) will not live long after it. Mr. Penoyer's meanes given to it, about forty pounds per ann. I feare will goe another way when it falls, if there be noe colledge; and divers other intended gifts. Wee have some money offered to be payd for the colledge, &c. divers youths desire to come over to study there, but I doe give noe encouragement to them soe long as things are in such a broken condition in the colledge. Thus with my deare love to yourselfe and good mistress Leverett, and Mr. Oxenbridge, I commend you all to God's blessing in Christ Jesus.

Sir

your faithfull friend and servant, John Knowles.

Sir, You shall doe well to send us word by your first shipp, when wee have gotten your money, what to send it over in, wee think glasse and nails.

Let me assure you that here is at present a great designe of foote for the regulation of New-England, but you have no man here to prevent your trouble or speake a word for you; your country ought to be at some charge [Page] here, to answere for it, or else I clearly see you never shall be long quiet. I pray you conceal my acquainting of yourselfe with it, the thinge is true.

Sir, I should have beene ashamed to scrible thus to such a one as yourselfe, but I dare not be wanting to my duty, though my weaknes at present (as to writing) disinables mee, yet through mercy otherwise well. Oh! that I could say soe of your good friends Dr. Owen, Mr. Hooke, who are in a languishing condition. I hope shortly wee shall receive neare an hundred pounds for the Colledge, though I was the first (I thinke) that first moved Mr. Doddridge to give, yet I will not take it; it may be I shall accept of tenn pounds, for I can say the getting of it now, after nine years with-holding of it, has cost mee many journeys to London and some money.

Copy of a Letter from Major Thompson to Governor Leverett.

Sir,

I Understand by my cosin Peter Sergeant, who hath a good quantity of powder of myne in his hands, that the authority of your collony refused to let him sell it, when he had good opportunitys, for my advantage, by which meanes its like to prove a greate lose to me. If it be soe, I desire you will seriously consider whether the collony is not to make me reparation, by taking the powder at the rates he might have sould it. And first I must tell you, in fact, its what his Majesty doth here, for since the war our salpeter did rise considerably to transporte, his Majesty prohibited the exportation and paid us the same price to a farthing, reddy money, that we could have sould it for, and hath the peter still in his stores. And though particular persons must submit to the publique, yet where there is a damage the publique is better able, and in conscience [Page] ought to beare it, it being but little to each particular person when the whole beares it, but heavy where one beares it; and if there be a benefit, as undoubtedly it was judged, the whole did pertake of it, which they ought to doe at theire owne charge and not at mine. Besides indeed, I thinke it good pollecy to incouredg your having store in your country of that commodity, in case of need, which the restraining the free dispose of it will hinder; though as a lover of your country I must say it were your interest to make it there. Sir, I appeale to you for justice and desire you will see me righted.

There has been much discourse and complaint about Mr. Gorges's pattent; it were good if such things were taken up, least in the future they prove prejudiciall. If the country would buye out their claime it may be done, or if you could propound how their title might answer the disburse of the money, I should joine with others or doe it my self, but being wholly ignorant of the thing have refused any discourse with the proprieters, though have binn often invited to it. Pray let me have your thoughts about it, which will much governe mee.

Your affectionate humble servant, Rob. Thomson.

Copy of a Letter from Major Thomson to Governor Leverett.

London, this 4th June 1674.

Sir,

I Formerly wrote unto you about my suffering in my powder, in which I hope you will see mee righted; since which, being at the corporation for the propagateing the gospel amongst the Indians, I found the commissioners letter did not incoredge the sending any stocke into the country, but upon consideration amongst themselves have at last resolved to send some, remitting it into the hands of [Page] Mr. John Richards and Mr. Peter Sergeant, to be improved for that worke. If you please to advise with them and others, and find a way of certain improvement by buying lands, mortgages or other security, I am confident the corporation may be inclined to goe in debt here to remitt a good some over. And indeed if you had my apprehensions of things you would endeaver it.

And now to returne to what I began with. I am perswaded your country will afford good peter and it would be your advantage to make powder yourselves, and in the mean time to have a store by you, that you may not be in straights, upon any sudden breach. I wish I may not be a prophet (as I have binn twice to some amongst you) in this, that I feare another warre. Upon which account, had I had the freedom of the dispose of the commodity, or that the country would have bought it now its cheape, I should have sent a large supply this yeare, but now forbeare untel I heare from you, and may then doe it, if the doar be open. So rests

Your affectionate servant, Rob. Thomson.

Copy of a Letter from Robert Boyle, Esq about New-England, July 1674.

Sir,

WHEN you see any of the principall magistrates of N. E. you will oblige me to take an occasion to let them know, that whereas, some months agoe, I received from severall of them a letter apolegeticall, concerning answers to misrepresentations that they feared had bin made of their affections and actions, I had a just sense of the honor they were pleased to do me, and used my endeavours, perhaps not altogether unsuccessfully, to have the particulars they alledge for themselves taken notice of by those two or three persons of our court in whose good opinion [Page] it most concerns them to stand right. Though I think that it would be much more their advantage to send or appoint some competent person here, to solicite and manage their concerns on all emergent occasions.

The forementioned account of my endeavours to serve them I desire should rather be given by you than immediately by me; because, being here in a private capacity, as their friends and mine thought it unadvisable I should shew their letter to his Majesty himself, so I thought it did not become me, in such times, to presume, without express leave, to write directly to the colonyes.

R. B.

Copy of a Letter from Mr. John Collins to Governor Leverett.

Sir,

I Hope myne with the papers I sent you are long before this time come to your hand, wherein you will see what I have to write concerning yourselves, and alsoe the general state of things amongst us, glad I am I have nothing more to add in relation to yourselves, save only that, since I wrote last, there hath been a proposition of alienating by the proprietors the province of Mayn and what you call New-Hampshyre to the King, to make an interest of it to the Duke of Monmouth, and it is proposed that he should send a governor to rayse to himselfe a revenew from it. I hope it will come to nothing. He that was all agog to goe governor thither, I had him dealt withall by a friend and such discouragements layd before him, and the ridiculousnes of hoping for such a revenue as was proposed of 5000l. a year, or more, to the Duke, that I think it is layd aside. To be sure I shall, by the last ships, to which I refer my larger letters to you, give you a further account of that or any thing else that shall concerne you, but I judge you have little reason to expect any [Page] great disturbance here, I suppose their owne affayres are too weighty to mind yours much, at present, and my business is soe much as that if I write twice a year, more largely, to you, you must excuse me (the emergent providences that may signifye any thing to you I always except, to which I shall not be wanting) to the returne therefore of the last ships I shall refer a larger letter: I hope you will see the 100l. payd according to your order, and will understand the agreement I have made with Mr. Rushworth for 3 guineys a quarter, with all contingent charges, which I shall continue, though as yet there hath bin noe service done for it, but I shall follow your order, till either you remand it or I see better reason to the contrary. I shall only add, that there may be somewhat more considerable, as to the publique, by the last returne of the ships, which I shall either by writing or prints send you; some stirs are in Scotland about the late impositions, which what they will produce time will shew; somewhat I shall send you by the next; their parliament is desolved and the nation in a scurvy temper; whether ours will meet again next season appointed I know not, much depends upon it; I am now at the waters for my health, from whence I now write. I received two short ones from you since I last sent; to which there needs noe answer, you have found it in my former, only I congratulate for the peoples sake rather than your owne their renewed choyce of their governor, and am sorry they should in authority not yet have their eyes opened to see the vanity and fruitlesnes of any prosecuting quakers, or others, who are otherwise peaceable. I pray God still continue you usefull, as to making up breaches there in church and state. As to what you intimate about the removing of the Dr. in reference to the colledge, I think, neither myselfe or others are any further concerned than to be sorry such a breach hath binn under his hand, and to beg of God to direct you in a right choyce.

I am, Your most affectionate humble servant, J. C.

July 28. 1674.

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Copy of a Letter from William Goffe, one of King Charles the first's Judges, to his Wife.

Most dear and honored Mother,

ON the 23d July I received yours of the 29th March 1674, with the inclosed that should have come last year, hoping you have also by this time received mine of the 21st May last, which informs you how it was then with myselfe and your old friend Mr. R.* and that I wrote largely to yourselfe and dear Mrs. Jaines, in October last, which I perceive you have not received, which I am very sorry for; but it hath been a great mercy that all my former letters came safely to your hands, and as for those, knowing the hazard of their miscarriage by reason of the warres, I kept the coppyes of them, and for your further satisfaction I have again transcribed, that you may see I was not unmindfull of my duty in writing to you and answering your desire of my advice concerning my sister Fr.† of whose disposall in marriage you have now given me the account, so far as you conceive you could, and I believe are longing to understand my thoughts of it. Dear mother, you are pleased to say well, that you gave me an account how it hath pleased the Lord to dispose of her, &c. It is indeed the Lord, who is her heavenly father, that hath disposed of her and provided this husband for her, and therefore, tho he be unknowne to me, I do believe he is the fittest person in the world for her, and that she likewise is the most meet help for him. I remember in a former letter to yourselfe, when you desired my thoughts in a matter concerning her, I tould you I was confident the Lord would take care of her and in due time provide a husband for her, and now he hath done it, shall I question whether he hath done it well? No, I dare not do it. It is a great satisfaction to me that you sought the Lord, and tooke advise of our dear and christian friends, and that my syster was guided in her choyse by yourselfe [Page] and them, and desire with you to blesse the Lord that hath provided so well for her, and shall not cease to pray night and day on their behalfe, that the Lord will be pleased to make them great blessings to each other, and that this new condition may be, every way and allways, comfortable to them both, for as you very truely say, it will be as the Lord shall be pleased to make it. I pray remember my most tender and affectionate love to them both, and tell them that I greatly long to see them; but since that cannot be at present, you may assure them that whilst they shall make it their great worke to love the Lord Jesus in sincerity, and love one another dearly for Christ's sake, and to carry it with tender love and dutyfull respect to yourselfe, I shall esteem it my duty to love and pray, and act faith for them as if they were my own children, being not otherwise able at this distance to be helpfull to them. Dear mother, that yourselfe and all friends did so well approve the match gives much content to my heart, and I beseech you not to give way to any recoylings that may arise in your own spirit; do not say, as to the world, my sister might have done much better, the Lord knowes what is best for us, and ours; it may be that which wee may think would have been better might have proved much worse. These are dying times, wherein the Lord hath been and is breaking down what he hath built, and plucking up what he hath planted, and therefore it is not a time to be seekeing great things for ourselves. Let us read the 45th chap. of Jeremiah, and apply to ourselves what the Lord there speakes to Baruch, and account it a great mercy if he give us our lives for a prey, and bring us again to see the faces one of another with comfort, The things, that Baruch is dehorted from seeking, were worldly things, why then are they called great things? Surely the Lord speakes it onely according to the esteem that we are too apt to have of them, for the worlds great things are indeed and in truth but poor little things, and the saints should looke down upon them with contempt, and shew themselves to be of high raised spirits, seeking [Page] things truly great, as our Lord himselfe doth exhort us, Mat. 6.33. But seeke you first the kingdom of God and his righteousnesse, as if he had saide, for they are great things, worthy your affectionate endeavours, and as for all these little things which gentiles so earnestly pursue, they shall be added unto you so far as your heavenly father knoweth that you have need of them. My poor sister begins her housekeeping at a time when trading is low, and all provisions dear, and I cannot but pitty her in that respect. I hope she will not be discouraged nor her husband neither, but for prevention I desire them to consider seriously and to act faith upon that most excellent councell our Lord delivered with authority in his sermon on the mount, Mat. 6th from the 24th ver. to the end of the chapter. I cannot but be full of longings to heare how the Lord hath dealt with her in her lying in, but I doubt not you will take the first opportunity to inform us of it, in the mean time I shall endeavour to stay myselfe upon the promise made to childe-bearing women, 1 Tim. 2.15.

Dear mother, I have been hetherto congratulating my newly marryed syster, but I must now turn aside to drop a few tears upon the hearse of her that is deceased, whose losse I cannot choose but lament with tears, and so share with you in all the providences of God towards us; but my dear mother, let me not hereby be the occasion of renewing your griefe, for I doubt not but you have grieved enough, if not too much, allready. Let us consider how graciously the Lord deales with us (as for my dear syster, shee is got beyond our pitty, we need not lament for her sake, but rather rejoyce that shee is at rest in the bosom of Christ) who whilest he is taking from us with one hand, gives double with the other. He hath added one to your family on whom I hope you may set that motherly affection as if he were your own son, and I hope hath before this time also made you to rejoyce in the fruit of my systers womb; and shall not we say with Job, the Lord hath given, and the Lord hath taken, blessed be the name of the Lord. But oh how apt are wee to murmur, if the Lord [Page] do in any thing displease us, but what a shame it were that we should be displeased at any thing which God doth? Who are wee, that wee should set our corrupt wills in opposition to his most holy and blessed will. It is blessed counsell that a reverend minister of the gospell gives, who had been in the schoole of affliction, that I lately met with in a printed booke of his, I pray you (saith he) drink in that notion, viz. That the will of God being pure, holy, perfect, yea God himselfe, should not onely be submitted to, or rested in, but loved and chosen above all creatures, yea above life itselfe, the best of creatures. Would wee but once learne this lesson (which the Lord is, I hope, teaching of us by all his dealings with us) and help us (as you say sweetly in your letter) to see love in all his dispensations, there could nothing come amisse to us.

Dear mother, I perceive, when you wrote last, you were upon a remove from those dear friends with whome you then sojourned, I hope the Lord guided you to that motion, and shall long to hear where you settle; in the mean time, it is my comfort that the Lord tells all your wandrings, and receives all your tears into his bottle, and will not faile to direct all your steps, till he hath given you a safe conduct through your wearysome pilgrimage, and at the end thereof open unto you an abundant entrance into those mansions that are prepared for you in our fathers house, where you shall be at rest in the bosome of Christ for ever.

Your old friend, Mr. R. is yet living, but continues in that weake condition of which I formerly have given you account, and have not now much to add. He is scarce capable of any rationall discourse, his understanding, memory and speech doth so much faile him, and seems not to take much notice of any thing that is either done or said, but patiently bears all things and never complaines of any thing, tho' I feare it is some trouble to him that he hath had no letter of a long time from his cozen Rich, but speaks not one word concerning it, nor any thing you wrote of in your last, onely, after I had read your [Page] letters to him, being asked whether it was not a great refreshment to him to hear such a gracious spirit breathing in your letters, he said it was none of his least comforts, and indeed he scarce speakes any thing but in answer to questions when they are put to him, which are not of many kinds, because he is not capable to answer them; the common and very frequent question is to know how he doth, and his answer, for the most part, is, very well, I praise God, which he utters with a very low and weake voyce; but sometimes he saith, not very well, or very ill, and then if it be further said, do you feele any pain any where, to than he allwaies answereth, no; when he wants any thing he cannot well speake for it, because he forgets the name of it, and sometimes asks for one thing when he meanes another, so that his eye or his finger is oftentimes a better interpreter of his mind than his tounge; but his ordinary wants are so well known to us, that most of them are supplyed without asking or making signes for them, and some help he stands in need of in every thing to which any motion is required, having not been able, of a long time, to dresse or undresse himselfe, nor to feed, or ease nature either way, orderly, without help, and its a great mercy to him that he hath a friend that takes pleasure in being helpfull to him, and I blesse the Lord that gives me such a good measure of health and strength, and an opportunity and a heart to use it in so good and necessary a worke; for tho' my help be but poor and weake, yet that ancient servant of Christ could not well subsist without it, and I do believe, as you are pleased to say very well, that I do enjoy the more health for his sake. I have sometimes wondered much at this dispensation of the Lord towards him, and have some expectations of more than ordinary issue; the Lord help us to profit by all, and to waite with patience upon him, till we shall see what end he will make with us. Thus farr I write of myselfe, I shall now ask him what he would have me to say to his friends concerning him. The question being asked, he saith, I am better than I was. And being asked what I should say more to [Page] his cozen R. or any other friends, after a long pauze, he again saide, the Lord hath visitted me in much mercy, and hath answered his visitation upon me. (I give it you in his own words.) Being desirous to draw more from him, I proposed severall questions and the sume of his answers were, that he earnestly desires the continuance of the fervent prayers of all his friends for him, and desires to be remembered to his cozen Rich and longs to receive a letter from her, and desires her to exhort her son and daughters, his dear cozens, to fear God, and to be remembered to her aunt at Chelsey, praying that the Lord will requite all her great love, as also to be remembred to Mrs. Jaines and her good husband, to whom also he thinkes himselfe greatly obliged for their great love, and in particular for Mrs. Jaines her care of poor Nol. desiring her to continue the same; as also to be remembred to yourselfe, and wisheth Frank much comfort in her new condition, and saith he shall not cease to pray for you and all yours. This is written on the 6th of August, but I know not when I shall have opportunity to send to Boston, it may be therefore before I send away my letter I may have something more to add concerning him.

Thus far I proceeded yesterday, but night coming on and having something else to do, I could proceed no further, and so laid aside my paper, intending this morning to finish (if the Lord pleased) my answer to yours of the 29th March. But now my first worke must be to tell you that, thro' the great goodnesse of God, I did also last night, after supper, receive your welcome letter of the 8th of May (Franks birthday) wherein you let me know that you have also received mine of the 2d of October last, at such a season, which made it the more refreshing to you, which is a great satisfaction and comfort to me, for which I desire to blesse the Lord; but it would have been the more full if you had but said, with the inclosed to dear Mrs. Jaines, which I have lately transcribed, together with your owne, from the originalls, with a purpose to have sent them with this, but I shall send neither, for I have good hopes that [Page] both were received, for I cannot but think when you complained that the dore of your house was opened, if halfe of your goods had been taken away you would have made mention of it; for your own letter was both the house and inventorie of all the goods contained in it.

Dear Mother, it is also a great comfort to me to hear that the Lord was graciously pleased to appear on my dear systers behalfe in the needfull hour, and desire with you to blesse the Lord for that great mercy, and I heartily thanke you for giving me so quick a notice of it. Dear mother, it was likewise a great mercy that the Lord was pleased so far to satisfie your desire as to shew you the fruite of her wombe and to make you the joyfull grandmother of a son, and tho' it hath pleased the Lord so soon to transplant him from the militant to the triumphant church, yet it may be a great comfort to yourselfe and my dear syster, that from your wombs hath proceeded the increase to the misticall body of Jesus Christ, and reckon it a mercy that the Lord being purposed to take him from you in his infancy, was pleased (that it might be the more easy to you) to do it before it had much time to take deep root in your affections, for I do believe the longer yourselves and his other relations had enjoyed him the harder it would have been to us all to have parted with him: But what shall we say more? It may be such considerations as these are too selfish, it is enough to compose the hearts of the children of God under every providence, to say, it is the Lord that hath done it, our loving and tender hearted infinitely wise Father hath declared his royall pleasure, and it is our duty to submit to it, yea to rejoyce in it (for it is most meet he should dispose of us and ours as shall seem good in his sight) and to apply ourselves to learn the lessons he would teach us thereby, and among the rest that is none of the least which you mention, to get our hearts weaned from creature comforts and to live upon himselfe as our allsufficient soul satisfying portion; and let my dear brother and syster remember what the H. G. saith, Lam. 3.27. It is good for a man that he bear the yoke in his youth. Dear mother, [Page] I pray, in your next, speake a little more fully concerning his godlinesse, for you say nothing to that, except by the phraise of a very honest man, you mean a very godly man, as I hope you do; for you give the same epethite to that good man (whose word you tooke concerning him) of whom another friend saith that he is a very godly man, aged and wise, &c. I pray, remember my dear love to syster Judeth, and tell her from me she must now be a very good childe, and labour to know the God of her father and serve him with a perfect heart and with a willing mind, 1 Chr. 18.9. and leaving to grieve for her syster and nephew that are at rest with God, strive with all her might to be a comfort to her poor afflicted mother, who is contesting with the difficulties and temptations of an evil world. I humbly thanke you for your motherly love and care for me, in your being so desirous to supply my wants; and because you are pleased to lay your commands upon me, I shall make bould, when I need your help in that kind, to write to you for it. There is yet a little meale in the barrel and oyle in the cruise. The greatest thing I need is a heart to abide patiently in this condition untill it be expended. I cannot but account it a great mercy that in these hard times you should be able to be so helpfull to your poor children; but I beseech you let not your love to them make you to forget yourselfe, in parting with what is necessary for your own comfort in your old age. Dear mother, you say you find nature greatly decaying in you, and therefore desire prayers that grace may be strengthened, &c. It cannot be otherwise expected but that as age comes on nature will decay; but I beseech you preserve it what you can, and take heed of immoderate griefes, or whatsoever else may be prejudiciall to your health, which you are able ta avoyde, and when you have done all you can, if you still perceive the outward man perishing, yet faint not, for I do believe, through the faithfulnesse of God, your inward man shall be renewed day by day, 2 Cor. 4.16. I blesse the Lord, tho' I cannot deny but I feele, with you, the decayes of nature, [Page] yet I have and do enjoy a competent measure of health and strength, and beg your pardon if I have been too slow in acquainting you with and giving you the comfort of it. I thanke you for what you have written concerning those relations I desired to heare of; and the rather because you say you cannot write much, through the weaknesse of your eyes, and I feare it may hurt them to read these long letters, for I desire you first to reade and then seale and deliver the inclosed to my honored and dear friend D. G. with my best respects to him and his dear wife. My dear mother, I recommend to you the counsell and promise given to the Philipians, chap. 4. 4, 5, 6, 7. and let me intreat you to rejoyce in the Lord alway, and again I say rejoyce; and I beseech you remember that weake eyes are made weaker by too much weeping. Pray take heed you do not hurt yourselfe thereby.

But alasse I see my paper is allmost done and I must yet reserve a little rome for a postscript, therefore (hoping I have not forgotten any materiall thing I should write of) I am forced here to breake off abruptly, and with my most affectionate remembrances to all friends as if I named them, desiring the continuance of your and their fervent prayers, I recommend you and my dear brother and sisters to the tender watchfull care of him who hath borne us from the belly and carryed us from the wombe, and will be our God and guide unto death. I am, dear mother,

Your most affectionate and dutifull son, W. G.

Now, my dear mother, give me leave in a postscript to be a little merry with you, and yet serious too. There is one word in one of your letters that sounds so harshly, and looks so untowardly, that I cannot tell well how to read or looke upon it, and I know not how to write it, and yet I must, though I crosse it out againe. I suppose you do by this time sufficiently wonder what will follow; but the matter is this, after you had given me a loving account of a businesse wherein you have done your best, you were pleased to say, that if I should be [Page] angry you had many to beare with you, &c. Rash anger, I confesse, is a burthen that needs more shoulders than one to beare it; for Solomon saith, a stone is heavy and the sand weighty, but a fools wrath is heavier than them both. But oh, my dear mother, how could you feare such a thing from me? Yourselfe knoweth I never yet spake an angry word to you, nay I hope I may say (without taking the name of God in vain) the Lord knoweth I never conceived an angry thought towards you, nor do I now, nor I hope never shall, and in so saying I do not commend myselfe, for you never gave me the least cause, neither have you now, and I believe never will; therefore, dear mother, the whole praise belongs to yourselfe, or rather to the Lord, who, blessed be his name, hath so united our hearts together in love that it is a thing scarce possible to be angry one with another. But I shall now conclude with a request that you will not be angry with yourselfe for writing that word I have spoken so much against, for I suppose all your meaning was, if I should not alltogether approve of what was done, &c. and I am abundantly satisfied that the root from which that feare sprung was tender love, and that you speake your heart when you say you love and honour me as much as ever, which may well increase my longings after you, for the exceeding grace of God in you. Now thankes be unto God for his unspeakeable gift. 2 Cor. 9.14, 15.*

Copy of a Letter from Major Thomson to Governor Leverett.

Sir,

I Formerly wrote you concerning some dissatisfaction that there was in some great ministers of state as to [Page] your country, in that some did defraud the king of his customs in carrying tobacco, &c. to other parts, which by law ought to be brought to England. I know this is don by particular persons, and possibly unknowne to the government. Yet how to excuse it here I know not, though as I have opportunity have not bin wanting to plead the countrys excuse, and lay it where it ought to be laid; and withall to give you my advise, that it will be abundantly your interest to be diligent to prevent the like for the future, and if any doe slipp your hands to be the informer of it yourselves. There are two of your vessels I hear gon for Holland with tobacco.

Your affectionate servant, Rob. Thomson.

3d August 74.

Copy of a Letter from Governor Leverett to Mr. John Collins.

Sir,

YOURS of the 10th April is before me and thereby understand as by Capt. Peirce of the money that was in his hand is paid according to order, also of your engaging Mr. Rushworth in our busynes and for your disburse to him, and those papers you send us and all other your charges is expected that you place to account, and not to put you to the charge; your time and endeavours for us is more than is meet we should expect from you, and I hope we shall be able in tyme to goe beyond, but in the meane tyme please to accept of the acknowledgment of your true friends, which on their behalf as my owne I hereby freely give you. For your providentially being restrayned from communicating ours to Mr. B. I am well pleased with, and shall make use thereof according to your information. I heartily desire you to present my service to the reverend my honored friend though unknown to him D. J. O. whome I have cause to acknowledge, having had through the mercy of the Lord tastes of his goodnes in attending upon him in his ordenances, by his administration, and [Page] otherways by his prints. Your testimony of Sir Thomas Temple, a little before his exitt, allays the reports by others raised, I hope falsely. For the busines of the colledg with us wee have cause to be humbled, that through animosityes wee should cause discouragement to those at so great distance that wish us well, that they are hindred in their freedom in the forwarding of that worke, I must freely say it to you I see not the reason, but that a perverse spirit seems to be our judgment. The Lord humble us in the sence of it; yet I hope we are groweing over it. Thy Doctor's* opposers loose ground, and I hope the worke will yet be carryed an end. The not effecting the disappointment of the last commencement, and the Lord's helping the Doctor in that act to pass with general acceptance gives some hopes that he may gett over the check given him in his beginning, which may make him more cautious for time to come; who is, I doubt, nor so cautious in his comeing off from former engagement as he ought before he enters upon new; his not concerneing you in his relateing himselfe in church fellowship here, I cannot looke at as independently congregationall, I meane in a good sence, I have not had opportunity to speake to him, but intend it; he hath lately had an ague and since a flux, but in a hopeful way of recovery. Mr. Oakes† hath had a distemper hang upon him that hath much weakned him; the greatest occasion, I thinke, is some exercise in his mind, though he thinks it is the remayne of his sickness long agoe in England. I have been afraid least he may be of noe long continuance with us; but a graine of hopes that he may get over it. The Lord hath been graciously pleased to favor us in the seasons of the yeare for the fruits of the earth, blessed be his name. Our neighbours the Dutch have been very neighbourly since they had certaine intelligence of the peace. One of their captains have bin upon the French sorts, taken Penobscot, with loss of men on both sides; what they have done further east we understand not. Your brother Moody [Page] hath been lately here with us, a very sorrowful widdower by the death of his wife your sister, so the Lord hath been pleased to bereave your good father and mother of their daughter, who are helped to carry it like old disciples in the schole of Christ. I am at present in good health, but often exercised with paines of stone in the kidnyes. I have voided twoe in six months, and if there should be a proportionable growth for others, as betweene the twoe last, my time to continue, I must need accompt to be short, little sand being to run in my glass. I desire that the numbring of my dayes may be so as that I may have my heart applyed to wisdome, and that I may waite all the dayes of my appointed time until my change come, and I be found in him who is unchangeable. I desire to sympathize with you and Mrs. Collins in your bereavements. Myselfe and wife remember our due respects to you both, beg the continuance of your prayers, commend you to God, and remain,

Sir,

Your truly affectionate humble servant, J. L.

August 24. 74.

Copy of a Letter from Governor Leverett to Major Thompson.

Boston, this 24 August 1674.

Sir,

BY yours of the 27 April 74, you give me to understand that you have information from Mr. Peter Sergeant that the authority of the Massachusets prohibited him from selling of your powder in his hand, and from thence claim justice by the taking off the powder at the price he could have sould it; I shall not need but refer you to Mr. Sergeant, by whome these come, for the giveing you a more right understanding of what he wrote, [Page] for I assure you never any order past for the restraynning of him or any other to make sale of that or any other sort of goods, but the contrary, since upon the warre, an order past that the storekeeper should not deliver any but by order from some magistrates; nor will Mr. Sergeant say that ever he had any denyal upon any desire for the delivery of powder sould by him; there was one bound for Guyny, that had bought of him twenty barrels and clandestinely, contrary to law, shipped it, so that it was seizable by a law in force when you was in these parts; which powder, upon his petition, was set at liberty, and he allowed to ship off ten barrels, the other he privetly conveyed, so that he carryed all away. At the same tyme the order before mentioned was given to the storekeeper, there was an order issued for the several townes to have their stores fully supplyed according to law, which quickened the demand of powder within ourselves; and the other collonyes understanding the order applyed themselves for liberty to recruite their stores, which was redily granted them, so that the order past by authority was noe obstruction but a furtherance to those that had of that commodity, both for quicknes of sale and advance of price, and this I hope is sufficient to rectifie your thoughts in that matter.

Sir, For the busines of Mr. Gorges pattent, which was graunted, as by the date appeares, after the Massachusets, so that the jurisdiction lyeth within the government thereof is without question here; that there hath been several turnes therein is very true; but that there hath been any just cause of complaint of the government of the Massachusets, I am perswaded that if the whole matter weare prepared noe indifferent judges would blame them for what hath beene done by them; yet, could there be a way hit upon to stop clamours it would be a service to them. I am confident, and that upon good and rational grounds, had Mr. Gorges what he desires from the Massachusets he would not find the place turne to his profitt, but rather an addition to former losse; and should any purchase his pretentions, in expectation of profitt, they [Page] would miss in their expectation; yet, could the busines be tooke up with him, it might be a service to this government, in preventing clamours. In order thereto, and you please to treat with them concerned, that thereby you may understand what they claime and the grounds thereof, and what proposal they will make, and give notice thereof, you should receive answer thereto; or might his pretentions be bought off for five hundred pounds, and assurance given to take off all after claimes and claimers against the collony of the Massachusets or others upon the place, and you please to ingage in it for the collony, I doe hereby oblige that the money shall be ordered to be paid there, upon such assurance given. Concerning which I may not question but that you will doe it by such advice as may be had, that it may stand good in law, and for that, possibly, you may meet with an opportunity that for present money more may be effected than by taking tyme, if you please to disburse it to the sum forementioned, I doe pass my word that you shall be imbursed your money, with consideration for the same. I should not have made thus bould with you in this matter, but from your loveing encouragement given by yours to me, and the confidence I have of that loveing respect you have to the peace and welfare of this place, and the churches of our Lord Jesus therein; desiring that what I have wrote in this matter may be for your use and noe thing therein may be imparted to any that may seeke occasion against the government thereby.

By yours of the 4th June, which came first to hand (the other not coming to my hand until the 18th instant, Mr. Sergeant can give the reason) I perceive your mind is labouring for the publique good, your informations thereto I heartily thanke you for, and shall in any thing to my power promote, for the Indian affaire with the commissioners or the other gentlemen. We are upon a worke for makeing powder and have erected a mill in order thereunto at Neponset, about 6 miles from Boston; our difficulty will be for peter, which we must, in our beginning, have from without us, but hope, in time, may raise it amongst [Page] us. We have an aincient man that came out of Kent, one Walter Everden, that made powder in England, as he saith, is imployed in the worke; and for your having liberty to ship off from hence, in case you have store with us, you shall not need to doubt it, or if a stay be made for the countreys use, but that they will make pay for the same. You may assure yourself that we see it for the publique service to encourage trade, and I hope we shall not be left to strike in with others, that labour what in them lyes to put clogs and discouragement upon the trade that the Lord hath led us into, beyond expectation in our beginnings; and you will be enformed by Mr. Sergeant that the discouragement that was laide before you was upon groundless misprision and not from any thing done by authority to occasion it; so commending you to God, I rest,

Sir,

your affectionate servent. J. L.

Copy of a Letter from Governor Leverett to Major Thomson.

Sir,

YOURS of 3d August 74, came to my hand 26th 7ber. By Mr. Sargeant I wrote in answer to yours respecting powder and Mr. Gorges's busines. For the dissatisfaction you mention, in reference to vessels belonging to this place that goe freighted with tobacco, I doe not understand of any but one that went from our parts this yeare, mostly as it is sayd with logwood, and by charter directly bound for England, and the owners tooke bond for their ships value that noe damage should acrue to them by the freighters neglect of paying the king his dutyes. His name is Mr. Dervall. a Dutchman that came from New York, he marryed Mr. Delevall's daughter. If any of our vessels went, they went from Virginia, touch in England and put off part of their tobacco there, as I am [Page] informed. I suppose the provision made of paying the king's duty in Virginia will take off occasion of complaint for time to come; for myself I am not concerned therein, the general court haveing left the care of that affair with the secretary, onely shall advertise him to more circumspection in his place. I acknowledge that we are much obliged to you for your love in so friendly advising. The continuance of which favours, as it will be a service to God, so desired by him who commending you to the Lord and giving you his best respects, remains, Sir,

Your humble Servant, J. L.

Boston, 29. 7. 74.

Copy of a Letter from Major Thomson to Governor Leverett.

London this 16 Feb. 1674.

Sir,

BY yours of the 24th of August I perseave you judge my complaint about the powder was groundless: The reason you give me. For my applying to you, it was upon my cozin Sergeants informing me, as I then wrote, which he still affirmes, and though he's loath to offend the government in saying any thing now that he thinkes may not be acceptable, I thinke your owne excuse, if weyed, saith enough for me; for when 20 barrels ware sould there was a great trouble to git a licence for 10, and the other ten privately carried away, which certainly hindred others from endeavouring to buy any to send abroad, and that voyage, I know, might well have carried to advantage ten times that quantity: And I assure you, let the law be as aintient as it will, I will never (if I can help it) have my estate under such a restraint, and had I known it would never have had a barrel in your collony. Yet the oldness of the law takes not off the equity against the new law to compell all into one store-house, under your storekeeper, [Page] and that he should deliver none but by the magestrates order; which is prejudiciall to its sayle; for trade is a seacret thinge, and when made publicke in the perticulers proves injurious to the concerned, but where such supervisers will make it otherwise, and soe, upon the whole, I am not satisfied, but my first demand is grounded upon reason, and soe expect you should doe me justice. The case of peter I instanced in houlds good, for it was restrained by a law made before ours was imported, and yet his Majestie tooke ours off at the rate it would have yeilded, which is what you ought to doe for my powder. I am alsoe much dissatisfied with my cozin Sergeants great charge of store-house rome, 32s. per ton a year. It was a prudent case to have powder at a distance from the towne, as here in the tower, but let the quantity be never soe great that we lodge there, nothing is paid for it; soe if you had laid it upon the countrys charge, or at least a reasonable ware-house rome, it might have bin excused, but because a private person, for a barrel or two, is willing, therefore to injoine for quantities, I thinke is not equall (though a factor may consent) which alsoe I leave with you for justice.

For the business of Mr. Gorge I should willingly have disburst the money you mention, but they are now in the clouds and expect as much a yeare, secured here, for their interest; the coppy of his, with others their petition, I gave Mr. Collins to send you, and is heare inclosed. The councell of trade have don nothing, soe its remanded to his Majesties prevy councell. As any thing passeth (soe far as I can learne) shall advise you, but am of opinion that some presents might be plaste to the countrys advantage, and yet of noe great vallue.

As to what you write of the 26th of September, I am glad I could say soe much to some of his Majesty's officers, yet I must informe you that the paying the custome in Virgina doth not priveledg any vessel to carry tobacco to any place but to the English plantations, and the governor of the plantation where such tobacco is brought, if it [Page] be againe exported, is bound to take bond to bring it for England. I should be sorry that his Majestie should have any ground of offence in this kind, for a little profitt to some particular persons, to be an occasion of depriveing the whole of their chiefest injoyments. Its objected here by some that you have noe such law there, and soe will not judg by our lawes in exporting or importing of goods to or from forraine kingdomes. If it be soe, as a true friend to you, I would advise it be one of the first things you doe to prevent greater evills, which is all the trouble that at present is given you by your affectionate and faithfull servant.

Rob. Thomson.

Copy of a Letter from Mr. John Collins to Governor Leverett.

Sir,

YOURS by Mr. Sprague I received and desire to bless God for the tydings it brings of your health and your familye, and to bee suitably affected with all other providential alterations the holy and wise God hath brought amongst you, wherein I humbly beg that poor country may hear the voice of the rod and who hath appointed it. I shall take things in order as I find them in your letter, that I may not omitt to answer all that is needfull. For Dr. Hoares concerne as to the colledge, I am very sorry that matters are soe ill that nothing can heal that breach but his laying downe, and more that hee should put the overseers to the utmost wayting for it, which I think very little prudence in him; by comparing report with report, letter with letter, I am almost confounded in makeing a judgment of this matter; some soe severe as to lay all the blame on him and that not only of unmeetness for the place but several moral miscarriages; others again wholly in charging one Mr. Graves and others of the fellows, and adding the emulation of several [Page] expecting the preferment; yourselfe, with others most judicious, parting it betwixt both. I chuse the medium to judge by; only methinks a passage in your letter, more direct against him than any thing formerly, doth a little startle mee, at least soe far as to beg, in your next, a true account of it, namely his want of truth in his words. Pray Sir, if you judge him justly culpable in that matter, let me privately know it, for hee is a member with us, if he returne. The enclosed coppy of the letter is, as far as I remember, just as wee wrote it. My only concerne in this busines is to sympathize with the broken state of that once flourishing house, to beg of God a revival of the worke and all else in which his glory is concerned in the midst of the yeares, and to mourne over that disunited spirit amongst Gods people which appeares in this matter and all others; and what tokens of Gods displeasure are but too evident with you; the Lord humble his people, pardon and heal the land. For the busines of Mr. Dyers petition I know nothing of that in particular but, as I hope God hath sent in Mr. Foster, you will, by my letters, understand the same thing, in effect, which now I am able to give you an account of, as far as yet the affair hath gone. The enclosed petition will shew you what they are about to put the King upon, a purchase of the propriety of the province of Main and Hampshire, and by whome transacted; hee that the King should buy it for is the Duke of Monmouth, though nothing as yet is determined; many complaints are made against you; they have thoughts of sending a commissioner thither, and it was determined to do it with some force, but their more weighty affaires and want of money will hardly admit this, I suppose, this summer; but a letter from his Majesty you will have, to order some account of these things to bee given him, and I fear that which is aymed at is to call your patent to a strict account, upon what termes you hold it; you would doe well to be in a preparation for it, especially to make good your title to that part of your government. Here is none able to speake for you, wee want instructions, papers that [Page] wee had formerly the late dreadful fire either consumed or removes have quite lost. My Lord Privy Seal, who was formerly wrote to and engaged on your behalfe, lately sent for mee, with whom I had discourse about an hour, who was as free as hee thought good with mee in this affair, and beyond his owne will I could not nor durst urge. I perceve hee takes it ill (my Lord Anglesea, who is Lord Privy Seal) that he hath not been addressed to,* and the matter lies before him. I begged him you might not bee prejudged beforehand, which hee promised mee. Hee told mee the King would write to you. I think, if with the first you wrote an obliging letter to him and transmit your pleas to him as well as others that may wayt upon him, you will doe well. Your moneys in my hands will not, as things goe with us, stop any gap, by way of present; if the 100l. you drew off by Mr. Rawson had bin left with your order in my hands to have bestowed it, with good advice, where it might have been placed, it would have entangled for a long time, and perhaps everted the busenes. Mr. Rushworth hath bin in salary ever since your order, at 3 guyneys a quarter, nor is that all paid, soe that with contingent charges, which are not much, there will bee near 20l. gone, when hee is paid, yet is not all hee hath done worth a rush; if my owne industry, with the help of Major Thomson, had not sifted this busines, about which I have taken many a step, hee had not had the least crevise of light into this busines; all he hath and what now hee prosecutes is upon my information; hee is old and full of busines, and hath but small interest at court: I intend, upon my owne head, to pay him to lady-day and then withold, and I think, if you would order, by the first, all the money remayneing into Major Thomsons hands, hee would make a better use of it for your advantage, his employment in the East-India company gives him frequent access to court, where hee hath opportunity to give a feeling to such clerkes of the council as may serve you with true intelligence, which I cannot doe in my circumstances, having not bin at Whitehall but twice in many [Page] years; and persecution is pretty hot, and if it goes on I may expect a prison for my living in the towne, and therefore I judge, on all accounts, hee is the fittest person, who if you oblidge in it may doe you most service. I have not nor shall acquaint him with what I write to you, because I would leave you free to your own judgment, only I pray let mee have a dischardge of what I have disbursed that I may receive my quietus est out of the exchequer, the full and just summe of which you shall have by the next ships. As to what you write of the removal of more of Gods servants in the ministry, and especially Mr. Oxenbridge, lately, I doe bemoan it, the Lord of the harvest send forth more labourers into it. As to any private hints you give about myselfe what they will amount to I cannot judge till I see how providence workes, and then, I fear, my resolution will not be equal to what may be desired, how willing soever I may bee, which if I were free I should deeply ponder; I doubt the church here will as soon all remove to you as myselfe; but here is too much of an affair that I know not whether I shall bee any further concerned in than to tender my humble thankes to you for that undeserved love and respect you have shewed in your desires to have me so near to you. As for our affaires here, I have nothing to write, but I shall transmit in the publique prints, save only that the King, by the prevalency of the bishops over him, hath within this month or 6 weeks taken off the protection of his licences given us in March 72 and, together with a hot prosecution of the Papists, left us alsoe a very troublesome persecution, wherein many are spoyled of their goods, several imprisoned, which last cost the life of a worthy minister, Mr. Thompson of Bristol, pastor of the church there; several returned upon 20s. a month into the exchequer, to their utter undoing; this city yet scapes best, you cannot imagine how averse the spirit of the magestrates is to meddle with us; what importunity and opportunity may at last produce wee are fearful. The parliament meets April 13. how they will back these things or check them wee desire [Page] to wayt with prayer and faith; all things here threaten a storme a coming upon us. All we desire, if God keep us faithfull to himselfe, hee will deliver us from sin, the greatest evil, and we shall hope the wrath of man shall praise him and the remaynder he will restrayne. Things in the parts beyond sea look still as proceeding to further war and confusion; Hollands condition yet distracted, the protestants every where sufferers, and yet the popish swords drawne one against another. Methinks the coming of our Lord should bee near, in the faith of which wee desire to wayt. The parliament will one way or other give a great change to things and make mee have more news to send (which I shall communicate as opportunity serves) though I expect none good.

Sir, my father in his, by this conveyance, hath acquainted me how bountiful a patron you have bin to my brother Samuel, which I durst not omit my owning of to you with the returne of my humble thankes, begging of the Lord that hee would require it 7 fold into the bosom of yourselfe and yours, and shall take myselfe oblidged to express my reall thankfulnes in all ways of service and affection, as far as I am capable. Your relations are all well and soe is my family, through Gods goodness. The Lord, even himselfe, bee your councellor, your strength, your rock, your strong habitation, to whom you may continually resort, and anoint you with his spirit, for the shields of the earth belong unto him, and cause your bow to abide in strength, that you may remain unmoved against all opposition and glorifie God in your place and finish your course with joy. My wife and selfe present our humble service to you and your lady, and desire to make mention of you always in our prayers, begging the same for

Sir,

Your most affectionate oblidged servant, J. C.

March 19, 1674-5.

[Page]

Copy of a Letter from Sir Edmund Andross to the Governor and Council of the Massachusets.

Gentlemen,

HAVING allways endeavoured not to bee wanting in all neighbourly and friendly manner to your colony, this is on occasion of a printed paper set forth in your names the 7th December last past of your Indyan warre, wherein, besides, is declared that Philip and his whole crew, in his retreat towards Conecticut river, recruiting himselfe with ammunition from Albany, hath prosecuted his first designe to ruine and destroy the English, &c. The which being a severer imputation then could have been brought from ennemyes, without complaint or notice, much lesse from his Majesties subjects, without any knowne cause and some in your parts convicted and fined, but no mention thereof. And having, unasked, acted as is knowne, and published through this government such severe orders concerning Indyans, as appears on record, and particularly at Albany for sale of ammunition, to the forfeiting of estate and life, I doe therefore hereby desire you'l let me know by the bearer, what persons at Albany are guilty, that they may be proceeded against accordingly, or that exemplary punishment bee inflicted on the notorious impostors, to the vindication of the magistrates and all other his Majesties good subjects under his royall highnesses government in these parts, who allways have endeavoured and duely observe all his Majesties lawes. Which expecting, I remaine,

Gentlemen,

Your neighbour and friend, Andross.

New-Yorke, Jan. 24. 1675,

[Page]

Copy of a Paper endorsed Mr. E. R's. Narrative Sept. 20th and Octo. 12th 1676.
To the right honorable the Lords of his Majesties most honorable Privy Council appointed a committee for trade and plantations.
An answer to severall heads of enquiry concerning the present state of New-England.

AND whereas amongst the severall colonies and plantations settled there that of the Massachusets bay, commonly called the corporation of Boston, is the most flourishing and powerfull, and at the present gives lawes to a great part of this country, by a pretended charter from his late Majestie, it is first in relation to this colony most humbly answered. To the first enquiry.

Where the legislative and executive powers of the government of New England are seated.

The legislative power is seated in a generall court, from which there is no appeal, consisting at present of a governor, deputy governor and 10 magistrates, with the deputies of the severall townes in that jurisdiction, all which are yearely elected.

This court is the supreme judicature of the colony, and only hath power to make lawes, raise money, and lay taxes upon the whole colony, dispose lands, give and confirme properties, impeach, sentence and pardon, and receave appeals from all inferior courts, and cannot be adjourned or dissolved without the consent of the major part.

The governor, deputy governor and magistrates are chosen by the majority of the votes of the freemen of the colony, who are to attend at Boston, either in person or by proxy, without any summons, the last Wednesday in Easter terme, and upon that day to consummate the election, which is done by writing the names in paper, but no [Page] person that hath been a magistrate the year before is to be left out* at the new election, and is to have the precedency in nomination before all others.

The deputies for the generall court are chosen by the freemen of every towne, who have all the power of the freemen transferred to them. No town can send more than two deputies, and where a town hath but 20 freemen, that town can send but one deputy, and when not 10 freemen the town sends none; no person being an attorney is to be chosen a deputy.

No person is admitted to be a freeman of the colony, or have vote in any election but church members who are in full communion and approved by the generall court.

The governor and magistrates sit apart and act all businesse by themselves, by drawing up bills and orders, which having agreed upon, they send to the deputies to be considered, and accordingly to give their consent or dissent thereunto.

The deputies likewise sit by themselves and consult about such matters as they shall find meet for the common good, which being agreed on they present to the magistrates to be considered, who may give their consent or dissent.

No law is made without the consent of the major part of the magistrates and the greater number of the deputies. The governor hath a casting vote in all courts and assembles, can call a generall court, or any other court or council at his pleasure.

The executive power is in the governor and council, whereof seven men make a quorum, the governor or deputy governor to be one. But when businesse is urgent then the acts of so many as do assemble are accounted valid and sufficient, and can impresse soldiers, seamen, ships, all manner of ammunition and provision, and all other necessaries, and give warrant to the treasurer to make payment for the same.

The council sits twice a weeke constantly, and is summoned at the pleasure of the governor, and oftner if need be.

There be two courts of assistants yearly kept at Boston [Page] by the governor, deputy governor and the rest of the magistrates, upon the first Tuesday in March and September, to hear and determine all actions of appeal from inferiour courts, and all capitall and criminall causes extending to life, member or banishment.

There are also county courts held in severall townes of the colony upon set dayes by such magistrates as the generall court shall appoint, for to heare and determine all causes civill and criminall, not extending to life, member or banishment. To make and constitute needfull officers, and to summon juries of inquest, tyme of holding said courts alwaies on Tuesdays.

The governor and deputy governor jointly agreeing, or any 3 magistrates consenting, have power to reprieve a condemned person till the next generall court.

Every magistrate is a justice of the peace, and can determine any cause under 40s. can commit to prison and punish offenders for breach of lawes and impose fines according to discretion.

The secretary of the councill signes all warrants for the execution of persons, sitting the generall court or court of assistants.

The governor and magistrates at all courts, meetings and assemblies, have a publick table kept and their necessary expences born at the charge of the country.

And for keeping all persons in perfect obedience to their authority, it is enacted, that whosoever shall revile the person of any magistrate or minister, or shall defame any court of justice or the sentence or proceedings of the same, or the judges of any such court in respect of any act or sentence therein passed, shall be punished by whipping, fine, imprisonment, disfranchisement or banishment, as the quality or measure of the offence shall deserve.

And whosoever shall conspire and attempt any invasion, insurrection, or publick rebellion against the commonwealth, or shall endeavour to surprize any town or fort, or shall treacherously and perfidiously attempt the alteration and subversion of the frame of pollicy or government fundamentall he shall be put to death.

[Page]And as a marke of soveraignty they coin mony stamped with inscription Mattachusets and a tree in the center, on the one side, and New England, with the year 1652 and the value of the piece, on the reverse. Their money is of the standard of England for finenesse, the shillings weigh three pennyweight troy, in value of English money nine-pence farthing, and the smaller coins proportionable. These are the current monies of the colony and not to be transported thence, except twenty shillings for necessary expences, on penalty of confiscation of the whole visible estate of the transporters.

All the money is stamped with these figures, 1652, that year being the aera of the commonwealth, wherein they erected themselves into a free state, enlarged their dominions, subjected the adjacent colonies under their obedience, and summoned deputies to sit in the generall court, which year is still commemorated on their coin.*

All commissions are made in the name of the governor, with the consent of the councill, but all passes for ships and certificates are in the name of the governor only, in these formes.

Commission.

John Leverett, Esq Governor of the Massachusets jurisdiction in N. E. with consent of the councill.

To A. B. Captain.

WHEREAS you are chosen and appointed to be captain to a foot company under the command of C. D. generall and commander of the forces now to be sent forth in the expedition against the treacherous barbarous enemies: These are therefore to will and require you to take care and charge of the said company as their captain and diligently to attend the same charge of exercising the inferior officers and soldiers, and with your best skill and indeavour to pursue, kill and destroy the said enemy, commanding your company to obey you as their captain for the service of the countrey; and you to observe and [Page] obey all such orders and directions as from time to time you shall receave from your superiour officers, the general, the councill, or generall court of the Massachusets jurisdiction in New England. At Boston, 13th June 1676.

Sealed with the seal of the colony.

Passe.

To all to whom these presents shall come, Greeting.

I John Leverett, Esq governor of his Majesty's colony of the Massachusets in New-England, doe testify and make known that J. W. master or commander of the Sarah frigat hath appeared before me and delared by solemn oath that the said ship or vessel of which he is at present master or commander, containing about one hundred tons, doth belong to the inhabitants of the city of London, within the dominions of his most serene and mighty prince the King of England, Scotland, France and Ireland, defender of the faith. So help him God. And in regard it will be most acceptable unto me that the said master or commander be assisted in his just and lawfull affairs, I doe request you and every of you, wheresoever the said master or commander shall arrive with his ship, and the goods laden on board and carryed in her, that you would be pleased to receave him courteously, use him kindly, and admit him upon paying the lawfull and usuall customes and other duties, to enter into, remain in, and passe from your port, river and dominions, and there to enjoy all kind of right of navigation, traffick and commerce, in all places where he shall thinke fit, which I shall most willingly and readily acknowledge upon all occasions. In testimony and confirmation whereof I have with my hand signed these presents, and caused them to be sealed with the public seal of the colony above-written. Dated in Boston, April 29, 1676, and 28th year of his Majesties reign.

Second Enquiry. What lawes and ordinances are now in force there derogatory or contrary to those of England, and what oath is prescribed by the government?

The lawes and ordinances made in that colony are no longer observed than as they stand with their convenience. [Page] The magistrates not so strictly minding the letter of the law when their publick interest is concerned, in all cases more regarding the quality and affection of the persons to their government than the nature of their offence. They see no evill in a church member, and therefore it is very difficult to get any sentence or verdict against him, tho' in the smallest matters.

No law is in force or esteeme there but such as are made by the generall court, and therefore it is accounted a breach of their privileges and a betraying of the liberties of their commonwealth to urge the observation of the lawes of England or his Majesties commands.

The lawes most derogatory and contradictory to those of England.

All persons of the age of 21 years, being excommunicate or condemned, have liberty to make wills and dispose of lands and estates.

In capital cases, dismembering or banishment; where no law is made by the generall court, or in case of defect of a law in any particular case, the offender to be tryed by the word of God and be judged by the generall court.

Ministers are ordained by the people, and no injunction to be put upon any church officer or member, in point of doctrine, worship or discipline, whether for substance or circumstance, besides the institution of the Lord.

Whoever shall observe christmasse day, or the like festivity, by forbearing to labour, feasting or other way shall pay 5s. and whosoever shall not resort to their meeting upon the Lord's day and such days of fasting and Thanksgiving as shall be appointed by authority, shall pay 5s. no days commanded by the lawes of England to be observed or regarded.

No person shall be impressed or compelled to serve in any wars but such as shall be enterprized by that commonwealth, by the consent of a generall court, or by authority derived from them.

No person whatsoever shall joine any persons in marriage but a magistrate, it being an honorable ordinance and therefore should be accordingly sollemnized.

[Page]All strangers professing the true christian religion that shall fly to them for succour from the tyranny or oppression of their persecutors, or for any necessary or compulsory cause, they shall be entertained and protected amongst them according to that power and prudence God shall give them. By which law Whalley and Goffe and other traytors were kindly receaved and entertained by Mr. Gookins and other magistrates.

Whosoever shall be in the possession of any land 5 years, altho' the grant of said land was to another, and the possessor have nothing to shew for the alienation thereof but his possession, the possessor shall have the land confirmed to him.

No oath shall be urged or required to be taken by any person but such oath as the generall court hath considered allowed and required.

The oaths of allegiance and supremacy are neither taken by the magistrates nor required to be taken by the inhabitants, only an oath of fidelity to the government is imposed upon all persons as well strangers as inhabitants, upon the penalty of 5l. for every week they shall refuse the said oath.*

The oath of a stranger.

You A. B. doe acknowledge yourselfe subject to the lawes of this jurisdiction during your residence under this government, and doe swear by the great name of the ever-living God and engage yourselfe to be true and faithfull to the same, and not to plot contrive or conceal any thing that is to the hurt or detriment thereof. So help you God.

The oath of an inhabitant.

Whereas I A. B. am an inhabitant within this jurisdiction, considering how I stand obliged to the king's majestie his heirs and successors by our charter, and the government established thereby, doe swear accordingly by the great and dreadful name of the ever living God, that I will bear faith and true allegiance to our sovereign lord the king his heirs and successors, and that I will be true and faithfull to the government and accordingly yield [Page] assistance thereunto with my person and estate as in equity I am bound; and will also truly endeavour and preserve and maintain all the liberties and privileges thereof, submitting myselfe unto the wholesome lawes made and established by the same; and further, that I will not plot or practice any evil against it, or consent to any that shall so doe, but will truely discover and reveal the same to lawful authority now here established for the speedy preventing thereof. So help me God in our Lord Jesus Christ.

These and all other oaths are taken by holding up the hand and not by laying the hand upon the booke.

Third Enquiry. What number of church members, freemen, inhabitants, planters, servants or slaves there are, of what profession and estates, and how many of them men able to bear armes?

The magistrates and all other officers in the civil government or in any place of profit or advantage are church members, and are consequently freemen, but the number of the church members and freemen compared with the rest of the inhabitants (who are termed the dissenting party) is very inconsiderable, not being reckoned above one sixth part; the most wealthy persons of all professions being men of good principles and well affected to his Majestie. It is nothing but interest and designe that draws most of the people into their church membership and to think well of that religion and government they thrive under.

The inhabitants within this government, including Hampshire and Main, are computed to be upwards of one hundred and fifty thousand souls.

The chief professions are merchants who are principally seated at Boston, Salem, Charlestown, and Portsmouth, and wealthy shop keepers or retailers, who dwell in most towns of the colony, and get good estates. There are rich men of all callings and professions, and all mechanical arts and occupations thrive well.

The farmers are numerous and wealthy, live in good houses, are given to hospitality, and make good advantage by their corn, cattle, poultry, butter and cheese.

[Page]There are about 30 merchants that are esteemed worth from ten to twenty thousand pounds; most have considerable estates and very great trades, and are an industrious and thriving people. There are no servants but upon hired wages, except some few who serve four yeares for the charge of being transported thither by their masters, and not above 200 slaves in the colony, and those are brought from Guinea and Madagascar.

There are men able to bear armes between 30 and 40,000 and in the town of Boston is computed about 4000.†

Fourth Enquiry. What number of horse and foot, and whether they be trained bands or standing forces, and what old and experienced officers they have amongst them?

They have no standing army, but their trained bands are twelve troops of horse and six thousand foot; each troop consisting of 60 horse besides officers, are all well mounted and compleatly armed with back, breast, headpiece, buffe coat, sword, carbine and pistols, each troop distinguished by their coats. The foot also are very well furnished with swords, muskets, and bandeliers. There are no pikemen, they being of no use in the warrs with the Indians. The late warrs have hardned their infantry, made them good firemen, and taught them the ready use of their armes. The pay in time of war to a captain of horse is 6l. per month, to a captain of foot 4l. to a common soldier one shilling a day besides victuals, and in time of peace the officers have an allowance for their expences upon the days of muster. The present governor Mr. Leverett is the only old soldier in the colony, he served in the late rebellion, under the usurper Oliver Cromwell, as a captain of horse. The governor of the colony is always generall, and out of the rest of the magistrates is chosen the major-generall; they are places of good profit* and no danger, they may stay at home and share the [Page] spoyle, while younger men command the army in the field against the enemy.

Fifth Enquiry. What castles and forts are in New-England, and how scituated, and what store of provisions are they furnished withall?

Three miles from Boston, upon a small island, there is a castle of stone lately built and in good repair, with four bastions and mounted with 38 guns, 16 whole culverin, commodiously seated upon a rising ground 60 paces from the water side, under which at high water marke is a small stone battery of 6 guns, these command all the vessels sailing up and down the channel of Boston. There is six fathom water by the castle, and no good going up any other way. The present commander is one Capt. Clap, an old man, his salary 50l. per ann. There belong to it six gunners, each 10l. per ann. No soldiers are there, and seldom above the captain and one gunner, who upon sight of any vessel coming up set up his Majesties flag, the only demonstration of his Majesties authority in those parts, to which all vessels are to strike, and none are to saile out from Boston but they must send their passe to the captain, which is signed by the governor, for which is paid 10d. and if it be a bill of health, 14d. There is a small brick fort lately made at the south end of Boston, with two tyre of guns, 6 in each, as it is made it is of little use, no officers or soldiers belong to it. One platforme on the north side of the towne, commanding the river to Charlestown, made of loose stones and turfe, mounted with 5 demy culverin, two small guns, no officers.

There is a small fort at Marblehead, upon a neck of land going up to the bay of Boston, but of little use.

And upon the western poynt of Great Island, at the mouth of the river of Pascataway, is a small fort in good repair, very commodiously seated and mounted with 5 guns, formerly built by John Mason, Esq from this river come the masts and plankes for England. Every vessel above 20 tuns, not belonging to the inhabitants of that colony, payes, per tun, ½ pound of powder, or 9 pence in money, which amounts to a considerable stock.

[Page]There are in the publick stores commonly 1000 barrels of powder, with other ammunition and armes proportionable, besides 6000 small armes lately come from England.

At Dorchester, 7 miles from Boston, is a powder mill in good repair, well wrought. There is in the country great quantities of saltpeter, especially upon islands where foule frequent, and in swamps where pigeons roost. The powder is as good and strong as the best English powder; the master of the worke is one Eversden, formerly of Battles in Sussex.

Great guns have formerly been cast in the country, but none at present, the undertakers quarrelling among themselves, and so the workes fell.

There is great plenty of iron oare, and as good iron made as any in Spain. There are six forges for making of iron in that colony.

The town of Boston, the metropolis of the colony and the residence of the governor and councill is seated upon a peninsula, which with a small charge might be made very strong, being incompassed by the sea, except a small neck of land of 100 rods at low water, but not 20 at high. The town contains about 2000 houses, most built with tymber and covered with shingles of cedar, as are most of the houses in the country, some few are brick buildings and covered with tyles.

Sixth Enquiry. What are the reputed boundaries and contents of land?

The ancient bounds of the Massachusets colony was not above 20 miles upon the sea coast,* but the present limits are as large as that government please to make them, having some years since taken in the two intire provinces of Hampshire and Mayne, by them, now called after other names and divided into 4 counties, Norfolk, Suffolk, Middlesex and Yorkshire, besides several considerable townes in the other colonies of New Plymouth and Connecticot; for the Massachusets, having the preheminence in trade, [Page] strength and riches, take the liberty to clayme as farre as theire convenience and interest directs, never wanting a pretext of right to any place that is commodious for them, declaring they doe not know the boundaries of their commonwealth.

And tho' his Majesties commissioners, in the year 1665, did settle the limits of severall colonies, especially the provinces of Hampshire and Main, and declared to the inhabitants that, by his Majesties commission and authority, they were taken off from the government of the Massachusets, to the generall satisfaction and rejoycing of the people, and did constitute justices of the peace and other officers (with the approbation of the proprietors) to act and govern according to the lawes of England, and by such lawes of their owne as were not repugnant thereunto, untill his Majestie should take further order, whereupon his Majestie, by his declaration to the corporation of Boston* of the 10th of Aprill 1666, did approve of the actings and proceeding of his said commissioners, and did command that noe alteration should be made, either in the boundaries or government of those colonies, and that all determinations made by said commissioners should be observed and continue untill his Majestie should make his own finall determination, yet neverthelesse, noe sooner were his Majesties commissioners returned for England, but Mr. Leveret, the present governor, Mr. Ting and Capt. Pike, and some others entred these provinces in an hostile manner, with horse and foot, and subverted the government there settled by the commissioners, imprisoned severall persons, and compelled the inhabitants to submit to their usurpations. And thus taking all opportunities and advantages to improve their dominions and authority, the jurisdiction of the Massachusets is swelled into a very large territory.

Seventh Enquiry. What correspondence doe they keep with their neighbours the French, and the government of New Yorke?

The French, upon the last treaty of peace concluded between the two crowns of England and France, had Nova [Page] Scotia, now called Acadie, delivered up to them, to the great discontent and murmuring of the government of Boston, that his Majestie, without their knowledge or consent, should part with a place so profitable to them, from whence they drew great quantities of beaver and other peltry, besides the fishing for cod. Neverthelesse, the people of Boston have continued a private trade with the French and Indians inhabiting those parts, for beaver-skins and other commodities, and have openly kept on their fishing upon the said coast, tho' often* by the French Kings lieftenant in Acadie last year.

Monsieur La Bourn, governor for the French King there, upon pretence, of some affronts and injuries offered him by the government of Boston, did strictly inhibit the inhabitants any trade with the English, and moreover layd an imposition of 400 codfish upon every vessel that should fish upon the coasts, and such as refused had their fish and provisions seized on and taken away.

The French have held a civill correspondence with the inhabitants of Hampshire and Main and Dukes province, tho' the government of Boston, on all occasions, is imposing upon the French, and encouraging an interloping trade, which causes jealousies and feares in the inhabitants bordering upon Acadie, that the French will, some tyme or other, suddainly fall upon them, to the breach of the nationall peace. The government of the Massachusets hath a perfect hatred for the French, because of their too near neighbourhood, and losse of their trade, and looke upon them with an evill eye, beleeving they have had a hand in the late warre with the Indians.

As for New Yorke, there were severall things in matter of trade which occasioned a difference between the two governments, which at length role so high that it came to a stop of trade, the governor of New Yorke not permitting any European goods to be imported into that colony from Boston, that had not certificate or other sufficient proof to have paid custom in England, which hath ever since occasioned a misunderstanding between them.

[Page]In the late Indian warre, the government of Boston did greatly complain of fort Albany, that from thence the Indians were supplied with armes and ammunition, and were incouraged to begin and prosecute the warre, but this great outcry is judged by the wiser and sober sort of people to be without any just cause, but rather a report raised out of malice and envy; for the government of the Massachusets love no government that is not like their own, and therefore they were more kind and friendly to the Dutch (even in tyme of warre) when they were possessed of New Yorke, than they are to their countrymen the English. However, the governor of New Yorke hath proved very serviceable to the Massachusets in this warre, and had the magistrates of Boston either conferred with or hearkened to the advice of Colonel Andross, the Indian warre had either been diverted or proved lesse destructive; for he offered and would have engaged the Mowhawkes and Maquot Indians to have falled upon the Sachem Philip and his confederates, but his friendly advice and offers were slighted.* Neverthelesse, Colonel Andross, out of his duty to his Majestie, kept the aforesaid Indians from taking any part with the Sachim Philip.

Eighth Enquiry. What hath been the originall cause of the present warre with the natives. What are the advantages or disadvantages arising thereby and will probably be the End?

Various are the reports and conjectures of the causes of the present Indian warre. Some impute it to an imprudent zeal in the magistrates of Boston to christianize those heathen before they were civilized and injoyning them the strict observation of their lawes, which, to a people so rude and licentious, hath proved even intollerable, and that the more, for that while the magistrates, for their profit, put the lawes severely in execution against the Indians, the people, on the other side, for lucre and gain, intice and provoke the Indians to the breach thereof, especially to drunkennesse, to which those people are so generally addicted that they will strip themselves to their skin to have [Page] their fill of rume and brandy, the Massachusets having made a law that every Indian drunke should pay 10s. or be whipped, according to the discretion of the magistrate. Many of these poor people willingly offered their backe to the lash to save their money; whereupon, the magistrates finding much trouble and no profit to arise to the government by whipping, did change that punishment into 10 dayes worke for such as could not or would not pay the fine of 10s. which did highly incense the Indians.

Some beleeve there have been vagrant and jesuiticall priests, who have made it their businesse, for some yeares past, to goe from Sachim to Sachim, to exasperate the Indians against the English and to bring them into a confederacy, and that they were promised supplies from France and other parts to extirpate the English nation out of the continent of America. Others impute the cause to some injuries offered to the Sachim Philip; for he being possessed of a tract of land called Mount Hope, a very fertile, pleasant and rich soyle, some English had a mind to dispossesse him thereof, who never wanting one pretence or other to attain their end, complained of injuries done by Philip and his Indians to their stock and cattle, whereupon Philip was often summoned before the magistrate, sometimes imprisoned, and never released but upon parting with a considerable part of his land.

But the government of the Massachusets (to give it in their own words) do declare these are the great evills for which God hath given the heathen commission to rise against them: The wofull breach of the 5th commandment, in contempt of their authority, which is a sin highly provoking to the Lord: For men wearing long hayre and perewigs made of womens hayre; for women wearing borders of hayre and for cutting, curling and laying out the hayre, and disguising themselves by following strange fashions in their apparell: For profanesse in the people not frequenting their meetings, and others going away before the blessing be pronounced: For suffering the Quakers to live amongst them and to set up their threshholds [Page] by Gods thresholds, contrary to their old lawes and resolutions.*

With many such reasons, but whatever be the cause, the English have contributed much to their misfortunes, for they first taught the Indians the use of armes, and admitted them to be present at all their musters and trainings, and shewed them how to handle, mend and fix their muskets, and have been furnished with all sorts of armes by permission of the government, so that the Indians are become excellent firemen. And at Natick there was a gathered church of praying Indians, who were exercised as trained bands, under officers of their owne; these have been the most barbarous and cruel enemies to the English of any others. Capt. Tom, their leader, being lately taken and hanged at Boston, with one other of their chiefs.

That notwithstanding the ancient law of the country, made in the year 1633, that no person should sell any armes or ammunition to any Indian upon penalty of 10l. for every gun, 5l. for a pound of powder, and 40s. for a pound of shot, yet the government of the Massachusets in the year 1657, upon designe to monopolize the whole Indian trade did publish and declare that the trade of furrs and peltry with the Indians in their jurisdiction did solely and properly belong to their commonwealth and not to every indifferent person, and did enact that no person should trade with the Indians for any sort of peltry, except such as were authorized by that court, under the penalty of 100l. for every offence, giving liberty to all such as should have licence from them to sell, unto any Indian, guns, swords, powder and shot, paying to the treasurer 3d. for each gun and for each dozen of swords; 6d. for a pound of powder and for every ten pound of shot, by which means the Indians have been abundantly furnished with great store of armes and ammunition to the utter ruin and undoing of many families in the neighbouring colonies to inrich some few of their relations and church members.

[Page]No advantage but many disadvantages have arisen to the English by the warre, for about 600 men have been slaine, and 12 captains, most of them brave and stout persons and of loyal principles, whilest the church members had liberty to stay at home and not hazard their persons in the wildernesse.

The losse to the English in the severall colonies, in their habitations and stock, is reckoned to amount to 150,000l. there having been about 1200 houses burned, 8000 head of cattle, great and small, killed, and many thousand bushels of wheat, pease and other grain burned (of which the Massachusets colony hath not been damnifyed one third part, the great losse falling upon New Plymouth and Connecticot colonies)* and upward of 3000 Indians men women and children destroyed, who if well managed would have been very serviceable to the English, which makes all manner of labour dear.

The warre at present is near an end. In Plymouth colony the Indians surrender themselves to Gov. Winslow, upon mercy, and bring in all their arms, are wholly at his disposall, except life and transportation; but for all such as have been notoriously cruell to women and children, so soon as discovered they are to be executed in the sight of their fellow Indians.

The government of Boston have concluded a peace upon these termes.

1. That there be henceforward a firme peace between the Indians and English.

2. That after publication of the articles of peace by the generall court, if any English shall willfully kill an Indian, upon due proof, he shall dye, and if an Indian kill an Englishman and escape, the Indians are to produce him, and he to passe tryall by the English lawes.

That the Indians shall not conceal any known enemies to the English, but shall discover them and bring them to the English.

[Page]That upon all occasions the Indians are to ayd and assist the English against their enemies, and to be under English command.

That all Indians have liberty to sit down at their former habitations without let.

Ninth Enquiry. What are the commodities of the production, growth and manufacture of the country, and what are those imported from other places, and particularly how the trade and navigation is carryed on, whether directly to and from England or otherwise, what number of ships do trade thither yearly, and of what burthen they are, and where built; and lastly, what notice is taken of the act of navigation?

The commodities of the production, growth and manufacture of New England are, all things necessary for shipping and naval furniture in great abundance, as excellent oake, elme, beech, firre, pines for masts the best in the world, pitch, tarre, hempe, and iron not inferior to that of Bilboa, clapboards, pipe staves, plankes and dealboards, so that his Majestie need not be beholding to other nations for naval stores.

It abounds with horses, beefes, sheep, hogs and goats, with mighty numbers of wild beasts, as beaver, otter, moose, deer, stags, foxes, musquash, and severall other sorts, whose skins produce great profit yearly. Also great plenty of wheat, rye, barley, oats and pease, fruits of most kinds, especially apples, whereof they make great quantities of excellent cider. Fish of all sorts, especially cod, mackarell and herring, which are very large and fat. These are the staple commodities and are exported.

To Virginia, Jamaica and Maryland, beef and porke salted, pease, flower, bisket and mault, coddfish and salt mackarell.

To Barbados, Nevis, St. Christopher and the other islands, the above commodities, together with horses, dealboards, pipestaves, and houses ready framed.

To Spain, Portugall and the Straights, Maderas and Canary islands, fish and timber, pipestaves and dealboards.

[Page]To England, masts and yards for ships, firre and oake plankes, with all sorts of peltry.

The commodities imported from the plantations are tobacco, sugar, indico, cotton wool, ginger, logwood, fustick, cocao and rume, the which are again transported to other parts.

The trade and navigation is carried on by a generall traffick to most parts of Europe, as England, Scotland, Ireland, Spain, France, Portugall, Holland, Canaries, and the Hans townes, carrying to each place such commodities as are vendible, either of their own growth and manufacture or those of the other plantations, and doe make their returns in such goods as are necessary and vendible either in New England, or in any other of his Majesties dominions in America; as brandy, Canary, Spanish and French wines, bullion, salt, fruits, oyles, silkes, laces, linnen of all sorts, cloath, serges, bayes, kersies, stockings, and many other commodities, which they distribute into all parts of the West-Indies; so that there is little left for the merchants residing in England to import into any of the plantations, those of New-England being able to afford their goods much cheaper than such who pay the customes and are laden in England. By which meanes this kingdome hath lost the best part of the western trade, there being very little exported hence but only such commodities as are properly the product and manufacture of England and cannot be had in other parts.

It is the great care of the merchants to keep their ships in constant imploy, which makes them trye all ports to force a trade, whereby they abound with all sorts of commodities, and Boston may be esteemed the mart town of the West Indies.

There are some ships lately sent to Guinea, Madagascar and those coasts, and some to Scanderoon, laden with masts and yards for ships.

There are severall vessels yearly built there and sold in England and other parts, which they build very cheap.

[Page]There are built in and belong to that jurisdiction.

30 | 200 | 200 | 300
Vessels from
100 | 50 | 30 | 6
to
250 | 100 | 50 | 10
Tuns.

There are about 30 master-builders of ships, and ship-carpenters and other workmen and artificers proportionable.

The chief places for building are Boston, Charlestown, Salem, Ipswich, Salisbury and Portsmouth. Good ships are built for foure pounds the tun.

There is no notice taken of the act of navigation, plantation, or any other lawes made in England for the regulation of trade. All nations having free liberty to come into their ports and vend their commodities, without any restraint; and in this as well as in other things, that government would make the world believe they are a free state and doe act in all matters accordingly, and doe presume to give passports to ships, not only belonging to that colony but also to England, without any regard to those rules prescribed by his Majestie.

Tenth Enquiry. What are the taxes and fines layd upon the country, what rates and duties are charged upon goods exported and imported, what publick revenue doth arise to the government, of what nature it is and how and by whom it is collected and exacted?

The taxes layd upon the country and duely collected are,

Poll-money. Every male person of 16 years of age and upwards, both inhabitant, lodger, child, servant or slave, payes yearly one shilling and eight pence per head.

Land-tax. Upon all estates reall and personall there is paid yearely, one penny for every twenty shillings value, upon lands, houses, mills, ships, goods, cattle, and all other known estate, whether at home or at sea. The estates of merchants and shopkeepers, being inhabitants, are rated by the rule of common estimation, according to the will and doome of the assessors. All handicraftsmen are rated for their returnes and gaines in their callings proportionable [Page] to others. Every merchant stranger's estate is rated and payes according to the cargo he brings into the country.

Law-suits. All actions of the value of two pounds pay at entry 10s. of ten pounds, 15s. of twenty pounds and upwards, 20s. petitions to the court to obtain a debt or favour 10s. Magistrates and ministers and church elders pay no pollmoney or other taxes upon lands or personall estates.

Customs. Upon all goods imported either by sea or land.

| £. | s. | d.
All goods, wares and merchandizes, living cattle and provisions doth pay for every hundred pound value | 0 | 10 | 0
Fayall wines or of the western islands, per tun, | 0 | 10 | 0
Madera wine | 0 | 13 | 4
Canary, Sherry and Malaga wine | 1 | 0 | 0
French wines | 0 | 10 | 0
Brandy wine | 2 | 0 | 0
Every ship of 200 tuns and upward payes | 0 | 10 | 0
And small vessels, each voyage | 0 | 6 | 8
Stranger's vessels according to their burth. p. tun, | 0 | 0 | 6
Every vessel above 20 tuns not built in the colony payes each voyage half a pound of powder per tun, or in money | 0 | 0 | 9
Excise. Upon all liquors retayled in publick houses, cider, beer & ale, per hogshead | 0 | 2 | 6
Mumme, the hogshead | 0 | 5 | 0
Vintners and retailers of wine doe pay per tun | 5 | 0 | 0
Brandy and all strong liquors per gallon | 0 | 0 | 8

All publick houses are licensed by the magistrates and are obliged to clear their accounts of excise monthly, upon oath.

For armes and ammunition sold to the Indians.

For each gun | 3s. | For powder the pound | 6d.
For a dozen swords | 3s. | For shot every ten pound | 6d.

No custom upon any thing exported except horses, which pay 6d.

[Page]The publick revenue of the colony is computed to be upwards of 20000l. * and is disposed of as the governor and magistrates think fit, without giving any account to the country, by which meanes whosoever comes into the magistracy hath an opportunity of growing rich and advancing his relations; it being exceeding profitable to be a magistrate of that corporation. It was generally beleeved there was a great bank of money in the treasury, there having been large sums collected from the year 1652, and little occasion of publick expence besides salaries to the magistrates and other officers, and maintaining a publick table: But, upon occasion of a present supply for carrying on the Indian warre, it was desired by severall of the principall inhabitants that monies might be issued out of the publick treasury, but upon examination it appeared that stock had been otherwise disposed of and not one penny to be found, so that for the warre 50000l. hath been raysed upon the colony.†

The poll money and land taxes are payd in money, and collected by the constables of each town. The customes are most commonly payd in money, or the best of the specie at price currant, and are collected by officers purposely appointed, the present collectors being the governor's son in law and the late treasurer's son.

The excise is gathered by such as the treasurer deputes and is payd in money.

There is a reasonable quantitie of silver money in the colony, but no gold.

Eleventh Enquiry. How they generally stand affected to the government of England, what persons are most popular and at present in the magistracy, or like to be at next election?

The inhabitants are generally well affected to his Majestie and his government, as well the merchants and farmers [Page] as the meaner traders and artificers, who groan under the yoake of the present government, and are in dayly hopes and expectations of a change, by his Majesties reassuming the authority and settling a general government over the whole country, without which it is feared civill warrs will in a short time breake out between the colonies, the government of the Massachusets dayly imposing and incroaching upon their neighbours, and therefore the loyal colonies of New Plymouth, Connecticot, New Hampshire and Main, seeing these inconveniencies dayly increasing by a divided government, are very desirous of submitting to a general governour to be established by his Majestie.*

Amongst the magistrates some are good men and well affected to his Majestie, and would be well satisfied to have his Majesties authority in a better manner established, but the major part are of different principles, having been in the government from the time they formed themselves into a commonwealth. These direct and manage all affaires as they please, of which number are Mr. Leverett, governour, Mr. Symons, deputy-governour, Mr. Danforth, Mr. Ting, Major Clarke and Major Hathorn, still continued a magistrate, tho' commanded by his Majestie upon his allegiance to come into England, yet refused, being incouraged in his disobedience by a vote of the court, not to appear, upon some reasons best known to themselves.† These, with some few others of the same faction, keep the country in subjection and slavery, backed with the authority of a pretended charter. These magistrates have continually disobeyed his Majesties command contained in his royall letters 1662, 64, 65, 66, and those of March last, ever reserving to themselves a power to alter, evade and disanull any law or command not agreeing with their humour, or the absolute authority of their government, acknowledging no superior or admitting any appeal to his Majestie, whose armes are not set up in any of their courts, meetings or publick assemblies.

[Page]The most popular and well principled men are Major Denison, Mr. Broadstreet and Mr. Dudley, in the magistracy; and of military men Major Savage, Captains Curwin, Saltonstall, Brattle, Richards, Gillam, Moseley, Majory, Champernoon, Shapleigh, Phillips, with many others, who only wait for an opportunity to expresse their duty to his Majestie.

The present magistrates are Mr. Leverett, governor, Mr. Symons, deputy governor, Major Dennison, Mr. Ting, Danforth, Bradstreet, Hathorn, Pynchon, Stoughton, Clarke, Dudley, Russell lately dead.

Whoever are in the magistracy doe for the most part continue till death, by the help of persons of their faction and of a law commanding that at every new election the former magistrates be first put to vote, upon penalty of ten pounds.

The clergy are for the most part very civill and inclining to his Majesties government, being held in subjection by the ruling elders, who govern all affairs of the church.

Twelfth Enquiry. What is the present state of the ecclesiasticall government, how are the universities, at present, filled and by whome governed?

The ecclesiasticall government is in the hands of lay-elders, these being the lawes and constitutions.

No person is permitted to gather a church without the approbation of three of the magistrates and the elders of the neighbour churches.

Every church hath liberty of election and ordination of officers and ministers to exercise all the ordinances of God, according to the rules of the scripture. To celebrate daies of fasting, prayer and thankesgiving, according to the word of God. No injunction to be put upon any church, church officer, or member in point of doctrine, worship or discipline, whether for substance or circumstance, besides the institution of the Lord. Hath liberty of admission, recommendation, dismission and expulsion of their officers and members, with free exercise of the discipline and censures of Christ, according to the rules of the word.

[Page]The civill authority hath power to see the peace, ordinances and rules of Christ observed in every church and to deal with any church member, in a way of civill justice, notwithstanding any church relation, office or interest.

No church censure shall degrade or depose any man from any civill dignity, office or authority he shall have in the commonwealth.

Whosoever shall interrupt any minister in his preaching or charging him with any error he hath not taught, shall pay five pounds.

The ministry in Boston are payd by a collection weekly made in the severall congregations, by the elders, who give the minister what they think fit; but in other towns they have a settled maintenance by a rate layd on every inhabitant, and houses are provided for them.

There are three colledges built in Cambridge, one with timber at the charge of Mr. Harvard and bears his name; a small brick building called the Indian colledge, where some few Indians did study, but now it is a printing house; new-colledge, built at the publick charge, is a fair pile of brick building covered with tiles, by reason of the late Indian warre not yet finished. It contains 20 chambers for students, two in a chamber; a large hall, which serves for a chappel; over that a convenient library, with some few bookes of the ancient fathers and school divines, but in regard divinity is the generall study, there are many English bookes of the late non-conformist writers, especially of Mr. Baxter and Dr. Owen. Here they teach Hebrew before they well understand Latin. No formalities or distinctions of habits, or other decencies, as in England, much lesse these exhibitions and supports for schollars. They take no degrees above master of arts.

Their commencement, kept yearly the 2d of August, in the meeting-house, where the governor and magistrates are present, attended with throngs of illiterate elders and church members, who are entertained with English speeches and verses. Most of the students are come for England, and at present no settled president, but one Mr. [Page] Oakes, a rigid independent, supplies the place. The allowance of the president is 100l. per ann. and a good house. There are but 4 fellowships, the two seniors have each 30l. per ann. and the two juniors 15l. but no diet is allowed: These are tutors to all such as are admitted students. Mr. Thomas Graves, an ingenious and worthy person, was put by his fellowship, by the late Dr. Hoar, because he would not renounce the church of England. The government of these colledges is in the governor and magistrates of the Massachusets and the president of the colledge, together with the teaching elders of the six adjacent towns.

As to the colonies of New-Plymouth and Connecticot, it is humbly offered.

The lawes of England are there observed with such of their own as are not contradictory thereunto. The oath of allegiance is taken by every magistrate and officer, whether civill or military, and by all freemen. All commissions, proclamations, writs and summons are in his Majesties name.

The number of inhabitants in both colonies are computed to be 80000 soules. There are noe slaves, only hired servants. The chief professions are farmers, grasiers and fishermen. Very few merchants, they being supplied with all forreign commodities from Boston.

The militia consists of 4 troops of horse and 5 regiments of foot, who are well armed and disciplined, no old soldiers among them. The number fit to bear armes 20000.

The country is very fertile and pleasant and abounds in corn and cattle, and produceth very good horses, the best in all N. E. which are sent into severall parts. There is great abundance of tarre and excellent good hemp, and there is made good quantity of whale oyle, which fish they take upon the coasts. The act of navigation is duely observed. No stranger is admitted to come into their ports. They have no ships of burthen, but only small ketches and barkes, to trade along the coasts and take fish.

[Page]They are generally very loyall and good people, and doe upon all occasions expresse great love to the person and government of his Majestie, and doe heartily wish that his Majesties authority were established over the whole country.

The present governor of New Plymouth is Josiah Winslow, Esq a person eminently popular and beloved in all the colonies of N. E. and was generall of the united forces against the Indians.

The governor of Connecticot is Wm. Leet, Esq a very worthy person, as are most of the magistrates of that colony.

The losses which these colonies have sustayned by the Indian warre is estimated to be near 100,000 pound.

This is (may it please your Lordships) the best account I have been able to gather, during my short stay in those parts, as well from my own observation as from the information of others. And for what passed particularly between the magistrates of Boston and myself, upon the delivery of my letters, and with the inhabitants of that and the other colonies, I have presented his Majestie with a short narrative. A copy whereof is herunto annexed.

12 October 1676.

Edward Randolph.

To the Kings most excellent Majestie.
A short narrative touching the delivery of your Majesties letters to the magistrates of Boston in New-England, by Edward Randolph.

May it please your Majestie,

HAVING receaved your Majesties letters for the governor and magistrates of your Majesties town of Boston in N. E. dated 20th of March last, with my particular instructions from the right hon. Mr. secretary Coventry, upon the 30th of the sayd month I sayled from the Downes. After a tedious passage of 10 weeks arrived at Boston on 10th June. At my landing I went immediately to the governor John Leveret, and shewed him your [Page] Majesties passe and acquainted him with the cause of my coming, and that I had brought a letter from his Majestie unto the magistrates of that colony, and did therefore desire him that, with what convenient speed might be, the magistrates might be assembled to hear your Majesties letter read. The governor answered, that the council was to meet that afternoon, upon other businesse, and that then I should be sent for; as I was, by the marshall of their court; where being come and admitted into the councill, I delivered your Majesties letters to the governor, there being six of the magistrates and their secretary assembled with him, and there being a chaire placed purposely for me, I was desired by the governor to sitt.

The governor having opened your Majesties letter sayd to the rest of the magistrates, it was a letter from your Majestie, and looking to the bottom of the letter, he read by his Majesties command Hen. Coventry. The governor asked me who that Mr. Coventry was. I told him he was your Majesties principall secretary of state.

At the beginning of the reading of your Majesties letter, the whole councill being covered, I put off my hat; whereupon three of the magistrates tooke off their hats and sate uncovered; but the governor with the rest continued to keep their hats on.

Your Majesties letters, with the inclosed petitions of Mr. Mason and Mr. Gorges, being read in my hearing, the governor told the councill that the matters therein contained were very inconsiderable things and easily answered, and it did no way concern that government to take any notice thereof. I acquainted them that your Majestie had commanded me to require an answer of your sayd letters, and for which your Majestie had ordered me one month to attend. The governor answered, that they should consider of those things. Whereupon I withdrew.

Then I delivered the particular letters of Mr. Mason, which he had writt unto severall of the most eminent inhabitants of Boston, some whereof are the principall officers of the militia. These gentlemen receaved me with [Page] much kindnesse and expressed great loyalty to your Majestie. The letters he wrote were to give them an account of the contents of your Majesties letters, his own complaints against the proceedings of that government, with the occasion of my coming into these parts, desiring them to communicate the same to others, the which was soon spread abroad, to the great pleasure and satisfaction of all those who are well-wishers to your Majestie.

Within a day or two after my arrivall, I met with a report which seemed artificially raysed to amuse and distract the people about domestique troubles here in England, the sume whereof was, that the Duke of Yorke, with diverse of the nobility, upon discontent, had left the court, and had applied themselves to the citty for assistance, and that all was going to confusion at home. This was reported with much confidence, and sayd to be writt from some very good people in London, and therefore must be true. I soon confuted this report, by many arguments, shewing them the falsenesse of it, and so in a short tyme it vanished.

After two days consideration it was resolved in their councell that thankes be returned to your Majestie for your gracious letter, and that an answer be forthwith sent by a master of a vessel ready to saile for London.

The 15th of June I was sent for to the councell. The governour asked me whether I intended for London by that ship that was ready to saile, if so I should have a duplicate of their letter to your Majestie, the originall being to accompany his own particular answer to a letter he had receaved from Mr. secretary Williamson by the same master of the ship I came with. I told them I had other matters of concern under my charge, and should not return so soon, and withall asked them if they had well considered of his Majesties letter and the inclosed petition in so short a time, and concluded on their agents and the time of their going for England, to which they gave me no reply, but the governour asked me if I had any thing further to offer them from your Majestie, I told them I had [Page] nothing further to communicate to them, whereupon the governor said that he looked upon me as Mr. Mason's agent, and that I might withdraw.

The day after, I went to visit the governour at his house, and among other discourse I told him I tooke notice of severall ships that were arrived at Boston, some since my being there, from Spain, France, Streights, Canaries and other parts of Europe, contrary to your Majesties lawes for encouraging navigation, and regulating the trade of the plantations. He freely declared to me that the lawes made by your Majestie and your parliament obligeth them in nothing but what consists with the interest of that colony, that the legislative power is and abides in them solely to act and make lawes by virtue of a charter from your Majesties royall father, and that all matters in difference are to be concluded by their finall determination, without any appeal to your Majestie, and that your Majestie ought not to retrench their liberties, but may enlarge them if your Majestie please, and said, your Majestie had confirmed their charter and all their privileges by your Majesties letter of the 28th of June 1662, and that your Majesty could doe no lesse in reason than let them enjoy their liberties and trade, they having upon their own charge and without any contribution from the crown made so large plantation in the wildernesse, and that during the Dutch warrs your Majestie sent ammunition to New-Yorke for that place, but sent them word they must shift for themselves and make the best defence they could, and that notwithstanding the colony had many enemies, yet they did believe your Majestie to be their very good friend, for that your Majestie had by severall letters expressed your great kindnesse to them.

Within a few days after I met with one Mr. Harris, a gentleman who arrived there from England about six months before, who told me that at his arrival at Boston, he was, according to their law, conducted to the governor, which enjoins all masters of vessels to bring all passengers to the governor upon penalty of 20l. who enquiring of [Page] him if he knew Mr. Mason and whether he was coming over and what commissioners were coming with him, Mr. Harris told him there was a report that Mr Mason was to come over. The governor then said he had receaved information from England that commissioners had come over last summer or the spring, but that your Majestie had not money to defrey that charge and set them forth, and did therefore beleave no commissioners would come.

The 23d June I gave in a memoriall to the governour, the councill being then assembled at his house, wherein I acquainted them that in pursuance of my instructions I did remind then of your Majesties command of sending over agents that might be sufficiently qualified and impowered, and did desire that seeing a generall court seemed much more proper for dispatch of matters of so great and weighty concerns, that a generall court might on this occasion be assembled, that so I might receave their deliberate and solemn answer to your Majesties letters, for the which I would attend. But hereunto they gave me no other answer then that when I was ready to saile for England I should have a coppy of their letter which they had writ unto your Majestie.

About the beginning of July, I went into the province of New-Hampshire, belonging unto Mr. Mason, but now divided by the Bostoneers into three counties, and by them called Norfolk, Suffolk and Middlesex. And travailed through severall of the most considerable towns, acquainting the inhabitants with the occasion of my coming into the country, and read Mr. Mason's letter unto them, which gave them great satisfaction, the whole country complaining of the oppression and usurpation of the magistrates of Boston, imposing ministers upon them, not admitting them to the sacrament of the Lord's Supper, denying baptism to their children, and liberty of choosing their own magistrates and officers because they were not members of their congregations. And as a farther marke of their power and sovereignty over them they send twice a year magistrates from Boston to keep courts for trying of causes, and that [Page] they lay at pleasure what impositions, fines and taxes they thinke fit upon their estates, persons and trade, contrary to the lawes of England, and that they have been for a long time earnestly expecting to be delivered from the government of the Massachusets Bay, and doe now humbly hope your Majestie will not permitt them any longer to be oppressed, but will be graciously pleased to give them relief, according to the promises made them by your Majesties commissioners in 1665, who were then in that province, and declared them not to be under the government of Boston.

And being at Portsmouth, a town of very great trade, lying upon the river of Piscataway, in the northermost part of New-Hampshire, about seventy miles from Boston, severall of the principall inhabitants of the province of Main, belonging unto Mr. Gorges, and now by the Bostoneers, since the seizing thereof, called Yorkshire, came unto me making the same complaints, with those of New-Hampshire, entreating me to represent their condition to your Majestie and are passionately expecting relief, some of them having been suffered to be ruined by the Indians for having formerly expressed their duty to your Majestie when your Majesties commissioners were in that country, and for having taken commissions from them to act as justices of the peace.

At my return to Boston I receaved a message from Josiah Winslow, Esq governor of your Majesties colony of New-Plymouth, desiring I would give him a visit before I left New-England. Whereupon I made a journey to him, whome I found a gentleman of loyal principles and hath shewed himself a person of great courage and conduct in the management of the Indian warre, those barbarous people being chiefly overcome by his conduct and troops, which makes him to be feared and not loved by his neighbours the Bostoners.

In his discourse he expressed his great dislike of the carriage of the magistrates of Boston to your Majesties royall person and your subjects under their government; [Page] of their incroaching upon the rights, trades and possessions of the neighbouring colonies, laying what rates they please on the commodities and products of the other colonies imported into their harbours; the dayly breach of your Majesties lawes concerning trade and navigation, trading with and incouraging all nations so trade with them, to the great prejudice and detrement of your Majestie and this your kingdom: And that he, finding the inconveniences of a divided government dayly arising, did say, that New-England could never be secure, flourish, nor be serviceable to your Majestie, untill the severall colonies and plantations were reduced under your Majesties immediate government, and that the colonies of New-Plymouth and Connecticot would readily and willingly submitt to your Majesties pleasure and commands in the disposall and settlement of the civill government.

That during my stay at Boston I made acquaintance with severall of the chief inhabitants and some of the magistrates, and did particularly informe myself of the humour, disposition and affections of the people, and found the principal inhabitants, some whereof are the chief officers of the militia, and the generality of the people complaining of the arbitrary government and oppression of their magistrates and doe hope your Majestie will be pleased to free them from this bondage by establishing your own royall authority among them and govern them according to your Majesties lawes. And many of the better sort did intreat me to represent this their condition to your Majestie, not daring publickly to expresse their desires or complaint by petition, because of the severity and arbitrary proceeding of their rulers, and that many of them have been sufferers for petitioning formerly. Altho' at the general court in Octob. 1666, upon occasion of your Majesties letter and declaration of the 10th Aprill in the said year, which petition was subscribed by upwards of 100 of the principall inhabitants of that colony, wherein they did assert your Mejesties right of jurisdiction and soveraignty over them, a copy whereof is hereunto annexed, [Page] being given me by some of the chief persons that had subscribed it, desiring that your Majestie might see the same; these gentlemen soe delivering this petition, did then receave a severe check, the petition voted scandalous, they stiled the betrayers of the libertyes of that colony and ill-affected to that government, for which some of them have been greatly prejudiced in their estates and fortunes, and still lye under many inconveniences, and are not admitted into any offices of the government or choyce of the magistrates.

Being ready to return for England, the tyme allotted by your Majestie being expired, I went to the governor on the 20th July, for my dispatches, and was entertained by him with a sharp reproof for publishing the substance of my errand into those parts, contained in your Majesties letters, as alsoe in Mr. Masons petition and what he represented to his friends there, with that of Mr. Gorges unto the inhabitants of Boston, New-Hampshire and Main, telling me that I designed to make a mutiny and disturbance in the country and to withdraw the people from their obedience to the magistracy of that colony and the authority thereof. I told him, if I had done any thing amisse, upon complaint made to your Majestie he would certainly have justice done him.

The governor then gave me the duplicate of a letter directed unto the right honorable Mr. Secretary Coventry, which he told me was the answer which the councill thought fit to give to your Majesties letters, the originall being sent for England a month before.

At my departure from him, both he and some of the magistrates, severally, intreated me to give a favourable report of the country and the magistrates thereof, adding, that those that blessed them God would blesse, and those that cursed them God would curse. And withall, desired me to acquaint your Majestie that whatever reports were raysed against them, by wicked and evill minded men, to draw away your Majesties grace and favour from them, yet they were a people truely fearing the Lord and very obedient to your Majestie.

[Page]So that altho' by your Majesties command I was sent to the magistrates of Boston, and was named in your royall letters as one who should sollicit a fit determination in the businesse depending, and bring back the answer thereof, yet I must wholly refer myself to their own answer, they not having thought fit to acquaint me with the contents thereof.

All which I doe most humbly certify.

20 September 1676.

To the honored generall court now assembled in Boston.

May it please this honored court,

YOUR humble petitioners being informed that letters are lately sent from his Majestie to the governor and councill, expressing his ill resentment of the proceedings of this colony with his commissioners lately sent hither, and requiring also some persons therein particularly named, with command upon their allegiance, to attend his Majesties pleasure, in order to a final determination of such differences and debates as have happened between his Majesties sayd commissioners and the government here; which declaration of his Majestie your petitioners looking at as a matter of the greatest importance and justly calling for more serious consideration, that they might neither be wanting to yourselves in withholding any incouragement that their concurrence might afford in so arduous a matter, nor to themselves and the country being involved by their silence, in the dangerous mistakes of some persons (tho' otherwise well-minded) inclining to disloyal principles, they desire they may have liberty, without offence, to propose some of their thoughts and fears about that matter unto your most serious consideration.

Your petitioners humbly conceave that they who live in this age of the world are not lesse than others concerned in that advice of the wiseman, to keep the kings commandment, and that because of the oath of God, and not to be hasty to goe out of his sight that doth whatsoever [Page] pleaseth him. Wherefore they desire that seeing his Majestie hath already taken no little displeasure against us as if we disowned his Majesties jurisdiction over us, effectual care may be taken lest by refusing to attend his Majesties orders for clearing pretences unto right favour in that particular, we should plunge ourselves into greater disfavour and danger.

The receaving a charter from his Majesties royall predecessor for the planting of this colony, with a confirmation of the same from his royal person, by our late addresse sufficiently declare this place to be part of his dominions, and ourselves his subjects, in testimony of which also our first governour Mr. Mathew Cradock, as we are informed, stands recorded juratus de fide & obedientiâ before one of the masters of chancery, whence it is evident that if any proceedings of this colony have given occasion to his Majestie to say that we beleave he hath no jurisdiction over us, what effectual course had need be taken to free ourselves from incuring his Majesties farther displeasure, by continuing in so dangerous an offence, and to give his Majestie all due satisfaction in that point? Such an assertion would be no lesse destructive to our welfare than derogatory to his Majesties honour. The doubtful interpretation of the words of a patent, which there can be no reason to beleeve can ever be construed to the divesting of a soveraign prince of his royall power over his naturall subjects and liege people, is too frail a foundation to build such a transcendent immunity and privilege upon.

Your petitioners shall ever be willing to acknowledge to the utmost how much they are bound to yourselves and others in the like capacity for your abundant care and paines in carrying on they government of this colony and endeavouring to uphold the liberties thereof, and should not be unwilling to run any hazard with you for the regular defence and security of the same, and would be most unwilling to reflect upon the persons of them they so much honour and respect, by a necessary dissenting from them in some things wherein they could not approve the [Page] reasons of their proceedings, but in matters of so great concernment as that now in agitation, wherein the honour of God, the credit of religion, as well as the interest of our own persons and estates are all concerned.

They earnestly desire, that no party will so irresistably carry on any design of so dangerous consequence as to necessitate their brethren, equally engaged with them in the same undertaking, to make a particular addresse to his Majestie and declaration to the world to clear themselves from the least imputation of so scandalous an evill, as the appearance of disaffection, or disloyalty to the person and government of their lawfull prince and soveraign would be.

Wherefore your petitioners doe humbly intreat, that if any occasion hath been given unto his Majestie so to resent any of your former actions, as in his last letter is held forth, that nothing of that nature be further proceeded in, but contrawise that application be made to his Majestie by meet persons immediately to be sent for that end, to clear the transactions of them that govern this colony from any such construction, least otherwise that, which duly improved, might have been as a cloud of the latter rain, be turned into that which in the conclusion may be more terrible than the roaring of a lyon.

Thus craving a favourable interpretation of what is here humbly presented, your petitioners shall ever be obliged to thankefullnesse.

This petition was signed by upwards of an hundred of the principal inhabitants of the Massachusets colony, and presented by them to the generall court at their meeting in Boston in October 1666, upon occasion of his Majesties declaration of the 10th of April in the same year.*

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Copy of a Letter from Mr. John Knowles to Governor Leverett.

London, this 6 July 1677.

Ever honoured Sir,

THERE comes with this another letter to yourselfe from mee, which Mr. Rawson will give you, with that which your committee here for the colledge hath sent to the overseers. There is one Mr. Smith, I think his name is soe, an expert surveyor, who hath built forty of these famous houses in London, though he be a stranger to myselfe, yet hath the commendations of eminent ministers for his goodnes, besides some of the chiefe workmen in the city for his ability in his calling. If you make use of him about the colledge, you may doe well to pay his passage, or as you please; I have agreed with him for nothinge, because he desired to be left free.

Sir, there is another trouble which I presume to putt upon you, which is, to speak to the reverend Mr. Higginson, pastour of Salem, to move that congregation to doe something for the maintenance of Mrs. Peters,* who, since her husband suffered here, hath depended wholly upon Mr. Cockquaine and that church whereof he is pastour. I fear she will be forced to seke her living in the streets, if some course be not taken for her relief, either by Mr. Higginson or Mr. Oxenbridge, or some other sympathyzing minister. Sir, I pray you, present my best respects to both of them. Little news here since my last, which was directed to yourselfe. Here is great talke of the German Emperor and the Sweeds joyning with the Hollander. The treaty of peace at Coligne is sayd to be broken up, our navy is going forth suddainly, it is violently suspected that all our East India men are taken by the Dutch, and some of our factoryes. The blessed God strengthen your heart and hand in that great work which he hath called [Page] you to. Thus my best respects unto yourselfe, and good Mrs. Leverett, I commend you to God's blessing in Christ Jesus.

Sir,

your faithful friend and servant, John Knowles.

Copy of a Letter from King Charles II. to the Governour and Council of the Massachusets Colony.

CHARLES R.

TRUSTY and well beloved, We greet you well. Whereas We have been given to understand that you did in the month of October last, passe a law in your assembly at Boston for the reviving and administring a certain oath of fidelity to the country; and whereas the enjoyning the said oath at such time, when you had intimation by your agents here of our being displeased with the forme thereof, is highly disrespectfull to Us, and seems to be intended as a snare in the way of many of our good subjects there, of whose preservation We shall ever be tender; We have thought fit hereby to signify to you, that We take the untimely renewing and enjoyning of the said oath very ill, and that We look upon the same as derogatory to our honour as well as defective in point of your duty, inasmuch as the allegiance due to us, and the fidelity to the country are joyned together in the same undecent forme, wherein such fidelity is made even to precede your allegiance to us. And though We doe not, for the present, prescribe what forme may be proper amongst your selves, as to your corporation oath, yet We doe hereby strictly require and command you to give order that the oath of allegiance, as it is by law established in this Our kingdom of England, a copy of which oath attested by one of Our principall secretaries of state you will receive herewith inclosed) be administred unto and taken by all Our subjects, inhabitants within that Our colony, who are of years to take an oath, wherein We expect your entire [Page] obedience and utmost care, this being soe fundamentall a concerne to Our dignity and government, We could not omit any longer to signify to you Our pleasure therein, though severall other matters of moment relating to that Our colony are still depending before Us, in which We are not come to any finall resolution. And so We bid you farewell. Given at Our court at Whitehall, the 27th day of Aprill 1678, in the thirtieth yeare of Our Reigne.

By his Majesties command, Williamson.

Copy of a Petition and Address of the General Court of the Massachusets to the King.
To the King's most excellent Majestie. The humble petition and address of the governour and company of your Majesties colony of the Massachusets in New-England,

Humbly sheweth,

THAT whereas your sayd petitioners have since your Majesties most happy restauration, upon their several addresses in the yeares 1661, 62, &c. received many signal and gracious returns of favor (confirmation of our charter, pardon of our errors, assurance of your royall inclination to promote the trade and happines of this plantation) proceeding only from your royal goodnes, which hath highly obliged us to all due acknowledgments thereof, as wee have had opportunity; and wee shall, in future, at no time omit to manifest (according to our capacitie) our harty and sincere affection to your Majesties service and interest, as in duty wee are bound: And therefore most humbly implore the continuance of those gracious influences, whereby your poore subjects here have been soe much refreshed in their great sufferings and distresses, and that your Majestie, according to your innate wisdome and [Page] goodnes, will receive no impressions from any that, for their owne evil ends, shall endeavour (by false or mistaken reports) to represent us as affecting and aspiring to a greatnes independent on your Majesties soveraignty over us, or incompatible with the duty of good and loyall subjects to a most gracious King, in whose prosperity and happines wee most hartily rejoyce and for which we daily pray.

In humble obedience to your Majesties command in 76, wee dispatched our good friends Mr. William Stoughton and Mr. P. Buckley, to attend your Majesties pleasure concerning the bounds of our patent, in reference to Mr. Gorges and Mr. Mason, wherein, as wee have been informed, your Majestie hath declared your pleasure as to the settlement of the bounds of our patent, and our right of government therein according to our charter; which is matter of great satisfaction to all your good subjects here, it being their utmost ambition to enjoy, under your royal protection and allegeance, the knowne and declared ends of the first undertakers, which hath hitherto been carryed on at their owne charge, both formerly and lately, defended by a greater expence of bloud and treasure than will easily be believed; whereof they cannot but desire to reape the fruits, which they assure themselves they may, without any diminution of your Majesties greatnes, dominion or glory, which, with your Majesties pardon, wee are bold to affirme will not be advanced by any innovation or alteration of our present settlement.

Wee humbly supplicate your Majestie that our messengers, having dispatched the business betrusted with them by us and commanded to attend by your Majestie, may be at liberty to returne, and not be obliged to make answer to such complaints as are made by unquiet spirits, who seek not your Majesties but their owne advantages and our distress. And what shall be incumbent on us, wee shall with all dutifullness attend, as becomes good christians and loyal English subjects, and shall glory in giving your Majestie all just satisfaction, not insisting upon any errata that may have slipped us in 48 years, especially in our infancy, [Page] or in the times of the late confusions, for which (as wee have had) wee again most humbly implore your Majesties gracious pardon, which will further oblige us for the future to be most observant of your royal pleasure, as to your establishment of us according to the charter granted by your royal father and confirmed by your royal selfe upon several occasions.

Let your Majestie be pleased to accept from our messengers abovesaid an account of our ready obedience to your Majesties command for taking the oath of allegiance in the forme prescribed, and our repealing that law referring to the oath, so ill resented by your Majesty, with some orders Mr. Attorney and Mr. Sollicitor excepted against, as our messengers have intimated. Wee might recount the particulars and present our further desires, but fearing wee have been too tedious to detaine your Majestie from your more important affaires, and not being in a present capacitie to manifest our gratitude by a suitable acknowledgment of your constant goodnes, by reason of the great desolations, charges and debts contracted and yet remaining upon us by the late insurrections and outrages of the Indians, wee prostrate at your Majesties feete, and humbly beg the acceptance of the loyal harts of your Majesties most humble subjects and suppliants,

The governor and company of the Massachusets colony in New England.

The magistrates have past this addresse, their brethren the deputyes hereto consenting. Edw. Rawson, Secr.

Boston 10 Octob. 1678.

The deputyes consent hereto, William Torrey, Cleric.

Voted by the whole court mett together, 16.8.78. as now it is amended, Edw. Rawson, Secretary.

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Copy of a Letter from King Charles II. to the Governor, &c. of the Massachusets.

CHARLES R.

TRUSTY and well beloved, Wee greet you well. These our letters are to accompany our trusty and well beloved William Stoughton and Peter Bulkley, Esqrs. your agents, who having manifested to us great necessity in their domestick concernes to returne back into New-England, Wee have graciously consented thereunto, and the rather because, for many months past, our councill hath been taken up in the discovery and prosecution of a popish plott, and yet there appears little prospect of any speedy leasure for entring upon such regulation in your affaires as is certainly necessary, not only in respect of our dignity but of your owne perfect settlement. But it is very probable that if either your said agents had brought commission to intermeddle in such regulation (which they have disowned) or that you had sent such commission after them, when, from time to time, intimations were given them of what wee did expect, and what wee were thereupon willing to grant, neither their stay had been thus long, nor had the matter now been undetermined. Wee must therefore attend a further opportunity for this work and, in order thereunto, our will and pleasure is, that you send out such other fitt person or persons, duly instructed, and send them in six months after the receipt of these our letters, that they may here attend us in the prosecution of the same: For since the charter, by its frame and contents, was originally to be executed in this kingdome* and not in New-England, otherwise than by deputation (as is accordingly practiced in all other charters of like nature) 'tis not possible to establish that perfect settlement wee so much desire, untill these things are better understood. In the mean time, wee doubt not but the bearers hereof, who have demeaned themselves, during their attendance, with good care and discretion, will, from their owne observations, acquaint you with many important things which may be [Page] of such use and advertisement to you that we might well hope to be prevented, by your applications, in what is expected or desired by us, so much it is your interest to propose and intercede for the same; for we are graciously inclined to have all past errors and mistakes forgotten, and that your condition might be so amended as that neither your settlement, or the minds of our good subjects there, should be lyable to be shaken and disquieted upon every complaint. Wee have heard, with satisfaction, of the great readiness wherewith our good subjects there have lately offered themselves to the taking of the oath of allegiance, which is a clear minifestation to us that the unanswerable defect in that particular was but the fault of a very few in power, who for so longe a time obstructed what the charter and our expresse commands obliged them unto, as will appeare in our gracious letters of the 28th of June, in the fourteenth yeare of our reigne; and wee shall henceforth expect that there will be a suitable obedience in other particulars of the said letter, as namely, in respect of freedom and liberty of conscience, so as those that desire to serve God, in the way of the church of England, be not thereby made obnoxious or discountenanced from their sharing in the government, much lesse that they or any other of our good subjects (not being Papists) who do not agree in the congregationall way, be by law subjected to fines or forfeitures, or other incapacities, for the same; which is a severity to be the more wondred at, when as liberty of conscience was made one principall motive for your first transportation into those parts; nor do wee think it fitt that any other distinction be observed in the making of freemen, than that they be men of competent estates, rateable at ten shillings,* according to the rules of the place, and that such, in their turnes, be also capable of the magistracy, and all lawes made voyd that obstruct the same. And because wee have not observed any fruits or advantage by the dispensation granted by us in our said letters [Page] of June in the fourteenth year of our reign, whereby the number of assistants, settled by our charter to be eighteen, might be reduced unto the number of tenn, our will and pleasure is, that the ancient number of eighteen be henceforth observed, according to the letter of the charter. And our further will and pleasure is, that all persons coming to any priveledge, trust, or office in that colony, be first enjoyned to take the oath of allegiance, and that all the military commssions as well as the proceedings of justice may run in our royall name. Wee are informed that you have lately made some good provision for observing the acts of trade and navigation, which is well pleasing unto us.* And as wee doubt not and do expect that you will abolish all lawes that are repugnant to and inconsistent with the lawes of trade with us, Wee have appointed our trusty and wellbeloved subject Edward Randolph, Esq to be our collector, surveyor and searcher, not only for that colony, but for all other our colonies in New England, constituting him, by the broad seal of this our kingdome, to the said employments, and therefore recommending him to your help and assistance in all things that may be requisite in the discharge of his trust.

There is one thing which wee cannot omit to let you know wee are surprized at, which is, that during the time wee had the complaints of Mr. Gorges under our consideration, you should presume, without asking our royall permission, to purchase his interest in the province of Maine, the truth whereof is but lately owned by your said agents, when almost at the same time wee come to heare of some effects of a severe hand layd by you on our subjects there in consequence thereof. And whereas your agents declare you have payd to Mr. Gorges the sume of twelve hundred pounds for the said province, wee do expect, that upon our reimbursement of what it shall appeare you have payd for the same, that there be a surrender of all deeds and writings thereof made into our hands, and that your future agents do bring them over, forasmuch [Page] as wee were sometime in treaty for the sayd province and do disapprove what you have done therein. And as for that part of the province of New-Hampshire lying three miles northward of Merimack river, which was granted unto Mr. Mason, and whereof the government remains still vested in us, you are not to expect (according to the desire of your agents) that the same should be annexed to your government, for wee have it under our consideration to establish such method there as may be of most benefit and satisfaction to the people of that place. And therefore our will and pleasure is, that you do recall all commissions granted by you for the governing within that province, which wee do hereby declare to be voyd, and do require that you do in all things for the future conforme yourselves unto the regulation which wee have taken in this behalfe. And so not doubting of your duty and obedience herein, wee bid you farewell. Given at our palace of Hampton-Court the 24th day of July 1679, and in the one and thirtieth year of our reigne.

By his Majesties command, A. Coventry.

Copy of a Letter from King Charles II. to the Governour and Council of the Massachusets Colony.

CHARLES R.

TRUSTY and well beloved, wee greet you well. When by our royall letters bearing date the 24th day of July in the one and thirtieth year of our reigne, we signified unto you our gracious inclination to have all past deeds forgotten, setting before you the meanes whereby you might deserve our pardon, and commanding your ready obedience to severall particulars therein contained, requiring, withall, a speedy compliance with the intimations of your duty given to your late agents, during their attendance here, all which wee esteeme essentiall to your quiet settlement and naturall obedience due unto us; wee then little thought that those markes of our grace and [Page] favour should have found no better acceptance amoung you, but that, before all things, you should have given preference to the execution of all our commands, when after so many months we come to understand by a letter from you to one of our principall secretaries of state dated the 21st of May last, that very few of our directions had been pursued by your generall court, the further consideration of the remaining particulars having been put off upon insufficient pretences, and even wholly neglecting your appointment of other agents which were required to be sent over unto us within sixe months after the receipt of our said letters, with full instructions to attend our royall pleasure herein in relation to that our government. We have also received the petition of our trusty and well beloved Robert Mason, Esq whose ancestors obtained divers grants and made large purchases of lands in New England, humbly laying before us the state of his further pretensions to the propriety of soyle in a tract of land lying between Merrimack and Nahinkeke rivers, by virtue of a grant bearing date in the nineteeeth yeare of the reigne of our royall grandfather, in the examination whereof the lords of our committee of forrain plantations had made such a progresse that the right of our subjects had been thereupon settled, without the humble intreaty of your said agents, and the consent of the said Robert Mason, that in regard of their suddaine departure and want of power in that behalfe, the determination thereof might be suspended untill the arrivall of other agents to be appointed according to the limitation of our aforesaid letters, as your agents were able to informe you. And although the vindication of our authority, and the demand of justice from one of our subjects, might have well induced to the most speedy meanes of redresse, by doing us and our subjects right; Wee have neverthelesse continued our royall clemency towards you and thought fitt to give you further opportunity of bearing evidence of your duty towards us; so as no further occasion of complaint may be offered in respect of your behaviour. Wee doe therefore, by these our letters, strictly command and require you, [Page] as you tender your allegiance unto us, and will deserve the effects of our grace and favour (which wee are enclyned to afford you) seriously to reflect upon our commands contained in our said letters, and other directions, at severall times, intimated unto your late agents, while they were yet attending our councill; and particularly wee doe hereby command you to send over, within three months after the receipt hereof, such other person or persons as you shall think fitt to choose, and that you give them sufficient instructions to attend the regulation and settlement of that our government, and to answer your proceedings therein, and, that the matter of the complaints of the said Robert Mason may be then determined, wee expect that your agent or agents be not only prepared to lay before us such evidences of right as you may have to the propriety of soyle in that tract of land claymed by him, but wee direct you also to make a publick signification of our pleasure unto all the inhabitants and tertennants thereof, that they doe furnish at the same time your said agents, or such others as they may depute, with the proofs of their respective titles to the land possessed by them, to the end they may be fully sattisfied in our royall justice, that they have not binn prevented in the full improvement of their lawfull defence, which wee hereby direct them to make before us in councill. Such is the care and tendernesse that wee will alwayes continue towards you and other our subjects, by removing those difficulties and mistakes that have arisen by the execution of the powers of your charter at such a distance from us, which by the first intendment and present constitution thereof (as by the charter appears) has its naturall seate and immediate direction within our kingdome of England, and that the due observance of all our commands above-mentioned may not be any longer protracted, wee require you, upon the receipt hereof, forthwith to call a generall court, and therein to read these our letters and provide for our speedy sattisfaction; in default whereof, wee shall take the most effectual meanes to procure the same. And so wee bid you farewell. [Page] Given at our court at Newmarket, the 30th of September 1680, in the two and thirtieth year of our reign.

By his Majesties command, Sunderland.

The superscription was,

To our trusty and wellbeloved the governor and magistrates of the Massachusets colony in New England, now and for the time being.

That this is a true copie taken and compared with the orignall on file, attests Edw. Rawson, Secr.

Copy of Mr. Randolph's Representation of the Bostoneers, 1680.

To the Kings most excellent Majesty, The humble representation of Edw. Randolph, Humbly sheweth,

THAT your Majesty was graciously pleased, in March 1675-6, to intrust him with your royal letters to the governor of Boston in New-England, and also commanded him, upon severall queries, to informe your Majesty of the present state of that government.

In all humble obedience to your Majestyes royall command, he hath reduced his information to these following heads, viz.

1. That the Bostoneers have no right either to land or government in any part of New-England, but are usurpers, the inhabitants yielding obedience unto a supposition only of a royal grant from his late Majesty.

2. They have formed themselves into a commonwealth, denying any appeals to England, contrary to other plantations, do not take the oath of allegiance.

3. They have protected the murtherers of your royal father, in contempt of your Majestyes proclamation of the 6th June 1660, and your letter of 28th June 1662.

[Page]4. They coyne money of their owne impress.

5. They put your Majestyes subjects to death for religion.

6. In 1665, they did voyalantly oppose your Majestyes commissioners in the settlement of New-Hampshire. In the year 1666, by armed force, turned out your Majestyes justices of peace in the province of Maine in opposition to your Majestyes authority and declaration 10th April 1666.

7. They impose an oath of fidelity upon those that inhabit within their territories to be true and faithful to their government.

8. They violate all the acts of trade and navigation, by which they have ingrossed the greatest part of the West India trade, whereby your Majesty is damnified in the customes £. 100000 yearly, and the kingdom much more.

All which he is ready to prove.

Copy of Edward Randolph's Articles of high Misdemeanor exhibited against the General Court sitting 15th February 1681.*

Articles of high misdemeanour exhibited against a faction in the generall court, sitting in Boston, 15 Feb. 81. viz. against Tho. Danforth, Dan. Gookin, Mr. Saltonstall, Sam. Nowell, Mr. Richards, Mr. Davy, Mr. Gidney, Mr. Appleton, magistrates. And against John Fisher, Elisha Cook, Tho. Brattle, Anthony Stodder, Bathurst, Hathorn, Wait, Johnson, Hutchinson, Sprague, Oakes, Holbrook, Cushion, Hammond, Pike, deputys &c. By Edward Randolph, collector, &c. of his Majesties customs in New-England.

I. THAT the said faction, the governor not consenting thereto, have refused to publish his Majesties proclamation of the 24th of November in the 23d year of his reign, sent by his Majesties special command, and received by this government in October 1680, which enforceth the act made in 25th year of his Majesties reign.

[Page]II. The said faction have refused to declare and admit of his Majesties letters pattents bearing date at Westminster 15th October, in the 33d year of his reign, erecting an office of collector, &c. of his Majesties customs in New-England, and of the powers granted to his Majesties officer by the same, tho' often pressed thereunto, in the generall court, by the governour, Major Dudley and severall of the magistrates of the colony.

III. The said faction have refused to pay me severall summes of money which I was forced to deposit in court before I could proceed to triall of causes relating to his Majesty's concerns, by virtue of an order of court made October 1. 1681, no law of this colony directing the same, though by his Majesty's royall letters of Octob. 21. 1681, they are particularly required thereunto.

IV. The said faction, under pretence of satisfaction of his Majesty and regulating the trade of this colony, in opposition to the said officer of collector of his Majesty's customs, have confirmed the place and powers of the collector of the customs and imposts laid upon wines and strong waters imported into their colony, set up by a law made in their colony in 1645, their present navall officer, having been chiefe collector of these dutyes above a yeare before this navall office was ordered, as by their law, navall office, doth appeare.

V. The said faction continue to exercise the power of governor and court of assistants, which, through the inadvertency of former governors, the court of deputyes have assumed, to heare, repeale and determine in civill causes, which, for want of education and being under no particular oath, they are uncapable to manage: so that by their numbers outvoting the governor and court of assistants, his Majesty's subjects greatly suffer in their estates, and besides, there is no such power granted them in their charter.

VI. The said faction have neglected to repeale all laws of their colony contrary to the laws of England, though required thereunto by his Majesty's letters of 28th of Feb. 1662, and the observance thereof promised by their agents [Page] at that time; and also by particular direction from the right honourable the Lords of the committee of trade and plantation to their late agents in 1678, by which meanes coining of money (acknowledged in their agents petition to his Majesty a great crime and misdemeanor, who then craved his Majesty's pardon to the government for the same) is continued to this day, &c. Also their laws ecclesiasticall continued, &c.

VII. The said faction have refused to admit of his Majesties letters pattents beating date at Westminster 19th of May in the 32d year of his Majesty's reign, granted to William Blathwait, Esq erecting an office of surveyor and auditor generall of his Majesties revenues arising in America, and do appropriate to themselves the fines, forfeitures, &c. which appear by the said letters pattents to belong to his Majesty, and they make the condition of all recognizances and penall bonds payable to the treasurer and not to the King.

Copy of a Letter from the General Court to Sir Lyonell Jenkins, one of his Majesty's principal Secretaries of State.

Right honorable,

HIS Majesties great goodnes and favour in giving us a farther opportunity to attend him in the affaires of this his colonie expressed in his gracious letter of [...] wee with most humble thankfulnes acknowledge. And that wee may not be reflected upon as those that make very unsuitable returns thereunto, wee have taken the boldnes to trouble your honour with the following account of our proceedings; whereby wee hope soe great an infelicity may be prevented, and which though it may seeme late, yet is by the first from hence, except one ready to saile, when his Majesties commands were received by us.

[Page]Upon the receipt of his Majesties said letter (though at a season, in regard of the extremity of the cold and snow, very difficult for the members, especially those remote, to assemble in) the governour forthwith summoned a general court; which being met January 4th and his Majesties letter communicated with all duty and regard, the contents thereof were taken into serious consideracion.

And, in the first place, wee applyed ourselves to the choise of agents that they might have timely notice and, accordingly, so prepare themselves for that service as to be ready to imbarque upon the first opportunity.

Wee considered of instructions for them, wee carefully perused our whole booke of lawes, pursuant to the exceptions made to some of them by Mr. Atturny and Sollicitor generall when our late agents were attending his Majestie and their information given us, since their returne home, wherein wee have made a considerable progresse towards a conclusion.

But so it is, right honourable, that wee find it no easy matter to prevaile with persons, in any degree qualifyed, to undertake such a voyage at this time; and though several elections have been made, wee have not as yet obtain'd the consent of any.

The present calamity of others of this country, now slaves in Algier (and one of them an agent from one of his Majesties colonies here) not yet ransomed, does greatly discourage, especially such as live in good credit and condition.

And truly, Sir, should persons under such a character be taken, wee have cause to beleeve their ransome would be so high as that it would be hard for us to procure it amongst a poore people yet labouring under the burthen of the arreares of our late warre with the Indians and other extraordinary charges not yet defrayed.

Sir, Wee doe not urge this as that which hath kept us from our duty, but only as an inconvenience that meets us in the discharge of it.

Wee doe not take ourselves to be disobliged; wee have not departed from our resolutions: But hope the premises [Page] considered (without mentioning other ill circumstances which wee are attended with in this affaire) that the lapse of time will not be reflected upon as proceeding from the want of loyalty and allegiance in us, which wee humbly professe that wee will always beare to his most sacred Majestie: And will the rather hope for his Majesties pardon herein, for that we understand his Majesties time is yet taken up in those weighty affairs (especially relating to the horrid and execrable popish plot) which were the chiefe occasion of his dismission of our former agents. So that we have ground to feare that our attendance at present may be troublesome to his Majestie and unprofitable to ourselves.

Right honourable, Wee humbly pray that this our addresse may be accepted and taken in good part by your honour, and that you will please to favour us, his Majesties most dutifull and obedient subjects, with the representation of our present condition herein contained; that wee may not incurre his Majesties displeasure, nor be thought regardlesse of his commands, whereunto wee have been assembled in general court, endeavouring to give evidence of our obedience.

Herein you will forever oblige to pray for your happines.

Dated in Boston in New-England, 3d June 1681.

Right Honourable, Your most humble servants.

And was directed, To the Right Honourable Sir Lyonell Jenkins, one of his Majestyes principal Secretarys of State. These humbly present.

Agreed by the committee, that this letter be directed to Sir Lionel Jenkins, one of his Majesties principall secretarys of state.

The deputyes doe aprove of this returne desiring our honnoured magistrates to consent unto it.

Richard Sprague, per order. Consented to by the magistrates, Edw. Rawson, Secretary.

3 June 81.

[Page]

Copy of a Letter from Edward Randolph to the Bishop of London.

My Lord,

IN my attendance on your Lordship, I often exprest that some able ministers might bee appoynted to performe the officies of the church with us. The maine obstacle was, how they should be mainetayned. I did formerly, and doe now propose, that a part of that money sent over hither and pretended to bee expended amongst the Indians, may be ordered to goe towards that charge. I am told by credible persons that there is nigh two thousand pounds of that money put out to interest in this country, I know two hundred hath bin for many yeeres in the hands of Mr. Rawson, their secretary, who is now pressed for to pay the money, to his utter ruin. Necessity, and not duty, hath obliged this government to send over two agents to England; they are like to the two consuls of Rome, Cesar and Bibulus. Major Dudley is a great opposer of the faction heere, against which I have now articled to his Majesty, who, if he finds things resolutely manniged, will cringe and bow to any thing; he hath his fortune to make in the world, and if his Majesty, upon alteration of the government, make him captain of the castle of Boston and the forts in the colloney, his Majesty will gaine a popular man and obleidge the better party.

But if, whatever I have said and proved against, and even confessed by their former agents, their money raised upon the miserable inhabitants shall still prove a prevailing argument, and the agents be dismissed before every matter concluded in England bee certified to bee duly and punctually observed heere, you will render them more capable to oppose his Majestys authority.

I have reason, from such great pressing reasons to pay in this 200l. to believe that this money is a banke layd up heere upon mannaging some publick designe. There was [Page] a great difference betwixt the old church and the members of the newchurch, about baptisme and their members joyning in full communion with either church; this was soe high that there was imprisoning of parties and great disturbances, but now, heereing of my proposals for ministers to be sent over, for they have very good correspondancy with some of the clarks of the councell, they are now joyned together, about a fortnight ago, and pray to God to confound the devices of all who disturbe their peace and liberties. I have made it an article against them, for not repealing their lawes ecclesiasticall, and sent in my papers to Mr. Blackworth a large account of their latter transactions, to which I humbly beseech your Lordship to be referred and to be present at the committys making a party against their great friend L. P. S. who cannot withstand their weighty arguments. They have bin this 3 yeeres raising money for this expedition, their last agents expended above 4000l. in their agency, the poore people must pay all, for by their law neither magistrates, ministers or any publick officers are charged with any publick rate. These agents have certaynly one great advantage by my absence, haveing liberty to say what they please; but I thinke I have so cleerly layd downe the matter of fact, sent over their lawes and orders to confirme what I have wrote, that they cannot deny them; however, if commanded, I will readily pass the seas to attend at Whitehall, especially if Danford, Goggin and Newell, majestrates, and Cooke, Hutchinson and Fisher, members of their late generall court and great opposers of the honest governor and majestrates, be sent for to appeare before his Majesty, till which time this country will always be a shame as well as inconveniency to the government at home. Your Lordship hath a great pledge for such ministers as your Lordship shall thinke convenient to send over, for their civell treatment, and I thinke no person sitter than Major Dudley, their agent, to accompany them, who will be very carefull to have them settled as ordered in England. He is one of the commissioners for the money sent over for [Page] the converting the Indians; I give him two or three lines to recommend him to your Lordships favour, soe far as he may bee serviceable to the designe; as for Capt. Richards, he is one of the faction, a man of meane extraction, coming over a poore servant, as most of the faction were at their first planting heere, but by extraordinary feats and coussinadge have gott them great estates in land, especially Danford, so that if his Majesty doe fine them sufficiently, and well if they escape soe, they can goe to worke for more. As for Mr. Richards, he ought to be kept very safe till all things tending to the quiett and regulation of this government be perfectly settled. I give your Lordship my humble thankes for the great present of excellent bookes. I have disposed of them to advantage and, with my wife, are cryed out upon as disturbers of the peace of the churches, for bringing in damnable bookes. We have in Boston one Mr. Willard, a minister, brother to Major Dudley, he is a moderate man and baptiseth chose who are refused by the other churches, for which he is hated. My Lord, we heere the slaves in Algier are all to be redeemed, that I bouldly write itt that the settlement of this country and putting the government into the hands of honest gentlemen, some or which are already in the majestracy, and discountenancing utterly the faction, will be more gratefull to us, for now our conciences as well as our bodys are in captivity to servants and illiterate planters. My Lord, your goodnes and readines to serve his Majesty in the settlement of this great plantation, invites me, upon all occasions, to interpose your Lordships more weighty affayres, but since wee are heere immediately under your Lordships care, I with more freedome press for able and sober ministers, and wee will contribute largely to their maintenance, but one thing will mainely helpe, when no marriages heereafter shall be allowed lawfull but such as are made by the ministers of the church of England. I humbly crave your Lordships blessing and remaine

Your Lordships most obedient servant, Ed. Randolph.

1682 May 29th.

[Page]

My Lord, I cannott forgett that the Lords of the committee for trade moved his Majesty to add to my sallery of 200l. a yeare, the yearely sume of one hundred more for my incouradgment. I have a great fammyly to mayntayne, have had great losses and expences about his Majesties service heere, all which, I hope, will be taken into consideration; for if his Majesty be now resolute, I question not, but without aney further charge to his Majesty, the whole settlement of the country will be effected.

E. R.

Copy of a Letter from Mr. Randolph to the Earl of Clarendon.

Boston, June 14th, 1682.

Right honourable,

I Wrote your Lordship largely by Mr. Foy, which I hope is come to your Lordships hands. Our agents are sayled from hence about a fortnight ago. Wee heare, Maj. Dudley, one of them, is very sick of a feavor and not like to hold out the voyage, Mr. Richards, the other, one of Danforths faction and a great opposer of the governor, will, upon Maj. Dudleys death, have an opportunity to say what he pleaseth, in defence of the severall misdemeanors objected against them and their faction.

They have been these 2 yeares raysing money upon the poore inhabitants, to make friends at court, certainly they have some there, too nigh the councill chamber, otherwise they could not have coppies of my petition against their government, my articles of high misdemeanures against Danforth, and now of Mr. Cranfields instructions and negotiations in the province of New-Hampshire.

I heartily congratulate the happy returne of his Royall H. my gracious master, to Whitehall, the news whereof and of his Majesties bringing quo warrantos against several charters in England, and of Mr. Cranfields being constituted [Page] governor of New-Hampshire, puts the faction in a great perplexity; their generall court hath sett above a month, and made only the inclosed law, and appointed a fast throughout the government. I am confident, if his Majestie had bene pleased, at the same time he made Mr. Cranfield governor, to bring a Q. W. against their charter and made him governor of this collonie, they would thanckfully receive him, especially upon declaring liberty of conscience in matters of religion; but so long as their charter remaines undisturbed, all his Majestie saith or commands signifies nothing here. The governor is very much troubled that the faction will not hearken to reason; he endeavoured to have their navall office (sett up in opposition to my letters pattents) taken away this generall court, and have all the acts of parliament relating to trade declared and published, but the faction are resolved to doe nothing to oblige the governor or answer his Majesties expectations. His Majesties quo warranto against their charter and sending for Tho. Danforth, Sam. Nowell, a late factious preacher and now a magistrate, and Dan. Fisher and Elisha Cooke, deputies, to attend and answer the articles of high misdemeanures I have now exhibited against them, in my papers sent Mr. Blaithwait per Capt. Foy, will make the whole faction tremble. I was very much threatned for my protest against their navall office, but it was at a time when they heard of troubles in England; but, since, I am very easy, and they would be glad to heare no more of it. His Majestie commanded them to repay me the money they tooke from me by their arbitrary orders, which the faction would not heare of, I have therefore arrested Mr. Danforth for 10l. part of that money, and their treasurer, Mr. Russell, for 5l. due to me for a fine, and I am to have a tryall with them. I humbly beseech your Lordship that I may have coesideration for all my losses and money laid out in prosecuting seizures here, in the year 1680. If I may not have it out of his Majesties treasury in England, that the heads of this faction here may be strictly prosecuted and fined for their treasons and misdemeanures, and my [Page] money paid out of their fines. My Lord, I am at a great disadvantage, by reason of my distance from court, and in no condition to sollicite his Majesties concernes and the good and wellfare of this colony, as formerly, I well remember, business with your Lordship, as with other Lords of the councill, sometimes intervenes, which hath occasioned not only delays but quite alters the face of things, especially when a committee of Lords meete, who are not acquainted with the whole series of this affaire: It is therefore my humble request to your Lordship to move that 2 or 3 committyes may be appointed for this matter, when your Lordship, my Lord Hide, and Mr. Chancellor of the Exchequer, may be present, and the whole matter of fact examined and stated. I know the agents, at least one of them, will confess what is charged upon their government, as their former agents did, in their petition to his Majestie, which is a standing evidence against them; but if that be not sufficient ground to avoid their charter, together with the misdemeanors charged upon them, on which your Lordship hath the opinion of Sir Wm. Jones, if his Majestie please to direct Gov. Cranfield to examine the last articles against the faction, there will be reason not only to vacate their charter but to send over a prudent gentleman to be generall governor. If the party were so considerable as to revolt, upon his Majesties resolution to settle this plantation (as hath been sometime suggested) their first worke would be to call me to account, for endeavouring, openly, the alteration of their constitution, which by their law is death, but they dwindle away and are very much divided, magistrate against magistrate, the one hoping, the other fearing a change. My Lord, I have but one thing to reminde your Lordship, that nothing their agents can say or doe in England can be any ground for his Majestie to depend upon: Be pleased to remember, from the time your Lordships honorable father, the late Lord Chancellor, engaged with their agents, in 1662, who undertooke and assented to every thinge his Lordship proposed for his Majesties honour and the benefit of his subjects here inhabiting, [Page] nothing but open contempt, of all his Majesties commands, with small evasions and tricks, have followed, and worse may be daily expected, if it be left to them to regulate the abuses complained of. My Lord, one unhappy (if not willfull) mistake hath very much promoted these mischiefs, his Majestie hath been represented to this people very low in his treasury, unable and unwilling to give them any disturbance, though never so much provoked to it, which is here believed, when to this day their contempts putt upon his Majesties commission and commissioners in 1664, his Majestie not calling them to account for refusing to send over Bellingham and Hathorne, when commanded upon their allegiance to attend at Whitehall by his Majesties letter of 1666, no not so much as the least notice taken of it in any of his Majesties letters at any time since to this government, and on the other hand, by a certain deceptio visus, these people have been represented to his Majestie as a very dutifull and loyall people, that they are a great people and can raise great forces, besides that they have been at vast charges and expences in subduing a wildernesse and making a great country, without any charge or expence to the crown. Its true there are many loyall subjects here, but few of them in any places of trust. Their forces are very inconsiderable, more for shew than service. I will engage with 500 of his Majesties guards to drive them out of their country. And for their expences, I know very few now living, nor their children, who were at that charge. Mr. Dudley, one of the present agents, was one of the first planters and a gentleman, came over with a good estate, but the first adventurers are either all dead and their children drave out of all, by their fathers servants, or else so few and inconsiderable that no notice is taken of them; and as for all the persons joyned and concerned in the faction here, I know but one man who was not a servant or a servants son, who now governe their governor and the whole country.* I beseech your Lordship [Page] to pardon my long New England discourse, and believe me, in all this, to aime at his Majesties honour and the good of this plantation, where, by his Majesties goodness and your Lordships favour, I am now become an inhabitant, and remaine

E. R.

My Lord, After your Lordship hath perused the inclosed, if any thinge occurr therein which may be of service, whilest the affaires of this colony are transacting, be pleased to send it to Mr. Blaithwait, that the necessaries may be communicated, if required. In the inclosed law, they call the money coyned in this colony. New England coyne, engageing the whole plantation in the matter of their mint and thereby bespeaking the influence this small government would have over all the neighbouring colonys, but their ambition will shew itself upon all occasions; however, if they cannot conceale what they aime at, lying under such circumstances, they will take a time effectually to demonstrate what they have been for many yeeres, designing, that is, the generall government over the whole plantation, which, indeed, is absolutely necessary on his Majesties behalfe, but not to be managed by them.

E. Randolph.

Copy of a Letter from Mr. Edward Randolph to the Lord Bishop of London.

Boston, July 14th 1682.

My Lord,

I Gave your Lordship the trouble of mine of 29th of May last, which I hope is long since received. Wee have advice by Capt. Barrett, now arrived from London, that your lordship hath remembered us, and sent over a minister with Mr. Cranfield, the very report hath given great satisfaction to many hundreds whose children are not baptized, and to as many who never, since they came out of England, received the sacrament. I wrote your [Page] lordship of our two agents coming over to attend and receive his Majesties commands, they have large commissions to promise as much as any of their former agents, and have credit for large sumes of money to purchase (if they can) what their promises cannot obtaine, but I hope nothing will be concluded upon, and they thereupon permitted to returne home, till his Majestie have full assurance from governor Cranfield that all things are here duly performed which are expected and commanded to be done in this collonie. But nothing will so effectually settle this government on a firme dependence upon the crowne as bringing a quo warranto against their charter, which will wholly disinable many, now, great sticklers and promoters of the faction among us from acting further in a publick station, especially those against whom I have exhibited the inclosed articles sent in my last to Mr. Blathwait.

My Lord, I am at a great distance and so not able personally to attend and sollicite in this affaire as formerly, but in regard the matter is more easy to be effected, I thinke it unnecessary, yet in regard its absolutely necessary for his Majesties service and advantage to the crown to have the whole plantation settled upon the true basis of duty and allegiance, I had rather take a voyage to England, if commanded, to make out my allegations, than to have this matter passed over and hursht up upon bare pretences and promises. I confesse my particular businesse is to take care of the trade of this country, I dayly expose myselfe to many hazards and troubles, but all I have done or can project is to little purpose, so long as this government (now sufficiently divided) which the lawes of England enjoyne to my aide and assistance, are parties and chiefe obstructers of my designs, for till this government be thoroughly regulated, all that his Majestie commands will signify nothing. This independency in government claimed and daily practised by us is one chiefe occasion of the many mutinies and disturbances in other his Majesties forreigne plantations. If wee are misinformed concerning your lordship's sending [Page] over a minister, be pleased to commiserate our condition, and send us over a sober discreet gentleman. Your lordship hath now good security, so long as their agents are in England, for his civill treatment by the contrary partie; he will be received by all honest men with hearty christian respects and kindness, and if his Majesties lawes (as none but fanaticks question) be of force with us, wee could raise a sufficient maintenance for divers ministers out of the estates of those whose treasons have forfeited them to his Majestie. I have wrote to the Earl of Clarendon, to Mr. secretary Jenkins, to remind them of the many small evasions and tricks putt upon his Majestie and the lords of the councill by this inconsiderable faction, whose so long delayed punishment and reformation, invites and incourageth to greater contempts. I question not but your lordships unspotted loyalty to his Majestie, and charitie to us his dutifull subjects, will now engage your lordship timely and vigorously to assist, so to reduce this faction, as to put it absolutely out of their power to attempt the like for the future. Our ministers hope God will support them in all their extravagancies, and now wee have a sollemne fast ordered to intreate the Lord to give our agents favour in the eyes of the King, and with all they are to be concerned. Serjeant Maynard, his Majesties serjeant at law, hath made a present of eight chests of books, now sent over to the colledge at Cambridge, by Capt. Barrett, and consigned them to Capt. Richards, one of the agents sent to England. They are valued at above 400l. I finde his marrying Mr. Bantries neece will oblige him to stand up for the good old cause, and to assist the agents, who amongst other matters, are to represent me as an enemie to this government, and an open disturber of their peace. I heartily beg your lordships blessing, and remayne,

E. R.

[Page]

Copy of the Bill for Nomination of Magistrates.

Boston, 10th April 1683.

The Bill for nomination of Magistrates for the year ensuing.

Simon Bradstreet, Esq 1194

Tho. Danforth, Esq 1246

Daniel Gookin, Esq 1187

John Pynchon, Esq 1212

Will. Stoughton, Esq 1172

Joseph Dudley, Esq 1226

Peter Bulkely, Esq 1206

Nath. Saltonstall, Esq 1014

Hump. Davie, Esq 1183

John Richards, Esq 1219

Samuell Nowell, Esq 1176

Will. Browne, Esq 0802

James Russell, Esq 1187

John Hull, Esq 0910

Peter Tilton, Esq 1154

Barth. Gidney, Esq 1091

Sam. Appleton, Esq 1113

Robert Pike, Esq 1044

Capt. Daniel Fisher 583

Mr. John Woodbridge 354

Capt. John Wayte 354

Lieut. William Johnson 333

Lieut. Edm. Quinsey 247

Mr. Elisha Cooke 230

Capt. Elisha Hutchinson 128

Capt. William Torrey 123

To the Constable of

The twenty six persons above named had the most votes for magistrates or assistants for the yeare ensuing, who are therefore to be nominated, and they only, at the next court for elections, which you are timely to signify to the freemen of your town as the law directs. The number of votes for each person is added.

[Page]

Copy of a Letter from Mr. Edward Randolph to Mr. Joseph Dudley.

Sir,

I Have yours of Sept. 10th by me and am now to give you the news of your charter being vacated, by judgment, for non-appearance. His Majesty has chosen Coll. Kerke, late governor of Tangier, to be your governor. He is a gentleman of very good resolution and, I believe, will not faile in any part of his duty to his Majesty nor be wanting to doe all good offices for your distracted colony, if, at last, they will hear what is reason and be governed. Here was sent over a most scandilous paper, preached, as tis said, by Mr. Moody and Mr. Mather; the Duke of Yorke hath a copy of it, and others have coppies also; twill doe your country great prejudice and put jealousies into the minde of the councel here, as if the collony would not abide by the judgment against their charter, but stand up to defend their liberties. My business has been and shall be to ward off as much as I can. And if, by the iniquity and folly of your ministers and majestrates, you faile of what was expected, the whole blame will rest upon themselves. The King sent me over to Holland, to inquire after the irregular traders; 3 or 4 had been there, and they were gone before my coming. I returned back a fortnight after judgment was given and would have been glad to have seen Sir Edmund Andrews in England, who is yet in Guernsey. I question not but you will have reports, as if a great fleet of ships, with regements of horse and foote, are coming against you, but I know of no such thing, only, I believe, a frigott or two will attend the governor, who is leftenant of one of his Majesties regiments of guards and one of the bed chamber. I remember what you advise, that the government be, in the first place, transposed and committed to the care of fitting persons upon the place to prepare and accommodate affairs against the arrival of the governour. I am not wanting to press for liberty of conscience and confirmation of all your rights and possessions, and have nominated, according to what was [Page] agreed betwixt you and myselfe, persons for the councill, and disswade all I can from raising any rates upon the peo-to support government, more than what has been usual with you. The King has been pleased to make me secretary and register of New-England. I have nominated you for the King's receiver generall of all New-England, which will be a place of profit. I had other things to propose on your behalfe, but that must attend a farther opportunitie. Respects to the governor and his lady, madam Taylor, Mr. Stoughton, Mr. Bulkeley, Mr. Page and his lady, and all friends. Its yet very uncertain whether processe will issue out against Rhode Island and Connecticut collony to bring in both them before the governour come over, or to do that afterward in case they refuse to submit to a general governour, as yet nothing has been discovered of it. A committee of Lords but saturday next is appointed for that busines. Dr. Cox is well and so is Mr. Boyl and all your friends, amongst whom I desire to be recorded, because I am Sir,

Your faithfull friend, and engaged servant, &c.

9th 11. 84. W. H.

Copy of the Bill for Nomination of Magistrates.

Boston, Aprill the 13th, 1686,

Simon Bradstreet, Esq 1144

Thomas Danforth, Esq 1052

Daniel Gookin, Esq 1002

John Pynchon, Esq 1097

Wm. Stoughton, Esq 656

Joseph Dudley, Esq 619

Peter Bulkley, Esq 475

Nath. Saltonstall, Esq 852

Humphry Davie, Esq 1127

John Richards, Esq 896

Samuel Nowell, Esq 1203

James Russell, Esq 1095

Peter Tilton, Esq 1125

Bartholmew Gedny, Esq 387

Samuel Appleton, Esq 1129

Robert Pyke, Esq 1113

Elisha Cooke, 1121

Wm. Johnson, Esq 872

John Hathorne, Esq 983

Elisha Hutchinson, Esq 978

Samuel Sewall, Esq 868

Capt. John Smith, 619

Mr. Isaac Addington, 510

Mr. Oliver Purchas, 507

Capt. Daniel Pierce, 474

Capt. John Blackwell, 331

[Page]Mr. John Woodbridge. 325

Capt. John Phillips of Charlest. 307

Lt. Tho. Thurston of 207

Capt. Daniel Epes of Ipswich, 146

Mr. Sam. Partridge of Hadly, 176

Mr. Wm. Brown, sen. of Salem, 99

Copy of a Letter from Mr. Edward Randolph to the Right Hon. the Lords of the Committee for Trade and foreign Plantations.

July 28. 1686.

May it please your Lordships,

PURSUANT to his Majestyes order in council of the 13th July 1685, directing Mr. Attourney Generall to cause writs of Quo Warranto to be brought against the charters of the colonys of Rhode Island and Connecticot in New England, I accordingly served these writts, tho' by a tedious passage of almost 6 months from London to this place, the time of their returne was lapsed. However, the governor of Connecticott, upon my delivering the writt to him at Harford, on 21st instant, has appointed a meeting of the generall courte of that colony to be called together to surrender their charter to his Majestie, if not perswaded by the factious people (who are unwilling to depend on his Majesties favour) to stand a triall, only to gain time and delay his Majesties sending over a generall. Upon my delivering the governor of R. Island the summons of the writt, he assembled the freemen, and they have drawne a petition and address to be forthwith humbly presented to his Majestie.

I intended, long before this time, humbly to lay before your Lordships a more early account of the present state of this government, but have forbore, to wait the effect his Majesties gracious commission and constitution of government, containing libertie of conscience, would have upon [Page] the people of this colony, which, at my first arrivall, was received with all outward shew of satisfaction and a compliment of gratitude was returned his Majesty for that favour; but since, the proceeding of the governor and councill, whatever they write or pretend in their letters to their Lordships, are managed to the incouragement of the independant faction and utter discountenancing both the minister and these gentlemen and others who dare openly profess themselves to be of the church of England, not making any allowance for our minister, more than we rayse by contribution amongst ourselves. The frame of this government, only, is changed, for our independant ministers flourish, and expect to be advised with in publick affaires. I need no further arguments to confirme the truth hereof to your Lordship than to say, but two of the present members of the government, viz. Mr. Mason and myselfe, are members of the church of England, that of above 60 officers in the militia of the whole government, there are not above 2 captains, or 3 inferior officers, but are either church members or such as constantly frequent those meetings, which makes nonconformists from all places resort there. About 2 months agoe Mr. Morton, an excommunicated minister, came hither from Nuington green; he was welcomed by our president and designed to be master-head of our colledge, but not daring to proceed, at first, by such large steps, he is called to be minister at Charlestowne, a very good liveing, and is ready at hand to be president of the colledge.

Two brothers, of the name of Baylie, great and daring nonconformists at Lymbrick in Ireland, have been here 2 yeares and well provided for. In the time of Monmouths rebellion, most part of the ministers animated the people, saying the time of their deliverance was at hand, and not one of them prayed for his Majestie, nor would give credit to his Majesties most gracious letter, signifying the overthrow of the rebells. I humbly propose, as greatly for the quiet and wellfare of this plantation of New-England, that no minister from England be permitted to [Page] land without the licence of the generall governour, and that he have power or licence to restrain from preaching such as are already upon the place. From all which it will appear very necessary that his Majesty would be graciously pleased to send over to us a generall governour, to unite and settle this distracted country, and also to make good what is already begun in this colony, the delay whereof may be of evil consequence and give way for the factious people here to reassume the government, which they openly declare they have not parted withall, but expect an opportunity to be restored.

And as to the discharge of that trust reposed in me, I humbly represent to your Lordships, that under his Majesties authority the president takes great liberty to injoyne upon me in my station, and would not assist me to make a seizure of a vessel in the harbour, which my officers were not permitted to board. I am by all accounted the foule enemy of the country, having been for 11 yeares attending his Majesties command in this affaire, and by serving the writts upon the other colonies, my life may be made very uneasy, unless his Majesty shall be pleased graciously to recommend me to the care and protection of his generall governour, for whose speedy arrivall all good men heartily pray.

All which is humbly submitted, by your Lordships most humble servant, E. R.

Copy of a Letter from Mr. Edward Randolph to Mr. Blaithwait.

Boston, July 28th, 1686.

Sir,

INCLOSED is a letter sent some time since from the government of Road Island, they call it a surrender of their charter. I have since the receipt of it called on them in my way to Hartford in Connecticott, the governor tells [Page] me they will pass a surrender in fuller tearmes under the seale of their colony, but are willing to have this sent. I was with the governor of Connecticott and delivered to him the quo woranto. I suppose they intend not to stand it out, our councill have sent Major Pincheon and Capt. Winthrop to Hardford to perswade them to accommodate the matter, so as they may be added to the government here; how farr that will prevaile I know not; they are sensible of Mr. Dudleyes encroachment on all and every side, and are unwilling to trust him, and are strongly invited to come under New Yorke, but it is more for the publick advantage to have that colony continued to us. Since my goeing to Hartford, the president has so contrived the matter that Capt. George has received above two hundred pounds mony which legally belongs to me who, as collector and informer, ought to be admitted to prosecute a ship laden with Scotch goods, but its all as Capt. George pleases, the president and he carry all as they please, to the greate dissattisfaction of the members of the councill, that now instead of meeting to do publick business, tis only to quarrill and that in such heats that I feare it will occasion the desolving this government. I am forced to moderate others passions (tho' I have most cause to complaine) and quietly to suffer my proffitts to be shared out amongst others till Sir Edmund Andros come over; he is longed for by all sober men who find themselves abused by the false president. Mr. Wharton is comeing over our agent, I have offered Mr. Mason at least to be joined with him, but I think I cannot gett it to pass.

There will I fear be an eruption betwixt the French of Nova Scotia and our people in Mayne and New Hampshire, occasioned by Capt. Palmer and Mr. West of New Yorke, who being at the fort of Pemmequid and haveing advice of a ship of Piscattaqua which landed wine at Ponopscutt belonging, as they say, to Nova Scotia, they by force went ashoar and took of the wine: I referr you to the inclosed, a copie of Mr. Palmers letter: The governor of New-Yorke I am told has given them directions to [Page] claim all the land as farr eastward as the River St. Croix. We have sent to all places to warne our people and to the fishermen, not to venter upon their coasts, least they be surprized, and made to answer for damages done by strangers. Just now I have received a letter from my good friend Mr. Chaplin, who acquaints me of your happy recovery from a dangerous sickness, for which I returne hearty thancks to allmighty God. Mr. Stoughton is inclined to the nonconformist ministers, yet stands right to his Majestyes interest. Mr. Usher is made a great criminall for informing against Moody and Allin, who are stirring up the people to rebellion, he is a just honest man, and will not see his Majestyes interest suffer. But we are over voted and cannot help our selves till Sir Edmund come to regulate the matter. Sir, I am under great difficultyes, and were it not for my ingagement in the business of the masts, I would once more make a journey over, for I am treated by Mr. Dudly worse than by Mr. Danforth, yet all under the pretence of friendship, and is angry that I do not believe him. Honest Major Buckly is quite tyred out and can hardly be perswaded to come to Boston. This is our present distracted condition. Wee have only patience and our friends assistance to depend upon in England for redress.

I remaine, Sir, &c.

Sir, I am informed that the land wheron the wine was landed have been allwayes deemed to belong to the French and was the very place formerly belonging to Sir Thomas Temple, and was delivered up to the French upon the articles of Breda by Capt. Wibourne, by his Majesty's speciall command, in exchange for the English plantation on St. Christophers and that done about the yeare 1667.

Sir, Some of the members of the councill are of opinion that since the constitution of this government is by a president and councill, who united are all but governor, that therefore they ought to have a proportionable share of the profitt as well as the charge and burthen, haveing not one penny comeing to them as members of the councill more then to any justice of the peace; some stay here five [Page] or six weeks together and neglect their own business, and have nothing to defrey their ordinary charges, besides loss of time, which they have desired me to represent and pray your opinion thereupon, as also whether the president is virtute officii the ordinary to grant administrations and to allow the probate of wills, he producing no authority from his Majesties lords of the councill, or from my lord of London.

Copy of a Letter from Mr. Randolph to the Archbishop of Canterbury, 1686.

May it please your Grace,

I Have forborne riteing to your grace till I had been some time upon the place, to see how the poore people here would demean themselves under this new government. At my first arrivall I met with outward expressions of joy and satisfaction, and many seemed well pleased at the change, having been struck with a panicke feare upon the aprihention of Colonel Kurcks coming hither to be theire governor; but finding a commission directed to a gentleman borne among themselves, the then governor and companie, growing hardie by theire ministers, began to perswade Mr. Dudlie not to except of his Majesties commission to be president, hoping thereby to continue the government among themselves: But that faileing them, they adjourned the meeting of their generall assembly to the second of October next, and so broke up with hopes, that either some unhappie accident in affairs of state at home, or by dissention raised by their artifices among the members in this new government, they might prevaile so far as to dissolve this new constitution and then reassume the government, which to accomplish they are solissitouse. I take leave humbly to remind, that when your grace was present at a committee of the Lords and was therein pleased to move, that one of theire meeting houses in [Page] Boston should be ordered to be set apart for the exercise of the religion according to the church of England, it was then answered by some of those noble Lords who discorsed in theire favour, provided they might have libertie of concience in matters of religion, they would voluntarilie submit to have one of theire three meeting housen to be disposed of by the president and councell, for that use. Since my arrivall with Mr. Ratcliffe, a sober man, recommended by my Lord of London to be our minister; who, besides his Lordships faire testimonials, brought with him a letter from the right honourable the Lords of the committe for trade and foraine plantations to the president and councell for their countenance and incouridgement in the discharge of his office; yet twas a long time before they tooke the least notice of him or his busines; at last, though strongly opposed, I got a little roome in their towne house, for such as were for the church of England to assemble in, but found it so straite that we are forced now to make use of the exchange for that purpose; where, to humour the people our minister preaches twice a day and baptises all that come to him, some infants, some adults persons; we are now come to have praiers every Wednesday and Friday mornings on their exchange, and resolve not to be baffled by the great affronts; some calling our minister Baals priest, and some of their menisters, from the pulpit, calling our praiers leeks, garlick and trash. We have often moved for an honourable maintenance for oure menister; but they tell us those that hire him must mainetaine him, as they maintaine their owne menisters, by contribution. Of a president and eighteen members of the councell, there is onely myselfe, since Mr Masons departure for England, that is of the church of England, and twas never intended that that charge should be supported by myselfe and some few others of oure communion.

I humbly represent to your grace, that the three meeting houses in Boston might pay twentey shillings a weeke, a piece, out of their contribution, towards the defraieing our church charges; that sume being less per annum [Page] than each of their ministers receive. We have yet necessitie for another minister to come over to us; for if any illness or indisposition happen to the present incumbent, we have no man heere to performe the office. I am not to forgit to your grace the banke of monie in the hands of the corporation for evangelizing the Indians. Your grace was very desireous that that monie might be inquired after, and applied to build us a church and free schooll, that our youth might be no longer poysoned with the sedissious principles of this country: I am told that there is not less then two thousand pounds here, but adventure not to stir the least in it, having all redie brought upon my self so many enemise, and to all my crimes added this one as the greatest in bringing the letherdge and cerimonise of the church of England to be observed amongst us, and this day is a commencement at our collidge, which your grace was pleased to honoure with a present of the learned Hamonds works, that rich man: They are all at present more taken up in puting in one Morton of Neventon-green, a rank independent, to be theire precident, than to shew any respect which is due to youre graceouse present, and I cannot expect it should be otherwise till his Majestie shall be pleased to send us a generall governor from England.

Thus much relating to these affairs of oure church, that of our state little differs; most part of our chiefe officers, as justices of the peace, &c. are congregationall men, and not above three church of England men; and not above three church of England officers in the militia; so that in the maine I can only assure your grace that the persons onely and not the government is changed.

Now from all this, after so many hazards and difficulties which I have gon throw in the prosecution of his Majesties service in New England, I am, by their maliciouse practises made very uneasie; and such persons who reape particular advantages by the change of government hate me for accomplishing it, and are makeing parties and factions to misrepresent me to his Majestie. Amongst [Page] those many noble Lords of his Majesties most honourable previe councell, who have all along countenanced and furthered my hartie designs to serve his Majestie, Sir, there eminently appeared for me. I humblie pray, upon all occasions, the continuance of your graceouse favour, by which I shall be the better inabled to attend his Majesties affairs heer committed to my care, and I shall remain in all dutie your graces.*

Copy of a Letter from Mr. Randolph to the Archbishop of Canterbury.

Boston in N. E. Octo. 27th 86.

May it please your Grace,

I Have some time since humbly represented to your grace a necessity of having a church built in Boston to receive those of the church of England. Wee have at present 400 persons who are daily frequenters of our church, and as many more would come over to us, but some being tradesmen, others of mechanick professions, are threatened by the congregationall men to be arrested by their creditors, or to be turned out of their work, if they offer to come to our church; under such discouragements wee lye at present, and are forced to address your grace for reliefe.

I have taken care to informe myself how the money sent over hither for the company of evangelizing Indeans in New England (for soe by their pattent from his late Majesty they are stiled) is disposed of here. Here are 7 persons, called commissioners or trustees, who have the sole manage of it; the chief of which are Mr. Dudley, our president, a man of a base, servile and antimonarchicall principle, Mr. Stoughton, of the old leaven, Mr Richards, a man not to be trusted in publique business, Mr. Hinkley, governor of New Plimouth collony, a rigid independant, and others like to these. The poor Indians (those who [Page] are called ministers) come and complaine to Mr. Ratclieffe, our minister, that they have nothing allowed them: We have spoken to the commissioners to have some allowance for them; all we can gett is the promise of a coarse coat against winter, and would not suffer Aaron, an Indian teacher, to have a bible with the common prayer in it, but took it away from him. This money is not less than 3 or 400l. which is yearly returned over hither (some say 600) with which they enrich themselves, yet charge it all as layd out among the poore Indians. I humbly presume to remind your grace of your promise to me, when in England, that a commission should be directed to some persons here, unconcerned, to audit and report their acts of this money. We want good schoolemasters, none being here allowed of but of ill principle, and, till there be provision made to rectifye the youth of this country, there is noe hopes that this people will prove loyall. The money now converted to private, or worse uses, will set up good and publick schooles and provide maintenance for our minister, who now lives upon a small contribution, and are yet forced to meet in the town-house.

I cannot omit to acquaint your grace, how tender conscienced, members of our old church, for soe they are distinguished from the other 2 churches in Boston, are. Not long since, I desired them to let their clerk toll their bell at 9 clock, Wednesdays and Fridays, for us to meet to go to prayers. Their men told me, in excuse for not doing it, that they had considered and found it intrenched on their liberty of conscience granted them by his Majestyes present commission, and could in noe wise assent to it. The necessity of a church and publick schooles and encouragement of ministers presses me to give your grace this trouble, which I humbly intreat your grace to remember to effect, least the small beginnings of the church of England settled here with great difficulty, fall to the ground and be lost, for want of tymely relief and countenance. All which is humbly submitted by

[Page]

Copy of a Letter from Mr. Randolph to Mr. Povey.

Boston, May 21st 1687.

Sir,

I Have with me your three letters of March the 7th, 11th and 7th April, by Mr. Mason, for all which I heartily thank you, and for your particular direction in the several stages of my employ. I have very lately had the bonds of masters of ships bound from hence to England in my custody, and those are indorsed that copys thereof are sent for England; you shall not faile of the duplicates if this ship makes not too much speed, and for the future you may expect them with my other accounts of the custom-house; however I am to take it as a favour if I be permitted to send them directly to the custom-house, in regard I have been censured for suffering my papers but to look first into the plantation office, and the primier, there now, objected hard against me. Pardon my digression, you are sensible how much business I have lying upon me, to send accounts and duplicates from my custom-office. I am at 50l. a year charge to keep an able clerke. I cannot yet get any fees settled sufficient to pay that charge, Mr. Stoughton, Mr. Wharton and others objecting that his Majesties salary for 100l. a year is to defrey all that charge, so that I am a great loser, besides I am to have deputies in our several ports, and unless they allow fees I am not capable of doing that service at a distance without deputies, and their not allowing moderate fees is only to discourage from inspecting their irregular trade. This his excellency has endeavoured to have rectified, but is opposed by my enemies, to my very great losse, and prejudice to my deputyes. Inclosed is such an account as I could get from Mr. Hooke, late treasurer in the province of Mayne. Mr. Danforth, tho' severall times putt upon it for an account, wholly declines it, and sayed he never received any money but it was all payd to Mr. Hooke, treasurer.

[Page]His excellency tryed all wayes to bring the people to quitt rents. There were severall who would take grantes for lands, but as it now falls out his excellency has none to dispose of; a little time will trye what our new judges Dudley and Stoughton will say, when either Indian purchase or grantes from the generall court are questioned before them. Sir, you will much wonder to hear I have disposed of the secretaryes office, for a time, for too inconsiderable a vallue, whenas it was judged worth 5 or 600l. I lost mony considerable, during the time I had it, one part the president run away with, and it was not settled, tho' his excellency endeavoured it, but alwayes opposed, and whatever Mr. West can make of it, I could not get an able man to discharge it, but the whole trouble, care and charge lay upon me. I, sometime after his excellencyes arrivall, was directed to prepare commissions, civill and military for the whole territory. I made 12 in parchment for the peace, 240 military, copied and engrossed in parchment all the lawes, and dispersed copies through the whole government, yet they scrupled to allow me for writing them, these matters have so discouraged me that I thought it better to have some certainty than to leave all loose, and know no end to the charge. I hope long ere this you have received the minutes since his excellency's arrivall, since which nothing considerable has passed, only some laws about regulating cornfields and cattle, coopers and casks, they stick hard upon that of possession as of a generall concerne and, next to that, for a law for ministers maintenance, strongly opposed by the quakers. We have had but one meeting of the whole councill since passing those laws; that of the rates of pieces of eight does not answer the end, money grows very scarce and no trade to bring it in. The members of the councill of Rhoad Island and New Plimouth have enough of comeing to sett in councill, 8 or 10 dayes a time, at their own charge, and I now expect but very thin appearance for the future, in regard the tables are downe, but to the great dissatisfaction of our brethren.

[Page]Twill be for his Majestyes service to putt Mr. Shrimpton in the place of Captain Champernoon, and Mr. Luscombe in the place of Mr. Jo. Sandford of Rhoad Island, both dead. Since Colonel Dongan had notice of his excellencies letter to the governor of Connecticott, he has sent his to tempt them to submit to New Yorke government, with assurance of the injoyment of their estates and properties, and that they shall all be continued in the government, with I know not what other great advantages. If Connecticott goe to New Yorke, it will certainly evince that collony and this government cannot subsist without a free trade with Connecticutt, which will be debarred if they are not annexed to us, or what's worse for us, to pay 10 per cent. for all wheat, porke, &c. brought to us, which we cannot want.

Mr. Mason is very acceptable to his excellency and to many of us. — reports abroad that he has the better of Mr. Mason. Moody is out of humour, I believe he will be obliged to leave this town. I entreat you to send the inclosed as directed, and be assured that I am,

Sir,

your most humble obliged servant, E. Randolph.

Sir,

You have herewith the duplicates of the laws sent by Capt. Ware.

To John Povey, Esq

Copy of a Letter from Mr. Randolph to Mr. Povey.

Boston, Jan. 24. 1687.

Sir,

I Am obliged to you for yours of the 22d of Sept. last, with the newes and copy of Sir Robert Holmes commission, all which I gratefully received from Capt. Leg, who arrived here the 10th inst. and delivered your letters, and packetts to his excellency our governor, who, being [Page] in great sorrow for the losse of his good lady who dyed the 22d instant, desires me to present his humble service to Mr. Blathwayt and to yourselfe, and to excuse his not writing to you by this accidentall opportunity of a vessell going for Holland with logwood and must touch at some port in England.

By the severall Gazetts, filled with addresses, I find you are all at liberty at home, and I believe the court is so taken up with the weightier matters of state that there will be no room for my wife to addresse my petition for a confirmation of my office of secretary and sole register, &c. which I pray may be enlarged and extended to the limitts of the present government. I see no reason why I should resede in my desires of getting an understanding gentleman to come from home to engage in the discharge of the secretary's and register's office, which is very beneficiall to West, no fees being as yet agreed upon, and I have ground to believe designedly done to discourage any to undertake that office, whilst, in the mean time, he extorts what fees he pleases, to the great oppression of the people, and renders the present government grievous. I have wrote you of the want we have of two or three honest atturneys (if any such thing in nature) we have but two, one is Mr. West's creature, came with him from New-York, and drives all before him; he also takes extravagant fees, and for want of more the country cannot avoid coming to him, so that we had better be quite without them than not to have more. I have wrote Mr. Blathwait the great necessity of judges from England. I know there are some loyall gentlemen and able lawyers, who have not practice; the judges with us, being now 3, have 390l. betwixt them all, besides their fees, which they make very considerable to them: Now, two will serve our occasions. They ought to be of the councill, and their salaryes made up 400l. a yeare, apeece, they will deserve it. As for Mr. Bulkley he is stupified and drown in melancholy, and almost uselesse, being seldom with us. I formerly wrote you about a fitt person to assist in my office. Besides [Page] the losse I dayly receive, Mr. West is cryed out upon by all; and whom Mr. Blathwayt or you should recommend will be acceptable. Capt. Nicholson tells me Mr. Martin who was to come over with Col. Kerke, is out of busines and believes he would accept of the office: I would have an honest gentleman, who will not be drawn to ill company, but will mind his busines: There are many about court, but now out of my mind. Pray, please to assist my wife in what may be for my interest.

Severall vessells are gone from hence to Bermodos, but are designed for the wreck. No news yet of Sir John Norburrow or Sir William Phips being there. We cannot yet agree upon the prizes of money: Some would have all peeces of 8, tho' of 15 pennyweight, go at 6s. New-England, others at 17; but they stand at 17½. Our money goes all away and shall have little or none to supply ordinary occasions.

Since the governor's arrivall, New Plimouth colony have great profitt by whale killing: I believe they will have nigh 200 tons for to send to England, and will be one of our best returnes, now beaver and peltry fayles us. I have a desire to see England once more, but know not when I can get an opportunity, or my busines will allow of my absence, till I take leave of it, which I am not much disposed to think of till I hear all things are settled with you. I shall write you all our proceedings, as opportunity offers. Not further, but that I am, Sir,

Your most humble servant, Edward Randolph.

Just now notice is come that Will. Harris is arrived at Piscataqua.

[Page]

Copy of a Letter from Mr. William Blaithwait to Mr. Edward Randolph.

Whitehall, 10th of March, 1687-8.

Sir,

I Am to thank you for yours of the 23d of November, and would not faile to answer the chief particulars. If the union of all New England under one governor be acceptable on your side the water, what will the joining and annexing to the same government be of all the English territories in America, from Delaware bay to Nova Scotia? This is already determined by his Majesty, and a commission constituting Sir Edmund Andros governor also of New-York, as united to and parcel of his Majesties dominion of New-England. And for the two Jersies, scire facias's are expediting towards their union. This, besides other advantages, will be terrible to the French and make them proceed with more caution than they have lately done.

I am obliged to you for your kind present of cranberries, acorns, chesnuts, &c. which came very well and are imparted to Mr. Robert Southwell. The little box of locust trees was broke open and they are lost, which was a pity, since they are so shady as you mention. I told the king of the black fox, who taking not much notice of it, I keep it myself, unless you think otherwise to dispose of it.

Care is already taken for the passing your patent for all New-England, and if Mr. Spragg were not in the way, it might have been for the whole new dominion.

Pray, present my humble service to Mr. Mason and let him know Mr. Povey gives him particular instructions by this ship how to proceed regularly. The governour needs not any order from hence to do justice. If Mr. Mason be aggrieved he may appeal.

My humble service likewise to Capt. Nicholson, who I hope may be the lieut. governour intended by the King [Page] for the New-England. Nor let my service be forgot to my cousin Treffry, whose relations are all very well.

Since you are so mindfull of my concerns, the inclosed paper will shew you how the article for the auditors is to be worded. But pray remember the first accompt of the president and councill. It was sent back with severall queries, in order to the satisfying the lords commissioners of the treasury, and I expect your return of it. And you may do well to help Sir E. Andros to dispatch the first accompt since his arrivall, by setting forth every particular, how expended, more minutely than the parchment sent me does contain, that the Lords of the treasury may not except against the method of it.

I send you the gazettes touching the pirates and Sir R. Holmes. The King has granted him all pirates goods for 3 years and the power of pardoning for one year. He offers fair to discoverers and such as surrender themselves, and will certainly make good his promise. An accident on that account may make your fortune, as you are most in the way of that sort of people.

I must not forget my humble service to all my other friends and acquaintance with you. Time and patience will stand you in great stead, amidst your disappointments and afflictions, and you will always find that I am most truly

Sir,

Your faithfull friend and humble servant, William Blathwayt.

Copy of a Letter from Mr. Povey to Mr. Randolph.

Whitehall, 18 March 1687-8.

Sir,

SINCE mine of the eighth instant, I can only let you know that your warrant for secretary of New-England, with Rhode-Island included, and Conecticut, had passed the King's hand, when it came further under consideration [Page] how that of New-York and the Jersies, which are now to be added in the generall commission, might be included without wrong to the present settlement there; and I believe it will be agreed that your deputation to them shall be sufficient, so as he may receive the whole profitts of it without any acknowledgment or charge, but in the mean time your warrant is stopt till the amendment or rather addition be agreed of; but you may expect to receive it at the same time the governor receives his commission, which will be sent by Foy.

On the 10th Mr. Blathwayt writt to you and sent you a memorandum touching his salary, of which I now send you a copy, and tho' I writ to you before upon this subject, the inclosed being as it is settled by himself, you will please to follow the method he prescribes.

We have no news, more than the enclosed proclamation for the recalling the Kings subjects out of the States service; and three new regiments are raising here.

I am, with much truth, Sir, Your most faithful humble servant, J. Povey.

My humble service to Mr. Mason, Capt. Nicholson & Capt. Trefry.

Copy of a Letter from Mr. Randolph to Mr. Povey.

Boston, June 21. 1688.

Sir,

I Received your two letters of the 8th and 18th March, the first at Pemmequid, where, after a tedious passage in 5 or 6 boats and other water carriage, I overtooke his excellency, being left behind at Boston, by sickness, about the end of Aprill last. The Governor, with his servants, travelled by land to Piscataqua; Col. Mason was visiting the militia in the province of Maine, and was forced to follow the Governor to Casco bay, where the Governor's sloop and barge with 10 oares attended their coming; he [Page] went amongst all the islands in Casco bay, visited Mr. Wharton's possessions at Pejepsgut, and rowed up many leagues in Kennebeck river; from thence, by easy motions, they got to Pemmequid, where he stayed 3 or 4 dayes to refresh themselves with sheep and foules, and then, with the Rose frigott, made towards Ponobscott; his Excellency had sooner, by me before, appointed Capt. George to speake to Monsieur St. Casteen, and to acquaint him with his comeing; the captain roade with his frigott before Casteen's doore, sent his lieut. ashoare, Casteen spoake to him and told him, but upon notice of the Governor's comeing, Casteen and all the company retired, left the place to that [...] and left his house shutt; the Governor landed, with other gentlemen with him, and went into the house and found a small altar in the common roome, which altar, and some pictures and ordinary ornaments, they did not meddle with any thing belonging thereto, but tooke away all his armes, powder, shott, iron kettles and some trucking cloath and his chaires, all which were putt aboard the Rose and laid up in order to a condemnation of tradeing, in the forte at Pemmequid; at their returne, notice being irregularly given to the Indian Sachem, neighbour to Casteen, that he should have all his goods restored if he would demand them at Pemmequid and come under obedience to the King, it is supposed he went and acquainted the Governor at Port Royall of it, and how resented we were to expect by the returne of our fishing vessels. This Casteen is a Frenchman, has lived there many yeares, has 3 or 4 Indian wives and goes a hunting with the Indians, he has a tradeing house and sold the Indians, armes and ammunition in the late Indian wars; he does not well like to be under the French government, desires to live indifferent. His Excellency carryed with him carpenters and boards, nailes and all necessary stores, intending to erect a forte at Ponopscutt, the old one, as they say, being gone to ruin, formerly made up with stone and turfe, but finding none there, was resolved to spare that charge till a more proper time offered, and in his Excellency's [Page] returne from Ponopscutt, 5 or 6 leagues off from thence, I meete the Governor at sea, I being bound to Ponopscutt, but I then returned with him to Pemmaquid. The Governor sent out, every way, messengers to summon in all the Indian Sachems; such as were at Pemmaquid at his first arrivall, stayd his returne; they were well treated with shirts, rumm and trucking cloath, but his Excellency, with a short speech, by an interpreter, acquainted them that they should not fear the French, that he would defend them, and ordered them to call home all their young men and they should live quietly and undisturbed. There I went to one Shurt, town clarke of Pemmequid, to know what leases were made lately and by whom, and for what quitt rent; he told me that above 2 years agoe Capt. Palmer and Mr. West produced to them a commission from Col. Dongan, to dispose of all their land to whoever would take leases at 5s. the hundred acres quitt rent; they lett there and at a place called Dartmouth, 12 or 16 miles distant from Pemmequid, about 140 leases, some had 800 or 1000 acres, few less than 100, some but 3 or 4 acres, and all paid 2l. 10s. 0d. for passing their grantes of 100 acres of woodland with 20 acres of marsh, wherever it could be found; but this bred a great mischiefe amongst the people, few or none have their land measured or marked, they were in haste and gott what they could; they had their emissaries amongst the poore people and frighted them to take grantes, some came and complained to the Governor and prayed him to confirme their rights, which he refused to doe, the commission and whole proceeding being illegall, having notice they were to be under his government, they resented it, but it served their turne. The poor have been very much oppressed here, the forte run all to ruin and wants a greate deale to repaire it; the Governor has ordered it to be well repaired; it stands very well to command a very good bay and harbour about it, and will in time be a good place, being the only good porte for all vessels, eastward, to ride well and secure by the forte from danger. At this time, [Page] Capt. Palmer and Mr. West laid out for themselves such large lotts, and Mr. Graham, tho' not there, had a child's portion, I think some have 8 or 10000 acres; I hear not of one penny rent comeing in to the King from them who have their grants confirmed at Yorke, and this 5s. an hundred acres was only a sham upon the people. At our returne, we saw very good land at Winter harbour, enough to make large settlements for many people: The Governor will have it first measured and then surveyed, and then will dispose of it for settlements.

Mr. Graham and his family are settled in Boston, he is made attourny generall and now the Governor is safe in his New Yorke confidents, all others being strangers to his councill. My cousen Mason can make no progress in his business, he has attempted to try his title at Piscataqua, but has been delayed by the judges, and the inhabitants are far more obstinate than formerly, Mr. West haveing told some of them that his title is little worth. All Mr. West aimes at is to have the passing grantes for all Mr. Mason's lands, and neither he nor Graham will allow that he has power to make a grante to any tennant; they are for leiveing him out of all. The newes of the dissenters being indulged and taken into favour, at home, encouraged this people, and the judges will not give a cause for the King. They now dispute his Excellency's grantes and plead either possession or Indian purchase in barr of it. The addition of New Yorke to this government does very much inlarge our bounds and may be of greate service to the crowne, but they have been squeezed dry by Colonell Dongan and his agents West and Graham, that there is little good to be done. We are in greate expectation of Foyes arrivall, and some preparations are makeing for a southarne expedition, but I believe Sir Edmund will not goe into New Yorke till Col. Dongan is removed off the place, there is no good understanding betwixt them, and twas not well done of Palmer and West to tear all in pieces that was settled and granted at Pemmequid by Sir Edmund, that was the sceene where they placed and displaced at [Page] pleasure, and were as arbitrary as the great Turke; some of the first settlers of that easterne country were denyed grants of their own lands, whilst these men have given the improved lands amongst themselves, of which I suppose Mr. Hutchinson has complained.

Copy of a Letter from Mr. Danforth to Mr. Nowell.

Cambridge 22. 8. 88.

Hon. Sir,

THESE are only to returne you thanks for your kind letter dated July 3. 88. It was exceeding welcome to heare from you, and the good aspect that his Majestie hath towards his poor New-England subjects. I hope mine to your selfe, by Capt. Belcher, might come seasonably; only let me advise not to present any thing by way of complaint to his Majestie, for that I feare will do us more hurt than good; it may be of use to present to friends to shew the reason why we supplicate his Majestie for the confirmation of us in our possessions, and that he will grant us the same privileges that others of his plantations are not denyed, namely a generall assembly, without which our condition is little inferiour to absolute slavery. And for my own part, if that cant be obtained, I do not think the change of our governour will ease any thing, for the greater interest at court will add greatly to our burthens, and emboulden him that hath the power in his hand to squease to extremity. I entreat you wholly to conceale my name from those of our own people or others that you confer with, for it may do me much harm and no good to the publick. I shall think long till I hear the issue of matters.

Concerning those matters that I wrote to you about, referring to myselfe, I have received a letter from my sister that gives mee account the time hath now passed so long [Page] that the matter is hopeless to find out any thing, and therefore would not have you give yourself any trouble about it.

Mr. Peter Bulkley dyed about three months since, and verely his sun did set in a cloud.

It hath pleased God again to suffer the natives to do us mischiefe in July last, three or more persons killed at Quackeage on Connecticot river, one man at New Haven, and sundry at the Eastward, some at Kenebeck and Cape Porpos, in all, about twenty six persons killed, so that all the out towns are driven into garrisons, and under great affrightment. Sir Edmund hath lately been at New York, and from thence to Albany, &c. thorow the country, was absent about 11 weeks, and, as I hear, will not allow it to be called a war, but murtherous acts, and he will inquire the grounds; is not pleased that any soldiers were levyed, in his absence, to send eastward, and hath released from prison Indians that were sent thence, i. e. from eastward. The winter is now upon us, but whether that will occasion the succession of mischiefe I know not, but people are generally much affrayd what will be the issue.

In case something be not obtayned for settlement of property and restreyning rigor in making orders, which they call lawe, and levying money, I fear what hath been done at court will exasperate and possibly may double the tale of brick. I am exceeding sensible that it is very difficult for our friends on the place to do much, unless God do in more than ordinary manner inspire the heart of his Majestie to favour us. Wee are in no capacity to do any thing, not so much as to pay what is of necessity to be done to officers, &c. in case his Majesties favour should be great, nor may wee meet in our severall towns to consider of any thing for our own good, at home or abroad, (as the inclosed copie of their order will shew you, an unheard of tyranny) so that should any disburse for us, I can't, for my own part, see how it can possibly be gained to repay, and yet people are at present in great expectation that, so many of our friends being on the place, something will be gained.

[Page]I had noe thought to have wrote now, and therefore commending all to God, with whom all things are possible, with my kind salutes. I take leave, and am

Sir,

Your affectionate friend and servant, T. D.

I againe beseech you to conceale my name from all men, for you well know how great an object I am of their hatred.

Copy of a Letter from Mr. Thomas Danforth to the Rev. Mr. Increase Mather.

Cambridge in N. E. July 30th, 1689.

Rev. Sir,

YOUR loveing lines were with much joy received and read by me, for which I humbly bless God, and return yourselfe many thanks. By reason of the great expectation of your sudden arrivall (with other of your friends) I did willingly omitt writeing unto you by the last opportunity, but now, considering the times are among those things reserved by God to his own dispose, I shall adventure the riske of a few lines, committing yourselfe and my endeavours herein to the good providence of God.

Its now 14 weeks since the revolution of the government here, the manner whereof, before these can reach you, will spread farr and neare; future consequences wee are ignorant of, yet wee know that, at present, wee are eased of those great oppressions that wee groaned under, by the exercise of an arbitrary and illegall commission, some briefe account whereof is contained in the declaration published the same day, a coppie whereof I herewith send you. The busines was acted by the soldiers that came armed into Boston from all parts, to the great amazement of all beholders, being greatly animated by the Prince's declarations, which about that time came into the country, and [Page] heightened by the oppressions of the governor, judges, and the most wicked extortion of their debauched officers. The ancient magistrates and elders, although they had strenuously advised to further waiting for orders from England, and discouraged any attempts of that nature so farr as they had opportunity, yet were they now compelled to assist with their presence and councells for the prevention of bloodshed, which had most certainly been the issue if prudent counsells had not been given to both parties. A coppie of that paper sent Sir Edm. Andross I have herewith sent you, upon which he forthwith came and surrendered himselfe. The same day, about 30 more of the principall persons of that knot were secured, whereof some were quickly released, and some yet remaine under restraint, Eight of whom, viz. Mr. Dudley, Sir Edmund, Mr. Randolph, Mr. West, Mr. Palmer, Mr. Graiham, Mr. Sherlock, Mr. Farwell, the representatives of the people, at their last sessions, voted unbailable. Mr. Dudley in a peculiar manner is the object of the peoples displeasure, even thorow out all the colonies where he hath sat judge, they deeply resent his correspondency with that wicked man Mr. Randolph for the overturning the government, and the manner of his procuring his presidentship, his extream covetousnes, getting to himself so many bags of money, to the ruinating of trade, and since Sir Edmund's arrivall here, hath been his great instrument in the oppression of the people, choosing rather to do that base drudgerie then to displease, and thereby endanger the losse of his honor and gaine. These and such like things have made him vile in the eyes of all generally both good and bad, so that the governor and councill, though they have done their uttermost to procure his inlargement, yet cant prevaile, but the people will have him in the jaile, and when he hath been by their order turned out, by force and tumult they fetch him in againe, and both he and the rest of them there remaine till released by orders from England. I am deeply sensible that we have a wolfe by the ears. This one thing being circumstanced [Page] with much difficulty, the people will not permitt any inlargement, they having accused them of treason against their king and country; and those restrained, they, threaten at a high rate for being denyed an habeas corpus. I do therefore earnestly entreat of you to procure the best advice you can in this matter that, if possible, the good intents of the people and their loyalty to the crown of England may not turn to their prejudice. The example of England, the declarations put forth by the Prince of Orange, now our King, the alteration of the government in England making the arbitrary commission of Sir Edmund null and void in the law; these considerations, in conjunction with the great oppressions they lay under, were so far prevalent in the minds of all, that although some could not advise to the enterprise, yet are hopefull that we shall not be greatly blamed, but shall have a pardon granted for any error the law will charge us with in this matter. The exercise of Sir Edmund's commission, so contrarie to the magna charta, is surely enough to call him to account by his superiours, and also Mr. Dudley that led the van in that tragedy; and for others of them, may we be quit of them, as we hope for no good from them, so we are farr from desiring to revenge our selves upon them, let what they have met with be a warning to others how they essay to oppress their Majesties good subjects any more in that kind. I crave an answer hereunto by the first opportunity.

I must also yet a little further acquaint you that sundry of those gentlemen and merchants that were very active in this matter on the day of the revolution yet, since, missing of what they expected the people universally crying up their charter priviledges and urging the old governor and magistrates to reassume the former government all which they were designed to oppose but had hopes to advance their private interests of which finding themselves now disappointed, are greatly discontented and speake highly against the representatives of the people and present government and, as we are informed, sundry of them, mostly [Page] factors and strangers, have drawn a petition to the lords of the committee for forreign plantations, pretending loyalty and advance of revenue to the crown, and highly inveighing against the government and people, whereas, in truth, they are the transgressors of those acts for trade and navigation, and those whom they complain against are generally unconcerned in either, and so uncapable to do the thing they accuse them of. If any thing of this nature be presented, let me intreat you sedulously to divert the mischief intended and send me a coppie thereof by the first opportunity.

Capt. George, commander of the Rose frigott, was also the same day with the rest of that knott seized, reports being spread by sundry of his men, that he intended for France, there to waite on the late King James, and before his departure to shew his spleen against Boston, so that the people were afraid of being murdered and burnt up in their beds, the lieutenant also a known papist. The sails of the frigott are brought on shore and secured till the government here receive their Majesty's order, for which deed its hoped we shall not receive blame. We do crave that the circumstances of our case and condition in all respects may be considered. Nature hath taught us selfe preservation: God commands it, as being the rule of charity towards our neighbour: Our great remotenes from England denys us the opportunity of direction and order from thence for the regulating ourselves in all imergencies, nor have we meanes to know the laws and customes of our nation: These things are our great disadvantage: We have alwayes endeavoured to approve ourselves loyall to the crown of England, and are well assured that none of our worst enemyes dare to tax us in that matter, and we have also laboured to attend the directions of our charter, under the security whereof were laid by our fathers the foundation of this his Majesties colony, and we are not without hopes but that before you do receive these lines we shall receive from their royall Majesties the confirmation of our charter, with such addition of privileges as may advance [Page] the revenue of the crown, and be an encouragement to their Majesties subjects here. In mean time we shall pray for the long and happie reign of their Majesties, and God's blessing to be on his people in all their three kingdoms.

Committing yourselfe and all your pious endeavours for the felicity of this part of God's church to the protection and blessing of God Almighty.

Dear Sir,

I am your friend and servant, Tho. Danforth.

Copy of a Letter from Mr. Randolph to the Governor of Barbados.

Goal in Boston, May 16. 89.

Sir,

BY a heady multitude possessed with jealousyes that our Governor, Sir Edmund Andros, was a papist and intended to bring on the French and Indians to cut off the inhabitants, a generall insurrection was intended and so perfected on the 18th of Aprill last, that the Governor, hoping to secure himselfe in our fort, missed an opportunity of going aboard the Rose frigott, then at anchor in the harbour, and so, being overpowered, wee were taken prisoners of warr, as the silly multitude told us. This proceeded from a dayly expectation (that one Mather, one of their ministers in Boston, had raised by his letters to them from court in the height of popery) of a new charter. I know he or any other (having first subscribed to repealing their penall lawes and test) might for their money obtain fair promises of, and he had so far prevailed with Sir Thomas Powis, atturney generall, that he had obtained a report in their favour, upon many false suggestions, which, immediately on the P. of Orange his intending to visit the court of England vanished; however, he had no other engine to draw supplyes of money from the dissatisfied party here, but to feed them up with assurances of a [Page] new and much larger charter. They were impatient at his delay and, hearing the newes that all papists were either secured or fled out of England, and would not believe but Sir Edmund was a papist and his commission arbitrary and calculated onely for the suppressing all persons of a different perswasion; they caballed and accordingly executed their principall resolutions: They have not yet sent to England, expecting Mather, their Mahomett, or at least particular orders from court, which will not operate here unlesse consonant to their humours. We have, at this day, above 100 persons equally concerned as conservators of the peace, but their power signifies nothing, further than it pleases the people; sometymes they are for having their old magistrates reassume their former government; sometymes to form a new modell of government; but their being many more ready (and of necessity disposed) to pull down than build up, they know not what to be att: Some, that have estates and shipping abroad, feare they have done more than they can answer, believing other governments will treat them as revolters from their allegiance, and give them neither protection nor lett them depart till they have orders from home how to treat them. This you may please to communicate to the other governments leeward of you, to whom I have not an opportunity to write, who, I am well assured, will also highly resent it, and so will the present constitution at home, whoever be in the throne, and not suffer so high an indignity to be putt upon the most authentick authority any Prince can give his subjects for their security and protection, whilst they act by a power confirmed by the broad seal. God onely knowes how affaires stand at home. I am confident they will never part with me, unlesse demanded, by a force or their ships stoped in the plantations till I am delivered up for their liberty and licence to trade. This country is poor, the exact execution of the acts of trade hath much impoverished them; all the blame lyes upon me, who first attacked and then overthrew their charter, and was made the officer to continue their Egyptian [Page] servitude, by my office of collector, &c. I intreat you to represent my state to the Earls of Clarendon and Rochester, by the first opportunity, and that the Governor and I may be sent for home by some frigotts. I must confesse there have been ill men from New-York, who have too much studdied the disease of this people, and both in courts and councills they have not been treated well. However, nothing done can amount to countenance such an open rebellion, and, were I in England, I must advise a generall pardon, many hundred of innocent persons being forced to act, otherwise to be imprisoned; and the kingdome of England cannot loose this country nor govern it without some respect and allowance to the weaknes of those who are mislead and the force of education and the byas of common prejudices: However, we are, at present, as much distracted and as far from cementing into any sort of government as at the building of Babell. God onely keeps them from destroying us.

You will have one Robert Glanvill from Salem, master of a ketch, he was imprisoned here, for an abettor of pyrates, and was imprisoned with 7 pyrates, he can tell you their names; he brought into this country 3700 and odd Spanish hides, robb'd from a Portugesse vessell, the men thrown overboard, with other goods to the value of about 2000l. This is all proved by sufficient witnesses and they kept in goal till some particular order from Sir Robert Holmes. About Oct. last, he sent his commission to the Governor and myselfe, dated the 26 Aug. 88. which we receiving not till November, and the Governor and I staying to the eastward till the limite was past, could not agree upon a method of proceeding against them, in regard they stood upon their justification, but rather, wee could not be assured of a jury that would find against them, upon the most evident proofe, but now they are at liberty, have their goods, and perhaps may bring some of the hides, or barrels of small barrs of copper to your island: However, I think the ketch is forfeited for bringing in the pyrates and their goods to this country, knowing the [Page] men to be such, for Glanvill, in his ketch, sayled in company with the pyrates, in the vessell they tooke, as far as New England; he went to Salem, appointed to meet them at Port a Bear, in Nova Scotia, and did so and carried them supplyes and provisions; when they burned the vessell and brought away the goods in this ketch and other vessels. This I heartily refer to your conduct and privacy, my life lying at stake for the least discovery. I cannot trust Mr. Rudger, father in law to Mr. West, with us, who has been a great instrument in imposing upon this people.

Sir,

I wish you all happiness and remain Sir your humble servant, Ed. Randolph.

Copy of a Letter from Mr. Randolph to Dr. Cook.

Common Goal, Nov. 25th,

Sir,

YOUR treating Sir Edmund Andross like a gentleman when you were last at the Castle, shall be remembered with respect. By letters from my friends in England I hear I am (but by what means I yet know not) made their Majesties prisoner and to be sent safe to Whitehall, 'twill be a favour to me and the rest of the gentlemen with me if the poor wounded man, who has lain 16 days rotting in his own excrement, might be taken and removed into some other warm place, that we be not infected with the vehement stench; and christianity directs that he be not suffered to perish and others with him for want of speedy redresse, twill be an aggravating circumstance of our imprisonment. If you please to call on me as you come this way and taste a glasse of cyder you shall be welcome. Be confident nothing shall render me otherwise than a hearty friend to all good men.

I am yours, Ed. Randolph.

[Page]

Copy of a Letter from the General Court to the Rev. Mr. Increase Mather in London.

Much honoured and dear Sir,

YOUR most worthy indefatigable and unwearied labour and service voluntarily undertaken for the good of this your country, attended with so much difficulty and hazard to your person, as it bespeaks your ready obedience to the command of Christ in denying yourselfe, so it calls for our hearty acknowledgments and real testimonies of gratitude, and wee pray may be gloriously rewarded by the God of New-England. That you have not ere this had an account of our affaires particularly directed unto your selfe, proceeded neither from forgetfullness nor neglect, but solely from our daily expectations of seeing you here, wee being so long time without any intelligence from England. Your providential deteinure behind our friends, who arrived about two months since, wee hope was in mercy, and will turn to our advantage. We understand there seem'd to be an absolute necessity of your appearance for us. Wee have thought it adviseable to send over our worthy friends Mr. Elisha Cooke and Mr. Thomas Oakes, (who are knowing and well acquainted with all transactions and the state of our affaires) whom wee have joyned in commission with the right hon. Sir Henry Ashurst, knt. and baronet and yourselfe, as our agents and representatives in England, or so many of you as shall be there resident; and given them instructions. The informations and evidences wee have gathered up against Sir Ed. Andross, and the others sent home with him, they bring with them, though they fall greatly short of what might have been procured had not wee been under the disadvantage of missing to finde Sir Edmunds papers at the time of the revolution, which we then supposed to be burnt, or otherwise made away with, and many of their actings in things that would make them most obnoxious, were so subtilly carryed on as not to be committed to writing that might afterwards rise up against them. Wee expect no less than that they [Page] will greatly asperse and calumniate this people, and endeavour to load them with all the infamy imaginable. Wee hope our friends, now sent, will be reasonably provided to take off the most of them, unto whom wee must refer you and to the papers. You will not wonder to see so great a number of that society of men come over, whom wee are glad to get rid of, they having been industriously diligent to interrupt and disturb our publique affaires here to our no small disadvantage. Wee have endeavoured to make some provision by this conveyance for the discharge of our just debts in England, and refer it to yourselfe and others our friends joyned with you in commission, to make some suitable present unto such of those honourable gentlemen who have befriended and assisted our affaires at the court, unto divers of whom wee have written particularly, and sent the letters open, that so you might have the perusal of them. Wee have been necessitated, for the quiet of the people and preservation of the peace, to take the highest steps in administration of government, by trying, condemning and executeing some notorious criminals, found guilty of piracyes and murder, without doing which wee could not have lived, hopeing for a favourable resentment and acceptance of what wee have done therein, and doubt not of your assistance thereto; praying the continuance of your care, paines and labour, to endeavour the full obtaining of all that good you have wished and industriously intended the procureing for us, if the Lord shall please to succeed therein; unto whose gracious guidance and protection wee heartily commend you, praying that God will mercifully, in his good time, returne you unto us, that wee may see your face againe with joy; and earnestly begging your constant remembrance of us at the throne of grace, that God may graciously guide and conduct us in all the arduous affaires under our hand, so as may be to his glory and our owne and this people's everlasting good and comforte, with the tenders of our unfeigned respects, wee subscribe,

Sir,

Your most affectionate and hearty friends, Sim. Bradstreet, Gov. in the name of the gen. court.

Boston in New England, 29 January 1689.

Notes

*

This first Charter of the Massachusets Colony has never been printed. There are very few Manuscript Copies of it. Those are liable to so many accidents that it is thought proper to publish it as the most likely means of preventing it's being irrecoverably lost.

↵

*

This is an extraordinary instance of dispensing power.

↵

*

This Letter and divers others are intended meerly to give some idea of the writers and contain no interesting historical matters.

↵

†

Owen Rowe was a Tradesman in London and of the Company designed to New-England, but upon the change of times in England chose to remain there; was one of the King's Judges and among those who were condemned and not executed.

↵

‡

Massachusets History Vol. I. p. 144.

↵

†

Massachusets History Vol. I. p. 76.

↵

†

New-Haven.

↵

‡

The Year must be 1636.

↵

*

Massachusets History Vol. I p. 61.

↵

*

The Defence and the Replication are undoubtedly the Performances of Mr. Winthrop. The Answer is by Mr. Vane, afterwards Sir H▪ Vane. I leave the Reader to judge who had the best cause and who best defended it. See Mass. Hist. Vol. I. p. 62.

↵

*

Mr. Vane's adherents were afterwards banished. See Mass. Hist. Vol. p. 75.

↵

*

This Court was held at Newtown, now Cambridge, in May 1637.

↵

*

This must needs render the influence of the Clergy very great under the old Constitution. No body could be proposed to the Church for a Member unless the Minister allowed it. No body could be admitted a freeman unless he was a Member of the Church.

↵

*

Whether the intent of this order was that the Patent should be sent over that the Government of the Colony might be under a Corporation in England, according to the true intent of the Patent, or whether it was that the Patent might be surrendered, is uncertain.

↵

*

Afterwards Col. Fenwicke under the Parliament and Cromwell. This Letter was wrote from Say Brooke where he was beginning a Plantation for Lord Say, Brooke, &c.

↵

*

This Giles Firmin was afterwards a celebrated nonconformist Minister in England, and died there after the Revolution.

↵

*

The name he gave his Farm in Marshfield.

↵

*

Son to Sir Ferdinando Gorges.

↵

*

No War could be declared without the consent of the united Colonies▪

↵

*

They were in great fear of the French when they settled, under Richlieu, at Port Royal and afterwards, when D'Aulnay came to Penobscot. See Massa. History, V. I. p. 28.

↵

*

Mr. Endecott's daughter, this being the language of the day.

↵

†

His farm 3 or 4 miles from Salem.

↵

*

Mr. Winthrop had obliged Mr. Vane to leave the Massachusets and return to England. This letter was wrote when Mr. Vane's interest in Parliament was very great. It shews a good spirit and the reproof is decent as well as seasonable.

↵

*

Made publick, I never met with it in print.

↵

*

The best that can be said of this advice is, that it was politick. Miantonimo was a man of great spirit. The English were in more fear of him than of any other Indian upon the continent.

↵

*

Maquas or Mohawks.

↵

*

It seems strange that men who professed to believe that God hath made of one blood all nations of men for to dwell on all the face of the earth, should so early and upon every occasion, take care to preserve this distinction. Perhaps nothing has more effectually defeated the endeavours for christianizing the Indians. It seems to have done more: To have sunk their spirits, led them to intemperance, and extirpated the whole race.

↵

*

I suppose he was afterwards one of the Ministers of Newbury.

↵

*

He was a benefactor to New England. See Massa. Hist. Vol. I. p. 19.

↵

*

This is the John Humfrey who was Deputy Governor in England and afterwards an Assistant in the Colony but, reduced by misfortunes, returned to England.

↵

*

This piece was printed in London in 1655 and, by William Aspinwall the publisher, allowed to have been the performance of Mr. Cotton. It should rather be intitled An Abstract of a Code or System of Laws prepared for the Commonwealth of the Massachusets Bay; for although when they compiled their laws they made this abstract their plan, in general, yet they departed from it in many instances, and in some which were very material. "Considering that these plantations had libertie to mould their civill order into that forme which they should finde to be best for themselves, and that here the churches and commonwealth are complanted together in holy covenant and fellowship with God in Christ Jesus, he did at the request of the general courte in the Baye drawe an abstract of the lawes of judgment delivered from God by Moses to the Commonwealth of Israel, so far forth as they are of moral, that is of perpetual and universal, equity among all nations, especially such as these plantations are; wherein he advised that Theocracie, i. e. God's government, might be established as the best form of government wherein the people that choose civil rulers are God's people in covenant with him, that is members of churches and the men, chosen by them to be rulers, such also, and the lawes of God and the ministers of God are consulted with by the governor, magistrates and people, in all hard cases and in matters of the Lord, that is of religion, &c. and for the clearing of his judgment with the grounds thereof touching this matter I wish that some of his sermons to the general court were printed." M. S. life of Mr. Cotton by Mr. Davenport.

↵

*

An attempt was made to establish what was called a standing Council for life, as a distinct body from the Assistants, but the Charter gave no authority for it, and the People would not submit to it.

↵

*

The practice was every half year.

↵

*

Free inhabitants, but not freemen or free of the corporation.

↵

*

Many advantages would have attended a law of this sort. Besides avoiding the splitting and multiplying parishes, improvements would have been made in social and civilized life by a more compact neighbourhood. This law was never executed.

↵

*

The provision made by this eighth section is an unnecessary imitation of the laws of Moses, and every good end was answered by making the lands in each town liable to the taxes and charges of such town, set the owners live where they may.

↵

*

There were several trials upon this law. John Porter was convicted and sentenced to death. He appealed to the Commissioners in 1665 and whilst the dispute between them and the Colony was depending he found means to escape, and there never was any person suffered death for this offence.

↵

†

This with divers others were erased by Mr. Winthrop, and never passed into laws.

↵

*

The Elders were made umpires in a contention between the Governor and Assistants on the one part, and the House of Deputies on the other. The patent, if the corporation had continued in England as was intended, admits of no difficulty in the construction of it. These doubts and questions arise meerly from changing a corporation in England into a common wealth in America. The questions seem not to have been proposed all at the same time, but it appears they were all answered before the year 1646.

↵

*

Ipswich.

↵

*

This Mr. Vines had been many years an agent for Sir Ferdinando Gorges in his Province of Main.

↵

*

Mr. Hopkins was Governor of Connecticut. Soon after this Letter he went to England, was promoted by Cromwell, made a Commissioner of the Navy and of the Admiralty, and died there in 1657.

↵

*

The Dutch Governor of the New-Netherlands now New-York.

↵

*

He was in England solliciting for powers of Government for Rhode Island.

↵

*

For the use of the Corporation for propagating the Gospel among the Indians, Mr. Winslow being one of the Members in England.

↵

*

Massa Hist. Vol. I. 114.

↵

*

Governor of New-Haven Colony.

↵

*

This is expressed very cautiously.

↵

*

The original Letter was in the possession of Mr. Middlecot Cooke and delivered by him to Mr. Bollan agent for the Massachusets in England. Its probable that Mr. Harris had a sight of it as the Letter is printed in Cromwell's life. The Letter from Mr. Cotton to Cromwell I never saw in print.

↵

*

This Letter appears to be an answer to Proposals made by the French Governor, first to the Massachusets afterwards to the united Colonies for a free trade provided the English would join with the French against the Mohawks.

↵

*

See Massa. Hist. V. I. p. 166.

↵

*

This Letter is not in order of time but may be considered as an appendage to the foregoing account of Mr. Cotton's life.

↵

*

This and the next Letter are answers to requisitions made by Oliver for aid in recovering what is now called New-York from the Dutch.

↵

*

Thomas Welles was a Magistrate of Connecticut Colony, afterwards Governor, before Connecticut and New-Haven were united, and Deputy Governor after the Union.

↵

*

See Hist. Massa. V. I. p. 182 & 183, where he is supposed to have died in England. Cromwell sent him with stores after Penn to the West Indies. He was made a Commissioner after Winslow's death, and died himself at Jamaica in 1656. Thurloe's Collection, V. 5. p. 96.

↵

*

This was a dispute between the Massachusets and the other Colonies concerning the extent of the Power of the Commissioners.

↵

*

The Commissioners were of opinion that it was necessary to enter into a War with the Naraghanset Indians. The Massachusets Colony was averse to it. Willard was a Massachusets man and seems to have defeated the intent of the Commissioners.

↵

*

A common expression to signify the retreat or resort of the Indians into boggy Places full of Woods where the English must be under great disadvantage in an attack upon them.

↵

*

Mr. Hopkins who had been Governor of Connecticut was at this time in England in favour with Oliver.

↵

*

Mr. Symonds the Justice who tried this cause was descended from an ancient an honorable family in Yuldham in Essex, where he had a good Estate. The proceedings are somewhat singular and the arguments give us some idea of the notions of government prevailing in that day.

↵

*

The same with the Selectmen.

↵

*

Signed by a great number of the inhabitants of Ipswich.

↵

*

The great doubt in this long case seems to have been whether an act of the supreme authority, impowering the major part of the inhabitants of a town to tax the minor part which did not consent to the tax, was not contrary to the fundamental laws in government. It must be remembered that many of this minor part were not voters in town affairs, neither in person nor by any representative of their own constituting. The arguments are as strong against taxes by the General Court as by a Town, and yet the House of Representatives (p. 304) voted that the tax made by the Town was not binding. In a day or two after they altered their mind. There was a division in the colony at this time upon the mode of maintenance of ministers, any other way except by voluntary contribution being opposed by many, of whom Mr. Justice Symonds seems to have been one.

↵

†

Clark and Holmes were Baptists. They had both been fined and one of them whipped, refusing to submit to the fine.

↵

*

A ship with many passengers of note and effects of great value which sailed from New-Haven. Massa. Hist. Vol. I. p. 85.

↵

*

Sir George Downing, who a few years before went from New-England.

↵

†

Massa. Hist. Vol. I. p. 159.

↵

*

Massa. Hist. Vol. I. p. 114.

↵

*

A great number of Addresses were drawn and laid before the Court, but all were exceptionable, which occasioned this call to the Elders for Advice.

↵

*

This was not accepted by the Court, The Address p. 325 was.

↵

*

Two young Merchants lately from England who were employed to make search for Whaley and Goffe, and seem to have been sincere in endeavouring to apprehend them, but care was taken that it should not be in their power.

↵

*

New-Haven was a government formed by a voluntary Combination, without any Charter, or Commission, or authority whatsoever from the Crown, or other Powers in England.

↵

*

This Address, though it passed the whole Court, I don't find to have been sent. I have several others which were prepared on this occasion in much the same sort of Rhetorick.

↵

*

The colony at this time was divided upon the expediency of sending agents to England. The Governor and Deputy Governor were against it, and though appointed to be of the committee declined acting. The agents themselves seem to have been pressed into the service. They feared a long detention in England and were not sure that they were intirely free from danger of restraint upon their liberty. Complaints had been preferred against the colony from all quarters. Mr. Bradstreet had been a magistrate from the beginning. It was well known that the elders or clergy used to be consulted and had great influence in every affair of moment, and Mr. Norton was of that order and of great note. Besides, it was doubtful what would be the fate of the charter. If taken away they would not know where to obtain satisfaction for any extraordinary expence or trouble in England.

The proceedings of this committee contribute to a just idea of the state of the colony at this period.

↵

*

This and the next Letter were prepared to be forwarded in case the Agents should not proceed.

↵

*

These are made the conditions of the Pardon which the King may annex as he thinks fit, on the performance whereof the validity of the Pardon will depend. What follows seems to be rather a requisition or recommendation of certain acts upon the performance whereof depends his Majesty's further grace and favour. This is called a Letter and certainly was not a Pardon under the great seal. It is however often claimed as a Grant or Charter as well for the remission of all Offences as for the confirmation of all Liberties and Privileges granted by Patent.

↵

*

I observe, in general, in these Papers the orthography of the originals. This is printed from an original signed by Sir Henry Bennet, afterwards Earl of Arlington.

↵

*

I suppose this to be the same Person who was sentenced to be fined or whipped for his antipaedobaptistical tenets, and who afterwards removed to Rhode Island where his posterity remain in repute to this day. See p. 309.

↵

*

This Capt. Scott, either under colour of the order of his Majesty in Council, p. 381, or some further proceedings in consequence of it, came to Long Island and laid claim to the property or jurisdiction or both, which gave great offence to New-Haven colony which had exercised jurisdiction over the East end of the Island. Scott was taken and imprisoned as appears by Colonel Goffe's journal, but the whole Island being soon after included in the grant to the Duke of York the controversy between New-Haven and Scott was settled.

↵

*

See Appendix to History of Massachusets Bay, V. I. p. 537.

↵

*

Mr. Endecott died before the next election.

↵

†

New Haven Colony.

↵

*

These three persons scrupled Infant Baptism, seperated from the churches of the country and, with others of the same persuasion with themselves, set up a church in Boston. Whilst Congregationalists in England were complaining of the intolerant spirit of Episcopalians there, Antipaedobaptists in New-England had equal reason to complain of the same spirit in the Congregationalists there.

↵

*

This letter of Sir Richard Saltonstall was sent me by the Rev. Mr. Mather, but too late to be brought into the collection in order of time. I have not seen any other of Sir Richard's manuscripts and am very loth he should not have the credit of this. It may well enough follow the sentence against Gould. It discovers a good deal of that catholic spirit which too many of our first settlers were destitute of, and confirms what I have said of Mr. Dudley's zeal in the first volume of the Massachusets History.

↵

*

If this Letter should be thought, in some parts of it, not equal to what might be expected from the general character of the writer, the reader will attribute it to the prevailing bigotry of the age, and the cause which he undertook to defend.

↵

*

This and the next preceding Letter are without date. Sir Richard was never in New England after 1631. These Letters must have been wrote between 1645 and 1653.

↵

*

See Appendix to Massa. Hist. Vol. I. p. 547.

↵

*

This Narrative was undoubtedly the work of the Commissioners, or some Person employed by them. The prejudice against the Massachusets Colony, where they met with the greatest opposition, appears in a strong light.

↵

*

Appendix to Hist. Massa. Vol. I. p. 547.

↵

*

This Col. Nicolls appears to have been a very worthy good man, true to his [...], but at the same time discreet; and he gained the esteem of the people of the Massachusets, who loved the man when they were making opposition to his measures.

↵

*

Col. Goffe always wrote in the name of Walter Goldsmith. His wife, Frances Goldsmith. He calls her mother, and calls his children brothers and sisters. She writes from London and he from Hadley in New-England.

↵

†

Whaley, her father.

↵

*

This Mr. Collins was educated at Harvard College and was a Minister in New-England, afterwards in London. The Colony having no Agent in England he seems, for several years, to have been the person principally employed to receive and give the necessary intelligence relative to public affairs.

↵

*

Mr. Knowles had been a Minister in New-England, but returned and settled in England.

↵

*

Whaley.

↵

†

His daughter Frances.

↵

*

The remarkable circumstances of two persons who had made so considerable a figure in England will, I hope, excuse the publication of this long letter, altho' it has no immediate relation to the affairs of the Massachusets colony.

↵

*

Doctor Hoar the President of the College.

↵

†

Minister of Cambridge, afterwards President of the College.

↵

*

Hist. Massa. Bay, Vol. I. p 3 [...]9.

↵

*

Left out of the nomination he intends.

↵

*

This is a misrepresentation. The first money of this impress being stamped in 1652 they never altered the date, altho' they stamped more annually for thirty years together.

↵

*

Unless they gave security for their fidelity to the satisfaction of the court.

↵

†

This is an extravagant computation.

↵

*

The Governor never had more than £. 100 per annum. I never met with any allowance to a Major-General, and suppose he had none except in actual action.

↵

*

The bounds of the colony upon the sea coast were never controverted nor uncertain.

↵

*

He means the Massachusets Colony often called Boston Government.

↵

*

Something is wanting to make out the sense.

↵

*

I never met with any evidence of this.

↵

*

Massa. History, Vol. I. p. [...]21.

↵

*

Randolph shews his malice against the Massachusets in this misrepresentation for Connecticut suffered but little by the war, and the Massachusets lost more of their substance as well as of their inhabitants than both the other colonies together.

↵

*

Randolph has put one cypher more than he should have done. Their annual charges never rose to £.2000 until the Indian war, then indeed they were greatly increased, but not the revenue in any proportion, the colony being left greatly in debt which was not paid in several years.

↵

†

This, I doubt not, is a most injurious insinuation.

↵

*

Not one man in a hundred throughout the governments then desired it.

↵

†

Massa. History Vol I. p. 253.

↵

*

This I have no doubt is a true copy of a petition which appears by the records to have been presented to the general court and, if it had been presented twenty years before, the court would have made the petitioners smart for their intermeddling, as they did Child and others. See Massa. Hist. Vol. I. p. 147.

↵

*

Widow of Hugh Peters.

↵

*

See Massa. Hist. Vol. I. p. 1 [...].

↵

*

They seem to have held out till the last in refusing to admit any to be freemen who were not, either church members or who did not, at least, obtain a certificate from the minister of the town that they were orthodox, of good lives, &c.

↵

*

This is very extraordinary, for this provision was an act of the colony declaring that the acts of trade should be in force there. Massa. Hist. Vol. I. p. 322.

↵

*

Massa. Hist. Vol. I. p. 335.

↵

*

This is a scandalous misrepresentation, unless he intended to save himself by supposing the governor and the whole country to be governed by a few, only, of those against whom he had just before exhibited articles of high misdemeanor.

↵

*

This is a copy of one of Mr. Randolph's letters, and I suppose the bad orthography is owing to the transcriber, for the originals are, in that respect, not very exceptionable.

↵

Information about this book

Title statement

A Collection of original papers relative to The history of the colony of Massachusets-Bay.

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI :

Date

2011-05.

ID [DLPS]

N08849

ID [TCP]

N08849

ID [STC]

Evans 11300

ID [NOTIS]

APY4062

ID [IMAGE-SET]

11300

ID [EVANS-CITATION]

99031190

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Series

Early American Imprints, 1639-1800 ; no. 11300.

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(Evans-TCP ; no. N08849)

Transcribed from: (Readex Archive of Americana ; Early American Imprints, series I ; image set 11300)

Images scanned from Readex microprint and microform: (Early American imprints. First series ; no. 11300)

Source

— A Collection of original papers relative to The history of the colony of Massachusets-Bay., Hutchinson, Thomas, 1711-1780. History of the colony of Massachusets-Bay..

Extent

[2], ii, 576 p. ; 20 cm. (8vo)

Printed by Thomas and John Fleet,,. Boston, New-England: :: 1769.. ("The papers of which this volume consists are intended to support and elucidate the principal facts related in the first part of The history of Massachusets-Bay [by Thomas Hutchinson], and may serve as an appendix to it."--p. ii.)

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