Journal of the Settlements of Massachusets and Other Colonies, Journal · Part 2 · Letter 1 – Letter 3

Journal of the Settlements of Massachusets and Other Colonies · Journal · Part 2 · Letter 1 – Letter 3

p. 329RIGHT WORSHIPFUL.

Upon the long and mature consideration of things I perceive that the main difference between yourselves and some of the Rev. Elders and me in point of jurisdiction and the evidencing thereof, is not of that nature and consequence as was then presented to me in the false glass of satan's temptations and mine own distempered passions, which makes me unfeignedly sorry that I had such an hand in those sharp and vehement contentions raised thereabouts to the great disturbance of the churches of Christ. It is the gift of my soul that I used such vehement censorious speeches in the application of my sermon, or in any other writing, whereby I reflected any p. 330dishonor upon your worships, the rev'd elders, or any of contrary judgment to myself. It repents me that I did so much adhere to persons of corrupt judgment, to the countenancing of them in any of their errors or evil practices, tho' I intended no such thing; and that in the synod I used such unsafe and obscure expressions falling from me as a man dazzled with the buffettings of Satan, and that I did appeal from misapprehension of things. I confess that herein I have done very sinfully, and do humbly crave pardon of this honored state. If it shall appear to me, by scripture light, that in any carriage, word, writing or action, I have walked contrary to rule, I shall be ready, by the grace of God, to give satisfaction: thus hoping that you will pardon my boldness, I humbly take leave of your worship, committing you to the good providence of the Almighty; and ever remain, your worship's in all service to be commanded in the Lord.

F. WHEELWRIGHT.

Wells, (7) 10—43.

Upon this …etter the court was very well inclined to release his banishment; and thereupon ordered that he might have a safe conduct to come to the court &c. hereof the Governor certified him by letter, and received this answer from him.

R. W.

I have received the letter wherein you signify to me that you have imparted my letter to the honorable court, and that it finds good applause, for which I rejoice with much thankfulness. I am very thankful to your worship for the letter of safe conduct which I formerly received, as likewise for the late act of court, granting me th… …me liberty in case I desire letters to that end. I should very willingly, upon letters received, express by word of mouth openly in court, that which I did by writing, might I, without offence, explain my true intent and meaning more fully to this effect: that notwithstanding my sailings, for which I humbly crave pardon, yet I cannot with a good conscience condemn myself for such capital crimes, dangerous revelations and gross errors, as have been charged upon me, the concurrence of which (as I take it) make up the very substance of the cause of all my sufferings. I do not see, but in so mixt a cause, I am bound to use, may it be permitted, my just defence so far as I apprehend myself to be innocent, as to make my confession where I am convinced of any delinquency; p. 331otherwise I shall seemingly and in appearance, fall under guilt of many heinous offences for which my conscience doth acquit me. If I seem to make suit to the honorable court for relaxation to be granted, by an act of mercy, upon my sole confession. I must offend my conscience, if by an act of justice upon mine apology and lawful defence, I fear lest I shall offend your worships. I leave all things to your wise and godly consideration, hoping that you will pardon my simplicity and plainness which I am forced unto by the power of an over-ruling conscience. I rest your worship's in the Lord.

F. WHEELWRIGHT.

Wells, (1) 1—43.

To this the Governor replied to this effect, viz. that tho' his liberty might be obtained without his personal appearance, yet that was doubtful, nor did he conceive that a wise and modest apology would prejudice the acceptance of his free and ingenuous confession, seeing the latter would justify the sentence of the court, which looked only at his action, and yet by the former, he might maintain the liberty of his conscience in clearing his intention from these ill deserving crimes which the court apprehended by his action: and withal, (because there might want opportunity of conveyance before the court) he sent him inclosed a safe conduct &c. The next court released his banishment without his appearance.

A ship coming from Virginia certified us of a great massacre lately committed by the natives upon the english there to the number of 300 at least,(3) 20. and that an indian whom they had since taken confessed that they did it because they saw the english took up all their lands from them, and would drive them out of the country, and they took this season for that they understood that they were at war in England, and began to go to war among themselves, for they had seen a fight in the river between a London ship which was for the parliament, and a Bristol ship which was for the king. He confessed further that all the indians within 600 miles were confederate together to root all strangers out of the country.

It was very observable that this massacre came upon them soon after they had driven out the godly ministers we had sent to them▪ and had made an order that all such as would not conform to the discipline of the church of England should depart the country by a certain day, which the massacre now prevented: and the Governor p. 332(one Sir Robert Berkley a courtier, and very malignant towards the way of our churches here) and council had appointed a fast to be kept thro' the country upon good Friday (as they call it) for the good success of the King &c. and the day before, this massacre began in the outparts of the contry round about, and continued two days, for they killed all, by sudden surprisal, living amongst them, and as familiar in their houses as those of the family. This massacre was accompanied with a great mortality. Upon these troubles divers godly disposed persons came from thence to New-England, and many of the rest were forced to give glory to God in acknowledging that this evil was sent upon them from God for their reviling the gospel and those faithful ministers he had sent among them.

A letter came to the Governor under the marks of Pesecus and Canonicus the sachem of Naragansett, but written by Gorton's company, to this effect, That they were purposed to make war upon Onkus in revenge of the death of Miantonamoh and others of their people whom he had slain, and that they marvelled why we should be against it—that they had put themselves under the government and protection of the King of England, and so were now become our fellow subjects, and therefore if any difference should fall between us and them, it ought to be referred to him; professing withal their willingness to continue all friendly correspondency with us.

The general court being assembled, when Mr. Endicott was chosen Governor and Mr. Winthrop Deputy Governor, they took this letter into consideration together with another from Gorton's company to the same effect, and sent two messengers to the Naragansetts with instructions to this purpose, viz. to know whether they did own that letter &c. and by whose advice they had done as they wrote, and why they would countenance and take council from such evil men and such as we had banished from us, and to persuade them to sit still, and to have more regard to us than such as Gorton &c. When our messengers came to them, Canonicus would not admit them into his wigwam for two hours, but suffered them to stay in the rain. When he did admit them, he lay along upon his couch, and would not speak to them more than a few froward speeches, but referred them to Pesacus, who coming after some four hours, carried them into an ordinary wigwam, and there p. 333had conference with them most part of the night. Their answers were witty and full to the questions; and their conclusion was, that they would presen…ly go to war upon Onkus, but not in such manner as Miantonamoh had done▪ by a great army, but by sending out parties of …0 or more or less, to catch his men, and keep them from getting their living &c.

At this court Passaconaway the Merrimack sachem came in and submitted to our government, as Pumha… &c. had done before.

Two of our ministers sons being students in the college robbed two dwelling houses in the night,(4) 5. of some £15— being found out they were ordered by the Governors of the college to be there whipped, which was performed by the pr…sident himself; yet they were about 20 years of age—and after they were brought into the court and ordered to two fold satisfaction, or to serve so long for it. We had yet no particular punishment for burglary.

At this court there arose some troubles by this occasion. Th…se at Essex had procured at the court before, that the deputies of the several shires should meet before this court to prepare business &c. which accordingly they did, and propounded divers things which they agitated and concluded among themselves without communicating them to the other shires, who conceived they had been only such things as had concerned the commonwealth, but when they came now to be put to this court, it appeared that their chief intent was to advantage their own shire. As 1. by drawing the government thither. 2. By drawing the courts thither. 3. By drawing a good part of the country stock thither. 4. By procuring 4 of those parts to be joined in commission with the magistrates—and for this end they had made so strong a party among the deputies of the smaller towns (being most of them mean men, and such as had small understanding in affairs of state) as they easily carried all these among the deputies, but when the two bills came to the magistrates they discerning the plot, and finding them hurtful to the commonwealth, refused to pass them, and a committee of both being appointed to consider the reasons of both sides, those of the magistrates prevailed.

But the great difference was about a commission which the deputies sent up, whereby power was given to seven of the magistrates and three of the deputies and Mr. Ward (some time pastor of Ipswich, and still a preacher) p. 334to order all affairs of the commonwealth in the vacancy of the general court, which the magistrates returned with this answer—That they conceived such commission did tend to the overthrow of the foundation of our government, and of the freemens …iberty, and therefore desired the deputies to consider of a way how this danger might be avoided and the liberty of the freemen preserved invioable, otherwise they could not comfortably proceed in other affairs. Upon this return all the deputies came to confer with the magistrates. The exceptions the magistrates took were these. 1. That this court should treat general affairs which the freemen had reserved to the court of elections. 2. That they should put out four of the magistrates from that power and trust which the freemen had committed to them. 3. At the commission itself, seeing they ought not to accept that power by commission which did belong to them by the patent and by their election. They had little to answer to this, yet they alledged a precedent or two where this court had ordered some of the magistrates and some others to be a council of war, and that we had varied from our patent in some other things, and therefore were not bound to it in this. But they chiefly stood upon this, that the Governor and assistants had no power out of court but what was given them by the general court. To this the magistrates replied. 1. That such examples as were against rules or common right were errors and no precedents. 2. That council was for our particular case only and not of general extent. 3. In those things wherein we had varied from our patent we did not touch the foundation of our government. To the last it was said, that the Governor and assistants had power of government before we had any written laws or h…d kept any courts; and to make a man a governor over a people, gives him, by necessary consequence, power to govern that people, otherwise there were no power in any commonwealth to order, dispose or punish in any case which might fall out, that there were no positive law declared in. It was consented to that this court had authority to order and direct the power of these magistrates for time, place, persons &c. for the common good, but not wholly to deprive them of it, their office continuing: so as these being chosen by …he people by virtue of the patent, to govern the people, a chief part whereof consist in counsel, they are the standing council of the commonwealth, and therefore p. 335in the vacancy of this court, may act in all the affairs thereof without any commission. Upon this they withdrew, and after a few hours came again, and then they tender'd a commission for war only, and more of the magistrates to be left out, but the magistrates refused to accept of any commission, but they would consent the same should pass by order so as the true power of the magistrates might be declared in it: or to a commission of association, to add three or four others to the magistrates in that council: or to continue the court a week longer and send for the elders to take their advice in it; but none of these would be accepted. But they then moved that we would consent that nothing might be done 'till the court met again (which was before agreed to be adjourned to the 28th of (8). To this was answered, that if occasion required, they must act according to the power and trust committed to them; to which their speaker replied —You will not be obeyed.

Two days after the cou…t was broken up,(4) 23. Pumham sent two men to Boston to tell us that the Naragansetts had taken and killed six of Onkus' men and 5 women, and had sent him two hands and a foot to engage him in the war, but he refused to receive them and sent to us for counsel &c. This occasioned such of the magistrates and deputies as were at hand (advising also with some of the near elders) to meet to consult about calling the court, and agreed, both in regard of this news from the indians, and especially for speedy reconciling the magistrates and deputies, to write to the Governor that the court might be called the 28th following, which the Governor assented unto.

The court being assembled, they took order for 10 men to be sent to Pumham according to his desire, to help him make a fort of pallisadoes &c. but the men being volunteers, asked 10s per week for each man, and such spoil as they should get if they were put to fight, and arms fixed and powder and shot. Whereupon the court fearing it would be an ill precedent, staid and sent word to Pumham that the men were ready, but he must pay them &c.

The commission also for the serjeant major general was agreed and sealed, and in it he was referred to receive his instructions &c. from the council of the commonwealth, but who were thi… council was not agreed. Whereupon the magistrates all save two signed a declaration in maintenance of their authority, and to clear the aspersions cast p. 336upon them, as if they intended to bring in an arbitrary government &c. This they sent first to the deputies with intimation that they intended to publish it, whereupon the deputies sent to desire that it might not be published, and desired a committee might me… to state the difference between us, which was done, and the difference was brought under this question—where the magistrates are by patent and election of the people the standing council of the commonwealth in the vacancy of the general court, and have power accordingly to act in all cases subject to government according to the said patent and the laws of this jurisdiction; and when any necessary occasions call for action from authority, in cases where there is no particular express law provided, there to be guided by the word of God 'till the general court give particular rules in such cases? This difference being thus stated, they drew up this following order and sent it to us, viz.

Whereas there is a difference between the Governor, Assistants and Deputies in this court, concerning the power of the magistrates in the vacancy of the general court—We therefore (salvo jure) for the peace and safety of this colony, do consent that the Governor and assistants shall take order for the welfare of this commonwealth in all sudden cases that may happen within our jurisdiction until the next session of this court, when we desire this question may be determined.

This we accepted (with the salvo jure) but we had refused to accept of another they sent us before in these words—We do authorise those three which are of the standing council to proceed &c.

Upon this agreement the magistrates consented that the declaration should remain with the secretary and not be published without the consent of the major part of the magistrates, which we intended not to do except we were necessitated thereto by the deputies misreport of our proceedings. And indee… some of the magistrates … decline the publishing the…of upon this apprehension▪ that it would cause a public b…ach throughout this country: and if it should come to that the people would fall into factions, and the nonmembers would certainly take part with the magistrates (we should not be able to avoid it) and this would make us and our cause, though never so just, obnoxious to the common sort of freemen, the issue whereof must needs have be… very doubtful.

p. 337Mr. George Phillips was buried, he was the first pastor of the church of Watertown, a godly man, specially gifted, and very peaceful in his place,(5) …. much lamented of his own people and others.

Another great error the deputies committed, which also arose out of the same false bottom, viz. the choosing one of the younger magistrates (though a very able man) Mr. Bradstreet, and one of the deputies Mr. Ha…borne (the principal man in all these agitations) a young man also, to be commissioners for the united cononies; both eastern men, quite out of the way of opportunity of correspondency with the other confederates; whereas all the rest had chosen either their Governers or other chief magistrates; and ourselves had formerly chosen the Governor and Mr. Dudley. Thus usual it is for one error in state to beget others.

This also was a failing in them, that when the Governor of Plimouth (our brethren and confederat…) wrote earnestly to us, in their great want of powder, to supply them out of our store, and the magistrates had granted them two barrels, the deputies stopped it, and would not consent they might have liberty to buy for their money.

Those also of Aquiday Island, being in great fear of the indians, wrote to us for some powder and other ammunition, but the court was then adjourned; and because the depu…ies had denied our confederates, the magistrates thought not fit to supply them: but certainly it was an error (in the state policy at least) not to support them, for tho' they …ere desperately erroneous and in such distraction among themselves as portended their ruin, yet if the indians should prevail against them, it would be a great advantage to the indians, and danger to the whole country by the arms &c. that would there be had, and by the loss of so many persons and so much cattle and other substance belonging to above 120 families. Or if they should be forced to seek protection from the Dutch, who would be ready to accept them, it would be a great inconvenience to all the english to have so considerable a place in the power of strangers so potent as they are.

… error also was this, that when by the articles of … we were bound, if any of our confedera… … any pressing occasion should send to us for aid, we sho… forthwith send them such a number of men as is agreed upon in the articles—yet the deputies would p. 338not consent that upon any such occasion the magistrates should raise any man without calling a general court, which would put the country to great charge, and might occasion the loss of the opportunity, and when they should be assembled there would be no use of council, the thing being already determined by the articles of confederation.

(5) 15.Upon the earnest importunity of Pumham who feared the Naragansetts because of their threatnings, that it might really appear that we did own them and would protect them, we sent 10 men and an officer a discreet man, to command them, and gave them commission to stay there one, two, or three days, as &c. with charge not to enter into the limits of the Naragansett, nor to provoke them &c. and if they were forced to defend themselves, yet they should not pursue the enemy if he retired &c.

Two new ships, one of 250—built at Cambridge, the other of 200, built at Boston, set sail towards the Canaries laden with pipe staves, fish &c.

The court braking up in haste (it being on the evening of the fast appointed) gave order to the magistrates in the bay to return answer to the Dutch Governor's letter of (12) 11. which accordingly was done, to this effect, viz. Gratulation of his respect and correspondency with us— manifestation of our good will to him, and desire of continuance of all friendly intercourse &c.—acknowledging that he had largely and prudently discoursed of the matters in difference: but we are also to attend the allegations on the other parties. But seeing proofs were not yet had on either side, he could expect no further answer than before: but if he would please to send commissioners to Hartford to treat with the commissioners for the colonies, it would be very acceptable, and a hopeful means to prepare for a good issue.

Anabaptistry …ncreased and spread in the country, which occasioned the magistrates, at the last court, to draw an order for banishing such as continued obstinate after due conviction. This wa… sent to the elders who approved of it with some mitigations, and being voted and sent to the deputies, it was after published.

A poor man of Hingham, one Painter, who lived at New-Haven and at Rowly and Charlestown, and been …ndalous and burdensome by his idle and troublesome …aviour to them all, was now on the sudden turned anabaptist, and having a child born, he would not suffer p. 339his wife to bring it to the ordinance of baptism, for she was a member of the church, though himself were not: being presented for this and enjoined to suffer the child to be baptized, he still refusing, and disturbing the church, he was again brought to the court not only for his former contempt, but also for sa…ing that our baptism was antichristian; and in the open court he affirmed the same— whereupon after much patience and clear conviction of his error &c. because he was very poor, so as no other but corporal punishment could be fastened upon him, he was ordered to be whipped, not for his opinion, but for reproaching the Lord's ordinance, and for his bold and evil behaviour both at home and in the court. He endured his punishment with much obstinacy, and when he was loosed▪ he said boastingly, that God had marvelously assisted him. Whereupon two or three honest men his neighbours affirmed before all …he company, that he was of very l…ose behaviour at home, and given much to lieing and idleness &c. nor had he any great occasion to g…her God's assistance from his stillness under the punishment which was but moderate, for divers notorious malefactors had shewed the like, and one the same court.

Here arrived Mons'r La Tour who understood by letters from his lady▪ (5) 15.that Mons'r D'Aulnay had prevailed against him in France, and was coming with great strength to subdue him: whereupon he came to desire some aid, if need should be.

Natascott being formerly made a town, and having near 20 houses and a minister, was by the last general court named Hull.

At this court Capt. Jenyson, captain of the military company in Watertown, an able man who had been there from the first settling of that town, having a year before (being then a deputy) in private conference, questioned the lawfulness of the parliament's proceeding in England, was sent for by the deputies, and examined about it, and after before the magistrates. He ingeniously confessed his scruple, but took offence, that being a church member, and in public office▪ he should be openly produced merely for matter of judgment, not having been first dealt with in private, either in a church way or by some of the magistrates, which seemed to some of the court to have been a failing. The court was unwilling to turn him out of place, having been a v…ry useful man &c. yet not seeing how he might be trusted, being of that judgment, p. 340yet professing that he was assured that those of the parliament side were the more godly and honest part of the kingdom, and that tho' if he were in England, he should be doubtful whether he might take their part aagainst their prince, yet if the king or any party from him, should attempt any thing against this commonwealth, he should make no scruple to spend estate and life and all in our defence against them. He was dismissed to further consideration, and the court being broken up, he came soon after to some of the magistrates and told them that this questioning in the court had occasioned him to search further into the point, and he was now satisfied that the parliament's cause was good, and if he were in England he would assist in defence of it.

The contentions in Hampto… were grown to a great height, the whole town was divided into two factions one with Mr. Batchellor their late pastor, and the other with Mr. Dalton their teacher, both men very passionate and wanting discretion and moderation. Their differences were not in matters of opinion but of practice, Mr. Dalton's part being the most of the church, and so freemen, had great advantage of the other, tho' a considerable part and some of them of the church also, whereby they carried all affairs both in church and town according to their own minds, and not with that respect to their brethren and neighbours which had been fit. Divers meetings had been both of magistrates and elders, and parties had been reconciled but brake out presently again, each side being apt to take fire upon any provocation—whereupon Mr. Batchellor was advised to remove, and was called to Exeter whither he intended to go, but they being divided, and at great difference also, when one part had appointed a day of humiliation to gather a new church, and call Mr. Batchellor, the court sent order to stop it, for they considered they were not in a fit condition for such a work, and beside, Mr. Batchellor had been in three places before, and through his means as was supposed, the churches fell to such divisions, as no peace could be 'till he was removed. And at this court there came petition against petition both from Hampton and Exeter; whereupon the court ordered two or three magistrates to be sent to Hampton with full power to hear and determine all differences there.

At Wenham also there was a public assembly for gathering a church, but the magistrates and elders present, p. 341finding upon trial, that the persons appointed were not fit for foundation stones, they advised them not to proceed, which they obeyed.

About this time Mr. Vines of Saco,(4) & (5) Mr. Short of Pemaquid, and Mr. Waverton of Piscat: went to La Tour to call for some debts &c. In their way they put in at Penobscott and were there detained prisoners a few days; but after, for Mr. Short's sake, to whom D'Aulnay was in debt, they were dismissed: and going to La Tour, Mr. Waverton and some other englishmen of the eastern parts were entertained by him and sent with some 20 of his men to try if they could not take Penobscott, for he understood the fort was weakly manned and in want of victual. They went first to a farm house of D'Aulnay's about six miles off, and there Waverton and two more went and knocked at the door, with their swords and pistols ready: one opens the door, and another presently shoots Waverton dead, and a third shoots his second in the shoulder, but he withal discharged his pistol upon him that shot him, and killed him. Then other of Waverton's company came in and took the house and the two men (for there were no more) prisoners, and they burnt the house and killed the cattle they found there, and so embarked themselves and came to Boston to La Tour. This Thomas Waverton was a stout man and had been a soldier many years: he had lived very wickedly in whoredom, drunkeness and quarrelling, so as he had kept the Piscat: men under care of him divers years 'till they came under this government, and since that he was much restrained, and the people freed from his terror. He had of late came under some terrors, and motions of the spirit by means of the preaching of the word, but he had shaken them off, and returned to his former dissolute course, and so continued 'till God cut him off by this sudden execution. But this hostile action being led on by an englishman of our jurisdiction, it was like to provoke D'Aulnay the more against us.

There was mention made before of a pinnace sent by the company of discoverers (3) 3. to Delaware river with letters from the Governor to the Dutch and Swedish Governors for liberty to pass. The dut…h promised to let them pass, but for maintaining thei… own interest he must protest against them. When they came to the Swedes, the fort shot at them, ere they came up: whereupon they cast forth anchor, and the next morning, being the p. 342Lord's day, the lieut. came aboard them and forced them to fall down lower; when Mr. Aspenwall came to the Governor and complained of the lieutenant's ill dealing both in shooting at them before he had hailed them, and in forcing them to weigh anchor on the Lord's day. The Governor acknowledged he did ill in both, and promised all favor, but the dutch agent being come down to the Swede fort, shewed express order from the dutch Governor not to let him pass, whereupon they returned. But before they came out of the river, the Swedish lieutenant made them pay 40s. for that shot which he had unduly made. The pinnace arrived at Boston (5) 20.—44. See page.

A dutch ship came from the West Indies and brought to Monhatoes 200 soldiers from Curassou, which was taken by the Portugal and the indians and 800 slain of the dutch part, as was reported.

23La Tour having been with the Governor at Salem and made known his condition to him, he was moved with compassion towards him▪ and appointed a meeting of the magistrates and elders at Boston this day. In opening La Tour's case it appeared that the place where his fort was, had been purchased by his father of Sir William Alexander▪ and he had a free grant of it, and of all that part of New Scotland, under the great seal of Scotland, and another grant of a Scott Baronet under the same seal; and that himself and his father had continued in possession &c. about 30 years, and that Port Royal was their's also, until D'Aulnay had dispossessed him of it by force within these five years. Most of the magistrates and some of elders were clear in the case that he was to be relieved, both in point of charity as a distressed neighbour, and also in point of …rudence, as thereby to root out, or at least weaken, an enemy or a dangerous neighbour. But because many of the elders were absent, and three or four of the magistrates dissented, it was agreed the rest of the elders should be called in, and that another meeting should be at Salem the next week. When they were met, the Governor propounded the case to them, and it was brought to the two former questions. 1. Whether it were lawful for true christians to aid an antichristian. …. Whether it were safe for us in point of prudence. After much disputation, some of the magistrates and elders remaining unsatisfied, and the rest not willing to conclude any thing in this case without a full consent, a third way was propounded which all assented p. 343unto, which was this, that a letter should be sent to D'Aulnay to this effect, viz. That by occasion of some commissions of his (which had come to our hands) to his captains to take our people &c. and not knowing any just occasion we had given him, to know the reason thereof, and withal to demand satisfaction for the wrongs he had done us and our confederates in taking Penobscott, and our men and goods at Isle Sable, and threatening to make prize of our vessels if they came to Penobscott &c. declaring withal that altho' our men which went last year to aid La Tour did it without any commission from us, or any counsel or act of permission of our state; yet if he made it appear to us that they had done him any wrong (which yet we knew not of) we should be ready to do him justice; and requiring his express answer by the bearer, and expecting that he should call in all such commissions &c. We subscribed the letter with the hands of eight of the magistrates, and directed it to Mons'r D'Aulnay Knight, General for the King of France in L. Acady at Port Royal. We sent it in English because he had written to our Governor in French, but understanding that he had been formerly scrupulous to answer letters in english, we therefore gave the messenger a copy of it in French. We sent also in the letter a copy of an order published by the Governor and council, whereby we forbad all our people to use any act of hostility otherwise than in their own defence, towards french or dutch &c. 'till the next general court &c. In our letter we also mentioned a course of trade our merchants had entered into with La Tour, and our resolution to maintain them in it.

Before this letter was sent we had intelligence from the W. Indies, that D'Aulnay was met at sea by some Biscayers and his ship sunk, yet being not certain hereof when La Tour went home, we sent the letter by a vessel of our own which accompanied him, to be delivered if occasion were. This news proved false and no such thing wa… ▪ and indeed it was so usual to have false news brought from all parts, that we were very doubtful of the most probable reports.

At the same meeting there were three other questions on foot—the first was upon this occasion.

Capt. St…gg arriving at Boston in a ship of London of 24 pieces of ordonance, and finding there a ship of Bristol of …00 tons, laden with fish for Bilboa, he made no p. 344speech of any commission he had, but having put on shore a good part of his lading, … was wine from Teneriffe, he suddenly weighed … with the sailed from before Boston to Charlestown and placed his ship betwen Charlestown and the British ship, and moved himself aboard her. Then he called the master of the British ship and shewed him his commission and told him if he would yield, himself and all his should have what belonged to them and their wages to that day, and turning up the ½ hour glass, set him in his own ship again, requiring to have his answer by that time of ½ an hour. The master coming aboard acquainted his men with it, and demanded their resolution: two or three would have faught, and rather have blown up ship than have yielded; but the greater part prevailed, so she was quietly taken, and all the men save three sent to Boston, and there order was taken by the captain for their diet. In this ½ hour's time much people gathered together upon Windmill hill to see the issue, and some who had interest in the ship, especi…ly one Bristoll merchant (a very bold malignant person) began to gather company and raise a tumult, but some of the people present laid hold of them and brought them to the Deputy Governor, …ho committed the merchant and some others who were strangers to a chamber in an ordinary, with a guard upon them: and others who were town dwellers he committed to prison, and sent the constable to require the people to depart to their houses; and then hearing that the ship was taken, he wrote to the captain to know by what authority he had done it in our harbour, who forthwith repaired to him with his commission which was to this effect.

Rbt. comes Warwici &c. magnus Admiral in Anglia &c. orb: et cujuscunque status honoris &c. salutum. Sciatis quod in registro cuj: Admiralis &c.—and so recites the ordinance of parliament in English, to this effect. That it should be lawful for all men &c. to set forth ships and to take all vessels in or outward bound to or from Bristoll, Barnstable, Dartmouth &c. in hostility against the King and parliament, and to visit all ships in any port or creek &c. by force, if they should refuse &c. & they were to have the whole prize to themselves paying the £10 to the Admiral provided before they went forth they should give security to the Admiral to observe their commission and that they should make a true invoice of p. 345all goods, and not break bulk, but bring the ship to the admiral and two or three of the officers, and that they should not rob or spoil any of the parliaments friends, and so concludes thus. Stagg Capitanis obligavit se &c. in bis mille libris &c. In cujus rei testimonio sigillum Admiralis apponi feci.

Dated, March, 1644.

Upon sight of this commission the Deputy appointed Capt. Stagg to bring or send it to the meeting at Salem, and the tumult being pacified, he took bond with sureties, of the principal stirrers, to appear at the meeting and to keep the peace in the mean time. The captain brought his commission to Salem and there it was read and considered. Some of the elders, the last Lord's day, had in their sermons reprove… his proceeding, and exhorted the magistrates &c. to maintain the people's liberties, which were▪ they said, violated by this act, …nd that a commission could not supersede a patent: and at this meeting some of the magistrates and some of the elders were of the same opinion, and that the captain should be forced to restore the ship. But the greater part of both were of a different judgment—Their reasons were these.

1. Because this could be no precedent to bar us from opposing any commission or other foreign power that might indeed tend to our hurt or violate our liberty; for the parliament had taught us, that salus populi is suprema lex.

2. The King of England was enraged against us and all that party, and all the popish states in Europe: and if we should now, by opposing the parliament, cause them to forsake us, we could have no protection or countenance from any, but should lie open as a prey to all men.

3. We might not deny the parliament's power in this case, unless we should deny the foundation of our government by our patent; for the parliament's authority will take place in all peculiar and privileged places where the King's writs or commissions will not be of force; as in the Dutchy of Lancaster, the Cinque ports, and in London itself, the parliament may fetch at any man, even the Lord Mayor himself, and the reason is, because what the parliament doth is done by themselves, for they have their burgesses &c. there; nor need they fear that the parliament will do any man wrong: and we have consented to hold our land of the manor of E. Greenwich, and so such as are burgesses or knights for that manor, are p. 346our burgesses also. This only might help us, that the King giving us land which was none of his, but we were forced to purchase it of the natives, or subdue it as vacuum domicillium, we are not bound to hold that of him which was not his. But if we stand upon this plea, we must then renounce our patent and England's protection, which were a great weakness in us, seeing their care … been to strengthen our liberties and not overthrow them: and if the parliament should hereafter be of a malignant spirit &c. then if we have strength sufficient, we may make use of salus populi to withstand any authority from thence to our hurt.

4. Again, if we who have so openly declared our affection to the cause of the parliament by our prayers, fastings &c. should now oppose their authority, or do any thing that might make such an appearance, it would be laid hold on by those in Virginia and the W. Indies to confirm them in their rebellious course; and it would grieve all our godly friends in England, or any other of the parliament's friends.

5. Lastly, if any of our people have any goods in the ship, it is not to be questioned, but upon testimony, the parliament will take order for their satisfaction.

It was objected by some, that our's is perfecta respublica and so not subject to appeals, and consequently to no other power but among ourselves. It was answered, that tho' our patent frees us from appeals in cases of judicature, yet not in point of state; for the king of England cannot erigere perfectam rempublicam in such a sense: for nemo potest plus jure in alios transferre quam in se habet; he hath not an absolute power without the parliament.

Upon these and other considerations it was not thought fit to oppose the parliament's commission, but to suffer the captain to enjoy his prime. But because some of our merchants had put goods aboard her wherein they claimed property, they desired to try their right by action, to which the captain consented to appear, so a court was called of purpose, the issue thereof follows after.

The third matter which fell into consideration at the said meeting at Salem was about one Franklin who at the last court of assistants was found guilty of murder, but some of the magistrates doubting of the justice of the case, he was reprieved 'till the next court of assistants. The case was this. He had taken to apprentice one Nathaniel p. 347Sewell one of those children sent over the last year for the country; the boy had the scurvy, and was withal very noisome, and otherwise ill disposed. His master used him with continual rigor and unmerciful correction, and exposed him many times to much cold and wet in the winter season, and used divers acts of rigor towards him, as hanging him in the chimney &c. and the boy being very poor and weak, he tied him upon an horse and so brought him (sometimes sitting and sometimes hanging down) to Boston, being five miles off, to the magistrates; and by the way the boy calling much for water, would give him none, tho' he came close by it, so as the boy was near dead when he came to Boston, and died within few hours after. Those who doubted whether this were murder or not, did stick upon two reasons chiefly. 1. That it did not appear that the master's intention was to hurt him, but to reform him. 2. In that which was most likely to be the occasion or cause of his death, he was busied about an action which in itself was lawful, viz. the bringing of him before the magistrates; and murder cannot be committed but where the action and intention both are evil. To this it was answered—that this continual act of cruelty did bring him to death by degrees, and the last act was the consummation of it; and that this act, in regard to the subject, who to the apprehension of all that saw him, was more fit to be kept in his bed, than to be haled to correction, was apparently unlawful. As in case a man had a servant sick in bed of the small pox newly come forth, and that his master knowing and seeing these upon his body should, against the physician's advice, hale him forth of his bed into the open air in frosty weather, upon pretence that he might ease nature &c. this act in regard of the state of the subject, were utterly unlawful, and if the servant should die under his hand &c. it were murder in him. As for the intention, though prima intentio might be to reform him, yet sure proxima intentio was evil, because it arose from distemper of passion; and if a man in a sudden passion kill his dear friend or child, it is murder, though his prima intentio were to instrust or admonish him▪ and in some cases where there appears no intention to hurt, as where a man knowing his ox to have used to push, shall not keep him in, so as he kills a man, he was to die for it, though to keep an ox were a lawful act, and he did not intend hurt, but because he did not what he reasonably ought to prevent &c. therefore he was a murderer:—And that in Exodus p. 348if a master strike his servant with a rod, which is a lawful action, and he die under his hand (as this servant did) he was to die for it:—And that in Deut. if a man strike with a weapon or with his hand, or any thing wherewith he may die, and he …, he is a murderer,— shews plainly, that let the means be what it may, if it be voluntarily applied to an evil intent, it is murder; according to that judgment given against her that gave a potion to one to procure his love, and it killed him, it was adjudged murder.

All the magistrates seeming to be satisfied upon this conference, warrant was signed by the Governor for his execution a week after: which was not approved by some in regard of his reprieval to the next court of assistants, but it was without any good reason: for a condemned man is in the power of the magistrate to be executed when he please, and the reprieval was no stipulation or covenant with him, but a determination among the magistrates for the satisfaction of some who were doubtful, which satisfaction being attained, currat lex &c. Pro. 22. He shall go to the pit, let no man hinder him.

This man had been admitted into the church of Roxbury about a month before, and upon this he was cast out; but the church in compassion to his soul, after his condemnation, procured licence for him to come to Roxbury, intending to receive him in again before he died, if they might find him truly penitent. But tho' presently after his condemnation he judged himself, and justified God and the court, yet then he quarrelled with the witnesses, and justified himself, and so continued even to his execution, professing assurance of salvation, and that God would never lay the boy his death to his charge, but the guilt of his blood would lie upon the country. Only a little before he was turned off the ladder, he seemed to apprehend some hardness of heart tha… he could not see himself guilty of that which others did.

A fourth matter then in consideration was upon a speech which the Governor made to this effect, viz. 1. That he could not but bewail the great differences and jarrings which were upon all occasions, among the magistrates, and between them and the deputies—that the ground of this was jealousies and misreports; and thereupon some elders siding &c. but not dealing with any of them in a way of God; but hearing them reproached and passing it in silence: also their authority questioned, as if they had none out of court but what must be granted p. 349them by commission from the general court &c.—and the way to redress hereof was, that the place and power of magistrates and deputies might be known; and so the elders were desired (which they willingly assented to) to … mediators of a thorough reconciliation, and to go abo…t it presently, and to meet at Boston two or three days before the next court to perfect the same. But indeed the magistrates did all agree very well together except two only, viz. Mr. Bellingham and Mr. Saltonstall, who took part with the deputies against the other ten magistrates about their power, and in other cases where any difference was. And some of the elders had done no good offices in this matter thro' their misapprehensions both of the intentions of the magistrates, and also of the matters themselves, being affairs of state, which did not belong to their calling.

The merchants which had to do with the goods in the ship which was seized by Capt. Stagg, being desirous to do their utmost to save their principals in England from damage, knowing them to be honest men and faithful to the parliament, intended to have a trial at law about it, and procured an attachment against the captain; but they were dissuaded from that course, and the Deputy sent for Capt. Stagg and acquainted him with it, and took his word for his appearance at the next court which was called of purpose. When the Governor and six other of the magistrates were met (for the Governor did not send for such as dwelt far off) and the jury, the merchants were pursuaded not to put it to a jury, for the jury could find no more but the matter of fact, viz. whose the goods were, whether the merchants in England or theirs who shipped them, in regard they had not yet made any consignment of them, nor taken any bills of lading: and this the magistrates could as well determine upon proof, and certify accordingly: for it was resolved not to use any force against the parliament's authority; and accordingly they certified the Lord Admiral of the true state of the case as they found it upon examination and oath of the factors.

The pinnace which went to Delaware upon discovery returned with loss of their voyage. The occasion was, the Dutch Governor made a protest against them, yet promised them leave to pass &c. provided they should not trade with the indians: also the Swedish Governor gave them leave to pass, but would not permit them to p. 350trade; and for that end each of them had appointed a pinnace to wait upon our pinnace, but withal the master of their vessel proved such a drunken sott, and so complied with the Dutch and Swedes as they feared. When they should have left the vessel to have gone up to the lake in a small boat, he would in his drunkenness have betrayed their goods &c. to the Dutch, whereupon they gave over and returned home; and bringing their action against the master both for his drunkenness and denial to proceed as they required, and as by charter party he was bound, they recovered £200 of him, which was too much, tho' he did deal badly with them, for it was very probable they could not have proceeded.

There fell out a troublesome business at Boston, upon this occasion. There arrived here a Portugal ship with salt, having in it two englishmen only. One of these happened to be drunk and was carried to his lodging, and the constable (a godly man and zealous against such disorders) hearing of it, found him out, being upon his bed asleep, so he awaked him, and bade him to the stocks, there being no magistrate at home. He being in the stocks, one of La Tour's gentlemen lifted up the stocks and let him out. The constable hearing of it went to the frenchman (being then gone and quiet) and would needs carry him to the stocks; the frenchman offered to yield himself to go to prison, but the constable not understanding his language pressed him to go to the stocks: the frenchman resisted and drew his sword—with that company came in and disarmed him, and carried him by force to the stocks, but soon after the constable took him out and carried him to prison, and presently after took him forth again and delivered him to La Tour. Much tumult there was about this: many frenchmen were in town, and other strangers which were not satisfied with this dealing of the co…able, yet were quiet. In the morning the magistrates examined the cause and sent for La Tour who was much grieved for his servants miscarriage, and also for the disgrace put upon him (for in France it is a most ignominious thing to be laid in th… stocks) but yet he complained not of any injury, but left him wholly to the magistrates to do with him what they pleased. The magistrates told him they were sorry to have any such occasion against any of his servants, but they must do justice, and therefore they must commit him to prison except he could find sureties to be forth coming, p. 351to answer &c. and to keep the peace. La Tour's gentlemen offered to engage themselves for him.—They answered they might not take security of strangers in this case, otherwise they would have desired no more than La Tour's own word. Upon this two englishmen, members of the church of Boston, standing by, offered to be his sureties, whereupon he was bailed 'till he should be called for, because La Tour was not like to stay 'till the court. This was thought too much favor for such an offence by many of the common people, but by o…r law bail could not be denied him, and beside the constable was the occasion of all this in transgressing the bounds of his office, and that in six things. 1. In fetching a man out of his lodging that was asleeep upon his bed and without any warrant from authority. 2. In not getting a hook upon the stocks, nor setting some to guard them. 3. In laying hands upon the Frenchman that had opened the stocks when he was gone and quiet, and no disturbance of the peace then appearing. 4. In carrying him to prison without warrant. 5. In delivering him out of prison without warant. 6. In putting such a reproach upon a stranger and a gentleman, when there was no need, for he knew he would be forthcoming, and the magistrate would be at home that evening: but such are the fruits of ignorant and misguided zeal. It might have cost much blood and no good done by it, and justice might have had a more fair and safe way, if the constable had kept within his own bounds, and had not interfered upon the authority of the magistrate. But the magistrates thought not convenient to lay these things to the constables charge before the assembly, but rather to admonish him for it in private lest they should have discouraged and discountenanced an honest officer, and given occasion to the offenders and their abettors to insult over him. The constable may restrain, and if need be, imprison in the stocks, such as he sees disturbing the peace, but when the affray is ended and the parties departed and in quiet, it is the office of the magistrate to make inquiry and to punish it, and the persons so wrongfully imprisoned by the constable might have had their action of false imprisonment against him.

About 9 in the evening there fell a great flame of fire down into the water towards Pullen point;(6) 26. it lighted the air far about: it was no lightning, for the sky was very clear.

p. 352At Stamford an indian came into a poor man's house, none being at home but the wife, and a child in the cradle, and takng up a lathing hammer as if he would have bought it, the woman stooping down to take her child out of the cradle, he struck her with the sharp edge upon the side of her head, wherewith she fell down, and then he gave her two cuts more which pierced into her brains, and so left her for dead, carrying away some cloaths which lay at hand. This woman after a short time came to herself and got out to a neighbours house, and told what had been done to her and described the indian by his person and cloaths &c. Whereupon many indians of those parts were brought before her, and she charged one of them confidently to be the man, whereupon he was put in prison with intent to have put him to death▪ but he escaped, and the woman recovered, but lost her senses. A good time after the indians brought another indian whom they charged to have committed that fact, and he, upon examination confessed it, and gave the reason thereof, and brought forth some of the cloaths which he had stolen. Upon this the magistrates of New-Haven taking advice of the elders in those parts, and some here, did put him to death. The executioner would strike off his head with a falchion, but he had eight blows at it before he could effect it, and the indian sat upright and stirred not all the time.

(7) 7.Here came a pinnace from Virginia with letters from the Governor and Council there for procuring powder and shot to prosecute their war against the indians, but we were weakly provided ourselves, and so could not afford them any help in that kind.

9Mr. La Tour departed from Boston; all our train bands (it being then the ordinary training day) made a guard for him to his boat; and the Deputy Governor and many others accompanied him to the wharf. When he was aboard his bark he weighed and set sail and shot off all his guns, which were six, and our small shot gave him a volley and one piece of ordonance, and all the ships, viz. four, saluted him, each of them with three pieces.

At the court of assistants, Thomas Morton was called forth presently after the lecture, that the country might be satisfied of the justice of our proceeding against him. There was laid to his charge his complaint against us at the council board, which he denied, then we produced the copy of the bill exhibited by Sir Christopher Gardiner &c. p. 353wherein we were charged with treason, rebellion &c. wherein he was named as a party or witness. He denied that he had any hand in the information, only was called as a witness. To convince him to be the principal party, it was shewed. 1. That Gardiner had no occasion to complain against us, for he was kindly used, and dismissed in peace, professing much engagement for the great courtsey he found here. 2. Morton had set forth a book against us, and had threatened us, and had prosecuted a quo warranto against us, which he did not deny. 3. His letter was produced written soon after to Mr. Jeffery his old acquaintance and intimate friend, in these words.