Journal of the Settlements of Massachusets and Other Colonies, Journal · Part 2 · Letter 6
To the Right Worshipful the Governor and Assistants and the rest of our worthy friends in the plantation of Massachusetts Bay, in New-England.
Two churches were appointed to be gathered, one at Haverill and the other at Andover, both upon Merrimack river. They had given notice thereof to the magistrates and elders who desired, in regard of their far remoteness and scarcity of housing there, the meeting might be at Rowley, which they assented unto, but being assembled, most of those who were to join, refused to declare how God had carried on the work of his grace in them, upon this reason, because they had declared it formerly in their admission into other churches; whereupon the assembly brake up without proceeding &c.
The Governor and other of the magistrates met at Boston upon two special occasions; the one was for trial of an action between the Lady La Tour and Capt. Baylye for not carrying her &c. to her own place, and for some injuries done her aboard his ship. See more after.
The other was upon the request of some merchants of Boston, who having a ship taken in Wales by the king's party, desired recompence by a ship of Dartmouth riding in our harbour; whereupon we sent for the master of the Dartmouth ship, who delivered his ship into our hands 'till the cause should be tried, which he did the more willingly, for that some London ships of greater force riding also in our harbour, had threatened to take him; and the next morning Capt. Richardson (having commission from the Lord Admiral) fitted his ship to take her, notwithstanding that he had been forbidden over night by the Dep. Governor to meddle with her, being under our protection, and lying so before Boston as their shot must needs do harm. Whereupon the Governor and the other magistrates (setting then in court) arose and went to take order about it, and having over night given commission to some to make seizure of the Dartmouth ship, they went aboard her with their commission▪ and an officer was sent with warrant to stay Capt. Richardson, but he being then come to anchor close by the other ship, he could not (or would not) stay, but suffered his men to enter the other ship, and the master coming aboard him at his request, he detained him prisoner: whereupon the Governor &c. sent two other masters of ships to him to command him ashore, but he seeing his men so unruly, and fearing they would fall to fight or pillage in his abscene (as he after told us) excused himself for not coming upon that command. Upon which fire was given to a warning piece from the battery, which cut a rope in the head of his ship: and upon that one of his men, without any command, ran down hastily to fire upon our battery; but it pleased God that he hurt himself in the way, and so was not able to go on. A stranger also (unbidden) gave fire to another piece on the battery which was levelled at the bow of his ship, but it struck against the head of a bolt in the cut-water of the Dartmouth ship, and went no further. Then we sent 40 men armed aboard the Dartmouth ship, and upon that Capt. Richardson came ashore and acknowledged his error, and his sorrow for what he had done, yet with alledging some reasons for his excuse: so we only ordered him to pay a barrel of powder, and to satisfy the officers and soldiers we had employed &c. and dismissed him. The reason was, because (thro' the Lord's special providence) there was no hurt done, nor had he made one shot; for if he had, we were resolved to have taken or sunk him, which we might easily have done, lying close under our battery, so as we could have played upon him with whole culverin or demi culverin six hours together, nor had he yet shewed to us or to the master of the Dartmouth ship, any commission: but after, he shewed only an ordinary commission from the Lord Admiral, not under the great seal, nor grounded upon any ordinance of parliament as Capt. Stagg's was: therefore we forbad him to meddle with any ship in our harbour, for he could not by that commission take a ship in any place exempt from the Admiral's jurisdiction. Having thus seized this ship we were to consult what to do with her. Upon examination we found that the master and company were Dartmouth men, and that the ship had formerly been employed in the parliaments servise, but Dartmouth being taken by the king, she had been employed for taking a vessel or two of the parliaments under the same master, but a captain put over him, and many soldiers, and was since sold to a merchant of P— Island, and by his agent sent forth upon merchant affairs to divers places, and to repair at last to St. Malloes in France where the agent dwelt, who was an englishman and had used to trade at Dartmouth, whose letter of advice and the bill of sale of the ship were produced by the master. It appeared further to us, that Dartmouth had been cordial to the parliament, and stood out seven days against 12,000 men; and after it was surrendered did generally refuse to take the oath to the king, and … master among others, and that they had many better ships there which lay still at home, and such as they sent forth they were not to come home but by advice. Yet it appeared after by divers testimonies▪ that she belonged to Dartmouth, and the charter party …so, and that the master was part owner. Divers of the elders being called in for advice, agreed (near all) that she might be seized to satisfy for our two ships which the king's party had taken from us, and accordingly commission was given by the Governor and Council to the merchant to seize and use her, giving security to be responsible and £8 per 100 if she should be lawfully recovered within 13 months, but the company to have their wages and goods.
While the Governor and other of the magistrates were at Boston, a boat sent from Mr. D'Aulnay with ten men arrived at Salem, hearing that the Governor dwelt there. There was in her one Marie, supposed to be a fryar, but habited like a gentleman. He wrote a letter to our Governor by a gentleman of his company to know where he should attend him: and upon our Governor's answer to him, he came the next day to Boston, and with letters of credence and commission from Mr. D'Aulnay; he shewed us the king of France his commission under the great seal of France, with the privy seal annexed, wherein the proceedings against La Tour were verified, and he condemned as a rebel and traitor &c. with command for the apprehension of himself and lady, who had fled out of France against special order, under &c. He complained also of the wrong done by our men the year in assisting of La Tour &c. and profered terms of peace and amity. We answered to the 1. That divers of the ships and most of the men were strangers to us, and had no commission from us, nor any permission to use any hostility, and we were very sorry when we heard what had been done: this gave him satisfaction. To the other proposition we answered, that we could not conclude any league with him, without the advice of the commissioners of the united colonies; but if he would set down his propositions in writing, we would consider further of them: and withal we acqainted him with what we had lately written to Mr. D'Aulnay, and the injuries we had complained of to him, so he withdrew himself to his lodging at Mr. Fowler's, and drew out both his propositions and answers to our complaints, in French, and returned to us. He added two propsitions more, one that we would aid him against La Tour, and the other that we would not assist him, and gave reasonable answer to our demands. Upon these things we discoursed half the day,—sometimes with our Governor in french and otherwhile with the rest of the magistrates in latin. We urged much for a reconciliation with La Tour, and that he would permit his lady to go to her husband. His answer was, that if La Tour would voluntary submit and come in, he would assure him his life and liberty, but if he were taken he were sure to lose his head in France; and for his lady, she was known to be the cause of his contempt and rebellion, and therefore they could not let her go to him, but if we should send her in any of our vessels he must take her, and if we carried any goods to La Tour he would take them also, but he would give us satisfaction for them. In the end we came to this agreement, which was drawn up in latin in these words, and signed by the Governor and six other magistrates and Mr. Marie, whereof one copy we kept and the other he carried with him. He came to Boston the 6 day very late, and made great haste away, so he departed on the 3 day following. We furnished him with horses and sent him to Salem well accompanied, and offered him a bark to carry him home, but he refused it. We entertained him with all courteous respect, and he seemed to be surprized with his unexpected entertainment, and gave a very liberal testimony of his kind acceptance thereof and assurance of Mr. D'Aulnay's engagement to us for it. The agreement between us was this.
The agreement between Jo: Endicot, Esq. Governor of the Massachusetts in N. England and the rest of the magistrates there, and Mr. Marie commissioner of Mr. D'Aulnay knight, Governor and Lieut. General of his majesty the king of France in Acadie a province of N. F. made and ratified at Boston in the Massachusetts aforesaid, 8. die mensis 8. An. Dom. 1644.
The Governor and the rest of the magistrates do promise to Mr. Marie that they and all the english within the jurisdiction of the Massachusetts aforesaid, shall observe and keep firm peace with Mr. D'Aulnay &c. and all the french under his command in Acadie: and likewise the said Mr. Marie doth promise for Mr. D'Aulnay, that he and all his people shall also keep firm peace with the Governor and magistrates aforesaid, and with all the inhabitants of the jurisdiction of the Massachusetts aforesaid;—and that it shall be lawful for all men, both french and english to trade each with other: so that if any occasion of offence shall happen, neither party shall attempt any thing against the other in any hostile manner before the wrong be first complained of, and due satisfaction not given. Provided always, the Governor and magistrates aforesaid be not bound to restrain their merchants to trade with their ships with any persons, either french or other, wheresoever they dwell: provided also, that the full ratification and conclusion of this agreement be referred to the next meeting of the commissioners of the united colonies of N. England, for the continuation or abrogation of the same; and in the mean time to remain firm and inviolate. By this agreement we were freed from the fear our people were in that Mr. D'Aulnay would take revenge of our small vessels or out plantations; for the harm he sustained by our means the last year; and also from any further question about that business. We were now also freed from as great a fear of war with the Naragansetts; for the commissioners meeting at Hartford, sent for Onkus and some from Naragansett (a sachem and a chief captain were sent): and whereas the Naragansett's plea against Onkus was, that he had put their sachem to death after he had received a ransom for his life: it was clearly proved otherwise, and that the things he received were part of them given him for his courteous usage of the said Miantonamoh and those sachems which were slain in the battle, and another part, that Miantonamoh might be delivered to the english. In the end it was agreed by all parties that there should be peace on all sides till planting time were over the next year: and then neither of them should attempt any hostile act against the other without first acquainting the english &c. therewith.
The lady La Tour being arrived here, c…mmenced her action against Capt. Baylye and the merchant (brother and factor to Alderman Berkley who freighted the ship) for not performing the charter party, having spent so much time upon the coast in trading, as they were near six months in coming and had not carried her to her fort as they ought and might have done: and upon a full hearing in a special court four days, the jury gave her £2,000, for had they come in any reasonable time it might have been much more to their advantage in their trade and safety against D'Aulnay: whereas now it was like to occasion their utter ruin: for she knew not how to get home without hiring two or three ships of force.
La Tour, and a vessel of ours in his company laden with provision, went hence with a fair wind, which if he had made use of, he had met with D'Aulnay,—and after he had touched at divers places by the way, and staid there some time, he passed by Penobscott soon after D'Aulnay was gone into the harbour, and so escaped, whereas if he had passed any time many days before, he must needs have been taken. This vessel of ours in her return was met by D'Aulnay, who stayed her, and taking the master aboard his ship, manned the other with frenchmen, and telling the master his intention, and assuring him of all good usage and recompence for the stay of his vessel (all which he really performed) he brought her with him to the mouth of St. John's river; and then her boat with one gentleman of his own to La Tour to shew his commission, and withal desired the master to write to La Tour to desire him to dismiss the messenger safely, for otherwise D'Aulnay would keep him for hostage (yet he assured him he would not do it) so La Tour dismissed the messenger in peace, which he professed he would not have done but for our master's sake.—D'Aulnay carried our catch with him to Port Royal, where he used the master very courteously and gave him credit for fish &c. he bought of him, and recompence for keeping his vessel and so dismissed him. Presently after their return we sent another vessel to trade with D'Aulnay, and by it the Dep. Governor wrote to D'Aulnay to shew the cause of sending her, with profession of our desire of holding good correspondency with him &c. and withal persuading him by divers arguments to entertain peace with La Tour. That vessel found courteous entertainment with him, and he took off all her commodities, but not at so good rates as they expected.
The lady La Tour having arrested the captain and merchant of the ship, they were forced to deliver their cargoe on shore to free their persons, by which means she laid her execution upon them to the value of £1100—More could not be had without unfurnishing the ship, which must have been by force, for otherwise the master and seamen would deliver none. The master petitioned the general court for his freight and wages, for which the goods stood bound by charter party. The general court was much divided about it, but the major part voted that none was due her, nor the goods bound for them,—but the major part of the deputies being of another judgment, they made use of their negative vote, and so nothing was ordered. Whereupon the master brought his action at the next court of assistants: when it came to be tried, two of the assistants were of opinion that it ought not …o be put to trial because the general court had the hearing and voting of it: but it was answered by the rest (the Governor being absent) that seeing the general court had made no order in it, this court might hear and determine it, as if the general court had never taken cognizance of it: accordingly it was put to the jury upon this issue—Whether the goods were security for the freight &c. and the jury found for the defendant, and yet in the charter party the merchants bound themselves, their executors &c. and goods, as the owners had bound their ship &c. to the merchants. This business caused much trouble and charge to the country, and made some difference between the merchants of Charlestown (who took part with the merchants and master of the ship) and the merchants of Boston, who assisted the lady (some of them being deeply engaged for La Tour) so as offers were made on both sides for an end between them. Those of Charlestown offered security for the goods, if upon a review within 13 months the judgment were not reversed, or the parliament in England did not call the cause before themselves. This last clause was very ill taken by the court as making way for appeals &c. into England, which was not reserved in our charter. The other offered them all the goods save £150 to defray the lady's expences in town, and security for that, if the judgment was reversed, so as the other would not give security to answer the whole £2000 if the judgment were not reversed &c. The parties not agreeing, the lady took the goods and hired three ships which lay in the harbour, belonging to strangers, which cost her near £800, and set sail for her fort: and the merchants against whom she had execution for their bodies for satisfaction of the rest of the judgment gat into their ship and fell down beyond the castle, (where they were out of command) and took aboard some thirty passengers, and so in company of one of our own ships which carried about 70 passengers, they set sail for London.
26When our ship &c. arrived at London, Alderman Berklye arrested the goods of two of the passengers.
CORRECTIONS.
Page 35, line 6, for Ludlow, read Dudley.
Page 69, line 8th from bot. for Calcourt, read Calver….
Page 76, line 22, for furnish, read punish.
Page 84, line 16, for furnish, read punish.