Journal of the Settlements of Massachusets and Other Colonies, Journal (7 of 8)

Journal of the Settlements of Massachusets and Other Colonies · Journal (7 of 8)

p. 223This year the two ships were finished, one at Salem of 300 tons and another at Boston of 160 tons.

The parliament of England sitting upon a general reformation both of church and state, the earl of Strafford being beheaded, and the archbishop (our great enemy) and many others of the great officers and judges, bishops and others imprisoned and called to account, this caused all men to stay in England in expectation of a new world, so as few coming to us, all foreign commodities grew scarce, and our own of no price. Corn would buy nothing—a cow which cost last year £20 might now be bought for 4 or £5 &c. and many gone out of the country, so as no man could pay his debts, nor the merchants make return into England for their commodities, which occasioned many there to speak evil of u…. These streights set our people on work to provide fish, clapboards, plank &c. and to sow hemp and flax (which prospered very well) and to look out to the W. Indies for a trade for cotton. The general court also made orders about payment of debts, setting corn at the wonted price, and payable for all debts which should arise after a time prefixed. They thought fit also to send some chosen men into England to congratulate the happy success there, and to satisfy our creditors of the true cause why we …ould not make so current payment now as in former years we had done, and to be ready to make use of any opportunity God should offer for the good of the country here, as also to give any advice, as it should be required for the settling the right form of church discipline there, but with this caution, that they should not seek supply of our wants in any dishonorable way, as by begging or the like, for we were resolved to wait upon the Lord in the use of all means p. 224which were lawful and humble. The men chosen were Mr. Hugh Peters pastor of the church in Salem, Mr. Thos. Welde pastor of the church in Roxbury,Mo. 4. and Mr. William Hibbins of Boston. There being no ship which was to return right for England, they went to Newfoundland, intending to get a passage from thence in the fishing fleet. They departed hence the 3d of the 6th month, and with them went one of the magistrates Mr. Jo. Winthrop, jun. This act of the court did not satisfy all the elders, and many others disliked it, supposing that it would be conceived we had sent them on begging, and the church of Salem was unwillingly drawn to give leave to their pastor to go, for the court was not minded to use their power in taking an officer from the church without their consent, but in the end they and the other churches submitted to the desire of the court. These with other passengers to the number of forty went to Newfoundland, expecting to go from thence in some fishing ships. They arrived there in 14 days, but could not go all together, so were forced to divide themselves and go from several parts of the island, as they could get shipping. The ministers preached to the seamen &c. at the island, who were much affected with the word taught, and entertained them with all courtesy, as we understood by letters from them which came by a fishing ship to the Isles of Shoals about the beginning of October.

…A young man a tanner in Boston, going to wash himself in a creek, said jestingly, I will go and drown myself now, which fell out accordingly, for by the slipperiness of the earth, he was carried beyond his depth, and having no skill to swim, was drowned, tho' company were at hand, and one in the water with him.

Letters came from the Governor &c. of Connecticut for advice about the difference between them and the D…tch. The Dutch Governor had pressed them hard for his interest in all Hartford &c. as far as one might see from their house, alledging he had purchased so much of the Pequods, and threatened force of arms. They of the river alledged their purchase of other indians, the true owners of the place &c. with other arguments from our patent a…d that of Say-brook. We returned answer without determining of either side, but advising to a moderate way, as the yielding some more land to the Dutch house (for they had left them but 30 acres,) but the Dutch would not be thus pacified, but prepared to send soldiers p. 225to be billited at their house, but it pleased the Lord to disappoint their purpose, for the indians falling out with them, killed four of their men at their fort Orange, whereof three were English who had gone to dwell among them, whereby they were forced to keep their soldiers at home …o defend themselves, and Mr. Peters going for England, and being well acquainted with the chief merchants in Holland, undertook to pacify the W. India company, but for want of commission from those of Hartford, the company there would not treat with him.

About this time three boys of Summer's island stole away in an open boat or skiff, and having been eight weeks at sea, their boat was cast away upon a strand without Long Island, and themselves were saved by the indians.

A church being gathered at Providence in the West Indies, and their pastor Mr. Sherwood and another minister being sent prisoners into England by one Carter the Deputy Governor, the rest of the church, being but five, wrote to our churches complaining of their persecution of their magistrates and others, and desiring our prayers and help from us, which moved the churches and magistrates more willingly to further those who were already resolved and preparing for that island: whereupon two small vessels, each of about 30 tons, with divers families and goods, so many as they could bestow, 30 men, 5 women and 8 children set sail for the island, and touching at Christophers, they heard that a great fleet of Spanish ships was abroad, and that it was feared they had taken Providence, so as the master Mr. Pierce a godly man and most expert mariner advised them to return, and offered to bear part of the loss, but they not hearkening to him, he replied, then am I a dead man, and coming to the island they marvelled they saw no colours upon the fort, nor any boat coming towards them, whereupon he was counselled to drop an anchor, he liked the advice, but yet stood on into the harbour, and after a second advice he still went on, but being come within pistol shot of one fort and hailing, and no answer made, he put her back a stays, and being upon the deck, which was also full of passengers, women and children, and hearing one cry out, they are traversing a piece at us, he threw himself in at the door of the cuddy, and one Samuel Wakeman a member of the church of Hartford, who was sent with goods to buy cotton, cast himself down by him, and presently a great shot took them both. Mr. p. 226Pierce died within an hour, the other having only his thighs tore lived ten days. Mr. Pierce had read to the company that morning (as it fell in course) that in Gen. the last—Lo I die, but God will surely visit you and bring you back; out of which words he used godly exhortations to them. Then they shot from all parts about 30 great shot besides small, and tore the sails and shrouds, but hurt not the bark, nor any person more in it. The other vessel was then a league behind, which was marvelled at for she was the better sailor, and could fetch up the other at pleasure; but that morning they could not by any means keep company with her. After this the passengers being ashamed to return, would have been set on shore at Cape Grace de Dros or Florida, or Virginia, but the seamen would not, and thro' the wonderful providence of God they came all safe home the 3d of 7ber following. This brought some of them to see their error and acknowledge it in the open congregation, but others were hardened. There was a special providence in that the ministers were sent prisoners into England before the island was taken, for otherwise it is most probable they had been all put to the sword, because some Spaniards had been slain there a little before by the deputy governor his command after the Lieut. had received them upon quarter, in an attempt they had made upon the island, wherein they were repulsed with the loss of two or three thousand men. They took it after and gave the people quarter and sent them home.

A like providence there was, tho' not so safe, in that divers godly people in their voyage to the island the year before were taken prisoners by the turks and so their lives saved paying their ransom.

This year divers families in Linne and Ipswich having sent to view Long Island, and finding a very commodious place for plantations, but challenged by the Dutch, they treated with the Dutch Governor to take it from them. He offered them very fair terms as that they should have the very same liberties both civil and ecclesiastical which they enjoyed in the Massachusetts, only liberty for appeal to the Dutch, and after ten years to pay the 10th of their corn. The court were offended at this and sought to stay them, not for going from us, but for strengthening the Dutch our doubtful neighbours, and taking that from them which our King challenged and had granted a patent of, with Martha's Vineyard and p. 227other islands thereby to the earl of Sterling, especially for binding themselves by an oath of fealty; whereupon divers of the chief being called before the general court in 8ber, and reasons laid down to dissuade them, they were convinced and promised to desist.

This summer the merchants of Boston set out a vessel again to the isle of Sable, with 12 men, to stay there a year. They sent again in the 8th month, and in three weeks the vessel returned and brought home 400 pr. of sea horse teeth which were esteemed worth £300, and left all the men well and 12 ton of oil and many skins which they could not bring away, being put from the island in a storm.

I must here return to supply what was omitted concerning the proceedings of the last court of elections. There had been much labouring to have Mr. Bellingham chosen, and when the votes were numbered he had six more than the others, but there were divers who had not given in their votes who now came into the court and desired their liberty which was denied by some of the magistrates because they had not given them in at the doors. But others thought it was an injury, yet were silent, because it concerned themselves, for the order of giving in their votes at the door was no order of court, but only direction of some of the magistrates, and without question, if any freeman tender his vote before the election be passed and published, it ought to be received.

Some of the freemen, without the consent of the magistrates or Governor, had chosen Mr. Nathaniel Ward to preach at this court, pretending that it was a part of their liberty. The Governor (whose right indeed it is, for 'till the court be assembled the freemen are but private persons) would not strive about it, for though it did not belong to them, yet if they would have it, there was reason to yield it to them. Yet they had no great reason to choose him, tho' otherwise very able, seeing he had cast off his pastor's place at Ipswich and was now no minister, by the received determination of our churches▪ In his sermon he delivered many useful things, but in a moral and political discourse, grounding his propositions much upon the old Roman and Grecian governments, which sure is an error, for if religion and the word of God makes men wiser than their neighbours (and these times have the advantage of all that have gone before us in experience and observation) it is probable that by all p. 228these helps, we may better frame rules of government for ourselves than to receive others upon the bare authority of the wisdom, justice &c. of those heathen commonwealths. Among other things he advised the people to keep all their magistrates in an equal rank, and not give more honor or power to one than to another, which is easier to advise than to prove, seeing it is against the practice of Israel (where some were rulers of thousands, and some but of tens) and of all nations known or recorded. Another advice he gave, that magistrates should not give private advice, and take knowledge of any man's cause before it came to public hearing. This was debated after in the general court, where some of the deputies moved to have it ordered, but it was opposed by some of the magistrates upon these reasons. 1. Because we must then provide lawyers to direct men in their causes 2. The magistrates must not grant out original process a… now they do, for to what end are they betrusted with this, but that they should take notice of the cause of the action, that they might either divert the suit, if the cause be unjust, or direct it in a right course if it be good. 3. By this occasion the magistrate hath opportunity to end many differences in a friendly way, without charge to the parties, or trouble to the court. 4. It prevents many difficulties and tediousness to the court to understand the cause aright (no advocate being allowed, and the parties being not able, for the most part to open the cause fully and clearly especially in public.) 5. It is allowed in criminal causes and why not in civil. 6. Where it is objected that such magistrate is in danger to be prejudiced. Answer, If the thing be lawful and useful it must not be laid aside for the temptations which are incident to it, se… in the least duties men are exposed to great temptations.

At this court it was ordered that the elders should be desired to agree upon a form of catechism which might be put forth in print.

Offence being taken by many of the people that the court had given Mr. Humphry £250, the deputies moved it might be ordered that the court should not have power to grant any benevolences; but it was considered that the court could not deprive itself of its honor, and that hereby we should say a blemish upon the court, which might do more hurt to the country by weakening the reputation of the wisdom and faithfulness of the court in the hearts of the people, than the money saved would recompence, p. 229therefore it was thought better to order it by way of declaration, as if it were to deter importunity of suitors in this hand, that the court would give no more benevolences 'till our debts were paid, and stock in the treasury, except upon foreign occasions &c.

There arose a question in the court about the punishment of single fornication, because by the law of God, the man was only to marry the maid, or pay a sum of money to her father; but the case falling out between two servants, they were whipped for the wrong offered to the master in abusing his house, and were not able to make him other satisfaction▪ The like difficulty arose about a rape, which was not death by the law of God, but because it was committed by a boy upon a child of 7 or 8 years old, he was severely whipped. Yet it may seem by the equity of the law against sodomy, that it should be death, for a man to have carnal copulation with a girl so young, as there can be no possibility of generation, for it is against nature as well as sodomy and buggery.

At this court the gentlemen who had the two patents of Dover strawberry bank at Piscat: in the name of the lords and these, granted all their interest of jurisdiction &c. to our court, reserving the most of the land to themselves; whereupon a commission was granted to Mr. Bradford and Mr. Simonds with two or three of Piscat: to call a court there and assemble the people to take their submission &c. but Mr. Humphry, Mr. Peters and Mr. D…lton had been sent before to understand the minds of the people, to reconcile some differences between them, and to prepare them. See more.

Mrs. Hutchinson and those of Aquiday island broached new heresies every year. Divers of them turned professed anabaptists, and would not wear any arms, and denied all magistracy among christians, and maintained that there were no churches since those founded by the apostles and evangelists, nor could any be, nor any pastors ordained, nor seals administered but by such, and that the church was to want these all the time she continued in the wilderness, as yet she was. Her son Francis and her son in law Mr. Collins (who was driven from Barbadoes where he had preached a time and done some good▪ but so soon as he came to her was infected with her heresies) came to Boston and were there sent for to come before the Governor and council, but they refused to come except they were brought, so the officer led him, and being come p. 230(there were divers of the elders present) he was charged with a letter he had written to some in our jurisdiction, wherein he charged all our churches and ministers to be antichristian, and many other reproachful speeches, terming our king, king of Babylon, and sought to possess the people's hearts with evil thoughts of our government and of our churches &c. He acknowledged the letter, and maintained what he had written, yet sought to evade the confessing there was a true magistracy in the world and that christians must be subject to it. He maintained also that there were no gentile churches (as he termed them) since the apostles times, and that none now could ordain ministers &c. Francis Hutchinson did agree with him in some of these, but not resolutely in all; but he had reviled the church of Boston (being then a member of it) calling her a strumpet. They were both committed to prison; and it fell out that one Stoddard, being then one of the constables of Boston, was required to take Francis Hutchinson into his custody 'till the afternoon, and said withal to the Governor, sir, I came to observe what you did, that if you should proceed with a brother otherwise than you ought, I might deal with you in a church way. For this insolent behaviour he was committed, but being dealt with by the elders and others, he came to see his error, which was that he did conceive that the magistrate ought not to deal with a member of the church before the church had proceeded with him. So the next Lord's day in the open assembly, he did freely and very affectionately confess his error and his contempt of authority, and being bound to appear at the next court he did the like there to the satisfaction of all; yet for example's sake he was fined 20s. which, tho… some of the magistrates would have had it much less, or rather remitted, seeing his clear repentance and satisfaction in public left no poison or danger in his example, nor had the commonwealth or any person sustained danger by it. At the same court Mr. Collins was fined £100 and Francis Hutchinson £50 and to remain in prison 'till they gave security for it. We assessed the fines the higher, partly that by occasion thereof they might be the longer kept in from doing harm (for they were kept close prisoners) and also because that family had put the country to so much charge in the synod and other occasions to the value of £500 at least: but after, because the winter drew on, and the prison was inconvenient, we abated them to £40 and p. 231£20—but they seemed not willing to pay any thing. They refused to come to the church assemblies except they were led, and so they came duly. At last we took their own bonds for their fine, and so dismissed them.

Other troubles arose in the island by reason of one Ni: Eason a tanner, a man very bold, tho' ignorant, he using to teach at Newport where Mr. Coddington their Governor lived, maintained that man hath no power or will in himself, but as he is acted by God, and that seeing God filled all things, nothing could be or move but by him, and so he must needs be the author of sin &c. and that a christian is united to the essence of God. Being shewed what blasphemous censequences would follow hereupon, they professed … abhor the consequences, but still defended the propositions, which discovered their ignorance, not apprehending how God could make a creature as it were in himself, and yet no part of his essence, as we see by familiar instances. The light is in the air, and in every part of it, yet it is not air, but a distinct thing from it. There joined with Ni: Eason Mr. Coddington, Mr. Coggeshall and some others, but their minister Mr. Clark and Mr. Lenthall and Mr. Harding and some others dissented and publickly opposed, whereby it grew to such heat of contention, that it made a schism among them.

Capt. Underhill coming to Boston was presently apprehended by the Governor's warrant▪ to appear at the next court,Mo. 7. and bound for his good behaviour in the mean time, which was ill taken by many, seeing he did not stand presented by any man, and had been reconciled to the church and to the court who had remitted his sentence of banishment, and shewed their willingness to have pardoned him fully, but for fear offence. And it was held by some of the magistrates that the court, having reversed the sentence against him for former misdemeanors, had implicitly pardoned all other misdemeanors before that time, and his adultery was no more than but a misdemeanor; but to bind a man to his good behaviour when he stands reconciled to the church and commonwealth was certainly an error, as it was also to commit such an one, being not presented nor accused. So easily may a magistrate be misled on the right hand by the secret whisperings of such as pretend a zeal of justice and the punishment of sin. The Governor caused him to be indicted at the next court, but he was acquitted by proclamation.

p. 232It being court time, about 7 or 8 in the evening the…e appeared to the southward a great light, about 30 or 40 feet in length;Mo. 7.11. it went very swift, and continued about a minute. It was observed by many … the bay and at Plimouth and New-Haven &c. and it … to all to be in the same position.

15A great training at Boston two days. About 1200 men were exercised in most sorts of land service; yet it was observed that there was no man drunk, tho' there was plenty of wine and strong beer in the town—not an oath sworn—no quarrel, nor any hurt done.

The parliament in England falling so readily to reform all public grievances, some of our people being then in London, prefered a petition to the lords house for red…ess of that restraint which had been put upon ships and passengers to N. England, whereupon an order was made that we should enjoy all our liberties &c. according to our patent, whereby our patent which had been condemned and called in upon an erroneous judgment in a quo warranto was now implicitly received and confirmed. This petition was preferred without warrant from our court.

(7) 2.A day of thanksgiving was kept in all our churches for the good success of the parliament in England.

This year men followed the fishing so well that there was about 300,000 dry fish sent to the market.

The lords and gentlemen that had two patents at Piscat: finding no means to govern the people there, nor to restrain them from spoiling their timber &c. agreed to assign their interest to us (reserving the greatest part of the propriety of their lands.) So commissioners being sent thither, the whole river agreed to come under our jurisdiction under two propositions. 1. If we took them in upon a voluntary submission, then they would have liberty to choose their own magistrates &c. 2. If we took them in as being within the line of our patent, they would th…n submit to be as Ipswich and Salem &c. and would have such liberties for selling timber &c. as they had enjoyed &c. and so referred it to the next general court; and to have courts there as Ipswich and Salem had. And accordingly at the general court in the 3d Mo. next, they sent two deputies, who being members of the church there, were sworn freemen, and order made for giving the oath to others at their own court—the like liberty to other courts for ease of the people.

Mo. 9.8.Mons'r. Rochell, a Rocheller and a protestant come p. 233from Mons'r La Tour, planted upon St. John's river up the great bay on this side Cape Sable. He brought no letters with him but only letters from Mr. Shurt of Pemaquid, where he left his men and boat. He propounded to us 1. liberty of free commerce. This was granted. 2. Assistance against D. Aulnc of Penobscott whom he had war with. 3. That he might make return of goods out of England by our merchants. In these two we excused any treaty with him, as having no letter or commission from La Tour. He was courteously entertained here, and after a few days departed.

Query, whether the following be fit to be published.(9)

The Governor Mr. Bellingham was married, (I would not mention such ordinary matters in our history, but by occasion of some remarkable accidents. The young gentlewoman was ready to be contracted to a friend of his who lodged in his house, and by his consent had proceeded so far with her, when on the sudden the Governor treated with her, and obtained her for himself. He excused it by the strength of his affection, and that she was not absolutely promised to the other gentleman. Two errors more he committed upon it. 1. That he would not have his contract published where he dwelt, contrary to an order of court. 2. That he married himself, contrary to the constant practice of the country. The great inquest presented him for breach of the order of court, and at the court following in the 4th Month, the secretary called him to answer the prosecution, but he not going off the bench as the manner was, and but few of the magistrates present, he put it off to another time, intending to speak with him privately, and with the rest of the magistrates about the case, and accordingly he told him the reason why he did not proceed, viz. being unwilling to command him publicly to go off the bench, and yet not thinking it fit he should sit as a judge when he was by law to answer as an offender. This he took ill, and said he would not go off the bench except he were commanded.

Archibald Thomson of Marblehead carrying dung to his garden in a canoe upon the Lord's day, in fair weather and still water, it sunk under him in the harbour near the shores and he was never seen after.

One Knore of Charlestown coming down Mistick in a small boat laden with wood was found dead in it—a good p. 234caveat for men not to go single in boats in such a season of the year, for it was very stormy weather.

(9) 12.A great tempest of wind and rain from the S.E. all the night, as fierce as an hurricane. It continued very violent at N.W. all the day after. Divers boats and one bark were cast away in the harbour but (which was a wonder to all) no dwelling house blown down, nor any person killed; and the day after it came to S.E. again, and continued all the night with much wind and rain; and thereupon (it being about the new moon) followed the highest tide which we had seen since our arrival here.

The summer past was very cool and wet so as much indian corn never ripened, tho' some stood 'till the 20th of this month. It was observed that people who fed upon that corn were extraordinarily infected with worms in their bodies all the year following, which in some was well prevented by leaving their bread and feeding upon salt fish.

The Charles of Dartmouth of 400 tons, lying at Piscat: to take in pipe staves, was forced from her anchors in the last tempest and driven upon the rocks; yet all her masts were before taken down to be new masted. There rode by her a small ship which was safe. This small ship was before despised by the men of the greater, and they would needs unrig their ship upon the Lord's day, tho' they were admonished not to do it. In the same great tempest a shallop of 3 tons rode it out all night at the head of Cape Anne, and came in safe after.

Mr. Stephen Batchellor the pastor of the church at Hampton, who had suffered much at the hands of the bishops in England, being about 80 years of age, and having a lusty comely woman to his wife, did solicit the chastity of his neighbour's wife, who acquainted her husband therewith; whereupon he was dealt with, but denied it, as he had told the woman he would do, and complained to the magistrates against the woman and her husband for slandering him. The church likewise dealing with him, he stiffly denied it, but soon after when the Lord's supper was to be administered, he did voluntarily confess the attempt, and that he did intend to have defiled her if she would have consented. The church being moved with his free confession and tears, silently forgave him, and communicated with him: but after, finding how scandalous it was, they took advice of other elders, and after p. 235long debate and much pleading and standing upon the church's forgiving and being reconciled to him in communicating with him after he had confessed it, they proceeded to cast him out. After this he went on in a variable course, sometimes seeming very penitent, soon after again excusing himself, and casting blame upon others, especially his fellow elder Mr▪ Dalton, (who indeed had not carried himself in this cause so well as became him, and was brought to see his failing, and acknowledged it to the elders of the other churches who had taken much pains about this matter) so he behaved himself to the elders when they dealt with him. He was off and on for a long time, and when he had seemed most penitent, so as the church were ready to have received him in again, he would fall back again, and as it were repent of his repentance. In this time his house, and near all his substance was consumed by fire. When he had continued excommunicated near two years, and much agitation had been about the matter, and the church being divided, so as he could not be received in at length, the matter was referred to some magistrates and elders, and by their mediation he was released of his excommunication, but not received to his pastor's office. Upon occasion of this meeting for mediation, Mr. Wilson pastor of Boston wrote this letter to him, (the letter is worthy inserting.)[The letter is not in the manuscript. Edit.]

The general court held in the 10th month past was full of uncomfortable agitations and contentions. The principal occasion (for history must tell the whole truth) was from the Governor, who being a gentleman of good repute in England for wisdom and godliness, finding now that some other of the magistrates bare more sway with the people than himself, and that they were called to be of the standing council for life, and himself passed by, was so taken with an evil spirit of emulation and jealousy (thro' his melancolic disposition) as he set himself in an opposite frame to them in all proceedings, which did much retard all business, and was occasion of grief to many godly minds, and matter of reproach to the whole court in the mouths of others, and brought himself low in the eyes of those with whom formerly he had been in honor. Some instances I will give.

There fell out a case between Mr. Dudly one of the council, and Mr. Howe a ruling elder of the church of p. 236Watertown about a title to a mill. The case is too long here to report, but it was so clear on Mr. Dudley's part both in law and equity (most of the magistrates also and deputies concurring therein) as the elders, being desired to be present at the hearing of the case, they also consented with the judgement of the court, before the case was put to vote,—and some of them humbly advised the court that it would be greatly to their dishonor and an apparent injustice, if they should otherwise determine: notwithstanding, he still laboured to have the cause carried against Mr. Dudley—reproved some of the elders for their faithful advice—took upon him to answer all the arguments, but so weakly as many were ashamed at it, and in reading an order of court whereupon the issue of the case chiefly depended, he sought to help himself by such unworthy shifts▪ as interpreting some things against the very letter and common sense, wholly omitting the most material part &c.—refusing to put things to the vote that made against his purpose &c. that all might see by what spirit he was led.

Another case fell out about Mr. Maverick of Nottles island who had been formerly fined, £100 for giving entertainment to Mr. Owen and one Hal…'s wife who had escaped out of prison where they had been put for notorious suspicion of adultery, as shall after be shewed. The court upon his petition had referred it to the usual committee who made return that their opinion was, the court might do well to remit it to £60 which he knew would please some of the council well, who had often declared their judgment that fines should be so imposed as they might upon occasion be moderated. So when the petition was returned to him he takes it and alters the sum from £60 to £80 without acquainting the court therewith, nor would say th… he had done it when the committee informed the court of the alteration, before the secretary charged him with it. Then he said he did it in jest, and when the … said he had reformed it, and the court called to ha…e it put to the vote, he refused, and stirred up much heat and …ntention about it, so in the end the court required the deputy to put it to the vote.

Upon these and other miscarriages the deputies consulted together, and sent up their speaker, with some others, to give him a solemn admonition, which was p. 237never done to any Governor before, nor was it in their power without the magistrates had joined.

These continual oppositions and delays tending to the hindrance and perverting of justice, afforded much occasion of grief to all the magistrates, especially to Mr. Dudley, who being a very wise and just man, and one that would not be trodden under foot of any man, took occasion (alledging his age &c.) to tell the court that he was resolved to leave his place, and therefore desired them against the next court of elections to think of some other. The court was much affected with it, and intreated him, with manifestation of much affection and respect towards him to leave off these thoughts, and offered him any ease and liberty that his age and infirmities might stand in need of▪ but he continued resolute. Thereupon the Governor also made a speech, as if he desired to leave his place of magistracy also, but he was fain to make his own answer, for no man desired him to keep, or to consider better of it.

This session continued three weeks, and established 100 laws, which were called the Body of Liberties. They had been composed by Mr. Nathaniel Ward (sometime pastor of the church of Ipswich: he had been a minister in England, and formerly a student and practiser in the course of the common law) and had been revised and altered by the court, and sent forth into every town to be further considered of, and now again this court, they were revised, …mended and presented, and so established for three years, by that experience to have them fully amended and established to be perpetual.

At this session Mr. Hathorn one of the deputies, and usually one of their speakers, made a motion to some other of the deputies of leaving out two of their ancientest magistrates, because they were grown poor, and spake reproachfully of them under that motion. This coming to Mr. Cotton his knowledge, he took occasion from his text the next lecture day, to confute, and sharply (in his mild manner) to reprove such miscarriage, which he termed a slighting or dishonoring of parents, and told the country that such as were decayed in their estates by attending the service of the country ought to be maintained by the country, and not set aside for their poverty, … so well gifted, and approved by long … be faithful. This public reproof gave such a check … former motion a… it was never revived p. 238after, yet by what followed it appeared that the fire from which it brake out, was only raked up, not quenched, as will be shewed anon.

Mr. Hathorn and some others were very very earnest to have some certain penalty set upon lying, swearing &c. which the deputy and some other of the magistrates opposed, (not disliking to have laws made against theft or any other offences but in respect of the certain punishment) whereupon Mr. Hathorn charged him with seeking to have the government arbitrary &c. and the matter grew to some heat, for the deputy was a wise and a stout gentleman, and knew Mr. Hathorn his neighbour well, but the strife soon fell, and there was no more spoken of it that court. Yet this gave occasion to some of the magistrates to prepare some arguments against the course intended, of bringing all punishments to a certainty. The scope of these reasons was to make good this proposition, viz. All punishments except such as are made certain in the law of God or are not subject to variation by merit of circumstances, ought to be left arbitrary to the wisdom of the judges.

Reason 1. God hath left a pattern hereof in his word where so few penalties are prescribed, and so many referred to the judges; and God himself varieth the punishments of the same offences as the offences vary in their circumstances; as in manslaughter, in the case of a riotous son proving incorrigible, in the same sin aggravated by presumptuous theft &c. which are not only rules in these particular cases, but to guide the judges by proportion in all other cases, as upon the law of adultery, it may be a question whether Bathsheba ought to die by that law, in regard of the great temptation, and the command and power of the kings of Israel. So that which was capital in the men of Jabesh Gilead, Judges in not coming up to the princes upon proclamation, was but confiscation of goods &c. in Ezra 10.8. See 2d Sam. 14.6.11.

Reason 2. All punishments ought to be just, and offences varying so much in their merit by occasion of circumstances, it would be unjust to inflict the same punishment upon the least as upon the greatest.

3. Justice requireth that every cause should be heared before it be judged, which cannot be when the sentence a…d punishment is determined before hand.

… Such parts and gifts as the word of God requires p. 239in a judge, were not so necessary if all punishments were determined beforehand.

5. God hath not confined all wisdom &c. to any one generation that they should set rules for all others to walk by.

6. It is against reason that some men should better judge of the merit of a cause in the bare theory thereof, than others (as wise and godly) should be able to discern of it pro re nata.

7. Difference of times, places &c. may aggravate or extenuate some offences.

8. We must trust God, who can and will provide as wise and righteous judgment for his people in time to come; as in the present or forepassed times; and we should not attempt the limiting of his providence, and frustrating the gifts of others by determining all punishments &c.

In theft and some other cases, as cases capital,Ob. God hath prescribed a certain punishment▪

Ans. 1. In theft &c. the law respects the damage and injury of the party, which is still one and the same, tho' circumstances may aggravate or extenuate the sin. 2. In capital cases death is appointed as the highest degree of punishment which man's justice can reach.

Then we might as well leave all laws arbitrary at the discretion of the judge.Ob.

Ans. 2. The reason is not like. 1. God gave a certain law where he left the punishment arbitrary, so as we have a clear rule to guide the law where the punishment may be uncertain. The varying of the offence in the circumstances doth not vary the ground or equity of the law, nor the nature of the guilt, as it doth the measure of the reward. He is as freely guilty of theft who steals a loaf of bread for his hunger, as he that steals an horse for his pleasure.

The sttatutes in England set down a certain penalty for most offences. Ans. 1.Ob. We are not bound to make such examples ourselves. 2. The penalty, commonly, is not so much as the least degree of that offence deserves: 12d for an oath, 5s for drunkenness &c.

Those of Providence, being all anabaptists,Mo. 11. were divided in judgment; some were only against baptizing of infants; others denied all magistracy and churches &c. of which Gorton, who had lately been whipped at Aquiday as is before mentioned, was their instructor and captain. These being two strong for the other party, provoked p. 240them by injuries, so as they came armed into the field▪ each against other, but Mr. Williams pacified them for the present. This occasioned the weaker party to write a letter under all their hands, to our Governor and magistrates, complaining of the wrongs they suffered, and desiring aid, or if not that, counsel from us. We answered them that we could not levy any war &c. with▪ a general court. For counsel we told them, that except they did submit themselves to some jurisdiction, either Plimouth or our's, we had no calling or warrant to interpose in their contentions, but if they were once subject to any, then they had a calling to protect them. After this answer we heard no more from them for a time.

The frost was so great and continual this winter that all the bay was frozen over, so much and so long, as the like, by the indians relation, had not been these 40 years, and it continued from the 18th of this month, to the 21st of the 12th month; so as horse and carts went over in many places where ships have sailed. Capt. Gibons and his wife with divers on foot by them, came riding from his farm at Pullen point, right over to Boston the 17th of the 12th mo. when it had thawed so much as the water was above the ice half a foot in some places; and they passed with loads of wood and six oxen from muddy river to Boston, and when it thawed it removed great rocks of above a ton or more weight, and brought them on shore. The snow likewise was very deep especially northward about Acomenticus above three feet, and much more beyond. It was frozen also to sea so far as one could well discern.

To the southward also the frost was as great and the snow as deep, and at Virginia itself the great bay was much of it frozen over, and all their great rivers, so as they lost much cattle for want of hay, and most of their swine.

There was a shallop with eight men to go from Piscat: to Pemaquid about the beginning of the frost, they would needs set forth upon the Lord's day, tho' forewarned &c. They were taken with a N.W. tempest and put to sea about 14 days: at length they recovered Monhigen. Four of them died with cold, the rest were discovered by a fisherman a good time after and so brought off the island.

There was great fear lest much hurt might have been p. 241done upon the breaking up of the frost (men and beasts were grown so cold) but by the good providence of God, not one person miscarried save one Warde of Salem, an honest young man, who going to shew a traveller the safest passage over the river, as he thought, by the salthouse, fell in, and tho' he had a pitch fork in his hand, yet was presently carried under the ice by the tide. The traveller fell in with one leg while he went to help the other, but God preserved him. He had about him all the letters from England which were brought in a ship newly arrived at the isle of shoals, which sure were the occasion of God's preserving him, more than any goodness of the man. Most of the bridges were broken down and divers mills.

About this time one Turner of Charlestown a man of about 50 years of age, having led a loose and disorderly life, and being wounded in conscience at a sermon of Mr. Shepherd's, he kept it in and did not discover his distress to such as might have offered him help &c. nor did attend upon the public means as he ought to have done, and after a good space he went out from his wife on the Lord's day at night, having kept at home all that day, and drowned himself in a little pit where was not above two feet water.

At New Haven there was a sow which among other pigs had one without hair, and some other human resemblances, it had also one eye blemished, just like one eye of a loose fellow in the town, which occasioned him to be suspected, and being examined before the magistrates, he confessed the fact, for which, after they had written to us, and some other places for advice, they put him to death.

Three men coming in a shallop from Brantree, the wind taking them short at Castle island, one of them stepping forward to hand the sail, caused a fowling piece with a french lock, which lay in the boat, to go off. The whole charge went through the thigh of one man within one inch of his belly, yet missed the bone, then the shot (being goose shot) scattered a little and struck the 2d man under his right side upon his breast, so as above 40 shot entered his body, many into the capacity of his breast. The 3d man being now only able to steer, but not to get home the boat, it pleased God the wind favored him so as he did fetch the Governor's garden, and the … being a small boat and men at that time, they brought them to Boston before they were too far spent with cold and pain, p. 242and beyond all expectation,1642. they were both soon perfectly recovered, yet he who was shot in the breast fell into a fever and spit blood.

One Jo. Turner a merchant's factor of London had gone from hence to the W. Indies the year before in a small pinnace of 15 tons and returned with great advantage in indigo, pieces of 8 &c. He said he got them by trade, but it was suspected he got them by prize. He prepared a bigger vessel and well manned in the beginning of winter, and putting to sea was forced in again three times. 1. by a leak. 2. by contrary wind, and 3. he spent his mast in fair weather, and having gotten a new at Cape Anne, and towing it towards the bay, he lost it by the way, and so by these occasions and by the frost, he was kept in all winter: thereupon he gave over his voyage and went to Virginia and there sold his vessel and shipped himself and his commodities in a dutch ship for the W. Indies.

Mo. 1.27.Mr. William Aspenwall who had been banished, as is before declared, for joining with Mr. Wheelwright, being licensed by the general court to come and tender his submission &c. was this day reconciled to the church of Boston. He made a very free and full acknowledgment of his error and seducement, and that with much detestation of his sin. The like he did after, before the magistrates, who were appointed by the court to take his submission, and upon their certificate thereof at the next general court, his sentence of banishment was released.

It is observable how the Lord doth honor his people and justify their ways even before the heathen when their proceedings are true and just, as appears by this instance. Those at New-Haven intending a plantation at Delaware, sent some men to purchase a large portion of land of the indians there, but they r…fused to deal with them. It so fell out that a Pequod sachem being fled his country in our war with them, and having seated himself with his company upon that river ever since,) was accidentally there at that time, he taking notice of the English and their desire, persuaded the other sachem to deal with them, and told him that howsoever they had killed his countrymen and driven him out, yet they were hone… men, and had just cause to do as they did, for the Pequods had done them wrong, and refused to give such reasonable satisfaction as was demanded of them: whereupon p. 243the sachem entertained them and let them have what land they desired.

A general fast was kept for our native country and Ireland, and our own occasions.2.14.

The spring began very early, and the weather was very mild, but the 3d and 4th month proved very wet and cold, so that the low meadows were much spoiled, and at Connecticut they had such a flood as brake their bridges and killed all their winter corn, and forced them to plant much of their indian over.

The last winter divers vessels were cast away to the southward, one at Long-Island, wherein 8 or 9 persons were drowned. These were loose people who lived by trucking with the indians.

The ship Eleanor of London, one Mr. Jugle master,Mo. 3.9. arrived at Boston. She was laden with tobacco from Virginia, and having been about 14 days at sea, she was taken with such a tempest, as tho' all her sails were down and made up, yet they were blown from the yards, and she was laid only on one side 2½ hours, so low as the water stood upon her deck, and the sea over-raking her continually, and the day was at dark as if it had been night, and tho' they had cut her masts, yet she righted not 'till the tempest asswaged. She staid here 'till the 4. of the (4) and was well fitted with masts, sails, rigging and victuals at such reasonable rates as the master was much affected with his entertainment, and professed that he never found the like usage in Virginia where he had traded these ten years.

Capt. Underhill finding no employment here that would maintain him and his family, and having good offers made him by the Dutch Governor (he speaking the Dutch tongue and his wife a Dutch woman) had been with the Governor, and being returned desired the church's leave to depart. The church understanding that the English at Stamford near the Dutch, had offered him employment and maintenance (after their ability) advised him rather to go thither seeing they were our countrymen and in a church estate. He accepted this advice. His wife being more forward to this consented, and the church furnished him out, and provided a pinnace to transport him; but when he came there he changed his mind, or at least his course, and went to the Dutch.

The court of elections was▪ 18Mr. Winthrop was again chosen Governor, and Mr. Endicott Dep. Governor. p. 244This being done, M… Dudley went away, and though he were chosen an assistant, … would not accept it. Some of the elders went to … to deal with him, his answer was, that he had sufficient reasons to excuse and warrant his refusal, which he did not think fit to publish, but he would impart to any one or two of them whom they should appoint, which he did accordingly. The elders acquainted the court with what they had done, but not with the reasons of his refusal, only that they thought them not sufficicent. The court sent a magistrate and two deputies to desire him to come to the court, for as a counsellor he was to assist in the general court. The next day he came, and after some excuse he consented to accept the place, so that the court would declare that if at any time he should depart out of the jurisdiction (which he professed he did not intend) no oath, either of officer, counsellor or assistant should hold him in any bond which he stood. He desired not for his own satisfaction, but that it might be a satisfaction to others who might scruple his liberty herein. After much debate the court made a general order which gave him satisfaction.

One Mr. Blinman a minister in Wales, a godly▪ and able man, come over with some friends of his, and being invited to Green's harbour near Plimouth, they went thither, but 'ere the year was expired, there fell out some difference among them, which by no means could be reconciled, so as they agreed to part, and he came with his company and sat down at Cape Anne which at this court was established to be a plantation, and called Glocester.

A book was brought into the court wherein the institution of the standing council was pretended to be a sinful innovation. The Governor moved to have the contents of the book examined, and then, if there appeared cause, to inquire after the author. But the greatest part of the court having some intimation of the author, of whose honest intentions they were well persuaded, would not consent, only they permitted it to be read, but not to be spoken unto, but would have inquiry first made how it came into the court: where upon it was found to have been made by Mr. Saltonstall one of the assistants, and by him sent to Mr. Hathorn (then a deputy of the court) to be tendred to the court, if he should approve of it. Mr. Hathor… did not acquaint the court with it, but delivered p. 245it to one of the freemen to consider of, with whom it remained about half a year 'till he delivered it to Mr. Dudley. This discovery being made, the Governor moved again that the matter of the book might be considered, but the court could not agree to it except Mr. Saltonstall were first acquit from any censure concerning the said book. This was thought to be … course out of all order, and upon that some passage… very offensive and unwarrantable were mentioned, about which also the court being divided, the Governor moved to take the advice of the elders concerning the soundness of the propositions and arguments. This the court would not allow neither, except the whole cause were referred also, which he thought sure they would have accepted, for the cause being of a civil nature, it belonged to the court, and not to the elders, to judge of the merit thereof. In the end, a day or two after, when no further p…ceeding was othe…ise … to be had, it was agreed, that in regard the court was not jealous of any evil intention in Mr. Saltonstall &c. and that when he did write and deliver it (as was supposed) there was an order in force which gave liberty to every freeman to consider and deliver their judgments to the next court about such fundamental laws as were then to be established (whereof one did concern the institution and power of the council) therefore he should be discharged from any censure or further enquiry about the same, which was voted accordingly, altho' there were some expressions in the book which would not be warranted by that order, as that the council was instituted unwarily to satisfy Mr. Vane's desire &c. whereas it was well known to many in the court, as themselves affirmed, that it was upon the advice and solicitation of the elders and after much deliberation from court to court. Other passages there were also which were very unsound, reproachful and dangerous, and was manifested by an answer made thereunto by Mr. Dudley, and received at the next session of the court; and by some observations made by Mr. Norris, a grave and judicious elder, teacher of the church in Salem (and with some difficulty read also in court) who not suspecting the author, handled him somewhat sharply accordingly to the merit of the matter.

This summer three ships were new bu…lt, one at Boston and one at Dorchester, and one at Salem.

A cooper's wife of Hingham having been long in a sad p. 246melancholic distemper near to phrenzy, and having formerly attempted to drown her child, but prevented by God's gracious providence, did now again take an opportunity, being alone, to carry her child, aged three years, to a creek near her house, and stripping it of the cloaths, threw it into the water and mud, but the tide being low, the little child scrambled out, and taking up its cloaths, came to its mother who was set down not far off, she carried the child again, and threw it in so far as it could not get out, but then it pleased God that a young man coming that way, saved it. She would give no other reason of it, but that she did it to save it from misery, and withal that she was assured she had sinned against the Holy Ghost, and that she could not repent of any sin. Thus doth satan work by the advantage of our infirmities, which should stir us up to cleave the more fast to Christ Jesus, and to walk the more humbly and watchfully in all our conversation.

At this general court appeared one Richard Gibson a scholar, sent some three or four years since to Richman's island to be a minister to a fishing plantation there belonging to one Mr. Tretaway of Plimouth in England. He removed from thence to Piscat: and this year was entertained by the fishermen at the Isle of sholes to preach to them. He being wholly addicted to the hierarchy and discipline of England, did exercise a ministerial function in the same way, and did marry and baptize at the Isle of Sholes which was now found to be within our jurisdiction. This man being incensed against Mr. Larkham pastor of the church at Northam (late Dover) for some speeches he delivered in his sermon against such hirelings &c. he sent an open letter to him, wherein he did scandalize our government, oppose our title to those parts, and provoke the people, by way of arguments, to revolt from us (this letter being shewed to many before it came to Mr. Larkham.) Mr. Gibson being now shewed this letter, and charged with his offence, he could not deny the thing, whereupon he was committed to the marshall. In a day or two after he preferred a petition, which gave not satisfaction, but the next day he made a full acknowledgment of all he was charged with, and the evil thereof, submitting himself to the favor of the court. Whereupon, in regard he was a stranger, and was to depart the country within a few days, he was discharged without any fine or other punishment.

p. 247One Nath: Bristoe a godly young man, newly admitted a member of the church of Boston, being single, he kept with his father a godly poor man,Mo. 4.8. but minded his own advantage more than his father's necessity, so as that his father, desiring in the evening to have his help the next day, he neglected his father's request, and rose very early next morning to go help another man for wages, and being loading a boat in a small creek, he fell into the water and was drowned.

About this time the adventurers to the Isle of Sable fetched off their men and goods all safe. The oil, teeth, seal and horse hides, and some black fox skins came to near £1500.

One Darby Field an irishman, living about Piscat: being accompanied with two indians, went to the top of the white hill. He made his journey in 18 days. His relation at his return was, That it was about 160 miles from Saco, that afer 40 miles travel he did, for the most part, ascend, and within 12 miles of the top was neither tree nor grass but low which they went on the top of sometimes but a continual ascent upon rocks, on a ridge between two vallies filled with snow, out of which came two branches of Saco river which met at the foot of the hill where was an indian town of some 200 people; some of them accompanied him within 8 miles of the top, but durst go no further, telling him that no indian ever dared to go higher, and that he would die if he went. So they staid there 'till his return, and his two indians took courage by his example and went with him. They went divers times thro' the thick clouds for a good space, and within 4 miles of the top they had no clouds, but very cold. By the way among the rocks there were two ponds, one a blackish water and the other reddish. The top of all was plain about 60 feet square. On the North side there was such a precipice as they could scarce discern to the bottom. They had neither cloud nor wind on the top and moderate heat. All the country about him seemed a level, except here and there a hill rising above the rest, but far …neath them. He saw to the North a great water … he judged to be about 100 miles broa…, but could see no land beyond it. The sea by Saco seemed as if it had been within 20 miles. He saw also a sea to the Eastward, which he judged to be the gulph of Canada—he saw some great waters in parts to the Westward which he judged to be the great lake which p. 248Canada river comes out of. He found there much muscovy glass, they could rive out pieces of 40 feet long and 7 or 8 broad. When he came back to the indians he found them drying themselves by the fire, for they had a great tempest of wind and rain. About a month after he went again with five or six in his company, then they had some wind on the top and some clouds above them which hid the sun. They brought some stones which they supposed had been diamonds, but they were most chrystal. See after, another relation more true and exact.

Mo. 4.22.In the time of the general court, in a great tempest of thunder and lightning, in the evening, the lightning struck the upper sail of the windmill in Boston by the ferry, and shattered it in many pieces, and missing the stones struck into the standard, rived it down in three parts to the bottom, and one of the spars, and the main standard being bound about with a great iron hoop, fastened with many long spikes, it was plucked off, broken in the middle, and thrown upon the floor, and the boards upon the sides of the mill rived off the sacks &c. in the mill set on fire, and the miller being under the mill upon the ground chopping a piece of board, was struck dead, but company coming in, sound him to breath, so they carried him to an house, and within an hour or two he began to stir, and strove with such force, as six men could scarce hold him down. The next day he came to his senses, but knew nothing of what had befallen him, but found himself very sore on divers parts of his body. His hair on one side of his head and beard was singed, one of his shoes torn off his foot, but his foot not hurt.

The indians at Kenebeck hearing of the general conspiracy against the English, determined to begin there, and one of them knowing that Mr. Edward Winslow did use to walk within the palisadoes, prepared his piece to shoot him, but as he was about it, Mr. Winslow not seeing him nor suspecting any thing, but thinking he had walked enough, went suddenly into the house, and so God preserved him.

At the same general court there fell out a great business upon a very small occasion, Anno 1636. There was a stray sow in Boston which was brought to Capt. Keain, he had it cried divers times, and divers came to see it, but none made claim to it for near a year. He kept it in his yard with a sow of his own, afterwards … Sherman's p. 249wife having lost such a sow, laid claim to it, but came not to see it, 'till Capt. Keain had killed his own sow, after being shewed the stray sow, and finding it to have other marks than she had claimed her sow by, she gave out that he had killed her sow. The noise hereof being spread about the town, the matter was brought before the elders of the church as a case of offence—many witnesses were examined and Capt. Keain was cleared. She not being satisfied with this, by the instigation of one G. Story a young merchant of London who kept in her house (her husband being then in England) and had been brought before the Governor upon complaint of Capt. Keain as living under suspicion. She brought the cause to the inferior court at Boston, where upon a full hearing, Capt. Kean was again cleared, and the jury gave him £3 for his cost, and he bringing his action against Story and her for reporting about that he had stolen her sow, recovered £20 damages of either of them. Story upon this searcheth town and country to find matter against Capt. Keain about this stray sow, and got of his witnesses to come into Salem court and to confess there that he had forsworn himself, and upon this he petitions in Sherman's name, to this general court, to have the cause heard again, which was granted, and the best part of seven days were spent in examining of witnesses and debating of the cause, and yet it was not determined, for there being one magistrate and thirty deputies, no sentence could by law pass without the greater number of both, which neither plaintiff nor defendant had, for there were for the plaintiff two magistrates and fifteen deputies, the other seven deputies stood doubtful. Much contention and earnestness there was, which indeed did mostly arise from the difficulty of the case, in regard of cross witnesses (as one protested) against the person, which blinded some men's judgments that they could not attend the true nature and course of the evidence, for all the plaintiffs witnesses amounted to no more but an evidence of probability, so as they might all swear true, and yet the sow in question might not be the plaintiffs. But the defendant's witnesses gave a certain evidence, upon their certain knowledge, and that upon certain grounds (and these as many and more and of as good credit as the others) so as if this testimony were true it was not possible the sow should be the plaintiffs; besides whereas the plaintiff's wife was admitted to take her oath for the marks of her sow, the p. 250defendant, and his wife (being a very godly sober woman) was denied the like, altho' propounded in the court by Mr. Cotton, upon that rule in the law he shall swear he hath not put his hands to his neighbours goods, ye… they both in the open court solemnly, as in the presence of God, declared their innocency &c. Further, if the case had been doubtful, yet the defendant's lawful possession ought to have been preferred to the plaintiff's doubtful title, for in equali jure melior est conditio possidentis. But the defendant being of ill report in the country for a hard dealer in his course of trading, and having been formerly censured in the court and in the church also, by admonition for such offences, carried many weak minds strongly against him: and the truth is, he was very worthy of blame in that kind, as divers others in the country were also in those times, tho' they were not detected as he was, yet to give every man his due, he was very useful to the country both by his hospitality and otherwise, but one dead fly spoils much good ointment.

There was great expectation in the country, by occasion of Story's clamours against him, that the cause would have passed against the Captain, but falling out otherwise, gave occasion to many to speak unreverently of the court, especially of the magistrates, and the report went, that their negative voice had hindered the course of justice, and that these magistrates must be put out, that the power of the negative voice might be taken away. Thereupon it was tho't fit by the Governor & other of the magistrates to publish a declaration of the true state of the cause, that truth might not be condemned unknown. This was framed before the court brake up; for prevention whereof, the Governor tendred a declaration in nature of a pacification, whereby it might have appeared that howsoever the members of the court dissented in judgment, yet they were the same in a…ection, and had a charitable opinion each of other; bu… this was opposed by some of the plaintiff's part, so it was laid by. And because there was much labouring in the country upon a false supposition that the magistrate's negative voice stopped the plaintiff in the case of the sow, one of the magistrates published a declaration of the necessity of upholding the same. It may be here inserted, being but brief.[This declaration is not in M.S. Edit.]

p. 251From Maryland came one Mr. Neale with two pinnaces and commission from Mr. Calcourt the Governor there, to buy mares and sheep,Mo. 5.7. but having nothing to pay for them but bills charged upon the Lord Baltimore in England, no man would deal with him. One of his vessels was so eaten with worms that he was forced to leave her.

Mr. Chancye of Scituate persevered in his opinion of dipping in baptism, and practised accordingly, first upon two of his own, which being in very cold weather, one of them swooned away. Another having a child about three years old, feared it would be frightened, (as others had been, and one caught hold of Mr. Chancye and had near pulled him into the water) she brought her child to Boston with letters testimonial from Mr. Chancye, and had it baptized there.

A general fast was kept by order of the general court and advice of some of the elders.21 The occasion was principally for the danger we conceived our native country was in, and the soul sins which had broken out among ourselves &c.

Osamaken the great sachem of Pakamecott in Plimouth jurisdiction came attended with many men and some other sagamores accompanying him,23 to visit the Governor who entertained him kindly &c.

The Mary Rose which had been blown up and sunk with all her ordnance, ballast, much lead, and other goods, was now weighed and brought to shore by the industry and diligence of one Edward Bedall of Boston. The court gave the owners above a years time to recover and …ree the harbour, which was much damnified by her, and they having given her over and never attempting to weigh her, Edward Bedall undertook it upon these terms. viz. If he freed the harbour, he should have half of all he recovered. He made two great tubs bigger than a butt, very tight, and open at one end upon which were hanged so many weights as would sink it to the ground (600 wt.) It was let down, the diver … in it, a cord in his hand to give notice when they should draw him up, and another cord to shew when they should remove it from place to place, so he could continue in his tub near half an hour, and fasten ropes to the ordnance, and put the lead &c. into a net or tub, and when the tub was drawn up one knocked upon the head of it and thrust a long pole under water which the diver laid hold of▪ and p. 252so was drawn up by it, for they might not draw the open end out of water for endangering him &c. The case of the money shot out of one of the guns, which came to a trial in the court at Boston (8) 27. See in the next leaf.

(5) 28.A Dutch ship of 300 tons arrived here laden with salt from the West Indies which she sold here for plank and pipe staves. She brought two Spanish merchants, who being taken at sea while they went in a frigate from Domingo to find an English ship which they had freighted there, and was by their agreement, stolen out of the harbour where she had been long imbarred. They hired this dutchman to bring them hither where they had appointed their ship to come, not daring to go into Spain or England. They staid here about a month, but their ship came not, so they went away again. We heard after that their ship had been 14 days beating upon our coast, and being put back still by N.W. winds, she bare, up, and went for England, and arriving at Southampton, the parliament made use of the truasure.

God would not suffer her to came to us, lest our hearts should have caused the Spaniards to have an evil eye upon us.

Some of the elders went to Concord being sent for by the church there to advise with them about the maintenance of their elders &c. They found them wavering about removal, not finding their plantation answerable to their expectation, and the maintenance of two elders, too heavy a burden for them. The elders advice was, that they should continue and wait upon God, and …e helpful to their elders in labour and what they could, and all to be ordered by the deacons (whose office had not formerly been improved this way amongst them) and that the elders should be content with what means the church was able at present to afford them, and if either of them should be called to some other place, then to advise with other churches about removal.

One Wequash Cook in indian living about Connecticut river's mouth, and keeping much at Saybrook with Mr. Fenwick, attained to good knowledge of the things of God and salvation by Christ, so as he became a preacher to other indians, and laboured much to convert them, but without any effect, for within a short time he fell sick, not without suspicion of poison from them, and died very comfortably.

p. 253There was about £30 put into one of the guns of the Mary Rose which was known all abroad. The guns being taken up and searched, they pulled out of one of them a wad of rope yarn, they handled it and found it very heavy, and began to undo it, but being very wet and foul they threw it down, and about 8 or 9 days after, coming to try one of the guns, and finding this wad lying there, they thrust it in after the powder, and shot it off into the channel, but perceived part of it to break and fall short, and the rest …ell into the middle of the channel: but the next low water there was taken up several pieces of gold and some silver. This was in a place where people passed daily, and never any found there before that time. Those who found the money refused to restore it to him who had bought and taken up the wreck.—whereupon …e brought his action, and the money was adjudged to him.

Two ships arrived from England, but brought not above five or six passengers save our own people, and very few goods except rigging &c. for some ships which were building …her….

Now came over a book of Mr. Cotton's sermons upon the seven vials. Mr. Humphry had gotton the notes from some who had took them by characters, and printed them in London, which was a great wrong to Mr. Cotton, and he was much greived at it, for it had been fit he should have perused and corrected the copy before it had been printed.

Mr. Welde, Mr. Peter and Mr. Hibbins who were sent the last year into England,Mo. 6. had procured £500 which they sent over in linnen, wollen and other useful commodities for the cou…try, which, because the stock might …e preserved and returned this year for a further supply, were put off together for about eighty pounds profit, and the principal returned by Mr. Stoughton in the next ship.

By their means also Mr. Richard Andrews an haberdasher in Cheapside London, a godly man, and who had been a former benefactor to this country, having £500 due to him from the Governor and company of Plimouth, gave it to this colony to be laid out in cattle and other course of trade for the poor.

Two fishermen drowned in a shallop which was overset near Piscat.

The ship Trial about 200 tons built at Boston by the24 p. 254merchants there, being now ready to set sail (Mr. Tho's C master and divers godly seamen in her) Mr. Cotton was desired to preach aboard her &c. but upon consideration that the audience would be too great for the ship, the sermon was at the meeting house.

A plantation was begun the last year at Delaware Bay by those of New-Haven, some 20 families were transported thither, but this summer there fell such sickness and mortality among them as dissolved the plantation. The same sickness and mortality befell the Swedes also who were planted upon the same river. The English were after driven out by the Swedes.

Mo. 7.Mr. William Hibbins who was one of those who were sent over into England the year before, arrived now in safety with divers others who went over then also. He made a public declaration to the church in Boston of all the good providences of the Lord towards him in his voyage to and fro &c. wherein it was very observable what care the Lord had of them, and what desperate dangers they were delivered from upon the seas, such as the eldest seamen were amazed; and indeed such preservations and deliverances have been so frequent to such ships as have carried those of the Lords family between the two Englands as would fill a perfect volume to report them all.

(6)There came letters from divers Lords of the upper house and some 30 of the house of commons, and others from the ministers there who stood for the independency of churches, to Mr. Cotton of Boston, Mr. Hooker of Hartford, and Mr. Davenport of New-Haven, to call them, or some of them, if all could not, to England to assist in the synod there appointed, to consider and advise about the settling of church government. Upon this such of the magistrates and elders as were at hand met together, and were most of them of opinion that it was a call of God, yet took respite of concluding, till they might hear from the rest—whereupon a messenger was presently dispatched to Connecticut and New-Haven with the letters &c. Upon return it was found that Mr. Hooker liked not the business, nor thought it any sufficient call for them to go 3,000 miles to agree with three men (meaning those three ministers who were for independency, and did solicit in the parliament &c.) Mr. Davenport thought otherwise of it, so as the church there set apart a day to seek the Lord in it, and thereupon came to this p. 255conclusion, that seeing the church had no other officer but himself, therefore they might not spare him.

Mr. Cotton apprehended strongly a call of God in it, though he were very averse to a sea voyage, and the more because his ordinary topic in Acts 13. led him to deliver that doctrine of the interest all churches have in each other's members for mutual helpfulness &c. But soon after came other letters out of England upon the breach between the king and parliament, from one of the former Lords and from Mr. Welde and Mr. Peter, to advise them to stay 'till they heard further; so this care came to an end.

There arrived another ship with salt which was put off for pipe staves &c. so by an unexpected providence we were supplied of salt to go on with our fishing, and of ships to take off our pipe staves which lay upon men's hands.

The…e fell out a very sad accident at Weymouth. One Richard Silvester having three small children, he and his wife going to the assembly upon the Lord's day, left their children at home; the eldest was without doors looking to some cattle; the middlemost being a son about five years old, seeing his father's fowling piece (being a very great one) stand in the chimney, took it and laid it upon a stool as he had seen his father do, and pulled up the cock (the spring being weak) and put down the hammer, then went to the other end and blowed in the mouth of the piece, as he had seen his father also do, and with that stirring the piece, being charged, it went off, and shot the child into the mouth and thro' his head. When the father came home he found his child lie dead, and could not have imagined how he should have been so killed, but the youngest child (being but three years old and could scarce speak) shewed him the whole manner of it.

There arrived in a small pinnace one Mr. Benet a gentleman of Virginia with letters from many well disposed people of the upper in Virginia to the elders here, bewailing their sad condition for want of the means of salvation, and earnestly intreating a supply of faithful ministers, whom, upon experience of their gifts and godliness, they might call to office &c. Upon these letters (which were openly read in Boston upon a lecture day) the elders met and set a day apart to seek God in it, and agreed upon three who might most likely be spared, viz. p. 256Mr. Philips of Watertown, Mr. Thompson of …, and Mr. Miller of Rowlye, for these churches had each of them two. Having designed these men they acquainted the general court herewith, who did approve thereof, and ordered that the Governor should commend them to the Governor and Council of Virginia, which was done accordingly, but Mr. Philips being not willing to go, Mr. Knolles his fellow elder, and Mr. Thompson, with the consent of their churches, were sent away, and departed on their way 8ber 7. to Taunton to meet the bark at Naragansett. Mr. Miller did not accept the call. The main argument which prevailed with the churches to dismiss them to that work, and with the court to allow and further it, was the advancement of the kingdom of Christ in those parts, and the confidence they had in the promise, that whosoever shall part with father &c. for may sake and the gospel's, shall receive an hundred fold. We were so far from fearing any loss by parting with such desirable men, as we looked at them as seed …own which would bring us in a plentiful harvest, and we accounted it no small honor that God had put upon his poor churches here, that other parts of the world should seek to us for help in this kind, for about the same time two of our vessels which had been gone near a year, and were much feared to be lost, returned home with a good supply of cotton, and brought home letters with them from Barbadoes and other islands in those parts, inteating us to supply them with ministers, but understanding that these people were much infected with familist &c. the elders did nothing about it, intending to inquire further by another vessel which was preparing for those parts.

Mo. 7.1.There came letters from the court at Connecticut, and from two of the magistrates there, and from Mr. Ludlow near the dutch, certifying us that the indians all over the country had combined themselves to cut off all the english—that the time was appointed after harvest—the manner also they should go, by small companies to the chief men's houses by way of trading &c. and should kill them in the house and seize their weapons, and then others should be at hand to prosecute the massacre—and that this was discovered by three several indians near about the same time and in the same manner; one to Mr. Laton of New-Haven, another to Mr. Ludlow, and the third to Mr Haynes. This last being quite near to death by a cart &c. sent after Mr. Haynes▪ and told him that p. 257Englishman's God was angry with him and had set Englishman's cow to kill him because he had concealed such a conspiracy against the English▪ and so told him of it as the other two had done. Upon this their advice to us was, that it was better to enter into war presently and begin with them, and if we would send 100 men to the river's mouth of Connecticut, they would meet us with a proportionable number. Upon these letters the Governor called so many of the magistrates as were near, and being met they sent out summons for a general court to be kept six days after▪ and in the mean time it was thought fit, for our safety, and to strike some terror into the indians, to disarm such as were within our jurisdiction. Accordingly we sent men to Cutshamkin at Brantree to fetch him and his guns, bows &c. which was done, and he came willingly, and being late in the night when they came to Boston, he was put in the prison, but the next morning, finding upon examination of him and divers of his men, no ground of suspicion of his partaking in any such conspiracy, he was dismissed. Upon the warrant which went to Ipswich, Rowlye and Newberry to disarm Passaconamy▪ who lived by Merrimack, they sent forth 40 men armed the next day, being the Lord's day, but it rained all the day, as it had done divers days before and also after, so as they could not go to his wigman, but they came to his son's and took him, which they had warrant for, and a squa and her child, which they had warrant for, and therefore order was given so soon as he heard of it, to send them home again. They fearing his son's escape, led him in a line, but he taking an opportunity▪ slipped his line and escaped from them, but one very indiscreetly made a shot at him▪ and missed him narrowly. Upon the intelligence of these unwarranted proceedings, and concerning that Passaconamy would look at it as a manifest injury (as indeed we conceived it to be, and had always shunned to give them any just occasion against us) the court being now assembled, we sent Cutshamakin to him to let him know that what was done to his son and squa was without order, and to shew him the occasion whereupon we had sent to disarm all the indians, and that when we should find that they were innocent of any such conspiracy, we would restore all their arms again, and to will him also to come speak with us. He returned answer that he knew not what was become of his son and his squa…, (for one of them was ran into the woods and came p. 258not again for ten days after, and the other was still in custody) if he had them safe again then he would come to us, accordingly about a fortnight after he sent his eldest son to us, who delivered up his guns &c.

Mo. 7 8.The general court being assembled, we considered of the letters and other intelligence from Connecticut, and although the thing seemed very probable, yet we thought it not sufficient ground for us to begin a war, for it was possible it might be otherwise, and that all this might come out of the enmity which had been between Miantonomoh and Onkus, who continually sought to discredit each other with the English We considered also of the like reports which had formerly been raised almost every year since we came, and how they proved to be but reports raised up by the opposite factions among the indians: besides we found ourselves in very ill case for war, and if we should begin, we must then be forced to stand continually upon our guard, and to desert our farms and business abroad, and all our trade with the indians, which things would bring us very low; and besides, if upon this intell…gence we should kill any of them, or lose any of our own, and it should be found after to have been a false report, we might provoke God's displeasure, and blemish our wisdom and integrity before the heathen. Further it was considered that our beginning with them could not secure us against them—we might destroy some part of their corn and wigwams, and force them to fly into the woods &c. but the men would be still remaining to do us mischief, for they will never fight us in the open field. Lastly it was considered that such as were to be sent out in such an expedition were, for the most part, godly, and would be as well assured of the justice of the cause as the warrant of their call, and then we would not fear their forwardness and courage, but if they should be sent out, not well resolved, we might fear the success. According to these considerations we returned answer to Conn…ct…icut, and withal we sent two men with two interpreters, an englishman and an indian to Miantonomoh to let him know what intelligence we had of his drawing the rest of the indians into a confederation against us, and of his purpose to make his son sachem of Pequod, and of other things which were breaches of the league he made with us▪ and to desire him to come by such a time to give us satisfaction about them, if he refused to come and give them a satisfactory answer, then to let him know that if p. 259he regarded not our friendship, he would give us occasion to right ourselves, and instruction was given them, that if he gave them occasion, they should tell him the reason of our disarming the indians, and excuse the injury done to Passaconamy to be a mistake and without our order. The messengers coming to him he carried them apart into the woods, ta…ing only one of his chief men with him, and gave them … rational answers to all their propositions, and promised also to come over to us, which he did within the time prefixed.

When he came the court was assembled, and before his admission we considered how to treat with him (for we knew him to be a very subtle man,) and agreed upon the points and order—and that none should propound any thing to him but the Governor, and if any other of the court had any thing material to suggest, he should impart it to the Governor.

Being called in and mutual salutations passed, he was set down at the lower end of the table over against the Governor, and had only two or three of his councellors, and two or three of our neighbouring indians, such as he desired, but would not speak of any business at any time, before some of his counsellors were present, alledging that he would have them present that they might bear witness with him at his return home, of all his sayings.

In all his answers he was very deliberate and shewed good understanding in the principles of justice and amity, and ingenuity withal. He demanded that his accusers might be brought forth, to the end that if they could not make good what they had charged him with▪ they might suffer what he was worthy of, and must have expected if he had been found guilty, viz. death. We answered, we knew them not, nor were they within our power, nor would give credit to them before we had given him knowledge of it according to our agreement with him. He replied, if you did not give credit to it, why then did you disarm the indians. We answered, for our security, and because we had been credibly informed that some of the eastern indians had lately robbed divers englishmen's houses at saco, and taken away their powder and guns. This answer satisfyed them. He gave divers reasons why we should hold him free of any such conspiracy▪ and why we should conceive it was a report raised by Onkus, &c. and therefore offered to mee… Onkus at Connecticut or rather at Boston, and would prove to his face his treachery against p. 260the english &c. and told us he would come to us at any …ime, for tho' some had dessuaded him, assuring him that the English would put him to death, or keep him in prison, yet he being innocent of any ill intention against the english▪ he knew them to be so just as they would do him no wrong, and told us that if we sent but any indian to him that he liked, he would come to us▪ and we should not need to send any of our own men. He urged much that those might be punished who had raised this slander, and put it to our consideration what damage it had been to him, in that he was forced to keep his men at home▪ and not suff…r them to go forth on hunting &c. till he had given the english satisfaction▪ and the charge and trouble it had put the english unto &c. We spent the better part of two days in treating with him, and in conclusion he did accommodate himself to us to our satisfaction: only some difficulty we had to bring him to dise… the Nianticks if we had just cause of war with them. They were, he said, as his own …esh. being allied by continual intermarriages &c but at last he condecended that if they should do us wrong as he could not draw them to give us satisfaction for, nor himself could satisfy, as if it were for blood &c. then he would leave them to us.

When we should go to dinner there was a table provided fo… the indians to dine by themselves▪ and Miant: was left to sit with them. This he was discontented at, and would eat nothing▪ till the Governor sent him meat from his table, so at night and all the time he staid he sat at the lower end of the magistrate's table, when he departed, we gave him and his counsellors coats and tobacco, and when he came to take his leave of the Governor and such of the magistrates as were present, he returned, and gave his hand to the Governor again, saying that was for the rest of the magistrates who were absent.

The court being adjourned for a few days 'till we might hear from Miant: (it was assembled again at such time as he came to Boston) there came letters …rom Connecticut certifying us of divers insolencies of the indians, which so confirmed their minds in believing the former report, as they were now resolved to make war upon the indians, and earnestly pressing us to delay no longer to send forth our men to join with them, and that they thought they should be forced to begin, before they could hear from us again.

Upon receipt of these letters the Governor assembled p. 261such of the magistrates and deputies as were at hand, and divers of the elders also (for they were then met at Boston u…on other occasions) and imparted the letters to them with other letters sent from the Governor of Plimouth, intimating some observations they had which made them very much to suspect that there was such a plot in hand &c▪ We all sat in consultation hereabout all the day, and in the end concluded, 1. That all these informations might arise from a false ground▪ and out of the enmity which was between the Naragansett and Monhigen. 2. Being thus doubtful, it was not a sufficient ground for us to war upon them. 3. That all these particular insolencies and wrongs ought to be revenged and repaired by course of justice, if it might be obtained, otherwise we should never be free from war: And accordingly letters were sent back to our brethren at Connecticut to acquaint them with our opinions, and to dissuade them from going forth, alledging how dishonorable it would be to us all▪ that while we were upon treaty with the indians▪ they should make war upon them, for they would account their act as our own, seeing we had formerly professed to the indians that we were all as one, and in our late message to Miant: had remembered him again of the same, and he had answered that he did so account us. Upon receipt of this our answer they forbare to enter into war, but (it seemed) unwillingly, and as not well pleased with us.