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Journal of the Settlements of Massachusets and Other Colonies · John Winthrop

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

Altho' we apprehended no danger, yet we continued our military watches 'till near the end of 8ber. and restored the indians all their arms we had taken from them: for altho' we saw it was very dangerous to us that they should have guns &c. yet we saw not in justice how we could take them away, seeing they came lawfully by them (by trade with the French and Dutch for the most part) and used them only for killing of fowl and dear &c. except they brought themselves into the state of an enemy, therefore we thought it better to trust God with our safety than to save ourselves by unrighteousness.

At this court we were informed of some english to the eastward who ordinarily traded powder to the indians, and lived alone under no government; whereupon we granted warrant to a gentleman, that upon due proof &c. he should take away their powder, leaving them sufficient for their own occasion.

This court also took order that every town should be furnished with powder out of the comon store, paying for it in country commodities, likewise for muskets; and for military watches and alarms &c. Presently upon this there arose an alarm in the night upon this occasion. A man travelling late from Dorchester to Watertown,(7) 19. lost his way, and being benighted and in a swamp about 10 of the clock, hearing some wolves howl, and fearing to be devoured of them▪ he cried out help, help—one that dwelt within hearing▪ over against Cambridge, hall…od to him, the other still cried out, which caused the man to fear that the indians had gotten some englishman and were torturing him but not daring to go to him, he discharged a piece two or three times—this gave the alarm to Watertown, and so it went as far as Salem and Dorchester, but about one or two of the clock no enemy appearing &c. all retired but the wetch.

At this court also four of Providence who could not consort with Gorton and that company, and therefore were continually injured and molested by them▪ came and offered themselves and their land… &c. to us▪ and were accepted under our government and protection, … we … to … those m…n from unjust violence, and partly to draw in the rest in those parts either under ourselves or Plimouth, who now lived under no government, but grew very offensive, and the place was likely to be of use to us, especially if we should have occasion of sending out against any of the indians of Naragansett Bay, and seeing it c…me without our seeking, and would be no charge to us, we thought it not wisdom to let it slip.

The english of Southampton on Long Island, having certain intelligence of one of those indians who murdered Hammond, who was put ashore there with others when their pinnace was wrecked▪ sent Capt. Howe and eight or ten men to take him. He being▪ in the wigwam ran out and with his knife wounded one of the english in the breast, and so behaved himself as they were forced to kill him.

22The court, with advice of the elders, ordered a general fast. The occasions were. 1. The ill news we had out of England concerning the breach between the king and parliament. 2. The danger of the indians. 3. The unseasonable weather, the rain having continued so long, viz. near a fortnight together scarce one fair day, and much corn and hay spoiled, tho' indeed it proved a blessing to us, for it being with warm easterly winds it brought the indian corn to maturity, which otherwise would not have been ripe, and it pleased God that so soon as the fast was agreed upon, the weather changed, and proved fair after.

At this court the propositions sent from Connecticut about a combination &c. were read, and referred to a committee to consider of after the court, who meeting, added some few cautions and new articles, and for the taking in of Plimouth (who were now willing) and Sir Ferdinand Gorges' province, and so returned them back to Connecticut to be considered upon against the spring, for winter was now approaching, and there could be no meeting before &c.

The sudden fall of land and cattle, and the scarcity of foreign commodities and money &c. with the thin access of people from England, put many into an unsettled frame of spirit, so as they concluded there would be no subsisting here, and accordingly they began to hasten away, some to the W. Indies, others to the Dutch at Long … &c. (for the Governor there invited them by fair …) and others back for England. Among others who returned thither, there was one of the magistrates, Mr. Humphry, and four ministers and a schoolmaster; these would needs go against all advice, and had a fair and speedy voyage 'till they came near England, all which time three of the ministers with the schoolmaster, spake reproachfully of the people and of the country, but the wind coming up, they were tossed up and down (being in 10ber) so long 'till their provisions and other necessaries were near spent, and they were forced to strait allowance, yet at length the wind coming fair again, they got into the sleeve, but then there arose so great a tempest at S, E. as they could bear no sail, and so were out of hope of being saved (being in the night also) then they humbled themselves before the Lord, and acknowledged God's hand to be justly out against them for speaking evil of this good land and the Lord's people here &c. Only one of them, Mr. Philip's of Wrentham in England had not joined with the rest, but spake well of the people and of the country; upon this it pleased the Lord to spare their lives, and when they expected every moment to have been dashed upon the rocks (for they were hard by the needles) he turned the wind so as they were carried safe to the Isle of With by St. Helen's yet the Lord followed them on shore. Some were exposed to great straits and sound no entertainment, their friends forsaking them —one had a daughter that presently ran mad, and two other of his daughters, being under ten years of age, were discovered to have been often abused by divers lewd persons, and fil…hiness in his family. The schoolmaster had no sooner hired an house, and gotten in some scholars, but the plague set in, and took away two of his own children.

Others who went to other places upon like grounds succeeded no better; they fled for fear of want, and many of them fell into it, even to extremity, as if they had hastened into the misery which they feared and fled from, besides the depriving themselves of the ordinances and church fellowship, and those civil liberties which they enjoyed here, whereas such as staid in their places, kept their peace and ease, and enjoyed still the blessing of the ordinances, and never tasted of those troubles and miseries which they heard to have befallen those who departed. Much disputation there was about liberty of removing for outward advantages, and all ways were sought for an open door to get out at; but it is to be feared many crept out at a broken wall: for such as come together into a wilderness, where are nothing but wild beasts and beast like men, and there confederate together in civil and church estate, whereby they do, implicitly at least, bind themselves to support each other, and all them that society, whether civil or sacred, whereof they are members, how they can break from this without free consent, is hard to find, so as may satisfy a tender or good conscience in time of trial. Ask thy conscience if thou wouldst have plucked up thy stakes, and brought thy family 3000 miles if thou hadst expected that all, or most, would have forsaken thee there. Ask again what liberty thou hast towards others which thou likest not to allow others towards thy self, for if one may go another may, and so the greater part, and so church and commonwealth may be left distitute in a wilderness exposed to misery and reproach. and all for thy ease and pleasure, whereas these all, being now thy brethren, as near to thee as the Israelites were to Moses, it were much safer for thee, after his example, to choose rather to suffer affliction with thy brethren, than to enlarge thy ease and pleasure by furthering the occasion of their ruin.

Nine bachellors commenced at Cambridge; they were young men of good hope, and performed their acts so as gave good proof of their proficiency in the tongues and arts.(8) 5. The general court had settled a government or superintendency over the college, viz. all the magistrates and elders of the three nearest churches, and the president or the greatest part of these. Most of them were now present at this first commencement, and dined at the college with the scholars ordinary commons, which was done of purpose for the students encouragement &c. and it gave good content to all.

At this commencement complaint was made to the governors of two young men of good quality lately come out of England, for foul misbehaviour, in swearing and ribaldry speeches &c. for which, tho' they were adult, they were corrected in the college, and sequestered &c. for a time.

Here came in a French shallop with some 14 men,6 whereof one was La Tour his lieutenant. They brought letters from La Tour to the Governor, full of compliments and desire of assistance from us against Mons. D'Aulnay. They staid here about a week and were kindly entertained, and tho' they were papists, yet they came to our church meeting; and the lieutenant seemed to be much affected to find things as he did, and professed he never saw so good order in any place. One of the elders gave him a french testament with notes, which he kindly accepted, and promised to read it.

Six ships went hence laden with pipe staves and other commodities of this country—four went a little before.13 Of these, four were built in the country this year. Thus God provided for us beyond expectation.

Mention is made before of the white hills discovered by one Darby Feald.(6.) The report he brought of strange stones &c. caused divers others to travel thither, but they found nothing worth their pains. Amongst others Mr. Gorge and Mr. Vines two of the magistrates of Sir Ferdinand Gorge his province, went thither about the end of this month. They went up Saco river in birch canoes, and that way they found it 90 miles to Pegwaggett an indian town, but by land it is but 60. Upon Saco river they found many thousand acres of rich meadow, but there are ten falls which hinder boats &c. From the indian town they went up hill (for the most part) about 30 miles in woody lands, then they went about 7 or 8 miles upon shattered rocks, without tree or grass, very steep all the way. At the top is a plain about 3 or 4 miles over, all shatter'd stones, and upon that is an other rock or spire about a mile in height, and about an acre of ground at the top. At the top of the plain arise four great rivers, each of them so much water at the first issue as would drive a mill. Connecticut river from two heads at the N.W. and S.W. which join in one about 60 miles off—Saco river on the S.E.—Amascogg…n which runs into Cascobay at the N.E. and Kennebeck at the N. by E. The mountain runs E. and W. 30 or 40 miles, but the peak is above all the rest. They went and returned in 15 days.

(8) 18.All the elders met at Ipswich; they took into consideration the book which was committed to them by the General Court, and were much different in their judgments about it, but at length they agreed upon this answer in effect.

Whereas in the book there were three propositions laid down, and then the application of them to the standing council, and then the arguments enforcing the same. The propositions were these.

1In a commonwealth rightly and religiously constituted there is no power, office, admini…ation, or duty but such as are commanded and ordained of God.

2The powers, offices, and administrations that are ordained of God as aforesaid, being given, dispensed, and erected in a christian commonwealth by his good providence—proportioned to his rule, to their state and condition—established by his power against all opposition— carried on and accompanied with his presence and blessing, ought not to be by them either changed or altered but upon such grounds—for such ends—in that manner, and only so far as the mind of God may be manifested therein.3 3. The mind of God is never manifested concerning the change or alteration of any civil ordinance erected or established by him as aforesaid in a christian commonwealth, so long as all the cases, counsels, services and occasions thereof may be duly and fully ended, ordered, executed and performed without any change or alteration of government.

In their answer they allowed the said propositions to be found, with this distinction in the 1st. viz. That all lawful powers are ordained &c. either expressly or by consequence—by particular examples or by general rules.

In the applications they distinguished between a standing council invested with a kind of transcendent authority beyond other magistrates, or else any kind of standing council distinct from magistrates; the former they seem implicitly to disallow; the latter they approve as necessary for us, not disproportionable to our estate, nor of any dangerous consequence for disunion among the magistrates, or factions among the people, which were the arguments used by the author against our council. Some passages they wish had been spared, and other things omitted, which if supplied, might have cleared some passages which may seem to reflect upon the present councils, which they do think not to be of that moment, but that the uprightness of his intentions considered, and the liberty given for advice, according to the rules of religion, peace and prudence, they would be passed by.

Lastly, they declare their present thoughts about the moulding and perfecting of a council, in four rules.

1. That all the magistrates, by their calling and office, together with the care of judicature, are to consult for the provision, protection, and universal welfare of the commonwealth.

2. Some select men taken out from the assistants, or other freemen, being called thereunto, be in especial to attend by way of council, for the provision, protection, and welfare of the commonwealth.

3. This council, as counsellors, have no power of judicature.

4. In cases of instant danger to the commonwealth, in the interim, before a general court can be called (which were meet to be done with all speed) what shall be consented unto and concluded by this council, or the major part of them, together with the consent of the magistrates or the major part of them, may stand good and firm 'till the general court.

Some of our magistrates sent a pinnace to trade with La Tour in St. John's river;(9) 7. he welcomed them very kindly, and wrote to our Governor letters very gratulalatory for his lieutenant's entertainment &c. and withal a relation of the state of the controversy between himself and Mons. D'Aulnay. In their return they met with D'Aulnay at Pemaquid, who wrote also to our Governor, and sent him a printed copy of the arrest against La tour, and threatened us that if any of our vessels came to La tour, he would make prize of them.

The village at the end of Charlestown bounds was called Woburn, where they had gathered a church, and this day Mr. Carter was ordained their pastor,22 with the assistance of the elders of other churches. Some difference there was about his ordination; some advised, in regard they had no elder of their own, nor any members very fit to solemnize such an ordinance, they would desire some of the elders of the other churches to have performed it; but others supposing it might be an occasion of introducing a dependency of churches &c. and so a presbytery, would not allow it, so it was performed by one of their own members, but not so well and orderly as it ought.

Divers houses were burnt this year by drying of flax; among others one B of Watertown a rich man a tanner, who had refused to let his neighbour have leather for corn, saying he had corn enough; had his barn and corn and leather &c. burnt to the value of £200.

Mr. Larkam of Northam, alias Dover, suddenly discovering a purpose to go to England, and fearing to be dissuaded by his people, gave them his faithful promise not to go, but yet soon after he gat on ship board, and so departed. It was time for him to be gone, for not long after a widow which kept in his house, being a very handsome women, and about 50 years of age, proved to be with child, and being examined, at first refused to confess the father, but in the end she laid it to Mr. Larkam. Upon this the church of Dover looked out for another elder, and wrote to the elders to desire their help.

There arrived at Boston a small ship from the Madeiras with wine and sugar &c. which were presently sold for pipe staves and other commodities of the country which were returned to the Madeiras: but the merchant himself, one Mr. Parish, staid divers months after. He had lived at the Madeiras many years among the priests and jesuits, who told him when he was to come hither, that those of New-England were the worst of all hereticks, and that they were the cause of the troubles in England, and of the pulling down the bishops there. When he went away he blessed God for bringing him hither, professing that he would not lose what he had gotton in New-England for all the wealth in the world. He went away in a pinnace built here, intending a speedy return, By the way his pinnace (being calked in the winter) proved very leaky, so as all the seamen, being tired out with pumping gave her over, but Mr. Parish continued the pump, and so kept her up, till it pleased God they espied land, and so they came safe to Fayall.

Those of the lower part of the river Piscataq:(10.) invited one Mr. James Parker of Weymouth, a godly man and a scholar, one who had been many years a deputy for the public court, to be their minister. He by advice of divers of the magistrates and elders, accepted the call, and went and taught among them this winter, and it pleased God to give great success to his labours, so as above 40 of them, whereof the most had been very profane, and some of them professed enemies to the way of our churches, wrote to the magistrates and elders, acknowledging the sinful course they had lived in, and bewailing the same, and blessing God for calling them out of it, and earnestly desiring that Mr. Parker might be settled amongst them. Most of them fell back again in time, embracing this present world.

This winter was the greatest snow we had since we came into the country, but it lay not long, and the frost was more moderate than in some other winters.

News came out of England by two fishing ships of the civil wars there between the king and the parliament,(12.) whereupon the churches kept divers days of humiliation, but some of the magistrates were not satisfied about the often reiteration of them for the same cause, but they would not contend with the elders about it, but left the churches to their liberty.

At 7 in the morning, being the Lord's day,(1.) 5 there was a great earthquake, it came with a rumbling noise like the former, but thro' the Lord's mercy, it did no harm.

The churches held a different course in raising the ministers maintenance—some did it by way of taxation, which was very offensive to some. Amongst others one Bristoe of Watertown, who had his barn burnt, as before mentioned, being grieved with that course in their town, the rather because himself and others who were no members were taxed, wrote a book against it, wherein, besides his arguments which were weighty, he cast the reproach upon the elders and officers. This book he published underhand, which occasioned much stir in the town. At length he and two more were convented before the court, where he acknowledged his fault in those reproachful speeches and in publishing it, whereas it had been his duty to have acquainted the court or magistrates with his grievance &c.1643. (but for the arguments in the point there was nothing required of him) and was fined £10 for that and some slighting of the court, and one of the publishers 40s.

Corn was very scarce all over the country, so as by the end of the 2d. month many families in most towns had none to eat, but were forced to live of clams, muscles, cataos, dry fish &c. and since this came by the just hand of the Lord to punish our ingratitude and covetousness, for corn being plenty divers years before, it was so undervalued, as it would not pass for any commodity: if one offered a shop keeper corn for any thing, his answer would be, he knew not what to do with it. So for labourers and artificers; but now they would have done any work, or parted with any commodity for corn, and the husbandman he now made his advantage, for he would part with no corn, for the most part, but for ready money or for cattle at such a price as should be 12d. in the bushel more to him than ready money, and indeed it was a very sad thing to see how little of a public spirit appeared in the country, but of selflove too much. Yet there were some here and there who were men of another spirit, and were willing to abridge themselves that others might be supplied. The immediate causes of this scarcity were the cold and wet summer, especially in the time of the first harvest; also the pigeons came in such flocks (about 10,000 in one flock) that beat down and eat up a very great quantity of all sorts of english grain, much corn spent in setting out the ships catchers &c. Lastly there were such abundance of mice in the barns that devoured much there; the mice also did much spoil in orchards eating off the bark at the bottom of the fruit trees in the time of the snow, so as never had been known the like spoil in any former winter. So many enemies doth the Lord arm against our daily bread, that we might know we are to eat it in the sweat of our brows.

(1) 30.The Trial, Mr. Coytmere master, arrived, and a week after one of the catchers. He sailed first to Fayal where he found an extraordinary good market for his pipe staves and fish. He took wine and sugar &c. and sailed hence to Pt. Peters in the W. Indies where he put off some of his wine for cotton and tobacco &c. and for iron which the islanders had saved of the ships which were there cast away. He obtained licence also of the Governor Sir Thomas Warner, to take up what ordonance, anchors &c. he could, and was to have the one half; and by the help of a diving tub he took up 50 guns and anchors and cables, which he brought home, and some gold and silver also which he got by trade, and so, thro' the Lord's blessing, they made a good voyage, which did much encourage the merchants, and made wine and sugar and cotton very plentiful and cheap in the country.

Two catchers also which were gone to the W. Indies for cotton &c. arrived safe not long after, and made return with profit. Another ship also called the Increase sent to the Madeiras returned safe, and two other ships after tho' they went among the Turks.

There was a piece of justice executed at New-Haven, which being the first in that kind, is not unworthy to be recorded. Mr. Malbon one of the magistrates there had a daughter about years of age which was openly whipped, her father joining in the sentence. The cause was thus.[Here is a blank in the copy. Edit.]

The wife of one Oymoe of Roxbury died in great despair: she had been a servant there, and was very stubborn and selfwilled. After she was married she grew very worldly, aiming at great matters: her first child was still born, thro' her unruliness and falling into a fever—she fell withal into great horror and trembling, so as it shook the room &c. and crying out of her torment, and of her stubborness and unprofitableness under the means, and her lying to her dame in denying somewhat that in liquor she had taken away, and of her worldliness, saying that she neglected her spiritual good for a little worldly trash, and now she must go to everlasting torments, and exhorted others to take heed of such evils &c. and still crying out O! ten thousand worlds for one drop of Christ &c. After she had then been silent a few hours she began to speak again, and being exhorted to consider of God's infinite mercy &c. she gave still this answer, "I cannot for my life," and so died.

The three ministers which were sent to Virginia, viz. Mr. Tomson, Mr. Knolles and Mr. James from New-Haven, departed (8) 7. and were eleven weeks before they arrived. They lay wind-bound sometime at Aquiday: then as they passed Hellgate between Long Island and the Dutch, their pinnace was bilged upon the rocks, so as she was near founder'd before they could run on the next shore. The Dutch Governor gave them slender entertainment, but Mr. Allerton of New-Haven being there, took great pains and care for them, and procured them a very good pinnace and all things necessary, so they set sail in the dead of winter, and had much foul weather, so as with great difficulty and danger they arrived safe in Virginia; here they found very loving and liberal entertainment, and were bestowed in several places, not by the Governor, but by some well disposed people who desired their company. In their way the difficulties and dangers which they were continually exercised with, put them to some question whether their call were of God or not, but so soon as they arrived there and had been somewhat refreshed, Mr. Tomson wrote back, that being a very melancholic man and of a crazy body, he found his health so repaired, and his spirit so enlarged &c. as he had not been in the like condition since he came to New-England, but this was to strengthen him for a greater trial, for his wife, a godly young woman, and a comfortable help to him, being left behind with a company of small children, was taken away by death, and all his children scattered, but well disposed of among his godly friends.

(4) 20.Mr. Knolles returned from Virginia and brought letters from his congregation and others there to our elders, which were openly read in Boston at a lecture, whereby it appeared that God had greatly blessed their ministry there, so as the people's hearts were much inflamed with desire after the ordinances, and though the state did silence the ministers because they would not conform to the order of England, yet the people resorted to them in private houses to hear them as before.

There fell out hot wars between the Dutch and the indians thereabout. The occasion was this. An indian being drunk, had slain an old dutchman—the dutch required the murderer, but he could not be had. The people called often upon the Governor to take revenge, but he still put it off, either for that he thought it not just or not safe &c. It fell out that the Mowhawks, a people that live upon or near Hudson's river, either upon their own quarrel, or rather, as the report went, being set on by the dutch, came suddenly upon the indians near the dutch and killed about 30 of them, the rest fled for sh…lter to the dutch. One Marine a dutch captain hearing of it, goeth to the Governor, and obtains commission of him to kill so many as he could of them, and accordingly went with a company of armed men, and setting upon them, fearing no ill from the dutch, he sl…w about 70 or 80 men women and children. Upon this the indians burnt divers of their farm houses and their cattle in them, and slew all they could meet with to the number of 20 or more of men women and children, and pressed so hard upon the dutch, even home to their fort, that they were forced to call in the English to their aid, and entertained Capt. Underhill &c. which Marine, the dutch captain, took so ill, seeing the Governor to prefer him before himself, that he presented his pistol at the Governor, but was staid by a stander by; then a tenant of Marine discharg'd his musket at the Governor, but missed him narrowly, whereupon the sentinel, by the Governor's command, shot that fellow presently dead. His head was set upon the gallows, and the captain was sent prisoner into Holland. The people also were so offended at the Governor for the damage they now sustained by the indians, tho' they were all for war before, that the Governor durst not trust himself among them, but entertained a guard of 50 English about his person, and the indians did so annoy them by sudden assaults out of the swamps &c. that he was forced to keep a running army to be ready to oppose them upon all occasions.

The indians also of Long Island took part with their neighbours upon the main, and as the dutch took away their corn &c. so they fell to burning the Dutch houses; but these by the mediation of Mr. Williams who was then there to go in a dutch ship for England, were pacified, and peace reestablished between the dutch and them. At length they came to an accord of peace with the rest of the indians also.

One Jo. Cook an honest young man being in his masters absence to salute a ship &c. in the vanity of his mind, thought to make the gun give a great report,23 and accordingly said to some that he would make her speak— overcharging her she brake all into small pieces and scatter'd round about some men a slight shot off; himself was killed, but no hurt found about him but only one hand cut off and beaten a good distance from the place where he stood: and there appeared a special providence of God in it, for altho' there were many people up and down, yet none was hurt, nor was any near the gun when she was fired, whereas usually they gather thither on such occasions.

One of our ships the Seabridge arrived with 20 children and some other passengers out of England, and £300 worth of goods purchased with the country's stock —given by some friends in England the year before; and those children with many more to come after, were sent by money given one fast day in London, and allowed by the parliament and city far that purpose.

The house of commons also made an order in our favor which was sent us under the hand of H. Effinge. Clerk Parl. D. C. to this effect, viz. 10th March 1643. Whereas the plantations in New-England have, by the blessing of Almighty God, had good and prosperous success without any charge to this state, and are now likely to prove very happy for the propagation of the gospel in those parts, and very beneficial and commodious for this kingdom and nation.—The commons now assembled in parliament do, for the better advancement of these plantations and encouragement of the planters &c. ordain that all merchandizes, goods exported &c. into New-England to be spent, used or employed there as being of the growth of that country, shall, imported hither, or put aboard to be spent &c. in the voyage going or returning, and all and every the owners thereof, be free of all custom &c. in England and New-England and all other ports, until this house shall take further order. This to be observed and allowed by all officers and persons whatsoever upon shewing forth of this order. Signed by the said clerk without any other warrant. Our general court, upon receipt of this order, caused the same, with our humble and thankful acknowledgment of so great a favor from that honorable assembly, to be entered verbatim among our records, in perpetua rei memoria.

One Richard servant to one Williams of Dorchester, being come out of service, sell to work at his own hand and took great wages above others, and would not work but for ready money. By this means in a year, or little more, he had scraped together about £25 and then returned with his prey into England, speaking evil of the country by the way: he was not gone far, after his arrival, but the cavaliers met him and eased him of his money, so he knew no better way but to return to N. England again to repair his loss in that place which he had so much disparaged.

Mo. 3.10Our court of elections was held, when Mr. Ez. Rogers, pastor of the church in Rowlye, preached. He was called to it by a company of freemen, whereof the most were deputies chosen for the court, appointed by order of the last court to meet at Salem about nomination of some to be put to the vote for the new magistrates.Mo. 3. Mr. Rogers hearing what exception was taken to this call, as unwarrantable, wrote to the Governor for advice &c. who returned him answer—That he did account his calling not to be sufficient, yet the magistrates were not minded to strive with the deputies about it, but seeing it was noised in the country, and the people would expect him, and that he had advised with the magistrates about it, he wished him to go on. In his sermon he described how the man ought to be qualified whom they should choose for their Governor, yet dissuaded them earnestly from choosing the same man twice together, and expressed his dislike of that with such vehemency as gave offence; but when it came to trial the former Governor Mr. Winthrop was chosen again, and two more magistrates, Mr. William Hibbins and Mr. Samuel Simons.

At this court came the commissioners from Plimouth, Connecticut and New-Haven. viz. From Plimouth Mr. Edward Winslow and Mr. Collins—from Connecticut Mr. Haynes and Mr. Hopkins, with whom Mr. Fenwick of Saybrook joined—from New-Haven Mr. Theophilus Eaton and Mr. Grigson. Our court chose a committee to treat with them, viz. the Governor and Mr. Dudley and Mr. Bradstreet, being of the magistrates; and of the deputies, Capt. Gibbons, Mr. T the treasurer, and Mr. Hathorn. These coming to consultation encountered some difficulties, but being all desirous of union and studious of peace, they readily yielded each to other in such things as tended to common utility &c. so as in some two or three meetings they lovingly accorded upon these ensuing articles, which being allowed by our court, and signed by all the commissioners, were sent to be also ratified by the general courts of other jurisdictions; only Plimouth commissioners having power only to treat, but not to determine, deferred the signing of them 'till they came home, but soon after they were ratified by their general court also.

Those of Sir Ferdinand Gorge his province beyond Piscat: were not received nor called into the confederation because they ran a different course from us both in their ministry and civil administration, for they had lately made Acomenticus (a poor village) a corporation, and had made a taylor their mayor, and had entertained one Mr. Hull an excommunicated person and very contentious, for their minister.

At this court of elections there arose a scruple about the oath which the Governor and the rest of the magistrates were to take, viz. about the first part of it— You shall bear true faith and allegiance to our sovereign Lord King Charles —seeing he had violated the privileges of parliament, and made war upon them, and thereby had lost much of his kingdom and many of his subjects; whereupon it was thought fit to omit that part of it for the present.

About this time two plantations began to be settled upon Merrimack. Pentuckett called Haverill and C called Andover.

The Articles of Confederation, between the plantations under the government of the Massachusetts, the plantations under the government of New-Plimouth, the plantations under the government of Connecticut and the government of New-Haven, with the plantations in combination therewith:

WHEREAS we all came into these parts of America with one and the same end and aim, namely, to advance the kingdom of our Lord Jesus Christ, and to enjoy the liberties of the gospel in purity with peace: and whereas by our settling, by the wise providence of God, we are further dispersed upon the seacoasts and rivers than was at first intended, so that we cannot, according to our desire, with convenience communicate in one government and jurisdiction: and whereas we live encompassed with people of several nations and strange languages, which hereafter may prove injurious to us or our posterity; and for as much as the natives have formerly committed sundry insolencies and outrages upon several plantations of the english, and have of late combined themselves against us, and seeing by reason of the sad distractions in England (which they have heard of) and by which they know we are hindered both from that humble way of seeking advice and reaping those comfortable fruits of protection which at other times we might well expect— we therefore do conceive it our bounden duty without delay, to enter into a present consociation amongst ourselves for mutual help and strength in all future concernment, that as in nation and religion, so in other respects, we be and continue one, according to the tenor and true meaning of the ensuing articles—

1. Wherefore it is fully agreed and concluded between the parties above named, and they jointly and severally do, by these presents, agree and conclude that they all be, and henceforth be called by the name of the United Colonies of New-England.

2. These united colonies, for themselves and their posterities, do jointly and severally hereby enter into a firm and perpetual league of friendship and amity, for offence and defence, mutual advice and succour upon all just occasions, both for preserving and propagating the truth and liberties of the gospel, and for their own mutual safety and welfare.

3. It is further agreed, that the plantations which at present are, or hereafter shall be settled within the limits of the Massachusetts, shall be forever under the government of the Massachusetts, and shall have peculiar jurisdiction amongst themselves in all cases as an entire body; and that Plimouth, Connecticut, and New-Haven shall each of them in all respects have like peculiar jurisdiction and government within their limits, and in reference to the plantations which are already settled, or shall hereafter be erected and shall settle within any of their limits respectively, provided that no other jurisdiction shall hereafter be taken in as a distinct head or member of this confederation; nor shall any other either plantation or jurisdiction in present being, and not already in combination or under the jurisdiction of any of these confederates, be received by any of them: nor shall any two of these confederates join in one jurisdiction without consent of the rest, which consent to be interpreted as in the 6th ensuing article is expressed.

4. It is also by these confederates agreed, that the charge of all just wars, whether offensive or defensive, upon what part or member of this confederation soever they shall fall, shall, both in men and provisions and all other disbursments, be borne by all the parts of this confederation in different proportions, according to their different abilities, in manner following, viz. That the commissioners for each jurisdiction, from time to time as there shall be occasion, bring account and number of all the males in each plantation, or any way belonging to or under their several jurisdictions, of what quality or condition soever they be, from sixteen years old to sixty, being inhabitants there, and that according to the different numbers which from time to time shall be found in each jurisdiction upon a true and just account—the service of men and all charges of the war to be borne by the poll— each jurisdiction or plantation being left to their own just course or custom of rating themselves and people according to their different estates, with due respect to their qualities and exemptions among themselves, though the confederation take no notice of any such privilege, and that according to the different charge of each jurisdiction and plantation, the whole advantage of the war (if it please God so to bless their endeavours) whether it be in lands, goods or persons, shall be proportionably divided among the said confederates.

5. It is further agreed, that if any of these jurisdictions, or any plantation under or in combination with them, be invaded by any enemy whatsoever, upon notice and request of any three magistrates of that jurisdiction so invaded, the rest of the confederates without any further notice or expostulation, shall forthwith send aid to the confederate in danger, but in different proportions, namely, the Massachusetts one hundred men sufficient armed and provided for such a service and journey: and each of the rest, 45 men so armed and provided, or any less number, if less be required, according to this proportion. But if such a confederate in danger may be supplied by their next confederate, not exceeding the number hereby agreed, they may crave help there, and seek no further for the present; the charge to be borne as in this article is expressed, and at their return to be victualled, and supplied with powder and shot, if there be need, for their journey, by that jurisdiction which employed or sent for them: but none of the jurisdictions to exceed these numbers 'till by a meeting of the commissioners for this confederation a greater aid appear necessary; and this proportion to continue 'till upon knowledge of the numbers in each jurisdiction, which shall be brought to the next meeting, some other proportion be ordered. But in any such case of sending men for present aid, whether before or after such order or alteration, it is agreed that at the meeting of the commissioners for this confederation, the cause of such war or invasion be duly considered, and if it appear that the fault lay in the party invaded, that then that jurisdiction or plantation make just satisfaction both to the invaders whom they have injured, and bear all the charge of the war themselves without requiring any allowance from the rest of the confederates towards the same. And further, that if any jurisdiction see any danger of an invasion approaching, and there be time for a meeting, that in such case three magistrates of that jurisdiction may summons a meeting at such convenient place as themselves shall think meet, to consider and provide against the threatened danger; provided when they are met, they may remove to what place they please: only while any of these four confederates have but three magistrates in their jurisdiction, a request or summons from any two of them shall be accounted of equal force with the three mentioned in both the clauses of this article, 'till there be an increase of magistrates there.

6. It is also agreed, that for the managing and concluding of all affairs peculiar to and concerning the whole confederation, commissioners shall be chosen by and out of each of these four jurisdictions, viz. two for the Massachusetts, two for Plimouth, two for Connecticut, and two for New-Haven, all in church fellowship with us, which shall bring full power from their several general courts respectively, to hear, examine, weigh and determine all affairs of war or peace, leagues, aids, charges and numbers of men for war, division of spoils, or whatever is gotten by conquest—receiving of more confederates or plantations into the combination with any of these confederates, and all things of like nature which are the proper concomitants or consequents of such a confederation, for amity, offence and defence, not intermeddling with the government of any of the jurisdictions, which by the 3d article is preserved entirely to themselves. But if those 8 commissioners when they meet, shall not agree, yet it is concluded that any six of the eight agreeing, shall have power to settle and determine the business in question; but if six do not agree, that then such propositions, with their reasons, so far as they have been debated, be sent and referred to the four general courts, viz. the Massachusetts, Plimouth, Connecticut and New-Haven: and if at all the said general courts the business so referred be concluded, then to be prosecuted by the confederation and all their members.

It is further agreed that those eight commissioners shall meet once every year (besides extraordinary meetings according to the 5th article) to consider, treat, and conclude of all affairs belonging to this confederation, which meeting shall ever be the first Thursday in 7ber. and that the next meeting after the date of these presents (which shall be accounted the 2d meeting) shall be at Boston in the Massachusetts—the 3d at Hartford—the 4th at New-Haven—the 5th at Plimouth, and so in course successively, if in the mean time some middle place be not found out and agreed upon, which may be commodious for all the jurisdictions.

7. It is further agreed, that at each meeting of these eight commissioners, whether ordinary or ex…raordinary, they all, or any six of them agreeing as before, may choose their president out of themselves, whose office and work shall be to take care and direct for order and a comely carrying on of all proceedings in their present meeting, but he shall be invested with no such power or respect, as by which he shall hinder the propounding or progress of any business, or any way cast the scales otherwise than in the proceeding articles is agreed.

8. It is also agreed that the commissioners for this confederation hereafter at their meeting, whether ordinary or extraordinary, as they may have commission or opportunity, do endeavour to frame and establish agreements and orders in general cases of a civil nature wherein all the plantations are interested for preserving peace amongst themselves, and preventing as much as may be, all occasions of war or differences with others, as about free and speedy passage of justice in each jurisdiction to all the confederates equally, as to their own receiving those that remove from one plantation to another without due certificates—how all the jurisdictions may carry it towards the indians that they neither grow insolent nor be injured without due satisfaction, lest war break in upon the confederates through miscarriages. It is also agreed that if any servant run away from his master into any of these confederate jurisdictions, that in such case, upon certificate of one magistrate in the jurisdiction out of which the said servant fled, or upon other due proof, the said servant shall be delivered either to his master or any other that pursues and brings such certificate or proof: And that upon the escape of any prisoner or fugitive for any criminal cause, whether breaking prison or getting from the officer, or otherwise escaping, upon the certificate of two magistrates of the jurisdiction out of which the escape is made, that he was a prisoner or such an offender at the time of the escape, the magistrate, or some of them of the jurisdiction where for the present the said prisoner or fugitive abideth, shall forthwith grant such a warrant as the case will bear, for the apprehending of any such person and the delivery of him into the hand of the officer or other person who pursueth him; and if there be help required for the safe returning of any such offender, then it shall be granted unto him that craves the same, he paying the charges thereof.

9. And for that the justest wars may be of dangerous consequence▪ especially to the smaller plantations in these united colonies, it is agreed, that neither the Massachusetts, Plimouth, Connecticut nor New-Haven, nor any of the members of any of them, shall at any time hereafter begin, undertake, or engage themselves or this confederation, or any part thereof in any war whatsoever (sudden exigencies with the necessary consequences thereof excepted, which are also to be moderated as much as the case will permit) without the consent and agreement of the aforenamed eight commissi…rs, or at least six of them, as in the 6th article is provided; and that no charge be required of any of the confederates, in case of a defensive war 'till the said commissioners have met and approved the justice of the war, and have agreed upon the sum of money to be levied, which sum is then to be paid by the several confederates in proportion according to the …th article.

10. That in extraordinary occasions, when meetings are summoned by three magistrates of any jurisdiction, or two, as in the 5th article, if any of the commissioners come not, due warning being given or sent, it is agreed that four of the commissioners shall have power to direct a war which cannot be detained, and to send for due proportions of men out of each jurisdiction, as well as six might … if all met; but not less than six shall determine the justice of the w…r, or allow the demands or bills of charges, or cause any levies to be made for the same.

11. It is further agreed that if any of the confederates shall hereafter break any of these present articles, or be otherway injurious to any one of the other jurisdictions, such breach of agreement or injury shall be duly considered and ordered by the commissioners for the other jurisdictions, that both peace, and this present confederation may be entirely preserved without violation.

12. Lastly, this perpetual confederation, and the several articles and agreements thereof being read and seriously considered both by the general court for the Massachusetts and the commissioners for the other three, were subscribed presently by the commissioners all save those of Plimouth, who, for want of sufficient commission from their general court, deferred their subscription 'till the next meeting, and then they subscribed also, and were to be allowed by the general courts of the several jurisdictions, which accordingly was done, and certified at the next meeting held at Boston (7) 7. 1643.

Boston, (3) 29. 1643.

(4) 12.Mr. La Tour arrived here in a ship of 140 tons and 140 persons. The ship came from Rochelle, the master and his company were protestants: there were two friars and two women sent to wait upon La Tour his lady. They came in with a fair wind without any notice taken of them. They took a pilot out of one of our boats at sea, and left one of their men in his place. Capt. Gibbons' wife and children passed by the ship as they were going to their farm, but being discovered to La Tour by one of his gentlemen who knew him, La Tour manned out a shallop which he towed after him to go speak with her. She seeing such a company of strangers making towards her, hastened to g…t from them, and landed at the Governor's garden. La Tour landed presently after her, and there found the Governor and his wife, and two of his sons, and his son's wife, and after mutual salutations he told the Governor the cause of his coming, viz. that this ship being sent him out of France, D'Aulnay his old enemy had so blocked up the river to his fort at St. John's with two ships and a galliot, as his ship could not get in, whereupon he stole by in the night in his shallop, and was come to crave aid to convey him into his fort. The Governor answered that he could say nothing to it 'till he had conferred with other of the m…gistrates: so after supper he went with him to Boston in La Tour's boat, having sent his own boat to Boston to carry home Mrs. Gibbons. Divers boats having passed by him, had given notice hereof to Boston and …harlestown, his ship also arriving before Boston, the towns betook them to their arms, and three shallops with armed men came forth to meet the Governor and to guard him home. But here the Lord gave us occasion to take notice of our weakness &c. for if La Tour had been ill minded towards us, he had such an opportunity as we hope neither he nor any other shall ever have the like again; for coming by our castle and saluting it, there was none to answer him, for the last court had given order to have the castle island deserted, a great part of the work being fallen down &c. so as he might have taken all the ordonance there, then, having the Governor and his family, and Capt. Gibbons' wife &c. in his power, he might have gone and spoiled Boston, and having so many men ready, they might have taken two ships in the harbour land gone away without danger or resistance, but his neglecting this opportun…ty, gave us assurance of his true meaning, so being landed at Boston, the Governor with a sufficient guard, brought him to his lodging at Capt. Gibbons'. This gave further assurance that he intended us no evil, because he voluntarily put his person in our power. The next day the Governor called together such of the magistrates as were at hand, and some of the deputies, and propounding the cause to them, and La Tour being present and the captain of his ship &c. he shewed his commission which was fairly engrossed in parchment under the hand and seal of the Vice Admiral of France, and grand prior &c. to bring supply to La Tour, whom he stiled his majesty's lieut. general of L'Acadye, and also a letter from the agent of the company of France to whom he hath reference, informing him of the injurious practices of D'Aulnay against him, and advising him to look to himself &c▪ and superscribed him as Lieut. General &c. Upon this it appeared to us (that being dated in April last) that notwithstanding the news which D'Aulnay had sent to our Governor, the last year, whereby La Tour was proclaimed a rebel &c. yet he stood in good terms with the state of France, and also with the company. Whereupon, tho' we could not grant him aid without advice of the other commissioners of our confederacy, yet we thought it not fit nor just to hinder any that would be willing to be hired to aid him, and accordingly we answered him that we would allow him a free mercature, that he might hire any ships which lay in our harbour &c. This answer he was well sati…fied with and took very thankfully; he also desired leave to land his men that they might refresh themselves▪ which was granted him, so they landed in small companies that our women &c. might not be affrighted by them. This direction was duly observed. But the training day at Boston falling out the next week, and La Tour having requested that he might be permitted to exercise his soldiers on shore, we expected him th…t day, so he landed 40 men in their arms (they were all shot) they were brought into the field by our train band consisting of 150,6143. and in the forenoon they only beheld our men exercise. Whe… …hey had dined (La Tour & his officers with our officers, & his soldiers invited home by the private soldiers) in the afternoon they were permitted to exercise (our Governor and other of the magistrates coming then into the field) and all ours stood and beheld them. They were very expert in all their postures and motions. When it was near night La Tour desired our Governor that his men might have leave to depart, which being granted, his captain acquainted our captain therewith, so he drew our men into a march and the French fell into the middle—when they were to depart they gave a volley of shot and went to their boat, the French shewing much admiration to see so many men of one town so well armed and disciplined, La Tour professing he could not have believed it if he had not seen it. Our Governor and others in the town entertained La Tour and his gentlemen with much courtesy both in their houses and at table. La Tour came duly to our church meetings, and always accompanied the Governor to and from thence, who all the time of his abode here was attended with a good guard of halberds and musketteers. Those who engrossed the ships understanding his distress and the justice of his cause and the magistrates permission, were willing to be entertained by him. But the rumour of these things soon spreading thro' the country, were diversly apprehended, not only by the common sort, but also by the elders, whereof some in their sermons spoke against their entertainment, and the aid permitted them; others spake in the justification of both. One a judicious minister, hearing that leave was granted them to exercise their men in Boston, out of his fear of popish leagues and care of our safety, spake as in way of prediction, that before that day were ended, store of blood would be spilled in Boston. Divers also wrote to the Governor laying before him great dangers; others charging sin upon the conscience in all these proceedings, so as he was forced to write and publish the true state of the cause and the reasons of all their proceedings, which satisfied many, but not all. Also the masters and others who were to go in the ships, desired advice about their proceedings &c.—whereupon the Governor appointed another meeting to which all the new magistrates and d…puties and the elders also were called, and there the matter was debated upon these heads.

1.1643. Whether it were lawful for christians to aid idolaters, and how far we may hold communion with them?

2. Whether it were safe for our state to suffer him to have aid from us against D'Aulnay?

To the 1st question the arguments on the negative part were these. 1. Jehosh: is reproved for the like, wouldst thou help the wicked?—The answer to this was, first— This must be moant only in such case as that was, not simply according to the words of that one sentence taken apart from the rest, for otherwise it would be unlawful to help any wicked man tho' a professed protestant, and tho' our own countryman, father, brother &c. and that in any case tho' ready to be drowned, slain, famished &c. 2. Jehosh: aided him in a brotherly league of amity and affinity—I am as thou art—my people as thy people &c. 3. Ah…b was declared a wicked man by God, and denounced to destruction. 3. Ahab was in no distress, and so …. 2. argument. Jehosh: joining after with … ships▪ is reproved &c. Answer. … between helping a man in distress, which is … imposed, and joining in a course of merchandize where the action is voluntary; and it appears by this their joining, that the league of amity continued between the two kingdoms. 3. argument. Josias did evil in aiding the king of Babylon against Pharaoh Necho. Ans. 1. The king of Babylon was in no distress, nor did desire his help, nor is it said he intended his aid. 2. Josias no doubt did not break any known general rule, being so strict an observer of all God's commandments; for it was not unlawful for him to stop Pharaoh's army from going thro' his country, but his sin was, that either he did not believe the message of God by Pharaoh in that particular case, or did not inquire further about it from his own prophets, and so it is expressed in that story, 4. argument. Amaziah king of Judah is reproved for hiring an army out of Israel because God was near with Israel. Ans. This is not to the question, which is of giving aid, and not of hiring aid from others, nor was Amaziah in any distress, but only sought to enlarge his dominion. 5. argument. By aiding papists we advance and strengthen popery. Ans. 1. We are not to omit things necessary and lawful for a doubtful ill consequence, which is but accidental. 2. Such aid may as well work to the weakening of popery by winning some of them to the love of the truth, as hath sometimes fallen out, and sometimes by strengthning one part of them against another, they may both be the more weakened in the end.

For the 2d question, whether it be safe &c. the arguguments on the negative part were these. 1. Papists are not to be trusted seeing it is one of their tenets that they are not to keep promise with heretics. Ans. In this case we rely not upon their faith but their interest, it being for their advantage to hold in with us, we may safely trust them; besides we shall not need to h…zard ourselves upon their fidelity, having sufficient strength to secure ourselves. 2. argument. We may provoke the state of France against us, or at least D'Aulnay, and so be brought into another war. Ans. It appears by the commission and letter before mentioned, that La Tour stands in good terms with the state of France and the company &c. It is usual in all states in Europe to suffer aid to be …ired against their confederates without any breach of the peace, as by the states of Holland against the Spaniards. and by both out of England, without any breach of the peace, or offence to either. As for D'Aulnay he hath carried himself so as we could look for no other but ill measures from him if he were able, tho' we should not permit La Tour to have help from us, for he hath taken Penobscoott from us with our goods to a great value. He made prize of our men and goods also at Isle S…ble, and kept our men as slaves a good space, but never made satisfaction for our goods; likewise he entertained our servants which ran from us, and refuseth to return them being demanded: he also furnisheth the indians about us with guns and powder; and lastly, he wrote last year to our Governor forbidding our vessels to pass beyond his fort in the open sea, and threatening to make prize of he should meet &c. and if the worst should happen that can be feared, yet if our way be lawful, and we innocent from wrong &c. we may and must trust God with our safety so long as we serve his providence in the use of such means as he affords us. 3. argument. Solomon tells us that he that meddleth with a strife which belongs not to him takes a dog by the ear, which is very dangerous. Ans. This is a strife which doth belong to us both in respect of La Tour seeking aid of us in his distress, and also in respect it so much concerns us to have D'Aulnay subdued or weakened: and it were not wisdom in us to stop the course of providence which offers to do that for us without our charge, which we are like otherwise to be forced to undertake at our own charge. 4. It is not safe to permit this aid to go from us, especially without advice of the general court, lest it should miscarry, and so prove a dishonor and weakening to us. Ans. 1. For the General Court, it could not have been assembled under fourteen days, and such delay, besides the necessary charge it would have put La Tour unto and ourselves also by the strong watches we are forced to keep, it might have lost the opportunity of relieving him, or it might have put him upon some dangerous design of surprising our ships &c. Besides, if the court had been assembled, we knew they would not have given him aid without consent of the commissioners of the other colonies, and for a bare permission, we might do it without the court; and to have deferred this needlessly had been against that rule—Say not as thy neighbours go and come again, and tomorrow I will give thee, when there is power in their hands to do it. As for the danger of miscarriage, it is not so much as in other our voyages to Spain or England or &c. and if the rule be safe that we walk by, the success cannot alter it. 5. We hear only one party, we should as well hear the other, otherwise we deal not judicially, and perhaps may aid a man in an unjust quarrel. Ans. 1. We heard formerly D'Aulnay's allegations against La Tour, and notwithstanding all that, La Tour his cause appears just; for they being both the subjects of the same prince, the ship coming by permission from their prince's authority, D'Aulnay ought to permit him to enter peaceably. 2. Our men that go will first offer parley with D'Aulnay, and if La Tour his cause be unjust, they are not to offend the others. 3. La Tour being now in desperate distress, he is first to be succoured before the cause be further inquired into according to the example of Abraham, who hearing of the distress of his kinsman Lot, staid not 'till he might send to Chedorlaomer to have his answer about the justice of his cause, ye there was strong presumption that his cause was just, and that Lot and all the rest were lawful prisoners, for they had been twelve years his subjects and were in rebellion at this time, but he stays not to inquire out the cause, the distress not permitting it, but goes personally to rescue them: As put case—An englishman or spaniard should be driven into our …arbour by a pirate, and should … and inform us so, and desire us to let him have aid to convey him safe to sea might we not lawfully send out aid with him before we … sent to the pirate to understand the cause; it would be time enough to demand that when our aid came up with him. So if our neighbouring indians should send to us to desire aid against some other indians who were coming to destroy them, should we first send to the other indians to inquire the justice of the cause? no, but we should first send to save them, and after examine the cause.

The arguments on the affirmative part are many of them touched in the former answers to the arguments on the other part—the rest are these. 1. By the law thou shalt love thy neighbour as thyself. If our neighbour be in distress we ought to help him without any respect to religion or other quality, but an idolator in distress is our neighbour, as appears by that parable, Luke 10. where it is plainly concluded that the Samaritan was neighbour to the distressed traveller, and our Saviour bids the lawyer, being a jew, to do likewise, that is, even to a Samaritan if in distress, and by the law of relations the distressed jew was neighbour to the Samaritan, and the Samaritan in distress should have been so to him, th… as opposite in religion as protestants and papists. If such an one be not our neighbour, then we have no relation to him by any command of the 2d table, for that requires us to love our neighbour only▪ and then we may deceive, beat, and otherwise damnify him and not sin, &c. …d. argument out of Gal. 6.10. Do good to all, but specially to the houshold of faith, by which it appears that under all, he includes such as were not believers, and those were heathen idolaters, and if we must do good to such, we must help them in distress. 3. We are exhorted to be like our Heavenly Father in doing good to the just and unjust, that is to all, as occasion is offered, even such as he causeth the sun to shine upon, and the rain to fall upon, tho' excommunicated persons, blasphemers and persecutors, yet if they be in distress, we are to do them good, and therefore to relieve them. 4. We may hold some kind of communion with idolaters, as …. We may have peace with them— 2. commerce. Ezek. 27.…7. speaking of Tyrus who were idolaters, he sayeth, Judah were thy merchants in wheat &c. and the Jew… were not forbidden to trade with the heathen in Nehemiah's time so it were not on the sabba…h. 3. In eating and drinking and such like familiar converse, 1 Cor. 10. if an heathen invite a christian to his table he might go &c. and so he might as well invite such to his table, as Solomon did the queen of Sheba and the embassadors of other princes round about him, who would not have resorted to him as they did if he had not entertained them courteously, and he both received presents and gave presents to the queen of Sheba, and others who were then idolaters— and Neh. 5.17. he sayeth, that with the Jews there were also at his table usually such of the heathen as came to him: so that it was not then (nor indeed at all by the law) unlawful for the Jews to eat with heathen, tho' the Pharisees made it unlawful by their tradition. The 4th and last kind of communion is succour in distress.

To the 2d question the arguments on the affirmative part were these, with others expressed before in the answers. 1. D'Aulnay is a dangerous neighbour to us if he have none to oppose him or to keep him employed at home, he will certainly be dealing with us, but if La Tour be not now helpen▪ he is undone, his fort with his wife, children and servants will all be taken, he hath no place to go unto—this ship cannot carry back him and all his company to France, but will leave them on shore here, and how safe it will be for us to keep them, is doubtful, but to let them go will be more dangerous, for they must then go to D'Aulnay, and that will strengthen him greatly both by their number, and still also by their present knowledge of our state and place, which, in regard of our own safety, lays a necessity upon us of aiding La Tour, and aiding him so as he may subsist, and be able to make good his place against his enemy. 2. La Tour being in urgent distress, and therefore as our neighbour to be releived; if it be well done of us, we may trust in God, and not be afraid of any terror, 1 Peter 3.6. 3. It will be no wisdom for D'Aulnay to begin with us, for he knows how much stronger we are than he in men and shipping, and some experience we have had hereof, in that when our friends of Plimouth hired a ship in our harbour and therewith went and battered his house at Penobscott, yet he took no occasion thereby against us, nor ever attempted any thing agai…st them, tho' their trading house at Kennebeck be an hindrance to him, and easy for him to take at his pleasure.

There were other instances brought to the lawfulness both in Joshua his aiding the Gibeonites who were Cananites and had deluded him, and he might hereupon have left them to be spoiled by their neighbours. So when Jehosh▪ aided Jehorim against Mo…b (for he had put away Baal) Elisha speaks honorably to him and doth not reprove him but for his presence sake saves their house by miracle &c.

The like rumors and fears were raised upon our first expedition against the Pequods, 1636. The Governor of Plimouth wrote to Mr. Winthrop the deputy Governor, in dislike of our attempt, and in apprehension of the great danger we had incurred that we had provoked the Pequods, and no more, and had thereby occasioned a war &c. But we found thro' the Lord's special mercy, that that provocation and war proved a blessing to all the english. Our brethren of Connecticut wrote also to us declaring their fears, and the danger we had cast them into by warring upon the Pequods &c. and indeed we committed an error in that we did not first give them notice of our intention, that they might take the more care of their own safety, but they could not be ignorant of our preparations.

The Governor by letters informed the rest of the commissioners of the united colonies of what had passed about La Tour—but the reason why he did not defer him at first for his answer 'till some more of the magistrates and deputies might have been assembled, and the elders likewise consulted with, was this. Conceiving that he stood still under the same sentence of the arrest from the state of France, there would have been no need of advice in the case, for we must have given him the same answer we gave his lieutenant the last year and upon the same ground, viz, That however he might trade here for such commodities as he stood in need of, yet he could expect no aid from us, for it would not be fit nor safe for us to do that which might justly provoke the state of France against us—but being met, and seeing the commission from the vice admiral &c.—that occasion of danger being removed, we doubted not but we might safely give him such answer as we did, without further trouble to the country or delay to him—See more of this leaves after.

The sow business not being yet digested in the country, many of the elders being yet unsatisfied, and the more by reason of a new case stated by some of the plaintiff's side and delivered to the elders, wherein they dealt very particularly, for they drew out all the evidence which made for the plaintiff, and thereupon framed their conclusion without mentioning any of the defendent's evidence. This being delivered to the elders, and by them imparted to some of the other side, an answer was presently drawn which occasioned the elders to take a view of all the evidence on both parties, and a meeting being procured both of magistrates and elders (near all in the jurisdiction) and some of the deputies, the elders there declared, that notwithstanding their former opinions, yet upon examination of all the testimonies, they found much contrariety and crossing of testimonies as they did not see any ground for the court to proceed to judment in the case, and therefore earnestly desired that the court might never be more troubled with it. To this all consented except who still maintained his former opinion, and would have the magistrates lay down their negative voice, and so the cause to be heard again. This stiffness of his, and singularity in opinion was very unpleasing to all the company, but they went on notwithstanding, and because a principal end of the meeting was to reconcile differences and take away offences which were risen between some of the magistrates by occasion of this sow business and the treatise of Mr. Saltonstall against the council, so as Mr. Bellingham and he stood divided from the rest, which occasioned much opposition even in open court, and much partaking in the country, but by the wisdom and faithfulness of the elders Mr. Saltonstall was brought to see his failings in that treatise, which he did ingeniously acknowledge and bewail, and so he was reconciled with the rest of the magistrates. They laboured also to make a perfect reconciliation between the Governor and Mr. Bellingham. The Governor offered himself ready to it, but the other was not forward, whereby it rested in a manner as it was. Mr. Dudley also had let fall a speech in the court to Mr. Rogers of Ipswich, which was grievous to him and other of the elders. The thing was this, Mr. Rogers being earnest in a cause between the town and Mr. Bradstreet, which also concerned his own interest, Mr. Dudley used this speech to him— Do you think to come with your eldership here to carry matters &c. Mr. Dudley was somewhat hard at first to be brought to see any evil in it, but at last he was convinced and did acknowledge it, and they were reconciled.

The deputies also who were present at this meeting and had voted for the plaintiff in the case of the sow, seemed now to be satisfied, and the elders agreed to deal with the deputies of their several towns, to the end that that cause might never trouble the court more. But all this notwithstanding, the plaintiff (or rather one G. Story his solicitor) being of an unsatisfied spirit, and animated, or at least, too much countenanced by some of the court, preferred a petition at the court of elections, for a new hearing, and this being referred to the committee for petitions, it was returned that the greater part of them did conceive the cause should be heard again, and some others in the court declared themselves of the same judgment, which caused others to be much grieved to see such a spirit in godly men, that neither the judgment of near all the magistrates, nor the concurrence of the elders and their mediation, nor the loss of time and charge, nor the settling of peace in court and country could prevail with to let such a cause fall (as in ordinary course of justice it ought) as nothing could be found in, by any one testimony, to be of criminal nature, nor could the matter of the suit, wi… all damages, have amounted to forty shillings: But … things appeared to carry men on in this course as it were in captivity. One was, the deputies stood only upon this—that their towns were not satisfied in the cause (which by the way shews plainly the democratical spirit which actuates our deputies &c.) The other was, the desire of the name of victory; whereas on the other side the magistrates &c. were content for peace sake, and upon the elders advice, to decline that advantage, and to let the cause fall for want of advice to sway it either way. Now … which made the people so unsatisfied and unwilling … use should rest as it stood, was the £20 which the …e…endent had recovered against the plaintiff in an action of slander; for saying he had stolen the sow &c. and many of them could not distinguish this from the principal cause, as if she had been adjudged to pay £20 for demanding her sow, and yet the defendent never took of this more than £3 for his charges of witnesses &c. and offered to remit the whole if she would have acknowledged the wong she had done him; but he being accounted a rich man, and she a poor woman, this so wrought with the people, as being blinded with unreasonable compassion, they could not see, or not allow justice her reasonable course. This being found out by some of the court, a motion was made that some who had interest in the defendent would undertake to persuade him to restore the plaintiff the £3 (or whatever it were) he took upon that judgdment, and likewise to refer other matters to reference which were between the said Story and him. This the court were satisfied with,6143. and proceeded no further. There was yet one offence which the elders desired might also be removed, and for that end some of them moved the Governor in it, and he easily consented to them so far as they had convinced him of his failing therein. The matter was this. The Governor had published a writing about the case of the sow as is here before declared, wherein some passages gave offence, which he being willing to remove, so soon as he came into the general court he spake as followeth, (his speech is set down verbatim to prevent misrepresentation, as if he had retracted what he had wrote in the point of the case) I understand divers have taken offence at a writing I set forth about the sow business; I desire to remove it, and to begin my year in a reconciled estate with all. The writing is of two parts, the matter and the manner. In the former I had the concurrence of others of my brethren both magistrates and deputies; but for the other▪ viz. the manner, that was wholly mine own, so as whatsoever was blame worthy in it I must take it to myself. The matter is point of judgment which is not at my own disposing. I have examined it over and again by such light as God hath afforded me from the rules of religion, reason, and common-practice, and truly I can find no ground to retract any thing in that, therefore I desire I may enjoy my liberty herein, as every of yourselves do, and justly may. But for the manner, whatsoever I might alledge for my justification before men, I now pass it over—I now set myself before another judgment seat. I will first speak to the manner in general, and then to two particulars. For the general. Howsoever that which I wrote was upon great provocation by some of the adverse party, and upon invitation from others to vindicate ourselves from that aspersion which was cast upon us, yet that was no sufficient warrant for me to break out into any distemper. I confess I was too prodigal of my bretrhen's reputation, I might have obtained the cause I had in hand without casting such blemish upon others as I did. For the particulars. 1. For the conclusion, viz. now let religion and found reason give judgment in the case; whereby I might seem to conclude the other side to be void both of religion and reason. It is true a man may (as the case may be) appeal to the judgment of religion and reason, but a…, I there carried it, I did arrogate too much to … and ascribe too little to others▪ 1643.The other particular was the profession I made of maintaining what I wrote before all the world, which, tho' it may modestly he prof…ssed (as the case may requi…e) yet I confess it was now not so bes…eming me, but was indeed a fruit of the pride of mine own spirit. These are all the Lord hath brought me to consider of, wherein I acknowledge my failings, and humbly intreat you will pardon and pass them by; if you please to accept my request, your silence shall be a sufficient testimony thereof unto me, and I hope I shall be more wise and watchful hereafter.

The sow business had started another question about the magistrates negative vote in the general court; the deputies generally were very earnest to have it taken away; whereupon one of the magistrates wrote a small treatise, wherein he laid down the original of it from the patent, and the establishing of it by order of the general court in 1634. shewing thereby how it was fundamental to our government, which if it were taken away, would be a mere democracy. He shewed also the necessity and usefulness of it by many arguments from scripture, reason, and common practice &c. Yet this would not satisfy, but the deputies and common people would have it taken away, and yet it was apparent (as some of the deputies themselves confessed) the …ost did not understand it. An answer also was written (by one of the magistrates as was conceived) to the said treatise, undertaking to avoid all the arguments both from the patent and from the order &c. This the deputies made great use of in this court, supposing they had now enough to carry the cause clearly with them, so as they pressed earnestly to have it presently determined, but the magistrates told them the matter was of great concernment even to the very frame of our government; it had been established upon serious consultation and consent of all the elders: it had been continued without any inconvenience or apparent mischief these 14 years, therefore it would not be safe nor of good report to alter on such a sudden, and without the advice of the elders; offering withal, that if upon such advice … consideration it should appear to be inconvenient, or no… …arranted by the patent and the said order &c. they should be ready to join with them in taking it away. Upon these propositions they were stilled, and so an order was drawn up to this effect—That it was desired that every member of the court would take advice &c. and that it should be no offence for any, either publickly or privately to declare their opinion in the case so it were modestly &c. and that the elders should be desired to give their advice before the next meeting of this court. It was the magistrate… only care to gain time, that so the people's heat might be abated, for then they knew they would hear reason, and that the advice of the elders might be interposed▪ and that there might be liberty to reply to the answer, which was very long and tedious, which accordingly was done soon after the court, and published to good satisfaction. One of the elders also wrote a small treatise, wherein scholastically and religiously he handled the question, laying down the several forms of government both simple and mixt, and the true form of our government, and the unavoidable change into a democracy, if the neg. voice were taken away; and answered all objections, and so concluded for the continuance of it, so as the deputies and the people also, having their heat moderated by time, and their judgments better informed by what they had learned about it, let the cause fall, and he who had written the answer to the first defence, appeared no further in it.

Our supplies from England failing much, men began to look about them, and sell to a manufacture of cotton, whereof we had store from Barbadoes, and of hemp and flax, wherein Rowly, to their great commendation, exceeded all other towns.

The Governor acquainted the court with a letter▪ he received from Mr, Wheelwright to intreat the favor of the court that he might have leave to come into the Bay upon especial occasions, which was readily granted him for 14 days, whereupon he came and spake with divers of the elders, and gave them such satisfaction as they intended to intercede with the court for the release of his banishment. See more (3) 44.

Sacononoco and Punham two sachems near Providence, having under them between 2 and 300 men, finding themselves over…rn by Miantonomoh the sachem of Naragansett, and Gorton and his company, who had so prevailed with Miant: as he forced one of them to join with him in setting his hand or mark to a writing whereby a part of his land was sold to Gorton and his company, for which Miant▪ received a price, but the other would not receive that which was for his part, alledging that he did not intend to sell his land, tho' thro' fear of Miant: he had put his mark to the writing. They c…m… to our Governor, and by Benjamin Arnold their interpreter, did desire we would receive them under our government, and brought withal a small present of wampom, about ten fathom. The Governor gave them encouragement, but referred them to the court, and received their present, intending to return it them again if the court should not accord to them, but at the present he acquainted another of the magistrates with it, so it was agreed, and they wrote to Gorton and his company to let them know what the sachems had complained of, and how they had tender'd themselves to come under our jurisdiction, and therefore if they had any thing to alledge against it they should come or send to our next court. We sent also to Miant: to signify the same to him whereupon in the beginning of the court Miant: came to Boston, and being demanded in open court before divers of his own men and Cutshamakin and other indians, whether he had any interest in the said two sachems as his subjects, he could prove none. Cutshamakin also in his presence affirmed that he had no interest in them, but they were as free sachems as himself: only because he was a great sachem, they had sometime sent him presents▪ and aided him in his war against the Pequots: and Ben. Arnold affirmed partly upon his own knowledge, and partly upon the relation of divers indians of those parts, that the indians belonging to these sachems did usually pay their deer skins (which are a tribute belonging to the chief sachem) always to them, and never to Miantonomoh o… any other sachem of Naragans…tt, which Miant: could not contradict, whereupon it was referred to the Governor and some other of the magistrates and deputies to send for the two sachems after the court, and to treat with them about their receiving in to us. But before this, Gorton and his company (12 in number) sent a writing to our court of four sheets of paper, full of reproaches against our magistrates, elders and churches, of familistical and absurd opinions, and therein they justified their purchase of the sachems land, and professed to maintain it to the death. They sent us word also after (as Ben. Arnold reported to us) that if we sent men against them they were ready to meet us, being assured of victory from God &c.—Whereupon the court sent two of the deputies to speak with them to see whether they would own that writing which was subscribed by them all. When they came, they with much difficulty came to find out Gor…on and two or three more of them, and upon conference they did own and justify the said writing. They spake also with the two sachems, as they had commission, and giving them to understand upon what terms they must be received under us▪ they found them very pliable to all, and opening to them the ten commandments▪ they received this answer, which I have set down as the commissioners took it in writing from their mou…hs.

1. Ques. Whether they would worship the true God that made heaven and earth, and not blas…heme him? Ans. We desire to speak reverently of englishman's God and not to speak evil of him because we see the englishman's God doth better for them than other Gods do for others.

2. That they should not swear falsly. Ans. We never knew what swearing or an oath was.

3. Not to do any unnecessary work on the Lord's day within the gates of towns. Ans. It is a small thing for us to rest on that d…y, for we have not much to do any day, and therefore we will fo…bear on that day.

4. To honor their parents and superiors. Ans. It is our custom so to do, for inferiors to be subject to superiors, for if we complain to the Governor of the Massachusetts that we have wrong, if th…y tell us we lie, we shall willingly bear it.

5. Not to kill any man but upon just cause and just authority. Ans. It is good, and we desire so to do.

6.7. Not to commit, fornication, adultery, bestiality &c. Ans. Though fornication and adultery be committe… among us, yet we allow it not, but judge it evil, so the same we judge of stealing.

8. For lying, they say it is an evil, and shall not allow it.

9, Whether you will suffer your chidren to read God's word that they may have knowledge of the true God and to worship him in his own way? Ans. As opportunity serveth by the english coming amongst us we desire to learn their manners.

After the court the Governor &c. sent for them, and they came to Boston at the day appointed, viz. the 22d of the 4th month, and a form of submission being drawn up, and they being by Ben. Arnold their neighbour and interpreter (who spake their language readily) made to understand every particular, in the presence of divers of the elders and many others, they freely subscribed the submission as it here followeth verbatim. Being told that we did not receive them in as confederats but as subjects, they answered▪ that they were so little in respect of us, as they could expect no other, so they dined in the same room with the Governor, but at a table by themselves; and having much countenance shewed them by all present, and being t…ld that they and …heir men should be always welcome to the english, provided they brought a note from Ben, A…nold, that we might know them from other indians, and having some small things bestowed upon them by the Governor, they departed joyful and well satisfied. We looked at it as a fruit of our prayers, and the first fruit of our hopes that the example would bring in others, and that the Lo…d was by this means making a way to bring them to civility, and so to conversion to the knowledge and embracing of the gospel in his due time.

Soon after their departure we took order that Miantonomoh and the english in those parts should have notice of their submission to us, that they might refrain from doing them injury.