The history of the colony of Massachusets-Bay, from the first settlement thereof in 1628. until its incorporation with the colony of Plimouth, province of Main, &c. by the Charter of King William and Queen Mary, in 1691. : [One line in Latin from Pliny] / By Mr. Hutchinson, lieutenant-governor of the Massachusets province.

About this Item

Title
The history of the colony of Massachusets-Bay, from the first settlement thereof in 1628. until its incorporation with the colony of Plimouth, province of Main, &c. by the Charter of King William and Queen Mary, in 1691. : [One line in Latin from Pliny] / By Mr. Hutchinson, lieutenant-governor of the Massachusets province.
Author
Hutchinson, Thomas, 1711-1780.
Publication
Boston, New-England: :: Printed by Thomas & John Fleet, at the Heart and Crown in Cornhill,,
MDCCLXIV. [1764]
Rights/Permissions

To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.

Subject terms
Massachusetts -- History -- Colonial period, ca. 1600-1775.
Link to this Item
http://name.umdl.umich.edu/N07602.0001.001
Cite this Item
"The history of the colony of Massachusets-Bay, from the first settlement thereof in 1628. until its incorporation with the colony of Plimouth, province of Main, &c. by the Charter of King William and Queen Mary, in 1691. : [One line in Latin from Pliny] / By Mr. Hutchinson, lieutenant-governor of the Massachusets province." In the digital collection Evans Early American Imprint Collection. https://name.umdl.umich.edu/N07602.0001.001. University of Michigan Library Digital Collections. Accessed May 31, 2025.

Pages

Page 209

CHAP. II. Historical Occurrences from the Restoration of King Charles the Second to the year 1686, when the Charter was vacated.

SINCE the year 1640 the people had been without any apprehensions of danger to their religious or civil privileges. They prudently acknowledged subjection to the parliament and afterwards to Cromwell, so far as was necessary to keep upon terms and avoid excep|tion, and no farther. The addresses to the parliament and Cromwell shew this to have been the case. After Cromwell's death, during the frequent changes in the supreme autho|rity in England, they seem to have taken part with none, but to have waited until some settlement was made which should have a prospect of stability.* 1.1 I have no where met with any marks of disrespect to the memory of the late King, and there is no room to suppose they were under disaffection to his son, and if they feared his restoration it was because they expected a change in religion, and that a persecution of all non-conformists would follow it.* 1.2 At

Page 210

the election in May, they could have received no intelli|gence from England to enable them to make any certain judgment of affairs. Mr. Endicot was then chosen gover|nor and Mr. Bellingham deputy governor, both of them as fixed in their principles as any of their brethren. The business of this session of the general court went over and nothing passed relative to affairs in England. On the 27th of July Capt. Peirce, a noted shipmaster in the trade be|tween England and the colony, arrived and brought the news of the King's being proclaimed. If they received at the same time the King's declaration from Breda and de|pended that a royal promise would be, as it always ought to be, religiously complied with, they need not have been under great concern about their public affairs either in church or state. No advices were received from autho|rity, and the King was not proclaimed in the colony▪* 1.3 nor was any alteration made in the forms of their public acts and proceedings. There was a session of the general court in October and a motion was made for an address to the King, but it did not succeed. Mr. Norton, one of the ministers of Boston, was very earnest for it, but rumors came by the way of Barbados, that the government in England was in a very unsettled state, the body of the people dissatisfied, that the Scotch had demanded Monk to be delivered up to them, that Lord Fairfax was at the head of a great army, &c. and they had seen so many changes in the course of a few months that they thought it was not very certain that an address to the King would not fall into the hands of a committee of safety, council of state, or a junto with some other title. On the 30th of November a ship arrived from Bristol, which brought advices of the proceedings of parliamen, and that all matters were fully settled. They were also informed by letters from Mr. Leveret their agent and others, that

Page 211

petitions and complaints were preferred against the colony to the King in council, and to the parliament (a citation being posted upon the exchange in London) by Mason, Gorges and others. The governor and assistants met forthwith, called the general court to convene the 19th of December, a very loyal address to the King was presently agreed upon, and another to the two houses of parliament. Letters were sent by Sir Thomas Temple who was a con|stant friend to the colony, to Lord Manchester, Lord Say and Seal, and other persons of note, to pray them to inter|cede in behalf of the colony. A most gracious answer was given to the address, by the King's letter dated Feb. 15. 1660, which was the first public act or order concerning them after the restoration, except a few lines the 23d of January before from secretary Morice, to inclose an order for the apprehending two of the late King's judges, both letters its probable by the same ship, which arrived in May following.

BEFORE the receipt of this letter, the governor and council March 18th took public notice of a book pub|lished by Mr. Eliot not long before, intitled The Christian Commonwealth, &c. which they declare they find on pe|rusal full of seditious principles and notions in relation to all established governments in the christian world, especially against the government established in their native country. Upon consultation with the elders their censure was de|ferred until the general court met,

that Mr. Eliot might have the opportunity in the mean time of making a pub|lic recantation.

AT the next sessions in May Mr. Eliot gave into the court the following acknowledgment under his hand.

"UNDERSTANDING by an act of the honored council that there is offence taken at a book published in England by others, the copy whereof was sent over by myself about nine or ten years since, and that the further consideration thereof is commended to this honored general court now sitting at Boston. Upon perusal thereof I do judge my|self to have offended, and in way of satisfaction not only to the authority of this jurisdiction but also to any others

Page 212

that shall take notice thereof. I do hereby acknowledge to this honored court that such expressions as do too mani|festly scandalize the government of England by King, Lords, and Commons as antichristian, and justify the late innova|tors, I do sincerely bear testimony against, and acknowledge it to be not only a lawful but eminent form of government.

2d. ALL form of civil government deduced from scrip|ture I acknowledge to be of God, and to be subjected to for conscience sake.—And whatsoever is in the whole epistle or book inconsistent herewith, I do at once most cordially disown.

John Eliot."

THE books were ordered by the court to be called in and this acknowledgment to be posted up in the principal towns in the colony. When the times change, men gene|rally suffer their opinions to change with them, so far at least as is necessary to avoid danger. Between the reigns of Henry the seventh and James the first, how many times did the whole body of the clergy of England change or shift their opinions in matters of greater importance?

A day of public thanksgiving was appointed by authori|ty, to acknowledge the favor of heaven in inclining the King graciously to accept and answer the address made to him.

THEY were notwithstanding under no small degree of fear, least the revolution of government in England should produce as great a change in the form of their govern|ment, both in church and state. They were alarmed from all quarters. Reports were spread that Virginia and the islands were forbid trading with them, that three frigates would soon be sent from England, and that a general go|vernor over all the colonies was to come in one of them.* 2.1

Page 213

At the same sessions in May they passed the following vote.

FORASMUCH as the present condition of our affairs of the highest concernment, call for diligent and speedy use of the best means seriously to discuss and rightly to under|stand our liberty and duty, thereby to beget unity amongst ourselves, in the due observance of obedience and fidelity to the authority of England and our own just privileges. For the effecting whereof it is ordered that Mr. Simo Bradstreet, Mr. Samuel Symonds, Major-General Deniso, Mr. Danforth, Major William Hawthorn, Capt. Thom•••• Savage, Capt. Edward Johnson, Capt. Eleazer Lusher, Mr. Mather, Mr. Norton, Mr. Corbett, and Mr. Mitchell,* 2.2 be and hereby are a committee, immediately after the dissolutio or adjournment of the court, to meet together in Boston on second day next at 12 of the clock, to consider and debate such matter or thing of public concernment touching our patent, laws, privileges, and duty to his Majesty, as they in their wisdom shall judge most expedient, and draw up the result of their apprehensions, and present the same to the next session for consideration and approbation, that so (if the will of God be) we may speak and act the same thing becoming prudent, honest, conscientious and faithful men.
* 2.3

AN answer was drawn up and accepted by the court at a session specially appointed to receive the same.* 2.4

IN the ship which arrived from London the 27th of July there came passengers Col. Whaley and Col. Goffe, two of the late King's judges. Col. Goffe brought testimo|nials from Mr. John Rowe and Mr. Seth Wood, two mini|sters of a church in Westminster. Col. Whaley had been a member of Mr. Thomas Goodwin's church. Goffe kept a journal or diary from the day he left Westminster, May 4. until the year 1667▪ which together with several other papers belonging to him I have in my possession. Almost the whole is in characters or short hand, not very difficult to decypher. The story of these persons has never yet been published to the world. It has never been known

Page 214

in New-England. Their papers after their death were collected and have remained near an hundred years in a library in Boston. It must give some entertainment to the curious. They left London before the King was pro|claimed. It does not appear that they were among the most obnoxious of the judges, but as it was expected ven|geance would be taken of some of them, and a great many hd fled, they did not think it safe to remain. They did not attempt to conceal their persons or characters when they arrived at Boston, but immediately went to the gover|nor Mr. Endicot, who received them very courteously. They were visited by the principal persons of the town, and among others they take notice of Col. Crown's coming to see them. He was a noted royalist. Although they did not disguise themselves, yet they chose to reside at Cam|bridge, a village about four miles distant from the town, where they went the first day they arrived. They went publickly to meetings on the Lord's days, and to occasional lectures, fasts, and thanksgivings, and were admitted to the sacrament, and attended private meetings for devotion, vi|sited many of the principal towns, and were frequently at Boston, and once when insulted there the person in|sulting them was bound to his good behavior. They appeared grave, serious and devout, and the rank they had sustained commanded respect. Whaley had been one of Cromwell's Lieut. Generals and Goffe a Major-General. It is not strange that they should meet with this favorable reception, nor was this reception any con|tempt of the authority in England. They were known to have been two of the King's judges, but King Charles the second was not proclaimed when the ship that brought them left London. They had the news of it in the channel. The reports afterwards by way of Barbados were that all the judges would be pardoned but seven. The act of indemnity was not brought over until the last of November. When it appeared that they were not ex|cepted, some of the principal persons in the government were alarmed, pity and compassion prevailed with others.

Page 215

They had assurances from some that belonged to the general court that they would stand by them, but were advised by others to think of removing. The 22d of February the governor summoned a court of assistants to consult about securing them, but the court did not agree to it. Finding it unsafe to remain any longer they left Cambridge the 26th following and arrived at New-Haven the 7th of March. One Capt. Breedan who had seen them at Boston gave information thereof upon his arrival in England. A few days after their removal, an hue and cry, as they term it in their diary, was brought by the way of Barbados, and thereupon a warrant to secure them issued, the 8th of March, from the governor and assistants, which was sent to Springfield and the other towns in the western parts of the colony, but they were beyond the reach it.* 2.5

Page 216

* 2.6THE proclaiming the King having been deferred until August 1661 the governor, upon intelligence from Eng|land of what was doing there to the prejudice of the colony,

Page 217

did not think proper to delay it any longer, and called the general court together the 7th of August, when, after a great variety of forms for a proclamation had been pro|posed, the following was agreed to.

Page 218

FORASMUCH as Charles the second is undoubted King of Great-Britain and all other his Majesty's territo|ries and dominions thereunto belonging, and hath been some time since lawfully proclaimed and crowned accor|dingly: We therefore do, as in duty we are bound, own and acknowledge him to be our Sovereign Lord and King, and do therefore hereby proclaim and declare his sacred Majesty Charles the second to be lawful King of Great-Britain, France and Ireland, and all other the territories thereunto belonging. God save the King.

Page 219

AN order passed the court the same day and was posted up in Boston forbidding all disorderly behavior on the occasion, declaring that no person might expect indulgence for the breach of any law, and

in a particular manner that no man should presume to drink his Majesty's health,
* 2.7 which the order says
he hath in an especial manner forbid.

AN address to the King was likwise agreed to and ordered to be sent to England.

INTELLIGENCE arriving of further complaints against the colony, and orders being received from the King that persons should be sent over to make answer, the governor called the court together again the 31st of December, and Simon Bradstreet one of the magistrates, and John Norton one of the ministers of Boston church, were chosen agents for the colony, and instructions given them, the sum of which was to represent the colony as his Majesty's loyal and obedient subjects, to endeavour to take off all scandal and objections, and to understand his Majesty's ap|prehensions concerning them, to do nothing which might be prejudicial to the charter, and to keep the court advised of these transactions and all occurrences.* 2.8

Page 220

THESE gentlemen engaged in the service with great reluctance, Mr. Norton particularly. A ship was stopped for them upon demurrage, and then discharged, and then stopped again. At length the committee appointed to do every thing necessary for their dispatch in the recess of the court, engaged

to make good all damages they might sustain by the detention of their persons in England or otherwise.
They departed the 10th of February.

* 2.9THEIR reception in England was much more favorable than was expected, their stay short, returning the next fall with the King's most g••••cious letter, some parts of which cheared the hearts of the country; and they then looked upon, and often afterwards recurred to them, as a confirma|tion of their charter privileges, and an amnesty of all past errors. The letter was ordered to be published, and in an order for a public thanksgiving particular notice is taken of

the return of their messengers and the continuance of the mercies of peace, liberties, and the gospel.
* 2.10

Page 221

THERE were some things however in the King's ette hard to comply with; and although it was ordered to 〈◊〉〈◊〉 published yet it was with this caution, that

inasmuch 〈◊〉〈◊〉 the letter hath influence upon the churches as well as civil state, all manner of actings in relation thereto shall be suspended until the next general court, that so all persons concerned may have time and opportunity to consider of what is necessary to be done in order to his Majesty's pleasure therein.
The King expresly declares,
We will preserve and do hereby confirm the patent and charter heretofore granted unto them by our royal father of blessed memory, and they shall fully enjoy all the privileges and liberties granted to them in and by the same, and we will be ready to renew the same charter to them under our great seal of England whensoever they shall desire it.
His Majesty's gracious pardon to all his subjects was likewise declared for all treasons, &c. during the late troubles, except to such as stood attainted by act of parliament, if any such should have transported themselves thither; but then it was required that all their laws should be reviewed, and such as were contrary or derogatory to the King's authority and government should be annulled and repealed, that the oath of allegiance should be duly administred, that the administration of justice should be in the King's name, that freedom and liberty should be given to all such as desired to use the book of common prayer and perform their devotions in the manner esta|blished in England and that they might not undergo any

Page 222

prejudice thereby, that all persons of good and honest lives and conversations should be admitted to the sacrament of the Lord's supper, according to the book of common prayer, and their children to baptism, that in the choice of governor and assistants the only consideration to be had should be of the wisdom virtue and integrity of the per|sons to be chosen, and not of any faction with reference to opinions and outward profession, that all freeholders of competent estates, not vicious, &c. though of different persuasions concerning church government, should have their votes in the election of all officers civil and military, and finally that this letter should be published, &c.

HOWEVER reasonable the several things required by the King appear to us at this day* 3.1 yet many of them were grievous to our ancestors. The agents met with the fate of most agents ever since.* 3.2 The favors they hd obtained

Page 223

were supposed to be no more than might well have been expected, and their merits were soon forgot; the evils which they had it not in their power to prevent were attributed to their neglect or unnecessary concessions. Mr. Bradstreet was a man of more phlegm and not so sensibly touched, but Mr. Norton was so affected that he grew melancholy. He died suddenly, very soon after his return (April 5. 1663.)* 3.3 The only thing done at this session in compliance with his Majesty's orders, besides making the letter publick, was the giving directions that all writs pro|cesses, &c. should be in his Majesty's name. A committee was afterwards appointed to consider what was proper to be done as to the other parts, who were to report the next session, and liberty was given to any of the reverend elders, to any freemen, and to any other the inhabitants to send in their thoughts, that so after serious consideration something might be agreed upon,

satisfactory and safe, con|ducing to the glory of God and the felicity of his people.

THE year 1662 was remarkable for a synod or general council of all the churches, held at Boston in the month of September, by order of the general court.

THE two questions referred to their decision, and con|cerning which the country was much divided in sentiment, were these,

1st. WHO are the subjects of Baptism?

2d. WHETHER according to the word of God there ought to be a consociation of churches, and what should be the manner of it?

Page 224

THE result of this synod was printed by order of the general court, and is particularly mentioned by Doctor Mather, Mr. Neal and other writers.* 3.4

JOHN TOUTON a French doctor and inhabitant of Rochel in France, made application to the court in behalf of himself and other protestants expelled from their habi|tations on account of their religion, that they might have liberty to inhabit here, which was readily granted to them.

CAPTAIN Breedan who as we have before mentioned had been in England and had complained of the govern|ment for harbouring regicides, and had laid divers other

Page 225

things to its charge to render it obnoxious, returned to New-England this year and behaved with great inso|lence in the face of the court, usurping authority and lay|ing his commands on them, but he soon found they had not lost their spirit. They committed him to prison for his contemptuous carriage, and afterwards fined him two hundred pounds, * 3.5 and ordered that he become bound in two hundred pounds with sureties, to be of good behavior, standing committed until sentence be performed. On the other hand Isaac Cole the constable of Woburn being charged with having refused to publish the King's letter, and Edward Converse one of the selectmen of that town, with having spoken disrespectfully of it, as tending to pope|ry, process was ordered against them and they were held to answer for a high misdemeanor, but the facts charged against them not being proved they were acquitted.

THE severe acts of parliament against nonconformists caused some of them again to think of a place of refuge. Several ministers came over, and more intended to follow, but New-England was threatned with a loss of their privi|leges, and if the threat had been executed they would not have been secure in these remote parts.* 3.6

THE inhabitants upon Connecticut river being increased to three townships, Springfield, Northampton, and Hadley,

Page 226

at the Sessions of the general court in May 1662 they were made a county by the name of Hampshire.

* 3.7A letter was sent signed by the governor in the name of the general court, dated Oct. 20, 1663, to Doctor John Owen desiring him to come over and to accept the call or invitation which the first church in Boston had given him to become their teacher in the room of Mr. Norton, but he could not be prevailed upon.* 3.8

* 3.9IN 1664 the people of New-England were surprized with the appearance of a very large comet which conti|nued from the 17th of November until the 4th of Febru|ary following. At first it appeared in the east bearded▪ afterwards in the west with a tail. They were not alone in their opinion that comets were omens of great evils. So judicious a writer as Sleidan observes that a comet was seen all the month of August preceding the October when Zuinglius was slain; he adds that the Queen-Mother of France died about the same time. One had appeared just before Mr. Cotton's death. The death of their aged governor, and the troubles the colony met with the next year from the King's commissioners tended to confirm people in their opinion. The aurora borealis, and even eclipses, in former ages have been deemed prodigies and of ill omen.* 3.10

THE first prosecution I find upon record of any of the people called anabaptists was in the year 1665.* 3.11 William Turner, Thomas Gold, Edward Drinker, John George, and Thomas Osborne, were charged before the governor and other magistrates with

gathering themselves into a

Page 227

pretended church state,* 3.12 in opposition to the order of the churches of Christ in the colony, and intermeddling with those holy appointments of the Lord Jesus which are pro|per only to office trust.
They confessed they had joined in a church society, that they had been rebaptized, and that one of them administred the Lord's supper. They were admonished and threatned that if they continued to meet and practice contrary to the order of the gospel the court would proceed against them according to their de|merits. They persevered notwithstanding, and were sen|tenced by the court to be disfranchised, if they were freemen, and if they still continued their practice to be committed to prison upon conviction before one magistrate, until the general court should take further order, and some time after they were imprisoned and banished. Niti|mur in vetitum was verified in this proceeding, as it usually is in the like cases. Severity made converts, and then it was thought adviseable to cease from further prosecutions.* 3.13

Page 228

The baptists in England were distinguished at this time into three divisions.

Such as look upon all who had not been baptized after they came to adult age as little bet|ter than heathens, and will not join in prayer with the most eminent congregational ministers, if they were pro|videntially in a family together. Others are sober mode|rate men and manifest the power of godliness in their conversations, and these upon our occasional meetings we join hand in heart with, and call some of them out to pray with us, and we would not have this difference in judgment between us make the least breach in affection, for many of those we look upon to be eminent precious holy men. We have a third sort, but they are not many (and most of them at London) that take into fellowship those that are godly and desire to join with them, though they come not up to be baptized, and walk lovingly to|gether.
* 3.14 The first baptists in the Massachusets are represented by the writers of that day to have been of the same principles with those first described. Some of them were not so. I have seen a letter, dated not many years after this time, from Mr. Miles the baptist minister at Swanzey, to one of the congregational ministers at Boston, which breathes the true spirit of the gospel and urges christian concord, charity and love, although they did not agree in every point.

Page 229

IN the year 1664 the line between the Massachusets and Plimouth was fully and amicably settled and ran, by a committee from each colony, their return being accepted by the general court of the Massachusets and ordered to be recorded, and there is no doubt the general court of Pli|mouth colony accepted it likewise.* 3.15

FROM the restoration until the vacating the charter the colony never stood well in England, the principal persons both in church and state were never without fear|ful expectations of being deprived of their privileges. The years 1664 and 1665 afforded them greater occasion for fears than they had met with at any time before.* 3.16 In the spring of 1664 intelligence was brought that several men of war were coming from England, and several gentlemen of distinction aboard them. Assoon as the general court met in May, they ordered the captain of the castle to give the speediest notice, upon sight of the ships, to the gover|nor and deputy governor, appointed a committee to repair on board to present the respects of the court to the gentle|men, and to acquaint them that it was the desire of the authority of the place, that strict orders should be given to the under officers and soldiers, in their coming ashore to refresh themselves, at no time to exceed a convenient num|ber, and those without arms, and to behave themselves orderly, and to give no offence to the people and laws of the place. This was no more than a prudent precaution, considering how strict the laws were against all immoralities,

Page 230

the sense the magistrates had of their obligations to exe|cute them upon all offenders without distinction, the cer|tainty that the crews of men of war would offend, and the danger of tumults, quarrels and bloodshed when they should be brought to punishment. Preparation was likewise made for receiving and entertaining the gentlemen in the best manner.

A day of fasting and prayer * 3.17 was appointed to be ob|served throughout the jurisdiction, to implore the mercy of God to them under their many distractions and troubles according as they should stand in need. And apprehend|ing it to be of great concernment that the patent or char|ter should be kept safe and secret, they ordered the secretary to bring it into court and to deliver it, together with a duplicate, to four of the court,* 3.18 who were directed to dispose of them as might be most safe for the country.

THE ships arrived Saturday the 23d of July, with Col. Richard Nichols and George Cartwright, Esq* 3.19 who to|gether with Sir Robert Carr and Samuel Maverick, Esq had received a commission * 3.20 from the King for reducing the Dutch at the Manhados, visiting the colonies in New-England, hearing and determining all matters of complaint, and settling the peace and security of the cou••••ry, any three or two of them to be a quorum, Col. Nichols during his life being one. At their desire the governor ordered a meeting of the council on Tuesday the 26th. The commissioners laid their commission before the council with the King's letter of the 23d of April, and part of an

Page 231

instruction referring to the reducing the Manhados, and proposed the raising such a number of men as the country could spare, to begin their March on the 20th of August, promising that if in the mean time they could prevail by treaty or any nearer assistance, they would stop the pro|gress of raising or marching the men.

THE council gave their answer that they would cause the general court to assemble the 3d of August and com|municate the proposal to them. The commissioners then acquainted the council that there were many more things to signify to them at their return from Manhados, and the council was desired in the mean time further to con|sider of his Majesty's letter to the colony, June 28, 1662, and to give a more satisfactory answer than formerly. The commissioners then proceeded to the Manhados.

THE court assembled at the time appointed. They first resolved

that they would bear faith and true alle|giance to his Majesty and adhere to their patent, so dearly obtained and so long enjoyed by undoubted right in the sight of God and men.
And then resolved to raise a number not exceeding two hundred men, at the charge of the colony, for his Majesty's service against the Dutch. The men were raised, but the place surrendering upon articles no orders were given for them to march.* 3.21 The court in the next place considered of his Majesty's letter of 1662, and repealed the law relating to the admission of freemen, and instead of it provided another that allowed English subjects, being freeholders, rateable to a certain value, certified by the minister of the place to be orthodox, and not vicious in their lives, to be made freemen, although not members of the church. The other parts of the letter were referred until the commissioners return.

Page 232

THEY agreed upon an address to the King, setting forth the purchase of the soil from the council of Plimouth, the charter from King Charles the first, the great charge they had been at in transporting themselves and families, in purchasing lands of the natives and settling the colony, his Majesty's explicit confirmation of their privileges, &c. they then express their grief in having four persons sent over, one of them their known and professed enemy,* 3.22 with such extraordinary powers, by means whereof they were like to be subjected to the arbitrary power of strangers proceeding not by any established law but their own discretion, and being thus subjected to complaints, appeals, and the determinations of new judges, the govern|ment and administration would be made void and of no effect, and although they had but tasted of the words and actions of the gentlemen, yet they had enough to satisfy them that the powers given by the commission would be improved to the subverion of their all, that if things went on according to the present appearance they must either seek new dwellings or sink under intolerable burdens, the inhabitants would be driven to they knew not what ex|tremities, and a hopeful plantation ruined, that if any profit was expected by the King or by new rulers im|posed upon them they would be disappointed, the country being poor and but just affording subsistence, that if the people should be drove out of the country (for to a coali|tion they would never come) it would be hard to find another people that would stay long in it, that the body of the people was satisfied with the present government, that there was no government under heaven where there were no discontented persons, that there were but few among them, and fewer that had cause to be so. They appeal to God that they came not into this wilderness to seek great things for themselves, but for the sake of a quiet life. They profess their subjection to his Majesty and willingness to testify their dutiful affection in any righteous way, but it was a great unhappiness to be re|duced

Page 233

to the hard case of having no other way of doing it but by destroying their own being which nature taught them to preserve, or yielding up their liberties far dearer to them than their lives, which if they had had any reason to expect, they would not have wandered from their father's houses to the ends of the earth, a royal donation from so great a Prince being the greatest security in hu|man affairs. They sent letters humbly to sue for favor to several of the nobility, and among others to the Lord Clarendon, from whom they had an unfavorable answer.* 3.23

THE Dutch being reduced Nichols remained at New-York, the other commissioners returned to Boston the 15th of February, and acquainted the governor and council that the next day they should go to Plimouth to deliver the King's letter to that government, and desired orders might be given to all the inhabitants to assemble together the next election day, to which it was answered that all were at their liberty, but the reason of such a motion they could not see into nor should they encourage it, not only on ac|count of the business of the season, but because the wives and children of a considerable part of the people, together with many aged persons, must be left exposed to the rage of the natives. To which Cartwright replied

that the motion was so reasonable that he that would not attend to it was a traitor.
This was rough usage and could have no good consequences. The commissioners sent letters in their own name about the country to invite the people to assemble.

HAVING dispatched their business at Plimouth,* 3.24 they went to the Naraganset country, and at Warwick held

Page 234

their court, made enquiry into the titles of lands there, and made divers determinations which had no long effect, and came privately and separately to Boston the latter end

Page 235

of April, and so prevented, designedly as was supposed, that respect which was intended to have been shewn them at their arrival. Mr. Endicot the governor died the 15th of March 1665. Mr. Bellingham the deputy governor with some of the magistrates assembled, as usual, the 2d of May, the day before the election, to prepare for the busi|ness of the next day. The commissioners desired to speak with them, which though at first they refused, being no court, yet when it was urged by the commissioners, it was submitted to. Five writings were delivered as part of their instructions. The first expressing

the great kind|ness of the King for the colony and his desire to advance a plantation which had given so good an example of sobriety and industry to all others.

THE second declaring

that the King was so far from any thought of abridging that he was very ready to enlarge all the concessions made by his royal father in the charter, or to make any alterations for the prosperity of the colony.

THE third

that the principal end of their journey was to remove all jealousies the King might have of the loyalty and affections of his good subjects towards him, or which they might have of his good opinion and confidence in them and his protection over them.

Page 236

THE fourth

that by this means the designs of wicked and seditious persons would be disappointed, and a founda|tion laid for mutual confidence and satisfaction, the King would look upon his colony of the Massachusets within the same limits of affection, duty and obedience to his person and government as Kent or Yorkshire, and they again would have the same confidence of his care and protection as the others had, and all have great reason to acknowledge the good effects which by God's blessing would proceed from this commission.
These were given as from his Majesty.

THE fifth was a message of their own,

assuring the council in his Majesty's name that whatever had been granted by his royal predecessor or promised by himself should to the utmost be made good, and desiring they might have no just cause to represent to his Majesty any thing which might seem to come short of that just duty and allegiance which might merit his Majesty's favor.
They then acquainted the council with the favorable re|presentation they had made to his Majesty of the readiness of the colony to have assisted in the expedition against the Dutch, if it had been necessary.* 4.1

BEFORE there was an opportunity for an answer they acquainted the deputy governor and the rest with two other instructions, one

for publishing the letters which had been sent to the King with the answers to them,
the other
for laying before the commissioners a map or plan of the colony, that they might hear and determine all claims made by such as bordered upon it.
They also complained of slanderous reports about the country that they were come to raise a revenue of £.5000 a year for the King, to lay 12d. per acre annual rent on all improved lands, &c.

Page 237

ASSOON as the election was over, viz. on the 4th of May, these matters were laid, by the governor, before the general court. The commissioners were immediately de|sired to communicate to the court the whole which his Majesty had given in command to declare to them, that so they might have their whole work before them, but they replied, that they would not observe that method, but when they had an answer to what they had given in they would then present them with more work. The refusal itself was not so displeasing as the terms and manner in which it was expressed and delivered.

THE 5th the court gave their answer in substance as follows, reserving liberty to enlarge afterwards if there should be cause, viz.

THAT they acknowledged with all humble thanks his Majesty's grace and favor in his letters and messages, and they would lay hold of every opportunity to shew their duty and loyalty to him.

THAT what relates to the Dutch being fully accom|plished no further answer could be expected, only an ac|knowledgment of the favorable representation which the commissioners had made of the conduct of the court.

AS to a map of the colony, it was preparing and they should soon have satisfaction therein.

THAT his Majesy's letters had been laid before the court, and so had the papers received from the commissio|ners, and copies were spread about the country, and if the commissioners desired any further publication they would endeavour their satisfaction.

THAT they were willing to advise with the commis|sioners upon the best 〈◊〉〈◊〉 of putting a stop to all false ru|mors, and finally that their confidence of his Majesty's grace and favor and royal intentions to them, being further cherished by the commissioners, would undoubtedly draw from them more ample expressions and demonstrations of duty loyalty and good affection to his Majesty, according as by their patent they were bound.

Page 238

TO this answer the commissioners replied,

THAT to the preface

they desired the court to im|prove the liberty reserved of enlarging, &c.

TO the first head

that the opportunity they seemed so willing to lay hold of was now brought to their hands.

TO the second

that nothing further was necessary.

TO the third

that many things of great moment could not be issued until a perfect map was had.

TO the fourth

that they would not aggravate any neglect, but they hoped the general court by practical as|sertions of duty would give his Majesty satisfaction upon the points contained in the letter of 1662, which had so long slept in some hands.

TO the fifth

they were fully persuaded the printing the results and conclusions which should be made on his Majesty's part, and the part of the colony, would silence all those false and malicious reports which they expected should be enquired into.

TO the conclusion

that altho' their patent laid them under peculiar obligation, yet it did not circumscribe all that duty and allegiance which was due to his Majesty from natural born subjects, and which they themselves in former papers had more fully expressed.

THE same day the commissioners communicated other parts of their instructions, viz.

THAT they should inform themselves of the state of the neighbouring Indian Princes, and enquire what treaties had been made between them and any of the King's sub|jects, and if there had been any failure on the part of any of his Majesty's subjects, the commissioners should take ef|fectual course that reparation and satisfaction be made for any injury sustained thereby, and use all ways and means to let those Princes and other Indians know of his Majesty's charge, &c.

THE commissioners informed the court of great com|plaints received from the Naraganset Indians, and desired to be advised how they should attain a true information that they might do justice and give the King a just account. &c.

Page 239

THAT they should make due inquiry, what progress had been towards the foundation and maintenance of any college or schools for the education of youth and conver|sion of infidels, the King having taken abundant satisfaction in the accounts he had received of the designs of the colo|ny herein, which he hoped would draw a blessing upon all their other undertakings.

THAT they should not give too easy an ear to clamors or accusations against such as then were, or had been, in places of government, except from men of equal condition, and then they should proceed to examine and determine, according to the rules of justice, without respect of persons or opinions.

THAT they should not receive any complaints against a magistrate, except for something done against equity or against the charter, nor interrupt the course of justice be|tween party and party, except the proceedings should be expresly contrary to the rules prescribed by the charter, or the matter in difference arose from some expression or clause in some grant under the great seal. In those cases to examine and proceed according to justice.

UPON the subject of this instruction the commissioners acquainted the court

they had received may complaints from the English of hard measure in several kinds▪ one more especially, which they offered to communicate, and dared not refuse to examine it, but had so much respect to the authority in the several colonies that they would leave it to the choice of the court whether it should be heard at Providence in Rhode Island, or at Boston, either at that time, or after the commissioners return from the eastward where they were going.
This referred to a criminal prosecution against one John Porter, jun. to whom they had granted a warrant of protection as it was termed.

THAT in due season they should inquire how far the particulars required by the King's letter of 1662 had been complied with,
as first,

THAT all persons take the oath of allegiance.

Page 240

2d,

THAT all process, and administration of justice be performed in our name.

3d,

THAT such as desire to use the book of commo prayer, be permitted so to do without incurring any penal|ty, reproach, or disadvantage, it being very scandalous that any persons should be debarred the exercise of their reli|gion according to the laws and customs of England, by those who were indulged with the liberty of being of what profession or religion they pleased.

4th,

THAT persons of good and honest conversation might enjoy the privilege, of chusing and being chose in|to places of government and the like.

THE commissioners desired they might be enabled to give the King such information as should be fully satisfactory.

THE 8th of May they delivered three other writing s parts of their instructions, viz.

THAT they should duly inquire whether any person attainted of high treason now reside there, or have been entertained there and by whom, and what is become of them, and endeavour to cause them to be apprehended and sent to England.

THAT they should take care that such orders be established as that the act of navigation be punctually ob|served, it being of infinite cocernment and what the hearts of the whole nation were set upon, but had been evaded, under pretence that acts made in the assembly there during the late rebellion, were in force notwithstanding the act of parliament, an assertion the King would not suffer to be made, but that all such acts of assembly should be re|pealed, taken off the files, and no more rem••••n upon record; and that they should cause justice to be done to Thomas Dean who had been denied it in a prosecution upon the act of parliament.

THE commissioners desired a book of the colony law that they might examine, &c. and that any laws contrary to this act might be declared null.

THAT they should inform themselves of the whole frame and constitution of government, civil and ecclesiasti|cal,

Page 241

the yearly taxes and impositions, the shipping, the militia, horse and foot, fortified towns and forts, &c.

THEY desired some persons might be appointed to draw up an information of all those particulars to satisfy his Majesty's desires.

BEFORE the court gave answer to these papers they sent a message, May 9th, to the commissioners to acquaint them that the court apprehended their patent to be greatly infringed by the warrant granted to John Porter, upon which the commissioners desired a conference with a com|mittee, that the court might have better information, which was agreed to and held the 11th.

THE commissioners asserted that they were to be justi|fied by their commission in what they did, and that the charter was not infringed. The committee urged

that the general court had full power and authority to make laws and provide for the execution of them; they were very ready to give an account to his Majesty of all their proceedings whensoever he required it, ut it would be an insuperable burden, if the colony must be brought upon a level, and stand with every criminal upon whom sentence had been passed, at the bar of another tribunal which their charter knew nothing of.
The commissioners being asked
whether they proposed a jury should pass upon these and the like cases? they replied no, theirs was a commission of oyer and terminer. Whether they would admit of new evidence? yea.
The committee then further urged
That they esteemed it their greatest unhappiness to be held to give up their privileges by charter, and the rights of Englishmen, or else be accounted among such as denied his Majesty's authority.
The commissioners nevertheless insisted upon their own authority, and required a submission to it. The court then proceeded to give answer to the other instructions which had been communicated.

TO that which relates to the Indians, called the 5th instruction, they say

that they have been too long ac|quainte with the falsehood of the Naraganset and other Indians to wonder that they should complain of injuries

Page 242

when they themselves were the aggressors; that all matter relating to the Indians had been managed by the com|missioners of the united colonies, and their records might be examined.

TO the next or sixth instruction,

That there is a small college at Cambridge, from which they might say without boasting more than an hundred able preachers, physicians, and other useful persons had issued; for the particulars of the foundation and benefactions they referred to the president and fellows; that the country was well provided with schools, that there was also at Cambridge a small fabrick of brick for the use of the Indians, built by the corporation in England, in which there were then eight Indian scholars, one of which had been admitted into college, that there were six towns of Indians in the juris|diction professing the christian religion, that they had schools to teach the youth to read and write, and persons appointed to instruct them in civility and religion, who had orders to wait upon the commissioners and shew them the towns and manner of life of the Indians, if it should be desired.

TO the proposition upon the 7th and 8th instructions, by which an offer is made of the choice of a place for hearing and determining complaints, they say

that hear|ing and determining appeals from their judgments is in|consistent with their charter; nevertheless as they desired to be doers of truth and righteousness, and not to shun the light, if the commissioners would be pleased to impart the complaints that had been brought against the govern|ment, they hoped to be able to give such answer as should satisfy his Majesty that their actions had been consonant to reason and equity, and not such as evil minded men had represented them.

TO the ninth touching his Majesty's letter of June 1662, they say

that they had endeavoured formerly to satisfy his Majesty's expectations, &c. and now further say, touching the oath of allegiance, that in August last the court by a publick declaration expressed their resolution,

Page 243

God assisting, to bear faith and true allegiance to his Ma|jesty, and to adhere to their patent the duties and privi|leges thereof, that many now in authority and also many of the common people had taken the oath of allegiance be|fore they left their native country, and they had ordered that the oath in the form prescribed by the colony law should be taken by all freemen and all other housholders.
* 4.2

AND touching civil liberties they observed the quali|fications mentioned in his Majesty's letter * 4.3 orderly evi|denced to them * 4.4 as appear'd by their late law and practice thereupon.

AND as to ecclesiastical privileges they had commended to the ministry and people here the word of the Lord for their rule.

TO the next or tenth instruction.

That they knew of no persons attainted of high treason who had arrived here, except Mr. Whaley and Mr. Gosse, and they before the act of parliament, and they departed this jurisdiction the February following, and a proclamation against them coming soon after by way of Barbados, the court sent two gentlemen, Mr. Kellond and Mr. Kirke, after them to Con|necticut and New-Haven to apprehend them.

TO the eleventh instruction they say,

The act for trade had been for some years observed here, that they had been misrepresented to his Majesty, the act not having in any instances that they knew of been greatly violated, and such laws as appeared to be against it were repealed, and that justice had been done in the case of Thomas Dean, as they would find upon enquiry.

TO the twelfth,

For the form of their constitution they refer to their patent, the annual ordinary charges of

Page 244

government were about £.1200, for their ecclesiastical constitution they had none imposed by civil authority, all that was enjoined by that, was attendance on publick wor|ship on Lord's days and other occasional days. The people who maintained, also chose their mininsters, whose admini|strations were known and they hoped consonant to the word of God, and if any deviated in such case they made use of a synod and the civil authority. The militia consisted of about four thousand foot and four hundred horse, more might be in the lists, but aged and infirm were excused. They had a fort or keep at the entrance of Boston harbour with five or six guns, two batteries in the harbour, and one at Charlestown. The number of their ships and vessels as follows, about eighty from 20 to 40 tons, about forty from 40 to 100 tons, and about a dozen ships above 100 tons.

THESE papers were delivered to the commissioners on the 16th of May, and on the 18th they made their reply.

THEY were sorry to find by the court's answer to the 7th and 8th instruction that they put more value upon their own conceptions, than the wisdom of the King in interpret|ing the charter. The commissioners would reduce all the discourses upon this head to one question. Do you ac|knowledge his Majesty's commission wherein we are nomi|nated commissioners, to be of full force to all the pur|poses therein contained?

TO their answer to the 9th instruction the commissioners reply,

That the court had been so far from endeavouring to give his Majesty satisfaction, by observing what he re|quired, that they had even complained of his Majesty for enjoining them, and for the commission given to enquire whether they had observed them or not, that they pro|fessed highly to prize the King's favor, and yet in the same paper refuse to do what the King required, viz. that all who came into the colony should take the oath of allegiance, making provisoes not expressed in their charter, and so curtailing the oath. That the end of the first planters coming over, as the court expressed in their ad|dress

Page 245

1660, was liberty of conscience, and yet it was denied to those for whom the King required it. That they had tentered the King's qualifications for freemen, by suffering none to be made such who were not church members, unless they paid ten shillings to a single rate, which not one church member in a hundred did pay, and although they commend the word of the Lord to the ministry and people for their rule, yet it was with a proviso that they have the approbation of the court. The commissioners supposed the King and his council and the church of Eng|land understood the word of God as well as the Massachu|sets corporation. They feared these answers would highly offend the King, and advised to an ingenuous and free consent to what he desired.

ON the 19th of May, the court by a message to the commissioners desired to be excused from a direct answer to the question

whether they acknowledged his Majesty's commission,
&c. and chose rather to plead his Majesty charter and his special charge to the commissioners not to disturb them in the enjoyment of it; they were ready to give such an account of their proceedings as that the commissioners might be able to represent their per|sons and actions to his Majesty.

THE commissioners by a message on the 20th, insisted on a direct answer to their question, and on the 22d, the court declared, that it was enough for them to give their sense of the powers granted to them by charter, and that it was beyond their line to determine the power, intent or purpose of his Majesty's commission.

ON the 23d the commissioners informed the court, that since they had been pleased to send them a more dubious answer than the former, that they might discharge their duty to his Majesty they intended to sit to-morrow morn|ing at the house of Capt. Thomas Breading as his Ma|jesty's commissioners, to hear and determine the cause of Mr. Thomas Dean and others, against the governor and company and Joshua Scottow merchant, defendants, and that they thought proper to give this notice and expected

Page 246

that they would appear by their attorney to answer to the complaint. They sent at the same time a summons to Joshua Scottow. The court thereupon drew up a decla|ration, which they sent to the commissioners, but they not ••••ceding from their purpose, when the time appointed for their meeting was come, the court ordered the declaration to be published by sound of trumpet, in the following words:

"WHEREAS in the debate and conference had be|tween this court and Col. Richard Nichols, Sir Robert Carr knight, George Cartwright and Samuel Maverick esquires, his Majesty's honorable commissioners, we have pleaded only the maintenance of his Majesty's authority in the government of the people of this colony according to the rules and prescriptions of his charter under the gre•••• seal of England, the full and peaceable enjoyment whereof his Majesty hath given good assurance of to all his loyal subjects of this place, giving special charge to the above|named gentlemen not to disturb us therein, yet accounting it our duty to God and his Majesty, by all lawful ways and eans, to give full satisfaction unto his Majesty touching all such cases and complaints against us as in his wisdom and prudence he shall see reason to take cognizance of; we have sundry times in our conferences both by word and writing tendered unto the abovesaid gentlemen our readiness to present unto them a full and clear account of the grounds of our proceedings in any case, matter, or complaint that themselves shall see meet to inquire into, whereby they may be enabled to represent the matter truly to his Majesty, his Majesty's letters to this colony of April 23d 1664 expressly declaring this to be his principal end in sending hither the abovesaid gentlemen in such a capacity, and that for such pious and good intentions as is therein more particularly declared, and not in the least to infringe our charter or any the privileges thereof.

"ALL this notwithstanding, the abovesaid gentlemen not resting satisfied with these our tenders and proposals made unto them, (wherein we have endeavoured to answer his Majesty's just expectation) contrary to the express

Page 247

charge of his Majesty unto them, they have by warrant under three of their hands given protection to John Porter jun'r, an high offender against God, his Majesty's authority▪ laws, and the peace of his good subjects here (who break|ing prison made his escape out of the hands of justice) and that before any signification to the government of thi place of any complaint made against them, their sentence▪ or proceedings against the said Porter, and requiring all officers, as well military as civil, to be observant to them ••••••rein. And although this court have expressed their sense of this act, in conjunction with some other of their proposals, to be an infringement of our privileges granted us by his Majesty's royal charter, yet hey have not with|drawn their protection of the said Porter, but have pro|ceeded to summon as well the governor and company of this his Majesty's colony, as also particular persons, to ap|pear before them to answer to the complaint of Thoma Dean and others for injustice done unto them. The submission unto which proceedings of theirs being, as we apprehend, inconsistent with the maintenance of the laws and authority here, so long enjoyed and orderly established under the warrant of his Majesty's royal charter, the up|holding whereof being absolutely necessary for the peace and well being of his Majesty's good subjects here—This court doth therefore in his Majesty's name, and by his authority to us committed, by his royal charter, declare to all the people of this colony, that in observance of their duty to God and to his Majesty, and to the trust committed unto us by his Majesty's good subjects in this colony, we cannot consent unto or give our approbation of the pro|ceedings of the abovesaid gentlemen, neither can it consist with our allegiance that we owe to his Majesty, to coun|tenance any who shall in so high a manner go across to his Majesty's direct charge, or shall be their abettors or consentors thereunto.
God save the King.

By the court, Edward Rawson, secr'y."

AFTER the publishing of this declaration the commis|sioners sent the following writing to the court.

Page 248

Gentlemen,

WE thought when we received our commission and in|structions that the King and his council knew what was granted to you in your charter, and what right his Majesty had to give us such commission and commands. And we thought the King, his Chancellor, * 6.1 and his Secretary, had sufficiently convinced you that this commission did not in|fringe your charter. But since you will needs misconstrue all these letters and endeavours, and that you will make use of that authority which he hath given you to oppose that sovereignty which he hath over you, we shall no lose more of our labours upon you, but refer it to his Ma|jesty's wisdom who is of power enough to make himself to be obeyed in all his dominions, and do assure you that we shall not represent your denying his commission in any other words than yourselves have expressed it in your seve|ral papers under your secretary's hands. But for the bet|ter manifestation of the transactions between us and for the satisfaction of all concerned in these parts, we desire that you will cause his Majesty's commission to us, his Majesty's letters of June 28th 1662, of April 23d 1664, of February 25th 1664, by Mr. Secretary Morrice and all those papers we have given into the court, and your's also may be print|ed and published.

May 24, 1665.

  • Richard Nichols,
  • Geo. Cartwright,
  • Robert Carr,
  • Sam. Maverick▪

To the general court of his Majesty's colony of the Massachusets."

THE commissioners, at the same time, laid before the court proposals for amendments or alterations of the laws to the number of twenty six.

THE court, the same day, acquainted the commissioners that they should be ready, by writing or conference, when|ever the commissioners pleased, to lay before them the grounds and reasons of their claim and exercise of juris|diction in the eastern country, that so his Majesty might be satisfied of the true state of the controversy, and that as

Page 249

his Majesty had directed his commissioners to examine in|to the proceedings in the case of Thomas Dean and cause justice to be done, the court had summoned the said Dean before them, at nine of the clock the next day, to make out the truth of his complaint to his Majesty, and the commis|sioners were desired to be present that they might under|stand the grounds of the said complaint and that justice may be done.

THE commissioners replied the 26th, "that they could not have imagined that the court after interruption of the authority committed by his Majesty to the commissioners would have assumed to themselves the hearing of the same case wherein the governor and company are impleaded, it being unheard of and contrary to all the laws of christen|dom that the same persons should be judges and parties, and declared it contrary to his Majesty's will and pleasure that the cause should be examined by any other person than themselves.

THE commissioners broke off from any further con|ference and all, except Colonel Nichols, went to New-Hampshire and the province of Main, where they appoint|ed justices of the peace and exercised divers acts of govern|ment, and then returned to Boston. The court declared that their proceedings at the eastward tended to the dis|turbance of the publick peace, and desired a conference with them concerning their doings there, but received such an answer from Sir Robert Carr as determined them to put a stop to all further treaty. He told them, amongst other things, that the King's pardon to them for all their deed during the late rebellion was conditional, and depended upon their future good behavior, and threatened the lea|ders or contrivers of their measures with the punishment which so many concerned in the rebellion had met with in England. They had no better success at Connecticut than in the Massachusets colony. At Plimouth and Rhode-Island they met with less opposition. They sat as a court at Providence and Warwick in the colony of Rhode-Island, and spent divers months in the

Page 250

colony examining into purchases and titles of lands 〈◊〉〈◊〉 he Indians, hearing the complaints of Gorton and his company against the Massachusets, enquiring into the pro|ceedings of the executive powers of that colony, and re|ceiving all complaints which discontented persons were ready to offer.

COL. NICHOLS, by his discreet behavior, gained the esteem of the people, and afterwards, whilst he was gover|or of New-York, kept up a friendly correspondence with the governor and company of the Massachusets. Carr and Cartwright were men very unfit for such a trust, and by their violent proceedings rendered themselves odious. Maverick seems to have been appointed only to increase the number and to be subservient to the others. He had lived in the colony from its beginning. He was alway in opposition to the authority. Upon the restoration h went home to complain to the King, was two or three years solliciting that commissioners might be appointed; at length the measures against the Dutch at New-York being agreed upon, the conduct of that affair and this ex|traordinary power was committed to the same persons. He was in the colony again in 1667 with a message from Col. Nichols, which is the last account given of him. Sir Robert Carr went first to Delaware and soon after home to England, and died at Bristol June 1st 1667, the day after he landed.* 6.2 Cartwright in his passage was taken by the Dutch, stripped and very ill used. He had taken the minutes of all their proceedings, and went home th most enraged; but the enemy took all his papers from him and he never could recover them. The principal per|sons in the colony were afraid of further proceedings. Captain Gookins one of the assistants writes to his friend in 1666,

In all probability a new cloud is gathering and a new storm preparing for us, which we expect every day.

THE government of the colony I imagine will not be thought culpable for refusing entirely to submit to the absolute authority of the commissioners, which must have

Page 251

superseded their charter, and if this authority had bee once admitted they would have found it very difficult ever after to have ejected it. Some part of their conduct may appear extraordinary; particularly their refusing to make the oath of allegiance necessary, unless with restriction and limitations, and to cause all proceedings at law to be more expressly in his Majesty's name and by his authority. From some original manuscripts, which discover the senti|ments of some persons of influence amongst them upon the nature of civil subjection, their conduct in this and some former instances may be pretty well accounted for.

THEY distinguished civil subjection into necessary and voluntary. From actual residence within any government necessarily arose subjection, or an obligation to submit to the laws and authority thereof. But birth was no necessary cause of subjection. The subjects of any prince or state had a natural right to remove to any other state, or to an|other quarter of the world, unless the state was weakned and exposed by such remove, and even in that case, if they were deprived of the right of all mankind, liberty of con|science, it would justify a separation, and upon their re|moval their subjection determined and ceased. The country to which they themselves had removed was claimed and possessed by independent princes, whose right to the lord|ship and sovereignty thereof had been acknowledged by the Kings of England.* 6.3 They therefore looked upon themselves obliged and accordingly, as appeared by their records, actually had purchased * 6.4 for valuable considera|tions, not only the soil, but the dominion, the lordship, and sovereignty of those princes, and without such pur|chase,

Page 252

in the sight of God and men, they had no right 〈◊〉〈◊〉 title to what they possessed. The King indeed, in imita|tion of other Princes of Europe who laid claim to coun|tries meerly from the discovery of them, had granted this country to certain of his subjects, and the first planter thought it proper to purchase the title of such grantees, to prevent molestation from them or from other states, and they had also received a charter of incorporation from 〈◊〉〈◊〉 King, containing a mutual compact, from whence arose a new kind of subjection, to which they were held and from which they would never depart.

THIS was what they called voluntary civil subjection arising meerly from compact, and from thence it followed, tht whatsoever could be brought into question relative to their subjection must be determined by their charter. The compact between the King and the city of London, as con|tained in it's charter, was not the constituting caus of sub|jection in the inhabitants there, because they were resident, and from thence necessary subjection remained, but when residence the sole grounds of this necessary subjection ceases, then it become voluntary and depends upon compact alone. By this compact they acknowledged they were so bound, that they were not at liberty to subject themselves to, or to seek protection from any other prince, they were to pay a fifth part of all silver and gold mines, they were to make no laws repugnant to the laws of England; &c. but on the other hand they were to be governed by laws made by themselves, and by officers elected by themselves, &c. But however pleasing these principles were in speculation, or whatever foundation they may have in nature, yet they could not continue to practice upon them, nor would they bear the test when adopted by English subjects. In a short time, as we shall see hereafter, they were content fully to comply with the oath of allegiance without qualifying it, and to give up other points which they had before insisted upon, and their posterity, who claim by birthright as well as charter the peculiar privileges of Englishmen, and who enjoy the protection, are very sensible that they likewise owe

Page 253

the allegiance of English subjects, which by a general rule of law is not considered as local, but perpetual and unalienable.* 6.5

THE King's letter to New-Plimouth dated April 10, 1666, highly approving their behavior, may be seen in the appendix. Mr. Maverick, who had been one of the com|missioners, delivered to the governor a writing of the same date, said to be copy of a letter to the Massachusets from the King,* 6.6 wherein he requires five persons to be sent to England to answer for the conduct of the colony, and that Mr. Bellingham and Mr. Hawthorne be two of the number. A special court was called by the governor, September 11th, to consider of this letter, and those of the elders who were in town were desired to be present to give their advice. A letter was agreed upon to Mr. Secre|tary Morrice, wherein the court seem willing to doubt of the genuineness of the King's letter, and excuse themselves from sending any persons over, supposing the ablest among them could not declare their cause more fully than it had been already done.* 6.7

I WILL finish what relates to these commissioners with a short account of a prosecution commenced by one of them against Arthur Mason a constable.

Page 254

THE commissioners with other gentlemen meeting sometimes at a publick house called the Ship * 6.8 tavern, the constable expected to find them there upon a Saturday evening, which would have been a breach of law, but be|fore he came, they had adjourned to Mr. Kellond's a merchant, who lived opposite to the tavern. Another con|stable, who had been at the tavern before, had been beaten by them. Mason who had more courage and zeal, went into the company with his staff, and told them he was glad to see them there, for if he had found them on the other side the street he would have carried them all away, and ad|ded, that he wondered they should be so uncivil as to beat a constable and abuse authority. Sir Robert Carr said it was he that beat him and that he would do it again. Ma|son replied, that he thought his Majesty's commissioners would not have beaten his Majesty's officers, and that it was well for them that he was not the constable who found them there, for he would have carried them before autho|rity. Sir Robert asked if he dare meddle with the King's commissioners. Yes▪ says Mason, and if the King himself had been there I would have carried him away; upon which Maverick cried out, treason! Mason, thou shalt be hanged within a twelvemonth. Sir Robert Carr spake to Sir Thomas Temple and some others of the company, to take notice of what passed, and the next day Maverick sent a note to Mr. Bellingham the governor, charging Mason with high treason for the words spoken, and requiring the governor to secure him. The governor appointed a time for Maverick to come to his house and to oblige himself to prosecute the constable at the next court of assistants, but Maverick, instead of appearing, thought proper only to send another note, promising to appear against the constable and charge him home, and therefore required his person should be secured. The governor thought it adviseable to cause Mason to recognize, as principal, in five hundred pounds, with two sufficient sureties in two hun|dred

Page 255

and fifty each, for his appearance; but the day before the court, Maverick sent another note to the governor, desiring to withdraw his charge, being

satisfied that altho' the words were rash and inconsiderate, yet there was no premeditated design in Mason to offer any injury to the King or his government.
The governor returned for an|swer,
the affair was of too high a nature for him to inter|pose in, Mason being bound over to answer.
Upon his appearance a bill was laid before the grand jury, wherein he was charged with maliciously and treasonably uttering the treasonable words mentioned. According to the li|berty taken by grand juries at that day, they only found "that the words charged were spoken," and Mason being brought upon trial and the words fully proved, the court of assistants suspended judgment, and referred the cause to the next general court, where it was resolved, that although the words were rash, insolent, and highly offen|sive, yet, as his accusers and witnesses all cleared him from any overt act, or evil intended against the King, the court did not see cause to adjudge him a capital offender, but sentenced him to be admonished in solemn manner by the governor.* 6.9 However trivial this anecdote may appear, yet there are circumstances which throw some light upon the character of the commissioners, as well as that of the governor and the judiciary and ministerial powers of the government at that time.

THE commissioners had prevailed on some of the in|habitants of the towns in New-Hampshire* 6.10 to sign a petition and complaint to his Majesty of the wrongs they had sustained from the Massachusets, "who had usurped the government over them," but the inhabitants of Dover in town meeting, and Portsmouth and Exeter by writings under the hands of the town officers, declared their dissent, and all the towns desired to be considered as part of the Massa|chusets colony, as they had been for many years before.* 6.11

Page 256

Three persons * 6.12 were also appointed to repair to the province of Main, to settle the peace of the town there, by bringing them to an orderly submission, which was not immediately effected.* 6.13

I HAVE endeavoured impartially to relate the pro|ceedings between the commissioners and the colony. On the one hand, I think it appears that the government had not sufficient excuse for not complying more fully with what the King required of them by his letter in 1662. Mr. Norton their agent, who knew the resolutions of the King and his ministers, saw the necessity of it. Thi would probably have prevented such a commission from issuing. On the other hand, it cannot be denied that the commission was a stretch of power, superseding in many respects the authority and powers granted by the charter, and there appears in the conduct of the general court, upon this occasion, not an obstinate perverse spirit, but a modest steady adherence to what they imagined, at least, to be their just rights and privileges.* 6.14 At the same time they endea|voured not only by repeated humble addresses, and pro|fessions

Page 257

of loyalty, to appease his Majesty, but they pur|chased a ship-load of masts (the freight whereof cost them sixteen hundred pounds sterling) and presented to the King, which he graciously accepted, and the fleet in the West-Indies being in want of provisions, a subscription and contribution was recommended through the colony, for bringing in provisions to be sent to the fleet for his Ma|jesty's service.* 6.15 It appears by the record that several towns had liberally subscribed, and it was recommended to the rest not to fall short of what had been done by those who had gone before them, but I find no record of the whole amount. About two hundred and fifty of the in|habitants of St. Christophers, which had been taken by the French, arriving in the spring of 1666, and more being daily expected, provision was made by the court for the relief and support of such as were in necessity. Upon the news of the great fire in London a collection was made through the colony for the relief of sufferers. The a|mount of it cannot be ascertained. I have a letter from Mr. Seaman and other dissenting ministers in London, to Mr. Syms and Mr. Shephard ministers of Charlestown, advising the receipt of £.105 sterling collected in that church. If others contributed in proportion, a large sum must have been raised.

THERE had been a press for printing at Cambridge for near twenty years. The court appointed two persons * 6.16 in October 1662 licencers of the press, and prohibited the publishing any books or papers which should not be super|vised by them, and in 1668 the supervisors having allowed of the printing "Thomas a Kempis de imitatione Christi,"

Page 258

the court interposed,

it being wrote by a popish minister, and containing some things less safe to be infused among the people,
and therefore they commended to the licen|cers a more full revisal, and ordered the press to stop in the mean time. In a constitution less popular this would have been thought too great an abridgment of the sub|ject's liberty.

* 6.17FROM 1666 to 1670 Mr. Bellingham was annually chosen governor, and Mr. Willoughby deputy governor. Nova Scotia and the rest of Acadie which had been rescued from the French by Cromwell, were restored by the treaty of Breda. The French made little progress in settling this country. The only inconvenience the Massachusets complained of, until after the revolution, was the encou|ragement given to the Indians to make their inroads upon the frontiers. Sir Thomas Temple who, with others, had a grant of the country first from Cromwell, and after|wards from King Charles, thought he had reason to com|plain, and the King's order was repeated to him to give up his forts to the French, some pretence being made for not complying with the first order.

AFTER forty years, the greatest part of our first emi|grants had finished their pilgrimage, and were arrived at the place of their everlasting abode. Some of them lamented their being born too soon to see New-England in it's most flourishing state. This will be the case with their posterity for many g••••erations yet to come. Mr. Wilson the first minister of Boston church died August 7th 1667, in the 79th year of his age. He left an amiable character, and is represented by his contemporaries as one of the most humble, pious and benevolent men of the age. He was son of Doctor Wilson a prebend of St. Paul's, Rochester and Windsor, and rector of Cliff, in the reign of Queen Elizabeth. He married a daughter of Lady Mansield, and a near kinswoman of Sir William Bird. It was with much difficulty that he persuaded her to go to New-Eng|land. After having spent one winter there without her, he returned to England to fetch her. His life has been

Page 259

published by Dr. Mather. I have it in manuscript by ano|ther hand. In both are related many instances to shew hsi prophetick spirit. We may very well remark upon those sort of prophecies, Qui bene conjiciet, hunc vatem. Richard Mather a learned grave divine and minister of Dorchester died the 22d of April 1669, aged 73. Charles Chauncy batchelor of divinity, the venerable learned president of the college, died the 19th of February 1671, in his 80th year.* 6.18

Page 260

Besides these, we are not to omit Jonathan Mitchell the minister of Cambridge, who died the 9th of July 1668, in his 43d year, and is always spoken of as one of the most learned men and best preachers in his day. Mr. Daven|port, who had been minister of New-Haven from the first settlement of that colony, removed to Boston about the year 1667, to the great grief of his people, and against the mind of many of the principal persons of the church in Boston, which caused them, some time after, to separate from their brethren, and to form a new society ever since known by the name of the south church.* 7.1 He died of the palsie March 16th 1670, in the 73d year of his age.* 7.2

MR. Gorges's claim to the province of Main, supported by the acts of the commissioners, had encouraged the peo|ple to withdraw from their subjection to the Massachusets, but the province, according to some accounts, was in the utmost confusion, and in 1668 some of the principal per|sons applied to the general court of the Massachusets to reassume the jurisdiction over them. The court always thought it the part of good governors, as well as of good judges, to amplify their jurisdiction, and from a sense of their duty to God and the King published a declaration,

Page 261

requiring the inhabitants of the county of York to yield obedience to the laws of the colony, and to chuse officers within the several towns as they had done before the late interruption. As this proceeding was made one of the grounds of complaint against the colony, a more particular account of it may not be improper.

THE declaration of the court was of the form following.

WHEREAS this colony of the Massachusets in ob|servance of the trust to them committed by his Majesty's royal charter, with the full and free consent and submission of the inhabitants of the county of York, for sundry years did exercise government over the people of that county, and whereas about three years now past, some interruption hath been made to the peace of that place and order there established, by the imposition of some who pretending to serve his Majesty's interest with unjust aspersions and reflections upon this government here established by his royal charter, have unwarrantably drawn the inhabitants of that county to submission unto officers that have no royal warranty, thereby infringing the liberty of our charter and depriving the people now settled of their just privileges, the effect whereof doth now appear to be, not only a disservice to his Majesty, but also the reducing a people that were found under an orderly establishment to a confused anarchy: The premises being duly considered, this court doth judge meet, as in duty they stand bound to God and his Ma|jesty, to declare their resolution again to exert their power of jurisdiction over the inhabitants of the said county of York, and do hereby accordingly, in his Ma|jesty's name, require all and every of the inhabitants there settled, to yield obedience to the laws of this colony as they have been orderly published, and to all such officer as shall be there legally established by authority of his Majesty's royal charter and the order of our commis|sioners, whom this court hath nominated and impowered to settle all affairs necessary for the government of the people there, and to keep a court this present summer

Page 262

the first Tuesday in July, at York town, as hath bee formerly accustomed, and for that end we have com|manded our secretary to issue out warrants to the inha|bitants there in their respective towns to meet to chuse jurors, both grand and petit, constables and other officer for the service of that county as the law requireth, the said warrant to be directed unto Nathanael Masterson, who is by this court appointed marshal of that court as formerly, and by him the said warrants are to be de|livered to the several constables to be accordingly exe|cuted, a due observance whereof, with an orderly return to be made to the court to be held as aforesaid, is hereby required of all persons respectively concerned as they will answer the contrary at their peril.

By the court, Edward Rawson, secr'y."

THE commissioners appointed were Major General Leveret, Mr. Edward Tyng,* 7.3 Capt. Waldron,* 7.4 and Capt. Pike.* 7.5 They made reurn to the general court who gave them thanks for their good services, allowed and approved of what they had done, and ordered their proceedings to be entered upon their records as followeth.

UPON receipt of this courts commission which is recorded in the last session▪ we presently appointed Peter Wyer clerk of the writs, and hearing Masterson, appoint|ed by the court, was imprisoned, we appointed another marshal, by warrant under our hands, but the former marshal being set at liberty the other did not act. The court being by law to be kept in York the first Tuesday of July 1668, being the 7th day of the month, we re|paired to York upon Monday the 6th day. Mr. Jocelin and several others stiled justices of the peace, coming nigh to the ordinary where we were before the door, after salutes passed, they told us they desired to speak with us in the morning. To their desires we complied and gave them a meeting, where we acquainted them

Page 263

we were ready to hear what they had to say, but not as sent to treat with them about what we had to do by virtue of the general court's commission. They acquainted us that they had lately received, in a pacque from Col. Nichols, his letter to the governor and magi|strates of the Massachusets colony, which they desired us to read, and first their commission, the which we read, and having read them, we told them that those concerned the general court and had been under their consideration, all but the letter from Col. Nichols, and that they had sent their declaration into the county, so that we had nothing to say, only that we did not un|derstand that the commissioners had power to make any such temporary settlement, his Majesty having before him the case, for that the Massachusets had in obedience sent their reasons why they did not deliver up the go|vernment of that country to Mr. Gorges, which was according to his Majesty's command. Then Mr. Jocelin told us there was not above five or six of a town for us; to which we replied, we should see by the returns made to the court's warrants and appearances, and further told them we must attend our commission, in prosecution whereof we should attend his Majesty's and the counry's service, not our own, and if we met with opposition we should advise what to do. Many other things passed, but with mutual respect. They said they must at|tend their commission. We parted and repaired to the meeting-house, and there opened the court by read|ing our commission publicly and declaring to the people wherefore we came, whereto there was great silence and attention. Then by the marshal we called for the town returns to be brought in for the election of associates,* 8.1 and returns were made from five towns, the other two being hindred (as they said) by the justices, yet in one of them above half the electors sent in their votes.

Page 264

Whilst the court was busy in opening, sorting and telling the votes, the justices came, and without doors, by some instrument, made proclamation that all should attend to hear his Majesty's commands, upon which orders were given to the marshal, and accordingly he made procla|mation, that if any had any command from his Majesty, they coming and shewing it to the court, the court was open and ready to hear the same. Thereupon these gentlemen came in and manifested their desire that what they had shewn to us in private might be read in court to the people; to whom we replied, that the court was in the midst of their business in opening the returns of the county from the several towns of election, and so soon as that was over, and after dinner, they should have their desire granted; so they left us, and we proceeded to see who were chosen associates, had the returns of the jurymen and their names entred, both the grand jury and that of trials, also of the consta|bles, but did not swear any one, but adjourned the court and went to dinner; in which time we heard that the gentlemen were going to the meeting-house to sit as an assembly, they having before issued out their warrants for the towns to send their deputies, whereupon we sent to speak with them after dinner. They rturned they would, provided we would not proceed any further till we spake with them. We sent them word we did en|gage it. They sent us word they would meet with us at the meeting-house, and presently after their marshal and Nathaniel Phillips went up and down, an at all public places published a paper or writing, whom meet|ing upon their return, it was demanded what, and upon what authority, they had published to the people to make a disturbance, they answered, they published what they had in the King's name; they were demanded to shew their order or authority; they answered, that was for their security; so refusing to shew it they were com|mitted to the marshal. Then we went to court, where we found the house full and the gentlemen to have taken

Page 265

up our seats, so room being made, we went up to them and told them we expected other things than that they would have put such an affront upon the court, nor should motions hinder us from prosecuting our commis|sion; we could keep the court elsewhere. Some of the people began to speak, but we commanded silence, and the officer was commanded by us to clear the court, where|upon Mr. Jocelin spake to some nigh him to depart; so they coming from their seat we came to private discourse▪ and they insisted to have their commission and the King's mandamus of 1666 to be read; we told them we would perform what we had promised when the court was set, so we repaired to our seat, and they being set by us desired that their commission might be read, which was done, and the grounds of it expressed to be from the people's petitioning, who were told that they could best give answer thereto, but said nothing; then that part of the mandamus of 1666 which they desired might be read, was read. After which they desired that Colonel Nichols's letter to the governor and magistrates of the Massachusets might be read, but that not being of con|cernment to them there, save only for information of the justices of what had passed from him to the governor and magistrates to whom it was directed, it was refused; some short account being publicly given, that that which had been read, for the matter, having been before under the consideration of the general court, they had the de|claration of their intendments, in prosecution whereof we were commissionated to keep court and settle the country, which work we had begun and, God willing▪ would prosecute, to perform the trust committed to us, and have declared to the people that we were not insen|sible how that at the time of the interruption of the go|vernment, in the year 1665, by such of the gentlemen of the King's commissioners as were then upon the place▪ they had manifested their displeasure by telling the peo|ple that the Massachusets were traitors, rebels, and diso|bedient to his Majesty, the reward whereof, within one

Page 266

year, they said, should be retributed, yet we told them▪ that through the good hand of God and the King's favor the Massachusets were an authority to assert their right of government there, by virtue of the royal charter derived to them from his Majesty's royal predecessors, and that we did not doubt but that the Massachusets colony's actings for the forwarding his Majesty's service, would outspeak others words, where there was nothing but words for themselves or against us. Which done, the gentlemen left us, and we proceeded to the work of the court, to impannel the grand jury, gave them their oaths and charge, and then the associates present we called to take their oaths, one of them, viz. Mr. Roger Plaisted, ex|pressed publicly that he was sent by the town he lived in, accordingly he had applied himself to the major-general more privately, to know how we reassumed the government, and how they were to submit to it, which he now mentioned in public that he might render him|self faithful to them that sent him; to which he was answered in public as he had been in private, that we reassumed the government by virtue of the charter, and that they were to have the like privileges with ourselves in the other counties. We had also from Scarborough a paper presented, which we herewith present to the court. Then having sworn the constables present, im|pannelled the jury for trials, sworn them, and committed what actions were entred and prosecuted to them, in which time the gentlemen sent to desire that at our leisure time they might speak with us; they were sent for and presented us with a paper. After we had re|ceived it, we attended to settle the business of the mili|tary officers and trained bands, and commissionated for York, Job Alcock lieutenant, Arthur Bragdon ensign, for Wells John Littlefield lieutenant, Francis Littlefield jun. ensign, for Scarborough Andrew Augur lieutenant, for Falmouth George Ingerfield lieutenant, for Kittery Charles Frost captain, Roger Plaisted lieutenant, John Gaffingsley ensign, for Saco Bryan Pendleton major, and he

Page 267

to settle Black-point. Mr. Knight of Wells, the morning before we came away, being Thursday the 9th of July came and took his oath in court to serve as an associate. The court made an order for a county court to be held the 15th of September there at York, and for that end continued the commission to Capt, Waldron, Capt. Pike, and others, for the better strenghening the authority upon the place, as by their commission may appear. The associates that are now in place are Major Pendleton, Mr. Francis Cotterell, Mr. Knight of Wells, Mr. Rayne of York, Mr. Roger Plaisted of Kittery. Which is hum|bly submitted to the honorable general court as the return of your servants

The 23d of October 1668.

  • John Leveret
  • Edward Tyng
  • Richard Waldron."

THIS proceeding of the Massachusets was reported and published by Jocelyn * 8.2 in a more unfavorable light, and

Page 268

as an act of greater force and violence. Indeed, he do•••• not pretend that there was any opposition made by the in|habitants, but only by the particular persons appointed by the commissioners to govern there, and it always appeared to be the desire of a great part of the people to live under the government of the Massachusets.

THE people of New Hampshire had continued in a quiet and orderly state ever since the year 1641. There was no person who had any pretence to the powers of government. Mason having only a grant of the soil from the council of Plimouth, but Sir Ferdinando Gorges received a royal char|ter, granting the same royalties, privileges and franchises as are of right or ought to be enjoyed by the bishop of Dur|ham, in the county palatine of Durham, with power to con|stitute a deputy governor, a chancellor, a treasurer, a marshal, a judge of admiralty, officers of admiralty for ordering ma|ritime affairs, master of ordnance, a secretary, &c. and by repeatedly nominating some such officers and attempting to establish a form of government consisting of different per|sons from those appointed by the Massachusets, there were always two different parties and interests kept alive in that province. New-Hampshire had been so long united to the Massachusets that the people of both colonies were of one heart and mind in civil and religious affairs. The town of Portsmouth shewed an instance of their great re|gard to the public interest, and in 1669 made a collection, as it is termed in the instrument presented to the general court, more probably a subscription, of sixty pounds per annum, for the term of seven years, for the use of Har|vard college, to be paid into the hands of the overseers,

Page 269

and they say they hoped to make it more.* 8.3 The colony about this time made a greater figure than it ever did at any other time. The report made by the commissioners to the King had produced no further troubles from Eng|land. The plague, the fire of London, the discontents among the people of England, caused by their jealousies of a design to subvert the constitution there, may well e|nough be supposed to have been the cause of a respite in favor of the people here. The Massachusets governed without opposition the province of New-Hampshire and province of Main, and were beginning settlements even further eastward. The French were removed from their neighbourhood on the one side, and the Dutch and Swedes on the other. Their trade was as extensive as they could wish. No custom-house was established. The acts of parliament of the 12th and 15th of King Charles the second, for regulating the plantation trade, were in force, but the governor, whose business it was to carry them into execution, was annually to be elected by the people, whose interest it was that they should not be observed. Some of the magistrates and principal merchants grew very rich,* 8.4 and a spirit of industry and oeconomy prevailed through the colony. But a change of affairs came on soon after.

MR. Bellingham continued governor in 1671 and 1672.* 8.5* 8.6 Mr. Leveret was chosen deputy governor both those years, and in 1673 he succeeded Mr. Bellingham in the place of

Page 270

governor, when Mr. Samuel Symonds was chosen deputy governor.

THE strict union, which had been from the be|ginning between the civil and ecclesiastical parts of the constitution, was about this time in danger of being broke, or greatly weakned. After Mr. Wilson's death, the first church in Boston invited Mr. Davenport, the minister of New-Haven, to succeed him. He was then about 70, had gone into the wilderness with persons closely attached to him, and remained with them about 30 years, and they were extremely averse to his leaving them; and besides, he was at the head of a party more strict and rigid than the body of the people of the country, for he had always opposed the admitting to baptism the children of any who were not in full communion with one or other of the churches. It is not strange that there should have been a party of Boston church which opposed his settlement. The two parties in this church, the first in rank (although the church of Salem was the oldest) in the country, pro|duced two parties, not in the other churches only, but in the state also. A considerable part of the church, both for number and estate, formed themselves, as has been ob|served, into a separate society. Seventeen ministers* 8.7 bore a public testimony against the proceedings of the three elders* 8.8 of the first church in Boston, viz. against Mr. Davenport

Page 271

for leaving his church at New-Haven, contrary to his pro|fessed principles, and against all of them for communicating parcels only of letters from the church of New-Haven to the church in Boston, by which artifice the church was deceived, and made to believe the church of New-Haven consented to his dismission, when if the whole had been read, it would have appeared they did not. This testimo|ny was sent to the elders the day before a public fast. An answer was given, in which the elders deny that the letters concealed would have been evidence of the refusal of the church of New-Haven to consent to Mr. Daven|port's leaving them and settling at Boston, the church was only unwilling to make his dismission their immediate act. Neither the church of New-Haven nor the elders of the church of Boston can be wholly justified. There does not seem to have been that fairness and simplic t in their proceedings which the gospel requires. The first church refused the invitation of the new society to join with other churches in ordaining their officers, &c. The mi|nisters and members of churches in the colony were en|gaged, some on one side and some on the other, and the contentions were sharp;* 8.9 at length the house of deputies espoused the cause of the first church, and having at their session in May 1670 appointed a committee to enquire into the prevailing evils which had procured or been the cause of the displeasure of God against the land, they reported, among other causes, these that follow, viz.

Page 272

Declension from the primitive foundation work, inno|vation in doctrine and worship, opinion and practice, an invasion of the rights, liberties and privileges of churches, an usurpation of a lordly and prelatical power over God's heritage, a subversion of gospel order, and all this with a dangerous tendency to the utter devasta|tion of these churches, turning the pleasant gardens of Christ into a wilderness, and the inevitable and total extirpation of the principles and pillars of the congre|gational way; these are the leaven, the corrupting gan|grene, the infecting spreading plague, the provoking image of jealousy set up before the Lord, the accursed thing which hath provoked divine wrath, and doth fur|ther threaten destruction.
They then take notice of the late transaction of churches and elders in constituting the third church in Boston, as irregular, illegal, and disorderly.* 8.10

SEVERAL of the ministers at the next session of the general court presented a petition or address, acknow|ledging the great goodness of God in favoring the land for so long a time with a godly and able magistracy, and desiring that it might also be remembered that the people were led forth into this wilderness not only

by the hands of Moses, but also of Aaron, viz. that reverend ministry which had transported the ark of the covenant, the pre|sence of God in his ordinances settled in gospel order.
This being premised they solemnly professed that they still adhered to the safe and sober principles of the congrega|tional way, in opposition to separation, morellian or anar|chical confusion and licentious toleration. This profession they made, to vindicate their integrity and innocency from the unjust charge of innovation and loud cry of apostacy laid upon the generality of the ministry, heightened by the

Page 273

reports of the committee chosen by the house of deputies in their last session, and the votes of the major part of the house. They go on and say, that

this charge evidently appears to be the transports of a party, by instancing the business of the third church, and so designing to hinder the consummation of that work of God, in the peaceable settlement thereof in actual and full communion with other churches, and by misrepresenting that weighty and wor|thy transaction, before inquiry had been made into the state of the case. These things were matters of great grievance, inasmuch as an antiministerial spirit had thereby been strengthened and emboldened, the hearts and hands of those who labored in the ministry weakened, the spirits of many being filled with groundless jealousies and suspicions against the ministrations of the elders. They made this humble representation in hopes of redress, either by being called upon publicly to vindicate themselves, or by the court's moving for a general convention of churches by their elders and messengers, for the decision of questions and accommodation of differences, or by such other means and measures as to the wisdom of the court should seem meet.
* 8.11

THE court took this address into their immediate con|sideration, and having first asserted their own authority, and that the acts of the court were not liable to question by any, and that free debates were the indubitable right of the court, they then acknowledged, that in an hour of temp|tation such acts may pass in one court as may, according to principles of religion, prudence and state interest, be re|viewed, and upon mature deliberation be rectified in another; and in the case then under consideration the court thought it their duty to declare, that several expressions in the votes referred to in the petition appeared exceptionable; and, that the court might remove all just grounds of grievance in

Page 274

the hearts of the reverend elders, and that their ministry might not be made ineffectual by that antiministerial spirit that too much ran through the country, it was ordered that all papers referring to the case should be accounted useless, and not be improved against the reverend elders, as having been the cause of God's displeasure against the country; and whereas many had taken upon them to publish the secrets of the court in that case, the court further decared, that they knew no just cause of those scandalizing reflections indefinitely cast upon magistrates, elders and churches, either in reference to the new church in Boston or otherwise, and therefore, until they were further informed, they judged them to be innocent, calum|niated and misrepresented. The court then profess, that they will adhere to the primitive ends of their coming over, and retain the sober principles of the congrega|tional way and the practice of their churches,

in their purest and most athletick constitution.
* 8.12

I HAVE been more particular in relating this transaction, because it gives us a pretty good idea of the connection be|tween the civil and ecclesiastical power, the churches, not|withstanding their claim to independency, being liable to controul as oft as their proceedings were disapproved by the civil magistrate, and on the other hand, the ma|gistrates, who were annually elected, being sometimes liable to be displaced by the influence of the clergy in elections, when their proceedings were supposed to bear hard upon the liberties of the churches, for the clergy still retained a great proportion of the weight they had at the begin|ning. Indeed parishes were multiplied in the colony, many of them small, and in new settlements. The stipends to the ministers were lessened, and soon after this time some of them complained, as many curates do in England, "that they prophecied in sackcloth." Notwithstanding

Page 275

this, as long as the charter continued, their influence in the affairs of government continued, as we shall have fur|ther occasion to observe.

THE war with the Indians, commonly called Philip's war, endangered the very being of the colony, and it was a question with some, whether the Indians would not prevail to a total extirpation of the English inhabitants. At the first arrival of the English, the Indians were treat|ed with kindness, to obtain their friendship and favor; but they having no acquaintance with fire-arms, the Eng|lish grew by degrees less apprehensive of danger, finding by means of corslets or armour that they were not much exposed to danger from bows and arrows of so simple con|struction as those of the Indians. The quarrels which the Indians had always been engaged in amongst them|selves were a further security to the English, who on the one hand endeavoured to restrain them from an open war with one another, and on the other to keep up so much contention as to prevent a combination, and to make an appeal to the English, as umpires, necessary from time to time. The English, before their arrival, had such ideas of the Sachems, that at the first meetings respect was shewn them, in some proportion to what would have been required by the Prince of a petty state in Europe; but the base sordid minds of the best of them, and the little authority they had over their own subjects soon rendered them contemptible. At New-Plimouth, the governor in the first treaty with Massasoiet, in 1620, acquainted him that King James considered him as his good friend and ally. This was too great an honor for Massasoiet, he was con|tent to acknowledge the King to be his sovereign. The next year the governor caused the petty sachems to sign an instrument, in which they owned themselves to be subject to King James.* 8.13 Subjects, was a word of which

Page 276

they had no precise idea. For near forty * 8.14 years togethe▪ they were under no great concern, or of no long continu|ance, in that colony from the neighbouring Indians, Massa|soiet or Ousamequin always courting the friendship of the English. After his death * 8.15 and the death of his eldest son Wamsutta or Alexander, Metacom or Philip * 8.16 his second son a man of great spirit, by his behavior raised suspicions of a design against the English, but appearing before the court in Plimouth in 1662 he expressed his desire to con|tinue in friendship, and promised that he and his successors would always remain faithful subjects to the Kings of England, and that he would never alienate his lands, and

Page 277

never make war with any other Indians without the privity and allowance of the government of New-Plimouth.* 8.17 The Indians within the Massachusets bounds were not un|der one general Sachem, but divided into smaller cantons. These, one after another, were brought to acknowledge their subjection to the Massachusets government, particu|larly in 1643, when danger was apprehended from the Naragansets, five Sachems subjected themselves by the same instrument.* 8.18 Besides rules and orders which they were encouraged to make for their own government, for any offence against the English they were punished by the English laws, and so likewise for any capital or heinous of|fence among themselves. The case of a squaw convicted of adultery was referred to the elders, for advice whether she should die or not. They were merciful to her and she escaped with a smart whipping. Notwithstanding the laws to restrain all persons from selling guns or ammuni|tion to the Indians, they were generally furnished with both, and were become good marksmen.

IN 1670 the Pokanoket or Philip's Indians were agai suspected, by their frequent assembling together, by fixing up their guns, grinding their hatchets, and other prepara|tions, and by insults offered to the English in different

Page 278

places, to be meditating a general war. The government of Plimouth, in March, sent messengers to them to inquire into the reason of this behavior, and at the same time wrote to the Massachusets, acquainting them therewith. The governor and magistrates, always averse to an open breach, immediately dispatched their own messengers* 8.19 to Taunton, to prevent a war if possible, which Plimouth had intimated that they should be obliged to begin, if they could not otherwise bring the Indians to reason. They met at Taunton the 13th of April, where the governor* 8.20 and two other of Plimouth gentlemen* 8.21 met with them, and whilst they were in conference and examining wit|nesses concerning the behavior of the Indians, the gover|nor received a message from Philip, signifying that he was at three mile river, and that he desired the governor to come thither to speak with him. The governor returned answer* 8.22 that he was at Taunton ready for a treaty, and expected Philip to come to him, promising security. Philip refused to move until two of the governor's messengers* 8.23 offered to remain as hostages, and then he declined coming into the town, and resolved to go on as far as the mill, with all his men in arms, desiring the governor to come to him there. This return was made to the governor, with further intelligence that Philip was on the march with all his men in arms, and soon after he appeared at the mill, placing centinels round a hill near to it, but sent no mes|sage into the town. Some within the town were for attacking him, but the Massachusets commissioners were afraid of the event and would not consent to it. All agreed that the governor should not condescend to go out to him. At length the Massachusets commissioners offered to go out and try to persuade him to come in. At first he was unwilling, and his counsellors declared he should not go, but finally he consented, provided his men might go

Page 279

with him, they to be on one side of the meeting-house and the English on the other. Philip denied that he had any further purpose in bringing his men together and arming them, than to defend himself from any attacks which might be made by the Naraganset Indians, some of whom had been engaged in quarrels with some of his people; but upon enquiry it appeared, that he was on better terms with the Naragansets than ever before, and plentiful evidence being produced of his preparations both of ammunition and provisions, and of parties of his men being destined for the attack of Taunton, Seaconk, and other places, he was confounded and made a full con|fession. Such improvement was made of it by the com|missioners that they required of him satisfaction for past damages and security against future injuries. The first was not long insisted on, but with respect to the latter, he was prevailed on to deliver up what English arms he then had with him, being about 70 guns, and to promise to send in the remainder in a few days. A writing was also drawn up, which he consented to sign, acknowledging his past breach of faith, and promising future fidelity.* 8.24

THE loss of so many guns must have been grievous to Philip at a time when he only waited a good opportunity of falling upon the English. His submitting to the

Page 280

acknowledgment in writing was of no consequence. The Indians, in general, will promise any thing required of them to remove an impending danger, or to procure an imme|diate benefit, and they regard such promises not a minute longer than it is for their advantage to do it. When Philip was at liberty he thought no more of his engagements, the guns were not brought in, and he himself refused to come to Plimouth, when required. Many strange Indians resorted to him. On the 23d of August Mr. Morton secretary, in the name of the court of Plimouth, wrote to the Massachusets governor, to be communicated to the council, acquainting him that they had summoned Philip to appear on the 13th of September, that if he did not do it they had determined on the 20th to send out forces to reduce him to reason, unless better reason should sea|sonably appear to them, by the Massachusets advice, to prevent it, that it was a common cause, and they should well accept of assistance, but it was plainly intimated that if aid should be refused they would engage alone. Philip happened to come to Boston, with his counsellors, the same day the letter was received, and represented his case so favorably to the governor and council, that, in their answer to Plimouth, they urged that government to refer the difference between Philip and them to commissioners from the Massachusets and Connecticut.* 8.25 Plimouth de|clined this proposal and insisted on Philip's appearance at the time proposed,* 8.26 but finally the Massachusets declaring

Page 281

that there did not appear sufficient grounds for commenc|ing hostilities, Plimouth consented to give Philip further time until the 26th, promised him safe conduct, and de|sired commissioners from Massachusets and Connecticut to be present and give advice. Whilst Philip was at Boston

Page 282

he engaged that he would not enter into a quarrel with Plimouth until he had first addressed himself to the Massa|chusets for advice and approbation.

THE mediators met at Plimouth, and matters seemed to be accommodated, Philip signed to such articles as it was thought reasonable he should do, and were as follows.

"WE Philip and my council, and my subjects, do acknow|ledge ourselves subject to his Majesty the King of England and the government of New-Plimouth, and to their laws.

"2dly. I am willing and do promise to pay unto the government of Plimouth one hundred pounds in such things as I have, but I would intreat the favor that I might have three years to pay it in, forasmuch as I cannot do it at present.

"3dly. I do promise to send unto the governor, or whom he shall appoint, five wolves heads, if I can get them, or as many as I can procure, until they come to five wolves yearly.

"4thly. If any difference fall between the English and myself and people, then I do promise to repair to the governor of Plimouth to rectify the difference amongst us.

"5thly. I do promise not to make war with any but with the governor's approbation of Plimouth.

"6thly. I promise not to dispose of any of the lands that I have at present but by the approbation of the governor of Plimouth.

"FOR the true performance of the premises. I the said Sachem Philip of Pawkamauket, do hereby bind myself and such of my council as are present, ourselves, our heirs, our successors, faithfully. In witness whereof we have hereunto subscribed our hands the day and year above written.* 8.27

IN the presence of the court and divers of the gentlemen of the Massachusets and Connecticut.

The mark P of Philip the Sachem of Pawkamauket The mark 〈☐〉〈☐〉 of Uncompan The mark 〈☐〉〈☐〉 of Wotokom The mark 〈☐〉〈☐〉 of Samkana.

Page 283

THE English have been charged by some writers with acts of injustice to the Indians, which have provoked them and occasioned the frequent wars. There have been many instances of abuses offered to particular persons among the Indians by evil minded Englishmen, and the inhabitants of some parts of the province which have suf|fered most by Indian cruelties, may have been under too strong prejudices, and by this means offenders, when brought upon trial, may have been acquitted by too fa|vorable juries. We are too apt to consider the Indians as a race of beings by nature inferior to us, and born to servitude. Philip was a man of a high spirit, and could not bear to see the English of New-Plimouth extending their settlements over the dominions of his ancestors; and although his father had, at one time or other, conveyed to them all that they were possessed of, yet he had sense enough to distinguish a free voluntary covenant from one made under a sort of duresse, and he could never rest until he brought on the war which ended in his de|struction. The eastern wars have been caused by the attachment of those Indians to the French, who have taken all opportunities of exciting them to hostilities against the English.

FROM 1671 to 1674* 8.28 we meet with no transaction of moment relative to the Indians,* 8.29 but it is affirmed that Philip was all this time using measures to engage the

Page 284

Indians in all parts of New-England to unite against the English. The Indians about Hadley confessed such a plot. The Naragansets had engaged to bring four thousand men. This could not be done immediately. The English were upon the watch. Some fire-arms had been taken from the Indians. To provide sufficient arms, ammunition and provisions, whilst under suspicion, was a work of time. They did not expect to be prepared be|fore the spring of 1676, but Philip precipitated his own nation and his allies into a war before they were prepared. This was evident from the distraction of the Indians in all parts of New-England, upon the first news of the distur|bance

Page 285

from Philip. They were amazed, not knowing which way to turn, sometimes ready to declare for the English, as they had been used to do in the former con|tests with Philip, at other times inclining to join with Philip, as first or last most of them did. The war was hurried on by a piece of revenge, which Philip caused to be taken upon John Sausaman a praying Indian. He had been bred up in the profession of the christian religion, was some time at the college, and afterwards employed as a schoolmaster at Natick, but upon some misdemeanor fled to Philip, who made him his secretary and chief counsellor and confident. After remaining some years with Philip, Mr. Eliot the Indian evangelist, who had been his spiritual father, prevailed with him to return to the christian Indians at Natick, where he manifested public repentance for his apostacy and became a preacher, and conformed more to the English manners than any other Indian. In the year 1674 Sausaman upon some occasion went to Namasket (Middleborough) where he fell into company with some of Philip's Indians, and with Philip himself. There, he discovered by several circumstances that the Indians were plotting against the English. He informed the governor what he had discovered, and told him that if he should be known to be the informer it would cost him his life. It was not long after, that Sausa|man was met by three or four Indians upon a frozen pond, they knocked him down and put him under the ice, leav|ing his gun and hat upon the ice to make the world be|lieve that he accidentally fell in and was drowned. When the body was found and taken up the wounds appeared upon his head. An Indian happened to be upon an hill at a distance, and saw the murder committed. He con|cealed it for some time, but at length discovered it. The murderers were apprehended, tried upon the Indian's tes|timony and other circumstances, convicted and executed, two of them denying the fact to the last, the third, when he came to die, confessing he was a spectator of the mur|der committed by the other two. This trial was at Pli|mouth

Page 286

in June 1675.* 8.30 Philip, enraged to see the imme|diate actors brought to punishment by the English laws, and expecting that it would be his own turn next, being conscious that the murderers were employed by him, took no pains to exculpate himself, but gathered what strangers he could, and together with his own men, marched them up and down the country in arms. The English of Plimouth ordered a military watch in every town, but took no other notice of the Indians behavior, hoping, that when Philip saw no measures were used for apprehending him, the threatned storm would blow over, as it had done several times before. But the Indians coming into him from seve|ral quarters, gave him fresh courage and he behaved with insolence, first threatning the English at Swansey, then killing some of their cattle and at length rifling their houses.* 8.31 An English man was so provoked, that he fired upon an Indian and wounded him.* 8.32 June 24th in the morning, one of the inhabitants of Rehoboth was fired up|on by a party of Indians, and the hilt of his sword shot off.* 8.33 The same day in the afternoon, being a fast, as Swanzey people were coming from public worship, the

Page 287

Indians attacked them, killed one and wounded others, and killed two men who were going for a surgeon, beset a house in another part of the town and there murdered six more. The Massachusets, before this, had determined to raise 100 men for the assistance of Plimouth, but, before they marched, it was thought best to send messengers to Philip at Mount Hope* 8.34 to divert him from his design if possible, but the messengers, seeing some of the Swanzey men lying murdered in the road, did not think it safe to go any further, and returned as fast as they could with this intelligence to Boston. On the 26th, a foot company under Capt. Henchman, and a troop under Capt. Prentice marched from Boston towards Mount Hope, and were overtaken by another company of 110 volunteers under Capt. Mosely,* 8.35 and all arrived at Swanzey the 28th, where they found Plimouth forces under Capt. Cudworth. They made the minister's house, (Mr. Miles* 8.36) near the bridge, their head quarters. About a dozen of the troop went immediately over the bridge where they were fired upon from out of the bushes, one killed and one wounded. This action drew the body of the English forces after the enemy, whom theypur sued a mile or two until they took to a swamp, killing about half a dozen of them. Philip thought it best to qui is station at Mount Hope. A day or two after, Major Savage * 8.37 being arrived with more forces

Page 288

from Boston and a general command, marched into the In|dian towns * 8.38 which they found deserted, with marks of great haste. They discovered Philip's wigwam amongst the rest. They met with none of the enemy. The next day they returned to their head quarters at Swanzey. It is not my design to enter into every minute circum|stance of the war.* 8.39 The Massachusets government sent Capt. Hutchinson as their commissioner to treat with the Naragansets.* 8.40 It was thought convenient to do it sword

Page 289

in hand, therefore all the forces marched into the Nara|ganset country. Connecticut afterwards sent two gentle|men in behalf of that government, and, on the 15th of July, they came to an agreement with the Naraganset In|dians, who favoured Philip in their hearts, and waited only a convenient opportunity to declare openly for him, but whilst the army was in their country were obliged to sub|mit to the terms imposed upon them.* 8.41

Page 290

ASSOON as the treaty was finished, the forces left the Naraganset country and came to Taunton, the 17th in the evening. Hearing that Philip was in a swamp at Po|casset, the Massachusets and Plimouth forces joined, and arrived at the swamp the 18th, which they resolutely entred. They found about one hundred wigwams empty. The enemy had deserted them and retired deeper into the swamp. The English followed, but in disorder, which was inevitable, penetrating a thick swamp. They found they were in danger one from another, every man firing at every bush he saw shake. Night coming on, it was ne|cessary to retreat. They lost fifteen men. How many

Page 291

they killed of the enemy is uncertain. It was an unsuc|cessful attempt, and the more unfortunate because, as they were afterwards informed, Philip was in such distress that if they had followed him half an hour longer he would have surrendered himself and his men, which would have put an end to the war.* 9.1 This disappointment encouraged the Indians in other parts of New-England to follow Philip's example, and begin their hostilities against the English. Some few had begun before. The Nipnet or Nipmuck Indians had killed four or five people at Men|don in the Massachusets colony, the 14th of July. The governor and council, in hopes of reclaiming the Nipnets, sent Capt. Hutchinson with 20 horsemen to Quabaog (Brookfield) near which place there was to be a great ren|dezvous of those Indians. The inhabitants of Quabaog

Page 292

had been deluded with the promise of a treaty, at a 〈◊〉〈◊〉 agreed upon, the 2d of August. Some of the principal of them accompanied Capt. Hutchinson thither. Not finding the Indians there, they rode forward four or five miles, towards the Nipnets chief town. When they came to a place called Meminimisset, a narrow passage between a steep hill and a thick swamp, they were ambushed by two or three hundred Indians, who shot down eight of the company, and mortally wounded three more, Capt. Hut|chinson * 9.2 being one of the number. The rest escaped through a by path to Quabaog. The Indians flocked into the town, but the inhabitants, being alarmed, had all ga|thered together in the principal house. They had the mortification to see all their dwelling houses, about twenty, with their barns and outhouses burnt. The house where they had assembled was then surrounded, and a variety of attempts mde to set fire to it. At length the Indians filled a cart with hemp and other combustible matter, which they kindled, and, whilst they were thrusting it toward the house, a violent shower of rain fell suddenly and extinguished the fire.* 9.3 August 4th, Major Willard, who had been sent after some other Indians westward, hear of the distress of Brookfield, when he was about 4

Page 298

or 5 miles from Lancaster, which caused him, with 48 men, to alter his course, and the same night he reached Brookfield, after 30 miles march; and though the Indian scouts dis|covered him and fired their alarm guns, yet the main body, from their high joy, always accompanied with a hor|rid noise, heard nothing of them. Willard joined the besieged,* 9.4 and the Indians immediately poured in all the shot they could, but without execution, and then quitted the siege and destroyed all the horses and cattle they could find and withdrew to their dens. They were not pursued, being much superior in numbers. The English were not yet used to fighting. A party likewise were sent from Springfield to the relief of Brookfield. Finding it effected, they returned, meeting none of the enemy. Philip and his people continued in the swamp at Pocasset until the last of July. After several skirmishes with Captain Church and other parties, they escaped from the swamp, notwithstanding the Massachusets forces kept their guards round it, and went away to the westward, without being very closely pursued, the reason of which, Mr. Hubbard says, it is better to suspend than too critically to enquire into. The 5th of August, Philip with about forty men, besides women and children, joined the Nipmuck Indians in a swamp ten or twelve miles from Brookfield.* 9.5 The

Page 294

Indians upon Connecticut river near Hadley, Hatfield and Deerfield, began their hostilities about the same time, as also those at Penicook and other places upon Merrimack river, so that, before the end of August the whole Massa|chusets colony was in the utmost terror. Philip having left Plimouth, and the Naragansets not having engaged, that colony was less affected. There were several skir|mishes about Hatfield, viz. at Sugarloaf-hill, at Deerfield and Squakeag, (Northfield) the latter end of August and beginning of September, in which the English, upon the whole, were losers. September the 1st, Hadley was at|tacked upon a fast day, while the people were at church, which broke up the service and obliged them to spend the day in a very different exercise.* 9.6 The commanders in that part of the country, not being able to do much service by sending out parties, determined to garrison the towns, and to collect a magazine of provisions at Hadley. There being about 3000 bushels of corn at Deerfield in stacks, Capt. Lothrop with 80 men was sent to guard it down in carts, and were set upon by seven or eight hundred Indians, and all the English but seven or eight were cut off. Capt. Lothrop and his men fought bravely, but in the Indian manner, betaking themselves to trees, which in so great a

Page 295

disproportion of numbers, must be inevitable destruction▪ for many of the lesser party must be unguarded and ex|posed. Capt. Moseley, who was quartered at Deerfield, came out with his company too late to rescue Lothrop, but, keeping his men together in a body, fought the whole number of Indians for several hours with the loss of two men only, until Major Treat with about 160 Mohegi Indians came to his aid and put the enemy to flight. This was a heavy stroke to the county of Essex, to which most of Capt. Lothrop's company, being young men, be|longed. A body of Indians, who had a fort about a mile from Springfield, had hitherto professed great friendship to the English, but Philip's Indians prevailed with them to join in a plot for the destruction of the town, and to receive in the night three hundred of those Indians into the fort. It was discovered the night before by Top, a Windsor Indian, which, altho' it saved the lives of many of the Inhabitants, yet was no security for their dwellings, thirty odd houses, besides barns, &c. being burnt before forces came from Westfield, Hadley, and other parts, to repel the Indians.* 9.7 The 19th of October, they came with

Page 296

all the force and fury they could raise upon Hatfield, but were repulsed, the Connecticut and Massachusets forces being, by good providence, at hand so as to prevent any great loss. This discouraged them from continuing any longer in that part of the country, and they withdrew to the Naragansets, their general rendezvous. Some strag|glers remained until the end of November, and a few

Page 297

lurked in the swamps all winter, doing now and then some mischief, enough to keep the inhabitants upon constant watch and guard. In November a party was sent out under Capt. Henchman to Hassanimisco (Grafton) Men|don, and the towns thereabout. They returned without any remarkable exploit.

THE Naragansets,* 9.8 contrary to their engagements, had received and comforted Philip's Indians and others, the enemies of the English. It was not doubted that some of

Page 298

that nation had mixed with the others in their hostilities. If they should all openly engage in the spring there would be no resisting them; scattered in every part of the coun|try, all the forces the English could raise would not be a match for them. One company of soldiers after another had wasted away in the year past. There was no great room to hope for better success in the year to come. The commissioners of the united colonies therefore agreed to raise one thousand men, and to march in the winter into the Naraganset country. The Massachusets were to raise 527, the other two colonies the remainder. Mr. Winslow* 9.9 the

Page 299

governor of Plimouth was pitched upon for the general. The 8th of December, the Massachusets forces marched from Boston, and were soon after joined by Plimouth men. Connecticut men joined them, the 18th, at Pettyquamscot. The evening and night were stormy and the men had no covering. At break of day, the 19th, they marched through the snow fourteen or fifteen miles, until one o'clock after|noon, when they came to the edge of the swamp where the enemy lay. They had met with an Indian who was disgusted with the rest, and offered himself as a pilot. The Indians knew of the armament coming against them, and had fortified themselves with all the art and strength they were capable of. The English fell in suddenly and unex|pectedly upon this seat of the enemy, and neither drew up in any order of battle, nor consulted where or how to assault. Some Indians appearing at the edge of the swamp, they that were in the front of the army, in the march, fired upon them. The Indians returned the fire and fled. The whole army entred the swamp, following the Indians to their fortress, which was upon a piece of upland in the midst of the swamp, pallisadoed all round, and within a hedge of near a rod thick. At one corner only, was a gap the length of one log, where the breastwork was not above four or five feet high, but they had placed a block|house over against this passage. At this passage, and no where else, the English must enter. As it pleased God to order it, they fell in upon that part of the fort where the passage was. The captains entred at the head of their companies. The two first, Johnson and Davenport, were shot dead at the entrance, as were many of their men. Four other captains, Gardner, Gallop, Siely, and Marshall, also lost their lives. Assoon as the forces were entred, they attacked the Indians in their places of shelter, who fought desperately, and beat the English out of the fort; but after two or three hours, the advantage of the English was such that they began to fire the wigwams, which were five or six hundred, and in many of them the Indian wo|men and children perished, the men which were left alive

Page 300

fled into a cedar swamp at some small distance, withou any necessaries of life, or any shelter from the cold and storms, except the boughs of trees. The day being near spent, the English thought it high time to retire to their quarters, 15 or 16 miles distant, carrying dead as well as wounded men with them. Many of the wounded men perished, by being exposed to this long march in a cold night, who might otherwise have been saved. The num|ber of killed and wounded amounted to 170.* 9.10 Some of the enemy confessed they lost 700 fighting men that day, besides 300 more who died of their wounds and the hard|ships to which they were exposed. The number of old men women and children which perished by the fire, cold▪ and famine, they could not tell.* 9.11 The Indians took possession of the fort the next day.* 9.12 The English made no further attack.* 9.13 They were scant of provisions, the

Page 301

weather being extreme cold delayed the vessels which had it on board. Some weeks were spent doing nothing, ex|cept that some proposals of peace were made on both sides, which came to nothing. February the 5th the army re|turned to Boston. There was a remarkable thaw in January, which melted the snow and opened the earth, so that the Indians could come at the ground-nuts, which seems to have been all their provisions, some from among

Page 302

themselves reporting that corn was sold for two shillings 〈◊〉〈◊〉 pin. They took this opportunity to leave the Nara|gnet country. A general junction of the Idians was thereuon expected, and every part of the English colo|nies was in terror. The 10th of February several hun|dred of the enemy assaulted Lancaster, burnt the houses

Page 303

and killed and captivated 40 persons, the minister's wife and children among the rest, he himself (Mr. Rowlandson) being absent. Mischief was done about the same time at Marlborough, Sudbury and Chelmsford. The 21st they fell upon Medfield, where there were two or three hun|dred soldiers, and yet they burned half the town down

Page 304

and killed eighteen of the inhabitants. The 25th they burned seven or eight houses at Weymouth. This seems to be their nearest approach to Boston, between fifteen and twenty miles distant, at least they did no mischief nearer.* 10.1

MARCH was a troublesome month, the Indians attacking North-Hampton and Springfield upon Con|necticut river, Groton Sudbury and Marlborough in the Massachusets, Warwick and Providence in Rhode-Island colony, burning their ••••uses and barns, and destroy|ing the cattle, and many of the inhabitants. They killed also eleven persons of one family in Plimouth, (Mr. Clark's) and on the 26th of March Capt. Pierce of Scituate in that colony, with 50 English, and 20 Indians of Cape Cod, being drawn into an ambushment by a small number of the enemy, found themselves surrounded by a great body of Indians, who killed every Englishman and great part of

Page 305

the friend Indians.* 10.2 The 28th of the month, they burned 40 houses, besides barns, at Rehoboth. Where Philip spent the winter was never certainly known. Some con|jectured that he went to the Mohawks, others that he went to Canada, which his friends said was his intention in the fall. He knew the premium set upon his head, disguised and concealed himself, so that we hear but little of him until he was killed.* 10.3 His affairs were now at the highest flow, and those of the English never at so low an ebb. But presently after, a sudden turn came on. The beginning of April, the Connecticut men under George Denison of Stonington, with some friend Indians, killed and took prisoners forty four of the enemy, and before the end of the month, the same commander, with sixty six volunteers English, and one hundred and twelve Pequod Indians, took and slew seventy six more of the enemy, without the loss of one man in either of these exploits. Between these two successful actions, happened a very unfortunate one for the Massachusets. April 20th, news came to Boston of the loss of Capt. Wadsworth and 50 of his men, going to relieve Sudbury attacked by the enemy. In May and June, the enemy appeared in various parts of the colonies, but their vigor abated, their distresses, for want of provisions and ammunition, increased, and at the same time the Mohawks fell upon them and killed 50 of them. It was commonly said, that Philip fell upon a party of Mohawks and killed them, and reported that they were killed by the English, expecting by this means to engage that nation in the war, but one that was left for dead revived and escaped to his countrymen, and in|formed that, not the English, but Philip and his Indians had been the murderers, which brought that revenge upon the guilty, which, without this discovery, would

Page 306

have been taken of those who were innocent. The beginning of July, the Connecticut forces met with a party of Indians in the Naraganset country, pursued them into a swamp, and killed and took 80 of them, without any loss, except one or two friend Indians, and in their march back 60 more of the enemy fell into their hands.* 10.4 The Massachusets and Plimouth men, in several parts of the country, were likewise very successful from time to time, killing and taking small parties of Indians scattered about the country, and no commander was more fortunate than Captain, afterwards Colonel Church, of Plimouth colony. He has published an account of his exploits. But Philip was the object. Upon his life or death war or peace depended. News was brought, that, after a year's absence, he had returned to Mount-Hope, his old quarters, and that great numbers of Indians were flocking to him, with intent to fall upon the neighbouring towns. The Massa|chusets and Plimouth, both, ordered their forces after Philip. The former returned to Boston, having missed Philip, but they killed and took 150 of the enemy, who were now so reduced that they were continually coming in and surrendering themselves upon promise of mercy. Two hundred in one week came in to Plimouth. Philip fled from one swamp to another, divers times very nar|rowly escaping, losing one chief counsellor after another; his uncle and sister, and at last his wife and son were taken prisoners. Being reduced to this miserable condition, he was killed the 12th of August, as he was flying from a party under Capt. Church, out of a swamp near Mount-Hope. One of his own men, whom he had offended, and who had deserted to the English, shot him through the

Page 307

heart. Instead of his scalp, he cut off his right hand, which had a remarkable scar, well known to the English, and it produced a handsome penny, many having the cu|riosity to see it. This was a finishing stroke, the parties of Indians that remained being drove from one hole or swamp to another, so that before winter they were all killed, captivated, or forced to surrender themselves, ex|cept some few, who were supposed to have fled to the French, and others, to nations of foreign Indians. The cruelties which had been exercised upon the English were urged in excuse for the treatment which the Indians re|ceived, who were made prisoners or surrendered themselves. In all the promises of mercy, those, who had been principal actors in any murders of the English, were excepted, and none had any promise made of any thing more than their lives. A great many, therefore, of the chiefs were executed at Boston and Plimouth, and most of the rest were sold, and shipped off for slaves to Bermudas and other parts. Every person, almost, in the two colonies, had lost a relation or near friend, and the people in gene|ral were exasperated;* 10.5 but all does not sufficiently excuse this great severity.

THE same time that Philip began his hostilities in Plimouth colony, the Tarenteens, or Eastern Indians, were insulting the English settled in New-Hampshire and the province of Min. They began with robbing the English, as they passed in their boats and canoes, and plun|dering their houses of liquors, ammunition, and such move|ables as they could easily carry off. In September (1675)

Page 308

they came to the house of one Wakely, an old man, in Casco bay, and murdered him, his wife, and four children and grand-children, and carried four more of his grand-children away captives. They then fell upon Saco, and killed thirteen men, and burned the houses, killed six men and a woman at Black-point (Scarborough) and burned 20 houses. They next fell upon Kittery, and killed two men. Mr. Plaisted, lieutenant of the town, with 20 English, went out to bury the dead, and was set upon by the Indians. He fought bravely, with seven of his men (the rest flying) until he and his son, and one more, were killed. The other four escaped to the garrison. They then came to|wards Piscataqua, making spoil upon the inhabitants on the branches of that river, viz. at Oyster-river, Salmon-falls, Dover, Exeter, &c. burning their houses and barns, and a mill belonging to Mr. Hutchinson, a merchant in Boston, and killing more or less of the people in every place, to the number of about fifty, in the whole. The govern|ment's hands were full, from the attempts of Philip and his accomplices, and, during the summer, nothing more was done, than to commit the care of the eastern plantations to the chief officers of the respective regiments, to defend them against the enemy; but in the fall, forces were drawn from the other counties, in order to have marched into the eastern country, but were prevented by the severity of the weather, which sat in sooner than usual. The Indians in those parts at the sae time sued for peace, and there was a good prospect of its being settled; but the endea|vours of Major Waldron to effect it were next year frus|trated. However, during the winter, and the next spring, and the greatest part of the summer, those plantations were at rest.

THE accounts which were transmitted to England of the distresses of the colony, during the war, although they might excite compassion in the breasts of some, yet they were improved, by others, to render the colony more ob|noxious. A fine country, it was said, was in danger of being lost to England, by the penuriou••••ess of those who

Page 309

were at the head of affairs, in not raising monies for the defence of it, and by their obstinacy in refusing to apply to the King for relief. This appears as well by other letters, as by one from Lord Anglesey to Mr. Leveret,* 10.6

Page 310

between whom there was a friendly correspondence kept up. In Cromwell's court Mr. Leveret had been, perhaps, upon a level with Mr. Annesly.* 11.1 There seems to have been no ground for the charge; neither men nor money were wanting for the service. An application to England, for men, was unnecessary, and I meet with no papers which in|timate that there was any thought of it in any persons in the colony. Fighting made soldiers. Assoon as the in|habitants had a little experience of the Indian way of fighting, they became a match for them. An addition to their numbers they did not want. Be that as it may, this is certain, that as the colony was at first settled, so it was now preserved from ruin without any charge to the mo|ther country. Nay, as far as I can judge from the mate|rials I have, the collections made in the colony, after the fire of London, for the relief of the sufferers there, and, upon other occasions, for the relief of divers of the plan|tations, with other public donations, from the first settle|ment until the charter was vacated, will not fall much, if any thing, short of the whole sum that was bestowed upon the colony, from abroad, during that time.

IN the heighth of the distress of the war, and whilst the authority of the colony was contending with the natives for the possession of the soil, complaints were

Page 311

making in England, which struck at the powers of government, and an enquiry was set on foot, which was continued from time to time, until it finally issued in a quo warranto, and judgment thereupon against the charter. In the summer of 1676,* 11.2 Edward Randolph was sent to the Massachusets with his Majesty's letter of March 10th, 1675-6, and copies of the petitions and complaints of Mason and Gorges.* 11.3 The King commanded that agents should be sent over, to appear before him in six months after the receipt of the letter, fully instructed and im|powered to answer. The governor summoned a special court, to meet the 9th of August. The elders which were then in town were desired to attend, and to consi|der of this question proposed to them by the court, viz.

WHETHER the most expedient manner of making answer to the complaints of Mr. Gorges and Mr. Mason, about the extent of our patent line, be, by sending agents or attornies to answer the same, or to answer by wri|ting only?

THEY soon agreed upon the following answer.—

It seems unto us the most expedient way of making an|swer unto the complaints of Mr. Gorges and Mr. Mason, about the extent of our patent line, to do it by appoint|ment of agents, to appear and make answer for us, by way of information at this time, and in this case, pro|vided they be with utmost care and caution qualified as to their instructions, by and according to which they may negotiate that affair, with safety unto the country, and with all duty and loyalty unto his Majesty, in the pre|servation of our patent liberties.
The reasons for their opinion were subjoined. The court determined

Page 312

according to this advice. William Stoughton* 11.4 and Peter Bulkley * 11.5 were chosen for the purpose. Soon after their arrival in England, a hearing was had before the Lords of the committee of the council, upon the principal points of their agency, the claims of Gorges and Mason, in both which they were unsuccessful. The province of Main was confirmed to Gorges and his heirs, both as to soil and government. To put an end to all future disputes, as well as to gratify many of the inha|bitants of that province, John Usher was employed by the Massachusets to purchase the right and interest of Gorges's heirs, which he did for twelve hundred pounds sterling, and assigned it over to the governor and company. This, instead of conciliating matters, gave fur|ther offence to the crown.* 11.6 With respect to Mason's claim, it was determined, that the Massachusets had a right to three miles north of Merrimack river, to follow the course of the river, so far as it extended, and that the expressions in the charter do not warrant the over-reach|ing those bounds by imaginary lines or bounds.* 11.7

Page 313

THE controversy between the Massachusets and Mr. Mason having subsisted so many years, it may not be amiss to set his claim or pretence in its true light. A copy of a grant, made by the council of Plimouth to Capt. John Mason, of all the lands between Naumkeak and Merri|mack, dated March 9th, 1621, is the first, in order of time, that has been produced. This grant was said to be only sealed, unwitnessed, no seisin endorsed, nor possession ever given with the grant, and no entry upon any record.

ANOTHER copy of a grant, August 10th 1622, of all the lands from Merrimack to Sagadehoc, which, it was said, did not appear to have been signed, sealed, or wit|nessed, by any order of the council.

ANOTHER grant, or copy of a grant, of part of the same lands, viz. all between the rivers Merrimack and Piscata|qua, to Captain John Mason alone, dated Nov. 7, 1629.

Page 314

ANOTHER grant in 1635, April 22d, of all the lands between Naumkeag and Piscataqua river.* 11.8

IN all this confusion of grants, or copies of grants, the greatest stress is laid upon that of November 7th, 1629. It is a strange thing, that the council of Plimouth, unless all those grants, prior to the Massachusets grant, had been either deemed imperfect and invalid from the beginning, or else resigned and thrown up, should grant the same lands to the Massachusets, Mason and Gorges both being members, and the most active members of the council. I is not easy to account for a grant of all the lands be|tween Merrimack and Piscataqua to Mason in 1629, when three miles between those two rivers had been granted the year before to the Massachusets. The grants which were made, or pretended to be made, in 1635, were the efforts of a number of the members of the council, to secure some part of the dying interest to themselves and posterity, in which they all failed.* 11.9

Page 315

SIR William Jones, the attorney general, gave his opinion upon the whole case, which was transmitted to the Massachusets, and is as follows.

"THE case of the governor and company of Massachusets Bay, in New-England, in America.

"3d Nov. 14 Jac. The whole tract of New-England was granted to 40 persons, Lords and others, by the name of the council of New-England, established at Plimouth, whereby power is given them to set out lands and heredi|taments to adventurers and planters, as should, by a com|mission of survey, and distribution executed, be named.

"19 Mar. 1628. The said council grant the Massachu|sets colony to Roswell and others.

"4 Mar. 4 Car. I. The grant to Roswell, &c. was, by letters patents, confirmed to the said proprietors and others, their associates, who were then incorporated, with power of government granted to them, and of making laws, not repugnant to the laws of England.

"The company, in pursuance of this grant of the council of Plimouth and charter from the King, transport themselves and make a settlement upon the said lands, distributing the same, from time to time, freely to adven|turers and planters, without any rent reserved to the company; yet so that, where the said lands were possessed by the natives, the planters did also purchase from them.

"May 1637. It is enacted by the laws of the place, That any person, who had, by himself, his grantees or assigns, before the law about inheritance 14 Octo. 1652, possessed and occupied, as his or their proper right in fee simple, any houses or lands there, and should so continue without disturbance, lett, suits, or denial, legally made by having the claims of any person thereto entred with the recorder of the county and such claim prosecuted to effect within 5 years next after the 20th of that present May 1657, every such proprietor, their heirs and assigns, shall forever hereafter enjoy the same, without any lawful lett, sit, disturbance, or denial, by any other claim of any persons or persons whatsoever, any law or custom to the contrary notwithstanding.

Page 316

"No claims made of the lands in question, within the time limited.

"IN 1635 the Patent of 30 Nov. 14 Jac. surrendered.

"Mr. Mason's title.

"2 Mar. 1621. Mr. Mason, by grant from the council at Plimouth, under their common seal, to his ancestor John Mason, claims some ten towns within the Massachusets bounds of their patent, to be called Mariana, to hold to him and his heirs, in fee and common socage, &c. subject to the exceptions in the grant to the grand council, yield|ing a fifth part of all oar found to his Majesty, and another fifth part to the council, with a letter of attorney to the chief officer there, for the time being, for delivery of possession and seisin to the grantee Mason, or his attorney▪

"Note, the grant only sealed with the council seal, unwitnessed, no seisin endorsed, nor possession ever given with the grant.

"10 Aug. 1622. The said council grant, aliene, sell, and confirm to Sir Ferdinando Gorges and Capt. John Mason, their heirs and assigns, all the lands lying between the rivers Merrimack and Sagadehoc.

"Note as in the grant of 1621.

"7 Nov. 1629. The said council grant part of the pre|mises to Capt. John Mason, single, and his heirs, extending between the rivers of Merrimack and Piscataqua.

"Note as above.

"1631. The same council did again grant a small parcel of the premises granted to Sir Ferdinando Gorges and Capt. John Mason, unto the said Sir Ferdinando and Capt. Mason, with about six or seven others, their asso|ciates, lying on both sides the river Piscataqua, upon which lands some settlements were made, and some part thereof divided between the said grantees and adventurers after 1631.* 12.1

Page 317

"April 1635. Capt. John Mason obtains a new grant from the said great council, of all the lands from Naum|keag river to Piscataqua river, by the name of New Hamp|shire, at which time all that part of the lands, so granted, which are now contained within the bounds of the Massa|chusets, were actually distributed to and planted by the inhabitants of that colony, by virtue of their grant from the said council.

"THE whole matter in difference was referred to the two Lord Chief Justices, by his Majesty in council.

"THEY, after a solemn hearing of counsel on both sides, reported unto his Majesty:

"THAT as to the right of the soil of the province of New-Hampshire and Main, they could give no opinion, not having proper parties before them, it appearing, that not the Massachusets, but the ter-tenants, had the right of soil and whole benefit thereof, and yet were not summon|ed to defend their titles.

"AS to Mr. Mason's right of government within the soil he claimed, their Lordships, and indeed his own coun|sel, agreed he had none,* 12.2 the great council of Plimouth, under whom he claimed, having no power to transfer government to any.

"AS to the bounds of the Massachusets colony, their Lordships have, by their said report, excluded thereout the four towns of Dover, Portsmouth, Exeter and Hampton, parcel of Mr. Mason's claim,

but determined the remain|der of his claim to be within their bounds.
Which report was confirmed by his Majesty in council.

"1st Query. Whether Mr. Mason's grants, being only under the council of Plimouth's seal, unwitnessed, and without any entry or record of them any where, without seizin endorsed, and no possession having ever gone along

Page 318

with them, be valid in law to oust about 50 year's pos|session, a title under the government of the Massachusets, and a purchase from the natives?

"I think it not good according to the law of England, and New-England having no particular law of their own (to my knowledge) which differs from the law of England, as to the manner of passing lands, I do not see how any of these grants can be good.

"OR admitting they be good in law,

"2d Quer. Whether Mr. Mason be not stopped by the law of the place, as above, having not made his claim thereto within the time prescribed?

"IF Mr. Mason's estate do lie within the jurisdiction of the assembly which made this law, and that this assem|bly were rightly constituted according to the powers given by charter, I think Mr. Mason was bound by this law, which I look upon to be a reasonable law, and agreeing in reason with the law of England.

"And if Mr. Mason have right thereto,

"3d Quer. Whether ought not that right to be tried on the place, ten of the towns claimed by him remaining within the Massachusets by the chief justices report?

"I think his right ought to be tried upon the place, for so much thereof as lies within the Massachusets jurisdiction, liable to such appeal as the charter allows, if it allows any.

"4th Quer. Or, if triable here, by what court can it properly be so, whether in one of the four courts at Westminster, or upon a special commission, and how, in your judgment, whether by jury or otherwise?

"It cannot properly be tried here by any of the four courts, but according to the law of the place, if it lye within any jurisdiction, and if within none, the King may erect courts, to proceed according to the law of England, unless altered by the legislative power of the place.* 12.3

18 Sept. 1679.

W. JONES."

Page 319

A commission was issued by the crown for the govern|ment of New-Hampshire.* 12.4 The Massachusets thereupon forbore any further exercise of jurisdiction. The towns of Salisbury, Amesbury and Haverhill, by their original grants from the Massachusets colony, extending more than three miles from Merrimack, the Massachusets continued to exercise jurisdiction over the whole of those towns, although, according to the determination, part of them lay without the patent.

BESIDES this controversy about bounds, the agents had other complaints to answer. Randolph, who, the people of New-England said,

went up and down seeking to de|vour them,
returned to England, and represented the colony as refusing any obedience to the acts for regulating the trade of the plantations. A ship, belonging to Mr. Usher, put the owner ashore at some English port, and went over to Holland. Mr. Stoughton writes (1st Dec. 1677)
Randolph upon this news was full of business, being employed, as he said, by my Lord treasurer, to make enquiry about it, in order to further proceedings, but now we have intelligence as if that vessel were again put into Plimouth, and had not been in Holland. If she either make her market here, or pay her duties before she go elsewhere, it may help to allay matters. The country's not taking notice of these acts of navigation to observe them, hath been the most unhappy neglect that we could have fallen into, for, more and more every day,

Page 320

we find it most certain, that without a fair compliance in that matter, there can be nothing expected but a total breach, and all the storms of displeasure that may be.

THE Quakers also renewed their complaints against the colony. In the distress of the colony by the Indian war, among other sins, which were the cause of it, the toleration shewn to quakers was thought to be one; the court therefore made a law

That every person found at a quaker's meeting should be apprehended, ex officio, by the constable, and, by warrant from a magistrate or commissioner, shall be committed to the house of cor|rection, and there have the discipline of the house ap|plied to them, and be kept to work, with bread and water, for three days, and then released, or else shall pay five pounds in money, as a fine to the country, for such offence, and all constables neglecting their duty, in not faithfully executing this order, shall incur the penalty of five pounds, upon conviction, one third whereof to the informer.
I know of nothing which can be urged, in any wise tending to excuse the severity of this law, unless it be human infirmity, and the many instances in history of persons of every religion being fully persuaded that the indulgence of any other was a toleration of im|piety, and brought down the judgments of heaven, and therefore justified persecution.* 12.5 This law lost the colony many friends.

Page 321

SEVERAL addresses were made to the King, from the general court, whilst the agents were in England, and the court made several laws to remove some of the exceptions which were taken in England, particularly an act to punish high treason with death; another requiring all persons above 16 years of age to take the oaths of allegiance, on pain of fine and imprisonment;

the governor, deputy governor and magistrates having first taken the same, without any reservation, in the words sent to them by his Majesty's order.
* 12.6 The King's arms were ordered to be

Page 322

carved and put up in the court-house. But it was a more difficult thing to conform to the acts of trade They ac|knowledge in their letter to the agents they had not done it. They

apprehended them to be an invasion of the rights, liberties and properties of the subjects of his Majesty in the colony, they not being represented in parliament, and according to the usual sayings of the learned in the law, the laws of England were bounded within the four seas, and did not reach America; how|ever, as his Majesty had signified his pleasure that those acts should be observed in the Massachusets, they had made provision, by a law of the colony, that they should be strictly attended from time to time, although it great|ly discouraged trade, and was a great damage to his Majesty's plantation.
The passing this law plainlyshews the wrong sense they had of the relation they stood in to England.* 12.7 The people of Ireland, about the same time, were under the same mistake. Perhaps they had not greater colour for an exemption from English acts of parliament than a colony of natural born subjects, depart|ing the kingdom with the leave of their prince. Particu|lar persons in Ireland did penance for advancing and ad|hering to these principles. The whole colony of the Massachusets suffered the loss of their charter, this being

Page 323

one great article of charge against it. I am glad I have this instance of Ireland, and that so sensible a gentleman as Mr. Molineux, the friend of Mr. Locke, engaged in the cause; for it may serve as some excuse for our ancestors, that they were not alone in their mistaken apprehensions of the nature of their subjection. No prejudice can be caused, by this mistake, against their posterity. They have indeed as high notions of English liberties as their ancestors had, and, as a British colony, they humbly hope for all that tenderness and indulgence from a British par|liament which the Roman Senate, while Rome remained free, shewed to Roman colonies, but they are sensible that they are colonists, and therefore subject to the controul of the parent state.

MR. Leveret continued governor, by annual election, from his being first chosen in 1673, until his death, March 16th 1678. The weighty affairs of the war, and the agency, during his administration, conducted with pru|dence and steadiness, caused him to be greatly respected.* 12.8 He was succeeded by Simon Bradstreet (May 1679) who was one of the first assistants, and had continued to be annually chosen an assistant fifty years together, being about seventy six years of age when he first entered upon the office of governor. A few months before, upon the death of Mr. Symonds, Mr. Bradstreet succeeded him as deputy governor. Upon Mr. Bradstreet's being chosen governor, Thomas Danforth came into the deputy gover|nor's place, and they were continued in their respective places, from year to year, until the dissolution of the government.

Page 324

WHILST the agents were in England, days of fasting and prayer, some by the court, some by the whole people, were repeatedly appointed by authority, to implore the divine blessing upon their endeavours for obtaining favor with the King, and the continuance of charter privileges, and November 21st 1678 was observed as a fast by all the churches in the three colonies. A council or synod of the churches in the colony of Massachusets being con|vened by order of court in May 1679, these two questions were referred for their consideration and answer.

QUEST. 1st. What are the reasons that have provoked the Lord to bring his judgments upon New-England?

QUEST. 2d. What is to be done that so those evils may be removed?

I do not censure the authority of the colony for their great anxiety on this occasion, or for using every proper measure to obtain the smiles of heaven, as well as the favor of their earthly sovereign, and only remark, that we have no evidence of any extraordinary degeneracy.* 12.9 At this time Great-Britain, Scotland especially, was suffering under a prince inimical to civil and religious liberty, New-England therefore, without a miraculous interposi|tion, must have expected to share the same judgments, and perhaps had not greater reason to make the two in|quiries than either of the two kingdoms.

THE complaint of Gorges and Mason, and the uncer|tainty of the event, restrained the general court from any attempt to hold possession of the country eastward of Main. Upon the exchange of Surinam for New-York, that country, and the islands and countries contained in the former grant to the Duke of York, were granted anew, and Major Andros, governor under the Duke, erected

Page 325

a fort, and established a custom-house at Pemaquid, part of the territory between Kenebeck and St. Croix. Whilst the Dutch were in possession of New-York, this territory had been neglected, and the inhabitants being without any powers of government, the Massachusets (in 1672) had sent their commissioners, who appointed and held courts, and established civil and military officers from Pemaquid to Georges, the sea-coast being well inhabited, and the fishery in a flourishing state, but upon the Duke's taking possession, by his governor, they laid aside their pretences to jurisdiction.

THE agents were detained in England until the fall of 1679. They thought themselves not at liberty to return without the King's express leave. The poish plot prevented an attention to plantation affairs, and i 〈◊〉〈◊〉 thought too great a hardship to detain them any longer. Upon their repeated application they were dismissed, and arrived at Boston, December 23d. They had obtained nothing but time, a further opportunity for the colony to comply with the requisitions made by the crown. Assurances seem to have been given by the agents that other persons should be sent over to supply their places, and although, upon their return, no mark of disapprobation of their conduct was shewn by the general court, but a vote passed thanking them for their pains, yet many were dissatisfied, especially with Mr. Stoughton, who they thought to have been too compliant.* 12.10 They brought with them the King's letter of July 24, 1679, containing the follow|ing requisitions.

1. THAT agents be sent over in six months, fully in|structed to answer and transact what was undetermined at that time.

Page 326

2. THAT freedom and liberty of conscience be given to such persons as desire to serve God in the way of the church of England, so as not to be thereby made ob|noxious, or discountenanced from their sharing in the go|vernment, much less that they, or any other his Majesty's subjects (not being papists) who do not agree in the con|gregational way, be by law subjected to fines or for|feitures, or other incapacities.

3. THAT no other distinction be observed in making of freemen, than that they be men of competent estates, rateable at 10s. according to the rules of the place, and that such, in their turns, be capable of the magistracy, and all laws made void that obstruct the same.

4. THAT the ancient number of eighteen assistants be henceforth observed, as by charter.* 12.11

5. THAT all persons coming to any privilege, trust or office, take the oath of allegiance.

6. THAT all military commissions, as well as the pro|ceedings of justice, run in his Majesty's name.

7. THAT all laws repugnant to, and inconsistent with, the laws of England for trade, be abolished.

8. WHILE Mr. Gorges's complaint was before the council, the agents, without his Majesty's permission, who was some time in treaty for the same, bought Mr. Gorges's interest in the province of Main, for 1200 l. His Majesty had heard of some effects, of a severe hand upon his sub|jects there, and therefore required an assignment of the said province, on repayment of the said 1200 l.

9. THAT, as for that part of New-Hampshire province three miles north of Merrimack river, granted to Mr.

Page 327

Mason, the government whereof remained vested in his Majesty, designing to settle the same to the satisfaction of his subjects there, the Massachusets recall all com|missions granted by them for governing there.

A compliance with the first of these instructions was delayed. The reasons assigned were, the danger of the seas (Connecticut agent having been taken by the Alge|rines) and the heavy debt of the colony,* 12.12 which made it almost incapable of the expence.

AS to the second and third, they had no laws to restrain the inhabitants from chusing church of England men into the magistracy, or other office, that law, confining the privi|lege to church members, being long since repealed, and all protestants of 10s. rateable estate were capable of being made freemen.

THE fourth, they complied with at the next election, in 1680.

AND also with the fifth sixth and seventh, in manner as has been mentioned.

THEY justified their purchase of the province of Main, at the desire of the inhabitants, and in favor to them; and denied their having ever used any acts of severity, and were silent as to the re-conveying it.

THE 9th and last they had complied with, as we have just mentioned.

THE first commission for the government of New-Hampshire, was to Mr. Cutt, as president of the province. The following letter was voted, by the new assembly, at their first meeting, and sent to the governor of the Massachusets, to be communicated to the assembly there.

PORTSMOUTH, in the province of New-Hampshire, "March 25th 1680.

Much honored—

THE late turn of providence made amongst us by the all-ordering hand, hath given occasion for this present ap|plication, wherein we crave leave, as we are in duty bound, first thankfully to acknowledge your great care of us, and

Page 328

kindness towards us, while we dwelt under your shadow, owning ourselves deeply obliged, that you were pleased, upon our earnest request and supplication, to take us under your government, and ruled us well, while we so remained, so that we cannot give the least counte|nance to those reflections that have been cast upon you, as if you had dealt injuriously with us. Secondly, that no dissatisfaction with your government, but meerly our submission to divine providence, to his Majesty's com|mands, to whom we owe allegiance, without any seeking of our own, or desires of change, was the only cause of our complying with that present separation from you that we are now under, but should have heartily re|joiced, if it had seemed good to the Lord and his Ma|jesty to have settled us in the same capacity as formerly. Thirdly, and withal we hold ourselves bound to signify, that it is our most unfeigned desire, that such a mutual correspondence betwixt us may be settled, as may tend to the glory of God, the honor of his Majesty, whose subjects we all are, and the promoting the common in|terest, and defence against the common enemy, that thereby our hands may be strengthened, being of our|selves weak, and few in number, and that if there be opportunity to be any ways serviceable unto you, we may shew how ready we are thankfully to embrace the same. Thus wishing the presence of God to be with you in all administrations, and craving the benefit of your prayers and endeavours for a blessing upon the heads and hearts of us who are separated from our brethren, we subscribe

JOHN CUTT, President, at the consent of the council and general assembly.

Directed to the honorable governor and council of the Massachusets-Bay, to be communicated to the general court in Boston.

* 13.1THIS letter was read in general court May 22d 1680, and ordered to be recorded.

Page 329

THE province of Main continued to be protected by the Massachusets. After the purchase from Gorges the major part of the court were of opinion that it should be sold again to the highest bidder towards reimbursing the expence of defending it, which they computed at eight thousand pounds, and a committee was appointed for this purpose, but this vote was reconsidered. However there was a necessity of a different administration from what there had been formerly. Whilst the province was sup|posed to be included in the bounds of the Massachusets charter, the towns were represented in the general court, and it was to all intents and purposes considered as a county, but the determination of 1667 had confined the Massa|chusets to three miles north or north east of Merrimack river. The colony must consider it self therefore in the place of Gorges invested with the powers granted to him by charter or patent. Accordingly, they appointed their deputy governor Thomas Danforth, president of the pro|vince of Main, to govern under the Massachusets, the lords proprietaries, and to be accountable to them, and thither he repaired towards the end of 1679 together with Mr. Nowell, &c. and there appointed officers, held courts, and made provision for administring government in the form prescribed by the patent to Sir Ferdinando Gorges.* 13.2

RANDOLPH kept a continual watch upon the colony, and went divers times to England with complaints, and re|turned with fresh orders and powers.* 13.3 In 1676 he brought over the complaint of Mason and Gorges. In 1678

Page 330

he came over, with power from the commissioners of the customs, as an inspector and to make seizures and bring in|formations for breaches of the acts of trade, but he was generally if not always condemned in costs, and it appears by a representation, he afterwards made to the commis|sioners, that he had been a great sufferer. He brought with him also a commission to divers persons, himself at the head of them, to administer an oath to the governor faithfully to execute the duty required by the act of trade.* 13.4 The governor, Mr. Leveret, did not take the oath in con|sequence of that commission. Randolph was in England again in 1679 * 13.5 and returned the latter part of the same year.

THE governor at the first session after the receipt of new orders from the King, took the oath, which was ad|ministred by the deputy governor in open court, not a one of the commissioners. Randolph went home agai the next winter to renew his complaints, and upon his re|turn to Boston,* 13.6 in 1681, brought with him a commission from the crown for collector and surveyor and searcher of the customs in New-England. * 13.7 He laid his commission before the general court and desired he might be aided in the execution of his office with their countenance and auho|rity,

Page 331

but no notice being taken of his application he set up an advertisement in the town house to acquaint all persons concerned that an office was erected, &c. This, he said, was taken down by the marshal by order of the general court or some of the members, he therefore in a letter to the governor demands the final resolution of the court, whether they will admit the said patent to be in force or not, that he might know how to govern himself. There is no record of any resolution of the court herein. During these distresses of the colony there were two parties sub|sisting in the government, both of them agreed in the importance of the charter privileges, but differing in opi|nion upon the extent of them, and upon the proper mea|sures to preserve them. The governor, Mr. Bradstreet, was at the head of the moderate party. Randolph in all his letters takes notice of it. The governor's son in a letter from New-London, April 1681, writes

As to what you say about the change some people expect this election, so far as it concerns yourself it may be an advantage. Better the ruin, if it must be so, under other hands than yours. Time will make it appear who have been the faithful and wise conservators of New-England's liberties, and that the adored saviours of our interests, many of them, have consulted very ill the interest espoused by them.
Mr. Stoughton, Mr. Dudley, and William Brown of Salem, these fell in with the governor. The deputy go|vernor, Mr. Danforth, was at the head of the other party, the principal members of the court with him were Major Gookins of Cambridge, Peter Tilton of Hadley, Elisha Cooke and Elisha Hutchinson of Boston. This party op|posed the sending over agents, the submitting to acts of trade, &c. and were for adhering to their charter accord|ing to their construction of it, and leaving the event. Gookins, being aged, desired a paper he drew up as his dying testimony might be lodged with the court, contain|ing the reasons of his opinion. He was a very zealous but an upright man and acted from principle. He seems to have been the only magistrate who a few years before

Page 332

opposed the people in their rage against the Indians, friends and enemies without distinction, and exposed himself to the reproaches of his brethren in the magistracy upon the bench, as well as to hootings and offensive language from the populace as he passed the streets. Tilton was one of the most rigid, and was concerned in a paper, published about that time, representing the great apostacy both of magis|trates and ministers.

IN 1680 * 13.8 a letter had been received under the King's sign manual, charging the colony with neglecting to send over other agents in the room of those who had obtained leave to return, and requiring that they be sent in three months after the receipt of the letter, and that they come prepared to answer the claim which Mason had made to the lands between Naumkeag and Merrimack. Immediately upon

Page 333

the receipt of this letter, the court chose two agents, Mr. Stoughton and Mr. Nowell, and instructions were drawn up, but both of them peremptorily refused to engage in the affair; Mr. Stoughton, notwithstanding the exceptions some had taken to his former conduct, being strongly urged to it. As for Mason's claim, it was looked upon as ground|less and extravagant, and the court gave themselves but little concern about it further than to observe, that if he had any pretence to the lands, his title would be fairly tried upon the spot, where by law and according to the opinion of the attorney and sollicitor general in 1677, it ought to be tried. After this, Randolph* 13.9 brought to Boston the King's letter of October the 21st 1681,* 13.10 complaining

that the collector had not been able to exe|cute his office to any effect, that attachments had been brought against him and his officers for doing their duty, that he had been obliged to deposit money before he could bring an action against offenders, that

Page 334

appeals, in matters relating to the revenue, had been refused, and that they had seized into their hands the moiety of forfeitures belonging to his Majesty by law.
It was therefore required,
that fit persons be sent over, without delay, to answer these complaints, with powers to submit to such regulations of government as his Majesty should think fit, that restitution be made of all monies levied from the officers, that they be encouraged in put|ting the acts of trade in execution, without charge, as in England, that an account be given of forfeitures received, and that appeals be allowed.
The court denied the charge, and said in their answer,
that Mr. Randolph was acknowledged collector, and his commission enrolled, that no suits had been countenanced against any officers, except where the subject had been unjustly vexed, that they knew of no forfeitures, except a fine upon a master of a ship for abusing the go|vernment, that they would encourage his officers, and re|quire no deposit for the future; but as to admitting appeals, they hoped it would be further considered.
However, the sending over agents could be no longer delayed. At a court called in Feb. 1681, when his Majesty's letter by Mr. Randolph was read, they determined to come to the choice of agents. Mr. Stoughton and Mr. Dudley were chosen, the court being much divided. Mr. Stoughton again utterly refused, and Mr. Richards* 13.11 was chosen in his stead. The design of taking away the charter became every day more and more evident. Agents impowered to submit to regulations of government, were, in other words, agents impowered to surrender their charter. However, the general court would have been glad to put a more favorable construction upon it, it being inconsistent with his Majesty's repeated declarations, and therefore they directed their agents not to do, or consen to any thing that should violate or infringe the liberties nd privileges granted by charter, or the government established thereby. A new matter of charge had been brought against them

Page 335

in England, viz. the coining money. This they excused,

it having began in the times of the late confusions, to prevent frauds in the pieces of eight current among them, and if they had trespassed upon his Majesty's prerogative, it was through ignorance, and they humbly begged his pardon.
The other points of exception were answered as before mentioned. The agents sailed May 31st. A public fast was appointed to be observed June 22d, through the colony, to pray for the preservation of their charter and success to the agency. Randolph was in England not long after them, ready to disclose every thing the agents desired to conceal. The governor had desired him to do nothing to the prejudice of the colony. He promised, in his answer, that if they would make a full sub|mission to his Majesty, he would endeavour to procure his Majesty's royal pardon, and the continuance of their pri|vileges, so far as that they should have liberty of conscience and the free exercise of their religion, and that no money should be raised without the consent of the people; for other matters their agents were most proper to sollicit.* 13.12 The agents in their first letters to the general court, acquaint|ed them,
that his Majesty was greatly provoked by their so long neglecting to send agents, and they desired the court to consider whether it was best to hazard all, rather than satisfy his Majesty as to the mode of submission to the laws for regulating trade, since they seriously intended to submit to the substance.
They had not then been heard before the council, but soon after, upon presenting the court's address, they were commanded to shew their pow|ers and all their instructions, not publicly, but to Sir Lionel Jenkins, secretary of state, and it appearing, upon perusal, that they did not contain such powers as had been

Page 336

required, they were informed by Lord Radnor, that the council, nem. con. had agreed to report to his Majesty, that unless the agents speedily obtained such powers as might make them capable to satisfy in all points, a quo warranto should proceed. The agents represented the case of the colony as desperate, and left it to the court to de|termine whether it was most adviseable to submit to his Majesty's pleasure, or to suffer a quo warranto to issue. Many cities had submitted. Bermudas* 13.13 in the plantations, and the city of London had refused, and quo warranto's had gone out, the determination of which might enable the Massachusets to judge what would be prudent for them to do.* 13.14

Page 337

UPON receipt of these advices, it was made a question, not in the general court only, but amongst all the inhabi|tants, whether to surrender or not. The opinions of many of the ministers, and their arguments in support of them, were given in writing, and, in general, it was thought better to die by the hands of others, than by their own.* 13.15 An address was agreed upon by the general court, another was prepared and sent through the colony to be signed by the several inhabitants, which the agents were to present or not, as they thought proper, and they were instructed to deliver up the deeds for the province of Main, if required, and it would tend to preserve their charter, otherwise not; and they were to make no con|cessions of any privileges conferred upon the colony by the charter.

CRANFIELD, governor of New-Hampshire, being on a visit at Boston, advised to the agents waiting upon Lod Hide, and tendering him an acknowledgment of 2000 guineas for his Majesty's private service, and, at the same time, promised to represent the colony in a favorable light. The court agreed to the proposal, and shewed him the letter they wrote to the agents thereupon, but he, infa|mously, represented the colony as rogues and rebels, and made his game of them for making such an offer, and the agents complained of their being ridiculed for the sam put upon the country.* 13.16 Upon the agents receiving this final resolution of the court, their business 〈◊〉〈◊〉 at an end. It was immediately determined a quo warran•••• should go against the charter, and that Randolph should be the messenger of death. The agents arrived at Boston the 23d of October 1683, and the same week Randolph ar|rived

Page 338

* 13.17 with the quo warranto, and a declaration from the King, that if the colony, before prosecution, would make full submission and entire resignation to his pleasure he would regulate their charter for his service and their good, and with no further alterations than should be necessary for the support of his government there. Two hundred copies of the proceedings against the charter of London were sent at the same time, by advice of the privy council, to be dispersed through the province. The governor and major part of the assistants, despairing of any success from a defence, passed the following vote:

The magi|strates have voted, that an humble address be sent to his Majesty by this ship, declaring that, upon a serious consideration of his Majesty's gracious intimations, in his former letters, and more particularly in his late declara|tion, 〈◊〉〈◊〉 his pleasure and purpose is only to regulate our charter, in such a manner as shall be for his service and the good of this his colony, and without any other alteration than what is necessary for the support of his government here, we will not presume to contend with his Majesty in a course of law, but humbly lay ourselves at his Majesty's feet, in a submission to his pleasure so declared, and that we have resolved, by the next oppor|tunity, to send our agents, impowered to receive his Majesty's commands accordingly. And, for saving a de|fault for non-appearance upon the return of the writ of quo warranto, that some meet person or persons be appointed and impowered, by letter of attorney, to appear and make defence, until our agents may make their appearance and submission, as above. The magistrates have passed this with reference to the consent of their brethren the deputies hereto. EDWARD RAWSON, secretary. 15th Nov. 1683.

Page 339

THIS lay in the house, under consideration, a fortnight, and was then passed upon as follows:

Nov. 30, 1683. The deputies consent not, but ad|here to their former bills. WM. TORREY, Cler.

HAD this been made n act of the general court, it is doubtful whether the consequent administration of go|vernment would have been less arbitrary than it was, upon the judgment against the charter; but, upon the revolu|tion, they might have reassumed their charter, as Rhode-Island* 13.18 and Connecticut did their respective charters, there having been no judgment against them.* 13.19

A letter of attorney was sent to Mr. Humphrys, to ap|pear and answer for the province. Addresses were sent, one after another, but to no purpose. In September, a scire facias was received by Mr. Dudley and communicated to the governor, who called a special court. The time for their appearance at Westminster was past before it was re|ceived

Page 340

in Boston.* 13.20 No other answer, than another hum|ble address, was attempted. The case was desperate, and judgment was entered up, copy of which was received by Mr. Rawson, July 2d 1685.

BEFORE any new government was settled, King Charles died. Mr. Blaithwait wrote to the governor,* 13.21 and recom|mended the proclaiming King James, without delay. This was done, with great ceremony, in the high street in Boston (April 20th.)

THERE were all the symptoms, notwithstanding, of an expiring constitution. Several of the towns neglected to

Page 341

send their deputies in the year 1684. Little business was done at the court. The people, indeed,* 13.22 shewed some resent|ment against the magistrates, who had been forward for surrendering. Mr. Dudley, Richards and Brown were dropped, Cooke, Johnson and Hutchinson chose in their stead. Mr. Bradstreet, the governor,* 13.23 Mr. Stoughton, Bulkley, Saltonstall and Gidney had fewer votes than usual. There seems to have been as much indifference in the legislature about public affairs in 1685, expecting every day to be superseded.* 13.24

THE election for 1686 was the 12th of May. Mr. Dudley being left out, Mr. Stoughton,* 13.25 from complaisance to him, refused to serve.* 13.26

THE 15th, the Rose frigate arrived from England, with a commission to Mr. Dudley,* 13.27 as president, and divers others, gentlemen of the council, to take upon them the

Page 342

administration of government. A copy of the commission was presented, and the following answer resolved upon by the court, nemine contradicente.

GENTLEMEN,

WE have perused what you left with us, as a true copy of his Majesty's commission, shewed to us the 17th instant, impowering you for the governing of his Ma|jesty's subjects inhabiting this colony, and other places therein mentioned. You then applied to us, not as a governor and company, but (as you were pleased to term us) some of the principal gentlemen and chief in|habitants of the several towns of the Massachusets, amongst other discourse, saying, it concerned us to con|sider what therein might be thought hard and uneasy; upon perusal whereof, we find, as we conceive, First. That there is no certain determinate rule for your ad••••••istration of justice, and that which is, seems to be too arbitrary. Secondly. That the subjects are abridg|ed of their liberty, as Englishmen, both in the matters of legislation and in laying of taxes, and indeed the whole unquestioned privilege of the subject, transferred upon yourselves, there not being the least mention of an assembly in the commission, and therefore we think it highly concerns you to consider whether such a com|mission be safe for you or us; but if you are so satisfied therein, as that you hold yourselves obliged thereby, and do take upon you the government of this people, although we cannot give our assent thereto, yet we hope we shall demean ourselves as true and loyal subjects to his Majesty, and humbly make our addresses unto God, and in due time to our gracious prince, for our relief.

"May 0th 1686.

By order, EDW. RAWSON, Sec'y.

THESE for Joseph Dudley, Esq and the rest of the gentlemen named in his Majesty's commission.

Page 343

THE court appointed a committee to take into their ustody such papers as referred to the charter, and titles of land, by purchase from the Indians or otherwise, and ordered the secretary to deliver the same, and adjourned to the second Wednesday in October.

THE 25th of May the president and council met, and his Majesty's commission was published.

NEW Plimouth, Connecticut, and Rhode-Island, who were less obnoxious, and had been more pliant than the Massachusets, were all to be in like degree sufferers, although not included in Mr. Dudley's commission,* 14.1 the execution was only respited a few months.

WE have taken no notice of the affairs of New-Pli|mouth since the year 1676. Having conquered Philip's country of Mount-Hope, now Bristol, it was confirmed to that colony by King Charles. The Massachusets had applied for it. Mr. Winslow, the governor of Plimouth, died in 1680, Dec. 18th, and was succeeded by Thomas Hinkley, who continued until that colony was included in the same commission with the Massachusets, &c. It was agreed, that the grand council of Plimouth could confer no powers of government. They had nothing therefore to support them at New-Plimouth, but the King's approbation, from time to time, of their proceedings. It might then well be expected that they should act with great caution, to avoid giving offence. They had been amused, from year to year, with assurances that the King would grant them a charter. Such an one as Connecticut had received they prayed for. The name of the Massachusets was odious. The governor kept upon good terms with Randolph, who engaged to do every thing in his power to obtain the

Page 344

charter.* 14.2 They had orders to send over a copy of their patent, in order to form a new one, in which the Nara|ganset country was to be included; but, upon the quo warranto coming over to Massachusets, Mr. Blaithwait wrote to the governor, Sept. 27th 1683,—

I must deal plainly with you. It is not probable any thing will be determined, in that behalf, until his Majesty do see an issue of proceedings in relation to the Massachusets co|lony, and that, upon regulating their charter, that colony be brought under such an actual dependance upon the crown as becomes his Majesty's subjects. From hence it will be, that your patent will receive it's model; and although you may be assured of all you desire, yet it will be expected that, in acknowledgment of so great favors, such provisions may be inserted as are necessary for the maintenance of his Majesty's authority.
After this, they could have no great reason to hope for success. However, they continued▪ their pursuit, and in Nov. 1683, they forwarded another address, wherein they congratu|lated his Majesty upon his deliverance, in answer to their prayers they hoped, from the late horrid conspiracy, * 14.3 and they had appointed the 15th instant for a day of solemn thanksgiving, for the salvation of his Majesty's royal person from that and other hellish conspiracies. They go on to pray his Majesty's favor, in granting them a charter, having sent over a true copy of their patent from the council of Plimouth. Randolph writes to the governor of Plimouth, the 4th of March following, that he had pre|sented the address, with the necessary amendments, to his Majesty in council, that it would be printed, was graciously received, and that they would find the benefit of it, in dispatch, and settlement of their colony. Upon the death of King Charles, they were distinguished by King James from the other colonies, by a letter under his sign manual,* 14.4 acquainting them with his accession to the throne, the

Page 345

great things the parliament had done, the defeat of Ar|gyle, and the landing of Monmouth, and the care taken to prevent his success, all to prevent any false and malicious rumors that might be spread among his Majesty's subjects at that distance. An address was sent to the King, upon his accession, taking notice of the assurances they had re|ceived from his royal brother, and praying that his Majesty would fulfil them. This was the last effort.* 14.5 Connecticut kept more silent, inactive and reserved, submit|ting when compelled to it, and reassuming their rights assoon as they had opportunity for it.* 14.6

Page 346

TO avoid any interruption in relating the several steps taken for vacating the charter, we have passed over some events, the remembrance of which should be preserved.

THE Indians at the eastward continued thei hostilities after those at the westward were subdued and dispersed. In August 1676, they surprized the house of Mr. Ham|mond, an ancient trader at Kenebeck, and from thence crossed over to Arowsick island, where there was a large house, with, what was there esteemed, a strong fort, built round it, belonging to Major Clark and Capt. Lake▪* 14.7 two merchants of Boston, who owned the island and great part of the main land near to it. The Indians hid themselves in the night under the walls of the fort. When the cen|tinel left his station at day-light, some of the Indians followed him in at the fort gate, whilst the rest ran to the port holes, and shot down every person they saw. Captain Lake, finding the Indians had possessed themselves of the fort, escaped with Capt. Davis * 14.8 and two others, at a back door, to the water side, intending to pass to another island near to Arowsick. Capt. Lake was killed just as he landed. His bones were, after some time, found and brought to

Page 347

Boston. Davis was wounded, but made his escape, as di the other two. At these two houses, fifty three English were killed and taken. The news of this stroke broke up all the plantations at and near Kenebck, the inhabi|tants transporting themselves to Piscataqua and Boston, or some other place of security. This brought the Indians further westward, to Casco, Spurwinck, Black-point, Wells, and Cape Ndduck, within the bounds of York, at all which places th•••• did more or less mischief. Mugg, a noted Indian▪ well known to the English,* 14.9 was at the head of the enemy. The prisoners, by his means, were treated with more humanity and courtesy than had bee known, and he sent one or two of them to Piscataqua, in order to ransom their friends; but the goods sent for their ransom were seized by other Indians. Mugg himself came to Piscataqua, and afterwards to Boston, where, in behalf of Madockawando and Cheberrina, sachems of Penobscot, he entered into treaty with the governor and council, Nov. 13th 1676. This was the first treaty with any of the Tarrateens, or eastern Indians.

They promised to cease all acts of hostility, to return the captives, to do their utmost to repair the damage sustained by the English, to buy no powder or ammunition of any other than per|sons deputed by the governor, provided they could have a supply in that way, and to account all other eastern Indians in the number of their enemies, who did not assent to the same covenant and agreement.
No mention is made of any subjection to the government of the colony, or to the King of England, but they are considered as a free inde|pendent people. The treaty is at large in Mr. Hubbard's history of the war. The Indians continued, notwithstand|ing, to do mischief on the eastern frontier in 1677, when Major Andros, by virtue of his commission from the Duke of York, having placed forces at Pemaquid, the Indians made overtures of peace and friendship, and, as a proof of their sincerity, brought in 15 English captives, and they continued for some time quiet. An attack was made upon

Page 348

the western frontiers, by 40 or 50 Indians, said to be river Indians,* 14.10 but whether Connecticut or Hudson's river is not mentioned. This was the 19th of September 1677. They surprized many of Hatfield, as they were raising a house and unarmed, and killed and carried away about twenty, and the next day took three or four more from Deerfield.

BY the advice of the governor of New-York, com|missioners were sent, about this time, from the Massachu|sets and Connecticut, to the Maqua's, to secure their friendship to the English interest in general, and to engage them against the Tarrateens, or eastern Indians, who had been their ancient enemies. I suppose this was the first treaty * 14.11 between the Mohawks, or Five Nations, and the Massachusets colony. * 14.12

Page 349

IN the year 1685, Mr. Hinkley, governor of Plimouth, sent to the corporation in England an account of the praying Indians then in that colony. They amounted to 1439, besides boys and girls under 12 years old, which were supposed to be more than three times that number.* 14.13

Notes

Do you have questions about this content? Need to report a problem? Please contact us.