Anno Dom: 1642.

Marvilous it may be to see and consider how some kind of wickednes did grow & breake forth here, in a land wher the same was so much witnesed against, and so narrowly looked unto, & severly punished when it was knowne; as in no place more, or so much, that I have known or heard of; insomuch as they have been somewhat censured, even by moderate and good men, for their severitie in punishments. And yet all this could not suppress y^e breaking out of sundrie notorious sins, (as this year, besids other, gives us too many sad presidents and instances,) espetially drunkennes and unclainnes; not only incontinencie betweene persons unmaried, for which many both men & women have been punished sharply enough, but some maried persons allso. But that which is worse, even sodomie and bugerie, (things fearfull to name,) have broak forth in this land, oftener then once. I say it may justly be marveled at, and cause us to fear & tremble at the consideration of our corrupte natures, which are so hardly bridled, subdued, & mortified; nay, cannot by any other means but y^e powerfull worke & grace of Gods spirite. But (besids this) one reason may be, that y^e Divell may carrie a greater spite against the churches of Christ and y^e gospell hear, by how much y^e more they indeaour to preserve holynes and puritie amongst them, and strictly punisheth the contrary when it ariseth either in church or comone wealth; that he might cast a [242] blemishe & staine upon them in y^e eyes of [y^e] world, who use to be rash in judgmente. I would rather thinke thus, then that Satane hath more power in these heathen lands, as som have thought, then in more Christian nations, espetially over Gods servants in them.

2. An other reason may be, that it may be in this case as it is with waters when their streames are stopped or damed up, when they gett passage they flow with more violence, and make more noys and disturbance, then when they are suffered to rune quietly in their owne chanels. So wikednes being here more stopped by strict laws, and y^e same more nerly looked unto, so as it cannot rune in a comone road of liberty as it would, and is inclined, it searches every wher, and at last breaks out wher it getts vente.

3. A third reason may be, hear (as I am verily perswaded) is not more evills in this kind, nor nothing nere so many by proportion, as in other places; but they are here more discoverd and seen, and made publick by due serch, inquisition, and due punishment; for y^e churches looke narrowly to their members, and y^e magistrats over all, more strictly then in other places. Besids, here the people are but few in comparison of other places, which are full & populous, and lye hid, as it were, in a wood or thickett, and many horrible evills by y^t means are never seen nor knowne; wheras hear, they are, as it were, brought into y^e light, and set in y^e plaine feeld, or rather on a hill, made conspicuous to y^e veiw of all.

But to proceede; y^er came a letter from y^e Gov^r in y^e Bay to them here, touching matters of y^e forementioned nature, which because it may be usefull I shall hear relate it, and y^e passages ther aboute.

S^r: Having an opportunitie to signifie y^e desires of our Generall Court in toow things of spetiall importance, I willingly take this occasion to imparte them to you, y^t you may imparte them to y^e rest of your magistrats, and also to your Elders, for counsell; and give us your advise in them. The first is concerning heinous offences in point of uncleannes; y^e perticuler cases, with y^e circomstances, and y^e questions ther upon, you have hear inclosed. The 2. thing is concerning y^e Ilanders at Aquidnett; y^t seeing the cheefest of them are gone from us, in offences, either to churches, or comone welth, or both; others are dependants on them, and y^e best sorte are such as close with them in all their rejections of us. Neither is it only in a faction y^t they are devided from us, but in very deed they rend them selves from all y^e true churches of Christ, and, many of them, from all y^e powers of majestracie. We have had some experience hereof by some of their underworkers, or emissaries, who have latly come amongst us, and have made publick defiance against magistracie, ministrie, churches, & church covenants, &c. as antichristian; secretly also sowing y^e seeds of Familisme, and Anabaptistrie, to y^e infection of some, and danger of others; so that we are not willing to joyne with them in any league or confederacie at all, but rather that you would consider & advise with us how we may avoyd them, and keep ours from being infected by them. Another thing I should mention to you, for y^e maintenance of y^e trad of beaver; if ther be not a company to order it in every jurisdition among y^e English, which companies should agree in generall of their way in trade, I supose that y^e trade will be overthrowne, and the Indeans will abuse us. For this cause we have latly put it into order amongst us, hoping of incouragmente from you (as we have had) y^t we may continue y^e same. Thus not further to trouble you, I rest, with my loving remembrance to your selfe, &c.

Your loving friend, RI: BELLINGHAM.

Boston, 28. (1.) 1642.

The note inclosed follows on y^e other side.[EI]

[244] Worthy & beloved S^r:

Your letter (with y^e questions inclosed) I have comunicated with our Assistants, and we have refered y^e answer of them to such Revē^d Elders as are amongst us, some of whose answers thertoo we have here sent you inclosed, under their owne hands; from y^e rest we have not yet received any. Our farr distance hath bene y^e reason of this long delay, as also y^t they could not conferr their counsells togeather.

For our selves, (you know our breedings & abillities,) we rather desire light from your selves, & others, whom God hath better inabled, then to presume to give our judgments in cases so difficulte and of so high a nature. Yet under correction, and submission to better judgments, we propose this one thing to your prudent considerations. As it seems to us, in y^e case even of willfull murder, that though a man did smite or wound an other, with a full pourpose or desire to kill him, (w^ch is murder in a high degree, before God,) yet if he did not dye, the magistrate was not to take away y^e others life.[EJ] So by proportion in other grosse & foule sines, though high attempts & nere approaches to y^e same be made, and such as in the sight & account of God may be as ill as y^e accomplishmente of y^e foulest acts of y^t sine, yet we doute whether it may be safe for y^e magistrate to proceed to death; we thinke, upon y^e former grounds, rather he may not. As, for instance, in y^e case of adultrie, (if it be admitted y^t it is to be punished w^{th} death, which to some of us is not cleare,) if y^e body be not actually defiled, then death is not to be inflicted. So in sodomie, & beastialitie, if ther be not penetration. Yet we confess foulnes of circomstances, and frequencie in y^e same, doth make us remaine in y^e darke, and desire further light from you, or any, as God shall give.

As for y^e 2. thing, concerning y^e Ilanders? we have no conversing with them, nor desire to have, furder then necessitie or humanity may require.

And as for trade? we have as farr as we could ever therin held an orderly course, & have been sory to see y^e spoyle therof by others, and fear it will hardly be recovered. But in these, or any other things which may concerne y^e comone good, we shall be willing to advise & concure with you in what we may. Thus w^{th} my love remembered to your selfe, and y^e rest of our worthy friends, your Assistants, I take leave, & rest,

Your loving friend, W. B.

Plim: 17. 3. month, 1642.

Now follows y^e ministers answers. And first Mr. Reynors.

Qest: What sodmiticall acts are to be punished with death, & what very facte (ipso facto) is worthy of death, or, if y^e fact it selfe be not capitall, what circomstances concurring may make it capitall?

Ans: In y^e judiciall law (y^e moralitie wherof concerneth us) it is manyfest y^t carnall knowledg of man, or lying w^{th} man, as with woman, cum penetratione corporis, was sodomie, to be punished with death; what els can be understood by Levit: 18. 22. & 20. 13. & Gen: 19. 5? 2^ly. It seems allso y^t this foule sine might be capitall, though ther was not penitratio corporis, but only contactus & fricatio usq ad effusionem seminis, for these reasons: [245] 1. Because it was sin to be punished with death, Levit. 20. 13. in y^e man who was lyen withall, as well as in him y^t lyeth with him; now his sin is not mitigated wher ther is not penitration, nor augmented wher it is; wheras its charged upon y^e women, y^t they were guilty of this unnaturall sine, as well as men, Rom. 1. 26. 27. Y^e same thing doth furder apeare, 2. because of y^t proportion betwexte this sin & beastialitie, wherin if a woman did stand before, or aproach to, a beast, for y^t end, to lye downe therto, (whether penetration was or not,) it was capitall, Levit: 18. 23. & 20. 16. 3^{ly}. Because something els might be equivalent to penetration wher it had not been, viz. y^e fore mentioned acts with frequencie and long continuance with a high hand, utterly extinguishing all light of nature; besids, full intention and bould attempting of y^e foulest acts may seeme to have been capitall here, as well as coming presumptuously to slay with guile was capitall. Exod: 21. 14.

Yet it is not so manyfest y^t y^e same acts were to be punished with death in some other sines of uncleannes, w^ch yet by y^e law of God were capitall crimes; besids other reasons, (1.) because sodomie, & also beastialitie, is more against y^e light of nature then some other capitall crimes of unclainnes, which reason is to be attended unto, as y^t which most of all made this sin capitall; (2.) because it might be comited with more secrecie & less suspition, & therfore needed y^e more to be restrained & suppresed by y^e law; (3^ly) because ther was not y^e like reason & degree of sining against family & posteritie in this sin as in some other capitall sines of uncleannes.

2. Quest: How farr a magistrate may extracte a confession from a delinquente, to acuse him selfe of a capitall crime, seeing Nemo tenetur prodere seipsum.

Ans: A majestrate cannot without sin neglecte diligente inquision into y^e cause brought before him. Job 29. 16. Pro: 24. 11. 12. & 25. 2. (2^ly.) If it be manifest y^t a capitall crime is committed, & y^t comone reporte, or probabilitie, suspition, or some complainte, (or y^e like,) be of this or y^t person, a magistrate ought to require, and by all due means to procure from y^e person (so farr allready bewrayed) a naked confession of y^e fact, as apears by y^t which is morall & of perpetuall equitie, both in y^e case of uncertaine murder, Deut: 21. 1. 9. and slander, Deut: 22. 13. 21; for though nemo tenetur prodere seipsum, yet by that w^ch may be known to y^e magistrat by y^e forenamed means, he is bound thus to doe, or els he may betray his countrie & people to y^e heavie displeasure of God, Levit: 18. 24. 25. Jos: 22. 18. Psa: 106. 30; such as are inocente to y^e sinfull, base, cruell lusts of y^e profane, & such as are delinquents, and others with them, into y^e hands of y^e stronger temptations, & more bouldness, & hardnes of harte, to comite more & worse villany, besids all y^e guilt & hurt he will bring upon him selfe. (3^ly.) To inflicte some punishmente meerly for this reason, to extracte a conffession of a capitall crime, is contrary to y^e nature of vindictive justice, which always hath respecte to a know crime comitited by y^e person punished; and it will therfore, for any thing which can before be knowne, be y^e provocking and forcing of wrath, compared to y^e wringing of y^e nose, Pro: 30. 33. which is as well forbiden y^e fathers of y^e countrie as of y^e family, Ephe. 6. 4. as produsing many sad & dangerous effects. That an oath (ex officio) for such a purpose is no due means, hath been abundantly proved by y^e godly learned, & is well known.

Q. 3. In what cases of capitall crimes one witnes with other circomstances shall be sufficiente to convince? or is ther no conviction without 2. witneses?

Ans: In taking away y^e life of man, one witnes alone will not suffice, ther must be tow, or y^t which is instar; y^e texts are manifest, Numb: 35. 30. Deut: 17. 6. & 19. 15. 2^ly. Ther may be conviction by one witnes, & some thing y^t hath y^e force of another, as y^e evidencie of y^e fact done by such an one, & not an other; unforced confession when ther was no fear or danger of suffering for y^e fact, hand writings acknowledged & confessed.

JOHN REYNOR.

[246] M^r. Partrich his writing, in ans: to y^e questions.

What is y^t sodomiticall acte which is to be punished with death?

Though I conceive probable y^t a voluntary effusion of seed per modum concubitus of man with man, as of a man with woman, though in concubitu ther be not penetratio corporis, is y^t sin which is forbiden, Levit: 18. 22. & adjudged to be punished with death, Levit: 20. 13. because, though ther be not penetratio corporis, yet ther may be similitudo concubitus muliebris, which is y^t the law specifieth; yet I dar not be con-[EK] (1.) because, Gen: 19. 5. y^e intended acte of y^e Sodomits (who were y^e first noted maisters of this unnaturall act of more then brutish filthines) is expressed by carnall copulation of man with woman: Bring them out unto us, y^t we may know them; (2^ly.) because it is observed among y^e nations wher this unnaturall unclainnes is comited, it is w^th penetration of y^e body; (3^ly.) because, in y^e judiciall proceedings of y^e judges in England, y^e indict: so rune (as I have been informed).

Q. How farr may a magistrat extracte a confession of a capitall crime from a suspected and an accused person?

Ans. I conceive y^t a magistrate is bound, by carfull examenation of circomstances & waighing of probabilities, to sifte y^e accused, and by force of argumente to draw him to an acknowledgment of y^e truth; but he may not extracte a confession of a capitall crime from a suspected person by any violent means, whether it be by an oath imposed, or by any punishmente inflicted or threatened to be inflicted, for so he may draw forth an acknowledgmente of a crime from a fearfull inocente; if guilty, he shall be compelled to be his owne accuser, when no other can, which is against y^e rule of justice.

Q. In what cases of capitall crimes one witnes with other circomstances shall be sufficente to convicte; or is ther no conviction without two witnesses?

Ans: I conceive y^t, in y^e case of capitall crimes, ther can be no safe proceedings unto judgmente without too witnesses, as Numb: 35. 30. Deut: 19. 15. excepte ther can some evidence be prodused as aveilable & firme to prove y^e facte as a witnes is, then one witnes may suffice; for therin y^e end and equitie of y^e law is attained. But to proceede unto sentence of death upon presumptions, wher probably ther may subesse falsum, though ther be y^e testimony of one wittnes, I supose it cannot be a safe way; better for such a one to be held in safe custodie for further triall, I conceive.

RALPH PARTRICH.

The Answer of M^r. Charles Chancy.

An contactus et fricatio usq ad seminis effusiōnem sine penetratione corporis sit sodomia morte plectenda?

Q. The question is what sodomiticall acts are to be punished w^th death, & what very facte committed, (ipso facto,) is worthy of death, or if y^e facte it selfe be not capitall, what circomstances concuring may make it capitall. The same question may be asked of rape, inceste, beastialitie, unnaturall sins, presumtuous sins. These be y^e words of y^e first question.

Ans: The answer unto this I will lay downe (as God shall directe by his word & spirite) in these following conclusions: (1.) That y^e judicials of Moyses, that are appendances to y^e morall law, & grounded on y^e law of nature, or y^e decalogue, are imutable, and ppetuall, w^ch all orthodox devines acknowledge; see y^e authors following. Luther, Tom. 1. Whitenberge: fol. 435. & fol. 7. Melanethon, in loc: com loco de conjugio. Calvin, 1. 4. Institu. c. 4. sect. 15. Junious de politia Moysis, thes. 29. & 30. Hen: Bulin: Decad. 3. sermo. 8. Wolf: Muscu. loc: com: in 6. precepti explicaci: Bucer de regno Christi, 1. 2. c. 17. Theo: Beza, vol: 1. de hereti: puniendis, fol. 154. Zanch: in 3. praecept: Ursin: Pt. 4. explicat. contra John. Piscat: in Aphorismi Loc. de lege dei aphorism. 17. And more might be added. I forbear, for brevities sake, to set downe their very words; this being y^e constante & generall oppinion of y^e best devines, I will rest in this as undoubtedly true, though much more might be said to confirme it.

2. That all y^e sines mentioned in y^e question were punished with death by y^e judiciall law of Moyses, as adultry, Levit: 20. 10. Deut: 22. 22. Esech: 16. 38. Jhon. 8. 5. which is to be understood not only of double adultrie, when as both parties are maried, (as some conceive,) but whosoever (besids her husband) lyes with a married woman, whether y^e man be maried or not, as in y^e place, Deut: 22. 22. or whosoever, being a maried man, lyeth with another woman (besids his wife), as P. Martire saith, loc: com: which in diverce respects maks y^e sine worse on y^e maried mans parte; for y^e Lord in this law hath respect as well to publick honesty, (the sin being so prejudicall to y^e church & state,) as y^e private wrongs (saith Junious). So incest is to be punished with death, Levit: 20. 11. 22. Beastiality likwise, Lev: 20. 15. Exod: 22. 19. Raps in like maner, Deut: 22. 25. Sodomie in like sort, Levit: 18. 22. & 20. 13. And all presumptuous sins, Numb: 15. 30. 31.

3. That y^e punishmente of these foule sines w^th death is grounded on y^e law of nature, & is agreeable to the morall law. (1.) Because y^e reasons anexed shew them to be perpetuall. Deut. 22. 22. So shalt thou put away evill. Incest, beastiality, are caled confusion, & wickednes. (2.) Infamie to y^e whole humane nature, Levit: 22. 12. Levit: 18. 23. Raps are as murder, Deut: 22. 25. Sodomie is an abomination, Levit: 22. 22. [247] No holier & juster laws can be devised by any man or angele then have been by y^e Judg of all y^e world, the wisdome of y^e Father, by whom kings doe raigne, &c. (3.) Because, before y^e giving of y^e Law, this punishmente was anciently practised, Gen: 26. 11. 38. 29. 39. 20. & even by the heathen, by y^e very light of nature, as P. Martire shews. (4^ly.) Because y^e land is defiled by such sins, and spews out y^e inhabitants, Levit: 18. 24, 25. & that in regard of those nations y^t were not acquainted w^th the law of Moyses. 5. All y^e devins above specified consent in this, that y^e unclean acts punishable with death by y^e law of God are not only y^e grose acts of uncleannes by way of carnall copulation, but all y^e evidente attempts therof, which may appeare by those severall words y^t are used by y^e spirite of God, expressing y^e sins to be punished with death; as y^e discovering of nakednes, Levit: 18. 20. which is retegere pudenda, as parts p^r euphemismum (saith Junius), or detegere ad cubandum (saith Willett), to uncover y^e shamefull parts of y^e body (saith Ainsworth), which, though it reaches to y^e grose acts, yet it is plaine it doth comprehend ye other foregoing immodest attempts, as contactum, fricationem, &c.; likwise ye phrase of lying with, so often used, doth not only signifie carnall copulation, but other obscene acts, p^{r}ceding y^e same, is implyed in Pauls word [Greek: arsenokoitai], 1. Cor: 6. 9. & men lying with men, 1. Tim: 1. 9. men defiling them selves w^th mankind, men burning with lust towards men, Rom: 1. 26. & Levit: 18.[EL] 22. sodom & sin going after strange flesh, Jud: v. 7. 8. and lying with mankind as with a woman, Levit: 18. 22. Abulentis says y^t it signifies omnes modos quibus masculus masculo abutatur, changing y^e naturall use into y^t which is against nature, Rom: 1. 26. arrogare sibi cubare, as Junius well translats Levit: 20. 15. to give consente to lye withall, so approaching to a beast, & lying downe therto, Levit: 20. 16. ob solum conatu[EM] (saith Willett) or for going about to doe it. Add to this a notable speech of Zepperus de legibus (who hath enough to end controversies of this nature). L. 1. he saith: In crimine adulterii voluntas (understanding manifeste) sine effectu subsecuto de jure attenditur; and he proves it out of good laws, in these words: Solicitatores[EN] alienum nuptiām itemq matrimonīum interpellatores, etsi effectu sceleris potiri non possunt, propter voluntatem tamen perniciosae libidinis extra ordinem puniuntur; nam generale est quidem affectū sine effectu [non] puniri, sed contrarium observatur in atrocioribus & horum similibus.

5. In concluding punishments from y^e judiciall law of Moyses y^t is perpetuall, we must often p^{r}ceed by analogicall proportion & interpretation, as a paribus similibus, minore ad majus, &c.; for ther will still fall out some cases, in every comone-wealth, which are not in so many words extante in holy write, yet y^e substance of y^e matter in every kind (I conceive under correction) may be drawne and concluded out of y^e scripture by good consequence of an equevalent nature; as, for example, ther is no express law against destroying conception in y^e wombe by potions, yet by anologie with Exod: 21. 22, 23. we may reason y^t life is to be given for life. Againe, y^e question, An contactus & fricatio, &c., and methinks y^t place Gen: 38. 9. in y^e punishmente of Onans sin, may give some cleare light to it; it was (saith Pareus) beluina crudelitas quam Deus pari loco cum parricidio habuit, nam semen corrumpere, quid fuit aliud quam hominem ex semine generandum occidere? Propterea juste a Deo occisus est. Observe his words. And againe, Discamus quantopere Deus abominetur omnem seminis genitalis abusum, illicitā effusionem, & corruptionē, &c., very pertinente to this case. That allso is considerable, Deut: 25. 11, 12. God comanded y^t, if any wife drue nigh to deliver her husband out of y^e hand of him y^t smiteth him, &c., her hand should be cutt off. Yet such a woman in y^t case might say much for her selfe, y^t what she did was in trouble & perplexitie of her minde, & in her husbands defence; yet her hand must be cutt of for such impuritie (and this is morall, as I conceive). Then we may reason from y^e less to y^e greater, what greevous sin in y^e sight of God it is, by y^e instigation of burning lusts, set on fire of hell, to proceede to contactum & fricationem ad emissionem seminis, &c., & y^t contra naturam, or to attempte y^e grosse acts of unnaturall filthines. Againe, if y^t unnaturall lusts of men with men, or woman with woman, or either with beasts, be to be punished with death, then a pari naturall lusts of men towards children under age are so to be punished.

6. Circumstantiae variant vis e actiunes, (saith y^e lawiers,) & circomstances in these cases cannot possibly be all reckēd up; but God hath given laws for those causes & cases that are of greatest momente, by which others are to be judged of, as in y^e differance betwixte chanc medley, & willfull murder; so in y^e sins of uncleannes, it is one thing to doe an acte of uncleannes by sudden temptation, & another to lye in waite for it, yea, to make a comune practise of it; this mightily augments & multiplies y^e sin. Againe, some sines of this nature are simple, others compound, as y^t is simple adultrie, or inceste, or simple sodomie; but when ther is a mixture of diverce kinds of lust, as when adultery & sodomie & p^{r}ditio seminis goe togeather in y^e same acte of uncleannes, this is capitall, double, & trible. Againe, when adultrie or sodomie is comited by pfessors or church members, I fear it coms too near y^e sine of y^e preists daughters, forbidden, & comanded to be punished, Levit: 21. 9. besids y^e presumption of y^e sines of such. Againe, when uncleannes is comited with those whose chastity they are bound to [*)p]serve, this coms very nere the incestious copulation, I feare; but I must hasten to y^e other questions.

[248] 2. Question y^e second, upon y^e pointe of examination, how farr a magistrate may extracte a confession from a delinquente to accuse him selfe in a capitall crime, seeing Nemo tenetur prodere seipsum.

Ans: The words of y^e question may be understood of extracting a confession from a delinquente either by oath or bodily tormente. If it be mente of extracting by requiring an oath, (ex officio, as some call it,) & that in capitall crimes, I fear it is not safe, nor warented by Gods word, to extracte a confession from a delinquente by an oath in matters of life and death. (1.) Because y^e practise in y^e Scripturs is other wise, as in y^e case of Achan, Jos: 7. 19. Give, I pray y^e, glorie to y^e Lord God of Israll, and make a confession to him, & tell me how thou hast done. He did not compell him to sweare. So when as Johnathans life was indangered, 1. Sam. 14. 43. Saule said unto Johnathan, Tell me what thou hast done; he did not require an oath. And notable is y^t, Jer: 38. 14. Jeremiah was charged by Zedechias, who said, I will aske the a thing, hide it not from me; & Jeremiah said, If I declare it unto y^e, wilt thou not surely put me to death? impling y^t, in case of death, he would have refused to answer him. (2.) Reason shews it, & experience; Job: 2. 4. Skin for skin, &c. It is to be feared y^t those words (whatsoever a man hath) will comprehend also y^e conscience of an oath, and y^e fear of God, and all care of religion; therfore for laying a snare before y^e guiltie, I think it ought not to be donn. But now, if y^e question be mente of inflicting bodyly torments to extracte a confession from a mallefactor, I conceive y^t in maters of higest consequence, such as doe conceirne y^e saftie or ruine of stats or countries, magistrats may proceede so farr to bodily torments, as racks, hote-irons, &c., to extracte a conffession, espetially wher presumptions are strounge; but otherwise by no means. God sometims hids a sinner till his wickednes is filled up.

Question 3. In what cases of capitall crimes, one witnes with other circumstances shall be sufficente to convicte, or is ther no conviction without 2. witneses?

Deut: 19. 25. God hath given an express rule y^t in no case one witness shall arise in judgmente, espetially not in capitall cases. God would not put our lives into y^e power of any one toungue. Besids, by y^e examination of more wittneses agreeing or disagreeing, any falshood ordenarilly may be discovered; but this is to be understood of one witnes of another; but if a man witnes against him selfe, his owne testimony is sufficente, as in y^e case of y^e Amalakite, 2. Sam: 1. 16. Againe, when ther are sure & certaine signes & evidences by circumstances, ther needs no witnes in this case, as in y^e bussines of Adoniah desiring Abishage y^e Shunamite to wife, that therby he might make way for him selfe unto y^e kingdome, 1. King: 2. 23, 24. Againe, probably by many concurring circumstances, if probability may have y^e strength of a witnes, somthing may be this way gathered, me thinks, from Sallomons judging betweexte y^e true mother, and y^e harlote, 1. King. 3. 25. Lastly, I see no cause why in waighty matters, in defecte of witneses & other proofes, we may not have recourse to a lott, as in y^e case of Achan, Josu: 7. 16. which is a clearer way in such doubtfull cases (it being solemnely & religiously performed) then any other that I know, if it be made y^e last refuge. But all this under correction.

The Lord in mercie directe & prosper y^e desires of his servants that desire to walk before him in truth & righteousnes in the administration of justice, and give them wisdome and largnes of harte.

CHARLES CHANNCY.

Besids y^e occation before mentioned in these writings concerning the abuse of those 2. children, they had aboute y^e same time a case of buggerie fell out amongst them, which occasioned these questions, to which these answers have been made.

And after y^e time of y^e writīg of these things befell a very sadd accidente of the like foule nature in this govermente, this very year, which I shall now relate. Ther was a youth whose name was Thomas Granger; he was servant to an honest man of Duxbery, being aboute 16. or 17. years of age. (His father & mother lived at the same time at Sityate.) He was this year detected of buggery (and indicted for y^e same) with a mare, a cowe, tow goats, five sheep, 2. calves, and a turkey. Horrible [249] it is to mention, but y^e truth of y^e historie requires it. He was first discovered by one y^t accidentally saw his lewd practise towards the mare. (I forbear perticulers.) Being upon it examined and comitted, in y^e end he not only confest y^e fact with that beast at that time, but sundrie times before, and at severall times with all y^e rest of y^e forenamed in his indictmente; and this his free-confession was not only in private to y^e magistrats, (though at first he strived to deney it,) but to sundrie, both ministers & others, and afterwards, upon his indictmente, to y^e whole court & jury; and confirmed it at his execution. And wheras some of y^e sheep could not so well be knowne by his description of them, others with them were brought before him, and he declared which were they, and which were not. And accordingly he was cast by y^e jury, and condemned, and after executed about y^e 8. of Sept^r, 1642. A very sade spectakle it was; for first the mare, and then y^e cowe, and y^e rest of y^e lesser catle, were kild before his face, according to y^e law, Levit: 20. 15. and then he him selfe was executed. The catle were all cast into a great & large pitte that was digged of purposs for them, and no use made of any part of them.

Upon y^e examenation of this person, and also of a former that had made some sodomiticall attempts upon another, it being demanded of them how they came first to y^e knowledge and practice of such wickednes, the one confessed he had long used it in old England; and this youth last spoaken of said he was taught it by an other that had heard of such things from some in England when he was ther, and they kept catle togeather. By which it appears how one wicked person may infecte many; and what care all ought to have what servants they bring into their families.

But it may be demanded how came it to pass that so many wicked persons and profane people should so quickly come over into this land, & mixe them selves amongst them? seeing it was religious men y^t begane y^e work, and they came for religions sake. I confess this may be marveilled at, at least in time to come, when the reasons therof should not be knowne; and y^e more because here was so many hardships and wants mett withall. I shall therfore indeavor to give some answer hereunto. And first, according to y^t in y^e gospell, it is ever to be remembred that wher y^e Lord begins to sow good seed, ther y^e envious man will endeavore to sow tares. 2. Men being to come over into a wildernes, in which much labour & servise was to be done aboute building & planting, &c., such as wanted help in y^t respecte, when they could not have such as y^ey would, were glad to take such as they could; and so, many untoward servants, sundry of them proved, that were thus brought over, both men & women kind: who, when their times were expired, became families of them selves, which gave increase hereunto. 3. An other and a maine reason hearof was, that men, finding so many godly disposed persons willing to come into these parts, some begane to make a trade of it, to transeport passengers & their goods, and hired ships for that end; and then, to make up their fraight and advance their profite, cared not who y^e persons were, so they had money to pay them. And by this means the cuntrie became pestered with many unworthy persons, who, being come over, crept into one place or other. 4. Againe, the Lords blesing usually following his people, as well in outward as spirituall things, (though afflictions be mixed withall,) doe make many to adhear to y^e people of God, as many followed Christ, for y^e loaves sake, John 6. 26. and a mixed multitud came into y^e willdernes with y^e people of God out of Eagipte of old, Exod. 12. 38; so allso ther were sente by their freinds some under hope y^t they would be made better; others that they might be eased of such burthens, and they kept from shame at home y^t would necessarily follow their dissolute courses. And thus, by one means or other, in 20. years time, it is a question whether y^e greater part be not growne y^e worser.

[250] I am now come to y^e conclusion of that long & tedious bussines betweene y^e partners hear, & them in England, the which I shall manifest by their owne letters as followeth, in such parts of them as are pertinente to y^e same.

M^r. Sherleys to M^r. Attwood.

M^r. Attwood, my approved loving friend: Your letter of y^e 18. of October last I have received, wherin I find you have taken a great deall of paines and care aboute y^t troublesome bussines betwixte our Plimoth partners & freinds, & us hear, and have deeply ingaged your selfe, for which complements & words are no reall satisfaction, &c. For y^e agreemente you have made with M^r. Bradford, M^r. Winslow, & y^e rest of y^e partners ther, considering how honestly and justly I am perswaded they have brought in an accounte of y^e remaining stock, for my owne parte I am well satisfied, and so I thinke is M^r. Andrewes, and I supose will be M^r. Beachampe, if most of it might acrew to him, to whom y^e least is due, &c. And now for peace sake, and to conclud as we began, lovingly and freindly, and to pass by all failings of all, the conclude is accepted of; I say this agreemente y^t you have made is condesended unto, and M^r. Andrews hath sent his release to M^r. Winthrop, with such directions as he conceives fitt; and I have made bould to trouble you with mine, and we have both sealed in y^e presence of M^r. Weld, and M^r. Peeters, and some others, and I have also sente you an other, for the partners ther, to seale to me; for you must not deliver mine to them, excepte they seale & deliver one to me; this is fitt and equall, &c.

Yours to comand in what I may or can, JAMES SHERLEY.

June 14. 1642.

His to y^e partners as followeth.

Loving freinds,

M^r. Bradford, M^r. Winslow, M^r. Prence, Captaine Standish, M^r. Brewster, M^r. Alden, & M^r. Howland, give me leave to joyne you all in one letter, concerning y^e finall end & conclude of y^t tedious & troublsome bussines, & I thinke I may truly say uncomfurtable & unprofitable to all, &c. It hath pleased God now to put us upon a way to sease all suits, and disquieting of our spirites, and to conclude with peace and love, as we began. I am contented to yeeld & make good what M^r. Attwood and you have agreed upon; and for y^t end have sente to my loving friend, M^r. Attwood, an absolute and generall release unto you all, and if ther wante any thing to make it more full, write it your selves, & it shall be done, provided y^t all you, either joyntly or severally, seale y^e like discharge to me. And for y^t end I have drawne one joyntly, and sent it to M^r. Attwood, with y^t I have sealed to you. Mr. Andrews hath sealed an aquitance also, & sent it to M^r. Winthrop, whith such directions as he conceived fitt, and, as I hear, hath given his debte, which he maks 544^li. unto y^e gentlemen of y^e Bay. Indeed, M^r. Welld, M^r. Peters, & M^r. Hibbens have taken a great deale of paines with M^r. Andrews, M^r. Beachamp, & my selfe, to bring us to agree, and to y^t end we have had many meetings and spent much time aboute it. But as they are very religious & honest gentle-men, yet they had an end y^t they drove at & laboured to accomplish (I meane not any private end, but for y^e generall good of their patente). It had been very well you had sent one over. M^r. Andrew wished you might have one 3. parte of y^e 1200^li. & the Bay 2. thirds; but then we 3. must have agreed togeather, which were a hard mater now. But M^r. Weld, M^r. Peters, & M^r. Hibbens, & I, have agreed, they giving you bond (so to compose with M^r. Beachamp, as) to procure his generall release, & free you from all trouble & charge y^t he may put you too; which indeed is nothing, for I am perswaded M^r. Weld will in time gaine him to give them all that is dew to [251] him, which in some sorte is granted allready; for though his demands be great, yet M^r. Andrewes hath taken some paines in it, and makes it appear to be less then I thinke he will consente to give them for so good an use; so you neede not fear, that for taking bond ther to save you harmles, you be safe and well. Now our accord is, y^t you must pay to y^e gentle-men of y^e Bay 900^li.; they are to bear all chargs y^t may any way arise concerning y^e free & absolute clearing of you from us three. And you to have y^e other 300^li. &c.

Upon y^e receiving of my release from you, I will send you your bonds for y^e purchass money. I would have sent them now, but I would have M^r. Beachamp release as well as I, because you are bound to him in them. Now I know if a man be bound to 12. men, if one release, it is as if all released, and my discharge doth cutt them of; wherfore doubte you not but you shall have them, & your commission, or any thing els that is fitt. Now you know ther is tow years of y^e purchass money, that I would not owne, for I have formerley certified you y^t would but pay 7. years; but now you are discharged of all, &c.

Your loving and kind friend in what I may or can, JAMES SHERLEY.

June 14. 1642.

The coppy of his release is as followeth.

Wheras diverce questions, differences, & demands have arisen & depended betweene William Bradford, Edward Winslow, Thomas Prence, Mylest Standish, William Brewster, John Allden, and John Howland, gent: now or latly inhabitants or resident at New-Plimoth, in New-England, on y^e one party, and James Sherley of London, marchante, and others, in th' other parte, for & concerning a stocke & partable trade of beaver & other comodities, and fraighting of ships, as y^e White Angell, Frindship, or others, and y^e goods of Isaack Allerton which were seazed upon by vertue of a leter of atturney made by y^e said James Sherley and John Beachamp and Richard Andrews, or any other maters concerning y^e said trade, either hear in Old-England or ther in New-England or elsewher, all which differences are since by mediation of freinds composed, compremissed, and all y^e said parties agreed. Now know all men by these presents, that I, the said James Sherley, in performance of y^e said compremise & agreemente, have remised, released, and quite claimed, & doe by these presents remise, release, and for me, myne heires, executors, & Administrators, and for every of us, for ever quite claime unto y^e said William Bradford, Edward Winslow, Thomas Prence, Myles Standish, William Brewster, John Allden, & John Howland, and every of them, their & every of their heires, executors, and administrators, all and all maner of actions, suits, debts, accounts, rekonings, comissions, bonds, bills, specialties, judgments, executions, claimes, challinges, differences, and demands whatsoever, with or against y^e said William Bradford, Edward Winslow, Thomas Prence, Myles Standish, William Brewster, John Allden, and John Howland, or any of them, ever I had, now have, or in time to come can, shall, or may have, for any mater, cause, or thing whatsoever from y^e begining of y^e world untill y^e day of y^e date of these presents. In witnes wherof I have hereunto put my hand & seale, given the second day of June, 1642, and in y^e eighteenth year of y^e raigne of our soveraigne lord, king Charles, &c.

JAMES SHERLEY.

Sealed and delivered in y^e presence of THOMAS WELD, HUGH PETERS, WILLIAM HIBBINS. ARTHUR TIRREY, Scr. THO: STURGS, his servante.

M^r. Andrews his discharg was to y^e same effecte; he was by agreemēte to have 500^li. of y^e money, the which he gave to them in y^e Bay, who brought his discharge and demanded y^e money. And they tooke in his release and paid y^e money according to agreemēte, viz. one third of the 500^li. they paid downe in hand, and y^e rest in 4. equall payments, to be paid yearly, for which they gave their bonds. And wheras 44^li. was more demanded, they conceived they could take it of with M^r. Andrews, and therfore it was not in the bonde. [252] But M^r. Beachamp would not parte with any of his, but demanded 400^li. of y^e partners here, & sent a release to a friend, to deliver it to them upon y^e receite of y^e money. But his relese was not perfecte, for he had left out some of y^e partners names, with some other defects; and besids, the other gave them to understand he had not near so much due. So no end was made with him till 4. years after; of which in it plase. And in y^t regard, that them selves did not agree, I shall inserte some part of M^r. Andrews letter, by which he conceives y^e partners here were wronged, as followeth. This leter of his was write to M^r. Edmond Freeman, brother in law to M^r. Beachamp.

M^r. Freeman,

My love remembred unto you, &c. I then certified y^e partners how I found M^r. Beachamp & M^r. Sherley, in their perticuler demands, which was according to mens principles, of getting what they could; allthough y^e one will not shew any accounte, and y^e other a very unfaire and unjust one; and both of them discouraged me from sending y^e partners my accounte, M^r. Beachamp espetially. Their reason, I have cause to conceive, was, y^t allthough I doe not, nor ever intended to, wrong y^e partners or y^e bussines, yet, if I gave no accounte, I might be esteemed as guiltie as they, in some degree at least; and they might seeme to be y^e more free from taxation in not delivering their accounts, who have both of them charged y^e accounte with much intrest they have payed forth, and one of them would likwise for much intrest he hath not paid forth, as appeareth by his accounte, &c. And seeing y^e partners have now made it appear y^t ther is 1200^li. remaining due between us all, and that it may appear by my accounte I have not charged y^e bussines with any intrest, but doe forgive it unto y^e partners, above 200^li. if M^r. Sherley & M^r. Beachamp, who have betweene them wronged y^e bussines so many 100^li. both in principall & intrest likwise, and have therin wronged me as well and as much as any of y^e partners; yet if they will not make & deliver faire & true accounts of y^e same, nor be contente to take what by computation is more then can be justly due to either, that is, to M^r. Beachamp 150^li. as by M^r. Allertons accounte, and M^r. Sherleys accounte, on oath in chancerie; and though ther might be nothing due to M^r. Sherley, yet he requirs 100^li. &c. I conceive, seing y^e partners have delivered on their oaths y^e sume remaining in their hands, that they may justly detaine y^e 650^li. which may remaine in their hands, after I am satisfied, untill M^r. Sherley & M^r. Beachamp will be more fair & just in their ending, &c. And as I intend, if y^e partners fayrly end with me, in satisfing in parte and ingaging them selves for y^e rest of my said 544^li. to returne back for y^e poore my parte of y^e land at Sityate, so likwise I intend to relinquish my right & intrest in their dear patente, on which much of our money was laid forth, and also my right & intrest in their cheap purchass, the which may have cost me first & last 350^li.[EO] But I doubte whether other men have not charged or taken on accounte what they have disbursed in y^e like case, which I have not charged, neither did I conceive any other durst so doe, untill I saw y^e accounte of the one and heard y^e words of y^e other; the which gives me just cause to suspecte both their accounts to be unfaire; for it seemeth they consulted one with another aboute some perticulers therin. Therfore I conceive y^e partners ought y^e rather to require just accounts from each of them before they parte with any money to either of them. For marchants understand how to give an acounte; if they mean fairley, they will not deney to give an accounte, for they keep memorialls to helpe them to give exacte acounts in all perticulers, and memoriall cannot forget his charge, if y^e man will remember. I desire not to wrong M^r. Beachamp or M^r. Sherley, nor may be silente in such apparente probabilities of their wronging y^e partners, and me likwise, either in deneying to deliver or shew any accounte, or in delivering one very unjuste in some perticulers, and very suspitious in many more; either of which, being from understanding marchants, cannot be from weaknes or simplisitie, and therfore y^e more unfaire. So comending you & yours, and all y^e Lord's people, unto y^e gratious protection and blessing of y^e Lord, and rest your loving friend,

RICHARD ANDREWES.

Aprill 7. 1643.

This leter was write y^e year after y^e agreement, as doth appear; and what his judgmente was herein, y^e contents doth manifest, and so I leave it to y^e equall judgmente of any to consider, as they see cause.

Only I shall adde what M^r. Sherley furder write in a leter of his, about y^e same time, and so leave this bussines. His is as followeth on y^e other side.[EP]

[253] Loving freinds, M^r. Bradford, M^r. Winslow, Cap: Standish, M^r. Prence, and y^e rest of y^e partners w^th you; I shall write this generall leter to you all, hoping it will be a good conclude of a generall, but a costly & tedious bussines I thinke to all, I am sure to me, &c.

I received from M^r. Winslow a letter of y^e 28. of Sept: last, and so much as concernes y^e generall bussines I shall answer in this, not knowing whether I shall have opportunitie to write perticuler letters, &c. I expected more letters from you all, as some perticuler writs,[EQ] but it seemeth no fitt opportunity was offered. And now, though y^e bussines for y^e maine may stand, yet some perticulers is alltered; I say my former agreemente with M^r. Weld & M^r. Peters, before they[ER] could conclude or gett any grante of M^r. Andrews, they sought to have my release; and ther upon they sealed me a bond for a 110^li. So I sente my acquittance, for they said without mine ther would be no end made (& ther was good reason for it). Now they hoped, if y^ey ended with me, to gaine M^r. Andrews parte, as they did holy, to a pound, (at which I should wonder, but y^t I observe some passages,) and they also hoped to have gotten M^r. Beachamps part, & I did thinke he would have given it them. But if he did well understand him selfe, & that acounte, he would give it; for his demands make a great sound.[ES] But it seemeth he would not parte with it, supposing it too great a sume, and y^t he might easily gaine it from you. Once he would have given them 40^li. but now they say he will not doe that, or rather I suppose they will not take it; for if they doe, & have M^r. Andrewses, then they must pay me their bond of 110^li. 3 months hence. Now it will fall out farr better for you, y^t they deal not with Mr. Beachamp, and also for me, if you be as kind to me as I have been & will be to you; and y^t thus, if you pay M^r. Andrews, or y^e Bay men, by his order, 544^li. which is his full demande; but if looked into, perhaps might be less. The man is honest, & in my conscience would not wittingly doe wronge, yett he may forgett as well as other men; and M^r. Winslow may call to minde wherin he forgetts; (but some times it is good to buy peace.) The gentlemen of y^e Bay may abate 100^li. and so both sids have more right & justice then if they exacte all, &c. Now if you send me a 150^li. then say M^r. Andrews full sume, & this, it is nere 700^li. M^r. Beachamp he demands 400^li. and we all know that, if a man demands money, he must shew wherfore, and make proofe of his debte; which I know he can never make good proafe of one hunderd pound dew unto him as principall money; so till he can, you have good reason to keep y^e 500^li. &c. This I proteste I write not in malice against M^r. Beachamp, for it is a reall truth. You may partly see it by M^r. Andrews making up his accounte, and I think you are all perswaded I can say more then M^r. Andrews concerning that accounte. I wish I could make up my owne as plaine & easily, but because of former discontents, I will be sparing till I be called; & you may injoye y^e 500^li. quietly till he begine; for let him take his course hear or ther, it shall be all one, I will doe him no wronge; and if he have not on peney more, he is less loser then either M^r. Andrews or I. This I conceive to be just & honest; y^e having or not having of his release matters not; let him make such proafe of his debte as you cannot disprove, and according to your first agreemente you will pay it, &c.

Your truly affectioned friend, JAMES SHERLEY.

London, Aprill 27. 1643.

Anno Dom: 1643.

I am to begine this year whith that which was a mater of great saddnes and moūring unto them all. Aboute y^e 18. of Aprill dyed their Reve^d Elder, and my dear & loving friend, M^r. William Brewster; a man that had done and suffered much for y^e Lord Jesus and y^e gospells sake, and had bore his parte in well and woe with this poore persecuted church above 36. years [254] in England, Holand, and in this wildernes, and done y^e Lord & them faithfull service in his place & calling. And notwithstanding y^e many troubls and sorrows he passed throw, the Lord upheld him to a great age. He was nere fourskore years of age (if not all out) when he dyed. He had this blesing added by y^e Lord to all y^e rest, to dye in his bed, in peace, amongst y^e mids of his freinds, who mourned & wepte over him, and ministered what help & comforte they could unto him, and he againe recomforted them whilst he could. His sicknes was not long, and till y^e last day therof he did not wholy keepe his bed. His speech continued till somewhat more then halfe a day, & then failed him; and aboute 9. or 10. a clock that evīng he dyed, without any pangs at all. A few howers before, he drew his breath shorte, and some few minuts before his last, he drew his breath long, as a man falen into a sound slepe, without any pangs or gaspings, and so sweetly departed this life unto a better.

I would now demand of any, what he was y^e worse for any former sufferings? What doe I say, worse? Nay, sure he was y^e better, and they now added to his honour. It is a manifest token (saith y^e Apostle, 2. Thes: 1. 5, 6, 7.) of y^e righeous judgmente of God that you may be counted worthy of y^e kingdome of God, for which ye allso suffer; seing it is a righteous thing with God to recompence tribulation to them y^t trouble you: and to you who are troubled, rest with us, when y^e Lord Jesus shall be revealed from heaven, with his mighty angels. 1. Pet. 4. 14. If you be reproached for y^e name of Christ, hapy are ye, for y^e spirite of glory and of God resteth upon you. What though he wanted y^e riches and pleasurs of y^e world in this life, and pompous monuments at his funurall? yet y^e memoriall of y^e just shall be blessed, when y^e name of y^e wicked shall rott (with their marble monuments). Pro: 10. 7.

I should say something of his life, if to say a litle were not worse then to be silent. But I cannot wholy forbear, though hapily more may be done hereafter. After he had attained some learning, viz. y^e knowledg of y^e Latine tongue, & some insight in y^e Greeke, and spent some small time at Cambridge, and then being first seasoned with y^e seeds of grace and vertue, he went to y^e Courte, and served that religious and godly gentlman, M^r. Davison, diverce years, when he was Secretary of State; who found him so discreete and faithfull as he trusted him above all other that were aboute him, and only imployed him in all matters of greatest trust and secrecie. He esteemed him rather as a sonne then a servante, and for his wisdom & godlines (in private) he would converse with him more like a freind & familier then a maister. He attended his m^r. when he was sente in ambassage by the Queene into y^e Low-Countries, in y^e Earle of Leicesters time, as for other waighty affaires of state, so to receive possession of the cautionary townes, and in token & signe therof the keyes of Flushing being delivered to him, in her ma^tis name, he kepte them some time, and comitted them to this his servante, who kept them under his pilow, on which he slepte y^e first night. And, at his returne, y^e States honoured him with a gould chaine, and his maister comitted it to him, and comanded him to wear it when they arrived in England, as they ridd thorrow the country, till they came to y^e Courte. He afterwards remained with him till his troubles, that he was put from his place aboute y^e death of y^e Queene of Scots; and some good time after, doeing him manie faithfull offices of servise in y^e time of his troubles. Afterwards he wente and lived in y^e country, in good esteeme amongst his freinds and y^e gentle-men of those parts, espetially the godly & religious. He did much good in y^e countrie wher he lived, in promoting and furthering religion, not only by his practiss & example, and provocking and incouraging of others, but by procuring of good preachers to y^e places theraboute, and, drawing on of others to assiste & help forward in such a worke; he him selfe most comonly deepest in y^e charge, & some times above his abillitie. And in this state he continued many years, doeing y^e best good he could, and walking according to y^e light he saw, till y^e Lord reveiled further unto him. And in y^e end, by y^e tirrany of y^e bishops against godly preachers & people, in silenceing the one & persecuting y^e other, he and many more of those times begane to looke further into things, and to see into y^e unlawfullnes of their callings, and y^e burthen of many anti-christian corruptions, which both he and they endeavored to cast of; as y^ey allso did, as in y^e begining of this treatis is to be seene. [255] After they were joyned togither in comunion, he was a spetiall stay & help unto them. They ordinarily mett at his house on y^e Lords day, (which was a manor of y^e bishops,) and with great love he entertained them when they came, making provission for them to his great charge. He was y^e cheefe of those that were taken at Boston, and suffered y^e greatest loss; and of y^e seven that were kept longst in prison, and after bound over to y^e assises. Affter he came into Holland he suffered much hardship, after he had spente y^e most of his means, haveing a great charge, and many children; and, in regard of his former breeding & course of life, not so fitt for many imployments as others were, espetially such as were toylesume & laborious. But yet he ever bore his condition with much cherfullnes and contentation. Towards y^e later parte of those 12. years spente in Holland, his outward condition was mended, and he lived well & plentifully; for he fell into a way (by reason he had y^e Latine tongue) to teach many students, who had a disire to lerne y^e English tongue, to teach them English; and by his method they quickly attained it with great facilitie; for he drew rules to lerne it by, after y^e Latine maner; and many gentlemen, both Danes & Germans, resorted to him, as they had time from other studies, some of them being great mens sones. He also had means to set up printing, (by y^e help of some freinds,) and so had imploymente inoughg, and by reason of many books which would not be alowed to be printed in England, they might have had more then they could doe. But now removeing into this countrie, all these things were laid aside againe, and a new course of living must be framed unto; in which he was no way unwilling to take his parte, and to bear his burthen with y^e rest, living many times without bread, or corne, many months together, having many times nothing but fish, and often wanting that also; and drunke nothing but water for many years togeather, yea, till within 5. or 6. years of his death. And yet he lived (by y^e blessing of God) in health till very old age. And besids y^t, he would labour with his hands in y^e feilds as long as he was able; yet when the church had no other minister, he taught twise every Saboth, and y^t both powerfully and profitably, to y^e great contentment of y^e hearers, and their comfortable edification; yea, many were brought to God by his ministrie. He did more in this behalfe in a year, then many that have their hundreds a year doe in all their lives. For his personall abilities, he was qualified above many; he was wise and discreete and well spoken, having a grave & deliberate utterance, of a very cherfull spirite, very sociable & pleasante amongst his freinds, of an humble and modest mind, of a peaceable disposition, under vallewing him self & his owne abilities, and some time over valewing others; inoffencive and inocente in his life & conversation, w^ch gained him y^e love of those without, as well as those within; yet he would tell them plainely of their faults & evills, both publickly & privatly, but in such a maner as usually was well taken from him. He was tender harted, and compassionate of such as were in miserie, but espetialy of such as had been of good estate and ranke, and were fallen unto want & poverty, either for goodnes & religions sake, or by y^e injury & oppression of others; he would say, of all men these deserved to be pitied most. And none did more offend & displease him then such as would hautily and proudly carry & lift up themselves, being rise from nothing, and haveing litle els in them to comend them but a few fine cloaths, or a litle riches more then others. In teaching, he was very moving & stirring of affections, also very plaine & distincte in what he taught; by which means he became y^e more profitable to y^e hearers. He had a singuler good gift in prayer, both publick & private, in ripping up y^e hart & conscience before God, in the humble confession of sinne, and begging y^e mercies of God in Christ for y^e pardon of y^e same. He always thought it were better for ministers to pray oftener, and devide their prears, then be longe & tedious in the same (excepte upon sollemne & spetiall occations, as in days of humiliation & y^e like). His reason was, that y^e harte & spirits of all, espetialy y^e weake, could hardly continue & stand bente (as it were) so long towards God, as they ought to doe in y^t duty, without flagging and falling of. For y^e govermente of y^e church, (which was most [256] proper to his office,) he was carfull to preserve good order in y^e same, and to preserve puritie, both in y^e doctrine & comunion of y^e same; and to supress any errour or contention that might begine to rise up amongst them; and accordingly God gave good success to his indeavors herein all his days, and he saw y^e fruite of his labours in that behalfe. But I must breake of, having only thus touched a few, as it were, heads of things.

I cannot but here take occasion, not only to mention, but greatly to admire y^e marvelous providence of God, that notwithstanding y^e many changes and hardships that these people wente throwgh, and y^e many enemies they had and difficulties they mette with all, that so many of them should live to very olde age! It was not only this reve^d mans condition, (for one swallow maks no summer, as they say,) but many more of them did y^e like, some dying aboute and before this time, and many still living, who attained to 60. years of age, and to 65. diverse to 70. and above, and some nere 80. as he did. It must needs be more then ordinarie, and above naturall reason, that so it should be; for it is found in experience, that chaing of aeir, famine, or unholsome foode, much drinking of water, sorrows & troubls, &c., all of them are enimies to health, causes of many diseaces, consumers of naturall vigoure and y^e bodys of men, and shortners of life. And yet of all these things they had a large parte, and suffered deeply in y^e same. They wente from England to Holand, wher they found both worse air and dyet then that they came from; from thence (induring a long imprisonmente, as it were, in y^e ships at sea) into New-England; and how it hath been with them hear hath allready beene showne; and what crosses, troubls, fears, wants, and sorrowes they had been lyable unto, is easie to conjecture; so as in some sorte they may say with y^e Apostle, 2. Cor: 11. 26, 27. they were in journeyings often, in perils of waters, in perills of robers, in perills of their owne nation, in perils among y^e heathen, in perills in y^e willdernes, in perills in y^e sea, in perills among false breethern; in wearines & painfullnes, in watching often, in hunger and thirst, in fasting often, in could and nakednes. What was it then that upheld them? It was Gods vissitation that preserved their spirits. Job 10. 12. Thou hast given me life and grace, and thy vissitation hath preserved my spirite. He that upheld y^e Apostle upheld them. They were persecuted, but not forsaken, cast downe, but perished not. 2. Cor: 4. 9. As unknowen, and yet knowen; as dying, and behold we live; as chastened, and yett not kiled. 2. Cor: 6. 9. God, it seems, would have all men to behold and observe such mercies and works of his providence as these are towards his people, that they in like cases might be incouraged to depend upon God in their trials, & also blese his name when they see his goodnes towards others. Man lives not by bread only, Deut: 8. 3. It is not by good & dainty fare, by peace, & rest, and harts ease, in injoying y^e contentments and good things of this world only, that preserves health and prolongs life. God in such examples would have y^e world see & behold that he can doe it without them; and if y^e world will shut ther eyes, and take no notice therof, yet he would have his people to see and consider it. Daniell could be better liking with pulse then others were with y^e kings dainties. Jaacob, though he wente from one nation to another people, and passed thorow famine, fears, & many afflictions, yet he lived till old age, and dyed sweetly, & rested in y^e Lord, as infinite others of Gods servants have done, and still shall doe, (through Gods goodnes,) notwithstanding all y^e malice of their enemies; when y^e branch of y^e wicked shall be cut of before his day, Job. 15. 32. and the bloody and deceitfull men shall not live out halfe their days. Psa: 55. 23.

By reason of y^e plottings of the Narigansets, (ever since y^e Pequents warr,) the Indeans were drawne into a generall conspiracie against y^e English in all parts, as was in part discovered y^e yeare before; and now made more plaine and evidente by many discoveries and free-conffessions of sundrie Indeans (upon severall occasions) from diverse places, concuring in one; with such other concuring circomstances as gave them suffissently to understand the trueth therof, and to thinke of means, how to prevente y^e same, and secure them selves. Which made them enter into this more nere union & confederation following.

[257] Articles of Confederation betweene y^e Plantations under y^e Govermente of Massachusets, y^e Plantations under y^e Govermente of New-Plimoth, y^e Plantations under y^e Govermente of Conightecute, and y^e Govermente of New-Haven, with y^e Plantations in combination therwith.

Wheras we all came into these parts of America with one and y^e same end and aime, namly; to advance the kingdome of our Lord Jesus Christ, & to injoye y^e liberties of y^e Gospell in puritie with peace; and wheras in our setling (by a wise providence of God) we are further disperced upon y^e sea coasts and rivers then was at first intended, so y^t we cannot, according to our desires, with convenience comunicate in one govermente & jurisdiction; and wheras we live encompassed with people of severall nations and strang languages, which hereafter may prove injurious to us and our posteritie; and for as much as y^e natives have formerly committed sundrie insolencies and outrages upon severall plantations of y^e English, and have of late combined them selves against us; and seeing, by reason of those distractions in England (which they have heard of) and by which they know we are hindered from y^t humble way of seeking advice or reaping those comfurtable fruits of protection which at other times we might well expecte; we therfore doe conceive it our bounden duty, without delay, to enter into a presente consociation amongst our selves, for mutuall help & strength in all our future concernments. That as in nation and religion, so in other respects, we be & continue one, according to y^e tenor and true meaning of the insuing articles. (1) Wherfore it is fully agreed and concluded by & betweene y^e parties or jurisdictions above named, and they joyntly & severally doe by these presents agree & conclude, that they all be and henceforth be called by y^e name of The United Colonies of New-England.

2. The said United Collonies, for them selves & their posterities, doe joyntly & severally hereby enter into a firme & perpetuall league of frendship & amitie, for offence and defence, mutuall advice and succore upon all just occasions, both for preserving & propagating y^e truth of y^e Gospell, and for their owne mutuall saftie and wellfare.

3. It is further agreed that the plantations which at presente are or hereafter shall be setled with[in] y^e limites of y^e Massachusets shall be for ever under y^e Massachusets, and shall have peculier jurisdiction amonge them selves in all cases, as an intire body. And y^t Plimoth, Conightecutt, and New-Haven shall each of them have like peculier jurisdition and govermente within their limites and in refference to y^e plantations which allready are setled, or shall hereafter be erected, or shall setle within their limites, respectively; provided y^t no other jurisdition shall hereafter be taken in, as a distincte head or member of this confederation, nor shall any other plantation or jurisdiction in presente being, and not allready in combination or under y^e jurisdiction of any of these confederats, be received by any of them; nor shall any tow of y^e confederats joyne in one jurisdiction, without consente of y^e rest, which consete to be interpreted as is expresed in y^e sixte article ensewing.

4. It is by these conffederats agreed, y^t the charge of all just warrs, whether offencive or defencive, upon what parte or member of this confederation soever they fall, shall, both in men, provissions, and all other disbursments, be borne by all y^e parts of this confederation, in differente proportions, according to their differente abillities, in maner following: namely, y^t the comissioners for each jurisdiction, from time to time, as ther shall be occasion, bring a true accounte and number of all their males in every plantation, or any way belonging too or under their severall jurisdictions, of what qualitie or condition soever they be, from 16. years old to 60, being inhabitants ther; and y^t according to y^e differente numbers which from time to time shall be found in each jurisdiction upon a true & just accounte, the service of men and all charges of y^e warr be borne by y^e pole; each jurisdiction or plantation being left to their owne just course & custome of rating them selves and people according to their differente estates, with due respects to their qualities and exemptions amongst them selves, though the confederats take no notice of any such priviledg. And y^t according to their differente charge of each jurisdiction & plantation, the whole advantage of y^e warr, (if it please God to blesse their indeaours,) whether it be in lands, goods, or persons, shall be proportionably devided amonge y^e said confederats.

5. It is further agreed, that if these jurisdictions, or any plantation under or in combynacion with them, be invaded by any enemie whomsoever, upon notice & requeste of any 3. [258] magistrats of y^t jurisdiction so invaded, y^e rest of y^e confederats, without any further meeting or expostulation, shall forthwith send ayde to y^e confederate in danger, but in differente proportion; namely, y^e Massachusets an hundred men sufficently armed & provided for such a service and journey, and each of y^e rest forty five so armed & provided, or any lesser number, if less be required according to this proportion. But if such confederate in danger may be supplyed by their nexte confederates, not exeeding y^e number hereby agreed, they may crave help ther, and seeke no further for y^e presente; y^e charge to be borne as in this article is exprest, and at y^e returne to be victuled & suplyed with powder & shote for their jurney (if ther be need) by y^t jurisdiction which imployed or sent for them. But none of y^e jurisdictions to exceede these numbers till, by a meeting of y^e comissioners for this confederation, a greater aide appear nessessarie. And this proportion to continue till upon knowlege of greater numbers in each jurisdiction, which shall be brought to y^e nexte meeting, some other proportion be ordered. But in such case of sending men for presente aide, whether before or after such order or alteration, it is agreed y^t at y^e meeting of y^e comissioners for this confederation, the cause of such warr or invasion be duly considered; and if it appeare y^t the falte lay in y^e parties so invaded, y^t then that jurisdiction or plantation make just satisfaction both to y^e invaders whom they have injured, and beare all y^e charges of y^e warr them selves, without requiring any allowance from y^e rest of y^e confederats towards y^e same. And further, y^t if any jurisdiction see any danger of any invasion approaching, and ther be time for a meeting, that in such a case 3. magistrats of y^t jurisdiction may sumone a meeting, at such conveniente place as them selves shall thinke meete, to consider & provid against y^e threatened danger, provided when they are mett, they may remove to what place they please; only, whilst any of these foure confederats have but 3 magistrats in their jurisdiction, their requeste, or summons, from any 2. of them shall be accounted of equall force with y^e 3. mentioned in both the clauses of this article, till ther be an increase of majestrats ther.

6. It is also agreed y^t, for y^e managing & concluding of all affairs propper, & concerning the whole confederation, tow comissioners shall be chosen by & out of each of these 4. jurisdictions; namly, 2. for y^e Massachusets, 2. for Plimoth, 2. for Conightecutt, and 2. for New-Haven, being all in church fellowship with us, which shall bring full power from their severall Generall Courts respectively to hear, examene, waigh, and detirmine all affairs of warr, or peace, leagues, aids, charges, and numbers of men for warr, divissions of spoyles, & whatsoever is gotten by conquest; receiving of more confederats, or plantations into combination with any of y^e confederates, and all things of like nature, which are y^e proper concomitants or consequences of such a confederation, for amitie, offence, & defence; not inter-medling with y^e govermente of any of y^e jurisdictions, which by y^e 3. article is preserved entirely to them selves. But if these 8. comissioners when they meete shall not all agree, yet it concluded that any 6. of the 8. agreeing shall have power to setle & determine y^e bussines in question. But if 6. doe not agree, that then such propositions, with their reasons, so farr as they have been debated, be sente, and referred to y^e 4. Generall Courts, viz. y^e Massachusets, Plimoth, Conightecutt, and New-haven; and if at all y^e said Generall Courts y^e bussines so referred be concluded, then to be prosecuted by y^e confederats, and all their members. It was further agreed that these 8. comissioners shall meete once every year, besids extraordinarie meetings, (according to the fifte article,) to consider, treate, & conclude of all affaires belonging to this confederation, which meeting shall ever be the first Thursday in September. And y^t the next meeting after the date of these presents, which shall be accounted y^e second meeting, shall be at Boston in y^e Massachusets, the 3. at Hartford, the 4. at New-Haven, the 5. at Plimoth, and so in course successively, if in y^e meane time some midle place be not found out and agreed on, which may be comodious for all y^e jurisdictions.

7. It is further agreed, y^t at each meeting of these 8. comissioners, whether ordinarie, or extraordinary, they all 6. of them agreeing as before, may chuse a presidente out of them selves, whose office & work shall be to take care and directe for order, and a comly carrying on of all proceedings in y^e present meeting; but he shall be invested with no such power or respecte, as by which he shall hinder y^e propounding or progrese of any bussines, or any way cast y^e scailes otherwise then in y^e precedente article is agreed.

[259] 8. It is also agreed, y^t the comissioners for this confederation hereafter at their meetings, whether ordinary or extraordinarie, as they may have comission or opportunitie, doe indeaover to frame and establish agreements & orders in generall cases of a civill nature, wherin all y^e plantations are interessed, for y^e preserving of peace amongst them selves, and preventing as much as may be all occasions of warr or difference with others; as aboute y^e free & speedy passage of justice, in every jurisdiction, to all y^e confederats equally as to their owne; not receiving those y^t remove from one plantation to another without due certificate; how all y^e jurisdictions may carry towards y^e Indeans, that they neither growe insolente, nor be injured without due satisfaction, least warr breake in upon the confederats through such miscarriages. It is also agreed, y^t if any servante rune away from his maister into another of these confederated jurisdictions, that in such case, upon y^e certificate of one magistrate in the jurisdiction out of which y^e said servante fledd, or upon other due proofe, the said servante shall be delivered, either to his maister, or any other y^t pursues & brings such certificate or proofe. And y^t upon y^e escape of any prisoner whatsoever, or fugitive for any criminall cause, whether breaking prison, or getting from y^e officer, or otherwise escaping, upon the certificate of 2. magistrats of y^e jurisdiction out of which y^e escape is made, that he was a prisoner, or such an offender at y^e time of y^e escape, they magistrats, or sume of them of the jurisdiction wher for y^e presente the said prisoner or fugitive abideth, shall forthwith grante such a warrante as y^e case will beare, for y^e apprehending of any such person, & the delivering of him into y^e hands of y^e officer, or other person who pursues him. And if ther be help required, for y^e safe returning of any such offender, then it shall be granted to him y^t craves y^e same, he paying the charges therof.

9. And for y^t the justest warrs may be of dangerous consequence, espetially to y^e smaler plantations in these United Collonies, it is agreed y^t neither y^e Massachusets, Plimoth, Conightecutt, nor New-Haven, nor any member of any of them, shall at any time hear after begine, undertake, or ingage them selves, or this confederation, or any parte therof, in any warr whatsoever, (sudden[ET] exegents, with y^e necessary consequents therof excepted, which are also to be moderated as much as y^e case will permitte,) without y^e consente and agreemente of y^e forementioned 8. comissioners, or at the least 6. of them, as in y^e sixt article is provided. And y^t no charge be required of any of they confederats, in case of a defensive warr, till y^e said comissioners have mett, and approved y^e justice of y^e warr, and have agreed upon y^e sume of money to be levied, which sume is then to be paid by the severall confederats in proportion according to y^e fourth article.

10. That in extraordinary occasions, when meetings are summoned by three magistrates of any jurisdiction, or 2. as in y^e 5. article, if any of y^e comissioners come not, due warning being given or sente, it is agreed y^t 4. of the comissioners shall have power to directe a warr which cannot be delayed, and to send for due proportions of men out of each jurisdiction, as well as 6. might doe if all mett; but not less then 6. shall determine the justice of y^e warr, or alow y^e demands or bills of charges, or cause any levies to be made for y^e same.

11. It is further agreed, y^t if any of y^e confederats shall hereafter breake any of these presente articles, or be any other ways injurious to any one of y^e other jurisdictions, such breach of agreemente or injurie shall be duly considered and ordered by y^e comissioners for y^e other jurisdiction; that both peace and this presente confederation may be intirly preserved without violation.

12. Lastly, this perpetuall confederation, and y^e severall articles therof being read, and seriously considered, both by y^e Generall Courte for y^e Massachusets, and by y^e comissioners for Plimoth, Conigtecute, & New-Haven, were fully alowed & confirmed by 3. of y^e forenamed confederats, namly, y^e Massachusets, Conightecutt, and New-Haven; only y^e comissioners for Plimoth haveing no comission to conclude, desired respite till they might advise with their Generall Courte; wher upon it was agreed and concluded by y^e said Courte of y^e Massachusets, and the comissioners for y^e other tow confederats, that, if Plimoth consente, then the whole treaty as it stands in these present articls is, and shall continue, firme & stable without alteration. But if Plimoth come not in, yet y^e other three confederats doe by these presents [260] confeirme y^e whole confederation, and the articles therof; only in September nexte, when y^e second meeting of y^e comissioners is to be at Boston, new consideration may be taken of y^e 6. article, which concerns number of comissioners for meeting & concluding the affaires of this confederation, to y^e satisfaction of y^e Courte of y^e Massachusets, and y^e comissioners for y^e other 2. confederats, but y^e rest to stand unquestioned. In y^e testimonie wherof, y^e Generall Courte of y^e Massachusets, by ther Secretary, and y^e comissioners for Conightecutt and New-Haven, have subscribed these presente articles this 19. of y^e third month, comonly called May, Anno Dom: 1643.

At a meeting of y^e comissioners for y^e confederation held at Boston y^e 7. of Sept: it appearing that the Generall Courte of New-Plimoth, and y^e severall towneshipes therof, have read & considered & approved these articles of confederation, as appeareth by comission from their Generall Courte bearing date y^e 29. of August, 1643. to M^r. Edward Winslow and M^r. William Collier, to ratifie and confirme y^e same on their behalfes. We, therfore, y^e Comissioners for y^e Massachusets, Conightecutt, & New Haven, doe also, for our severall goverments, subscribe unto them.

JOHN WINTHROP, Gov^r. of y^e Massachusest. THO: DUDLEY. GEO: FENWICK. THOMAS GREGSON. THEOPH: EATON. EDWA: HOPKINS. THOMAS GREGSON.

These were y^e articles of agreemente in y^e union and confederation which they now first entered into; and in this their first meeting, held at Boston y^e day & year abovesaid, amongst other things they had this matter of great consequence to considere on: the Narigansets, after y^e subduing of y^e Pequents, thought to have ruled over all y^e Indeans aboute them; but y^e English, espetially those of Conightecutt holding correspondencie & frenship with Uncass, sachem of y^e Monhigg Indeans which lived nere them, (as y^e Massachusets had done with y^e Narigansets,) and he had been faithful to them in y^e Pequente warr, they were ingaged to supporte him in his just liberties, and were contented y^t such of y^e surviving Pequents as had submited to him should remaine with him and quietly under his protection. This did much increase his power and augmente his greatnes, which y^e Narigansets could not indure to see. But Myantinomo, their cheefe sachem, (an ambitious & politick man,) sought privatly and by trearchery (according to y^e Indean maner) to make him away, by hiring some to kill him. Sometime they assayed to poyson him; that not takeing, then in y^e night time to knock him on y^e head in his house, or secretly to shoot him, and such like attempts. But none of these taking effecte, he made open warr upon him (though it was against y^e covenants both betweene y^e English & them, as also betweene them selves, and a plaine breach of y^e same). He came suddanly upon him with 900. or 1000. men (never denouncing any warr before). Y^e others power at y^t presente was not above halfe so many; but it pleased God to give Uncass y^e victory, and he slew many of his men, and wounded many more; but y^e cheefe of all was, he tooke Miantinomo prisoner. And seeing he was a greate man, and y^e Narigansets a potente people & would seeke revenge, he would doe nothing in y^e case without y^e advise of y^e English; so he (by y^e help & direction of those of Conightecutt) kept him prisoner till this meeting of y^e comissioners. The comissioners weighed y^e cause and passages, as they were clearly represented & sufficently evidenced betwixte Uncass and Myantinomo; and the things being duly considered, the comissioners apparently saw y^t Uncass could not be safe whilst Miantynomo lived, but, either by secrete trechery or open force, his life would still be in danger. Wherfore they thought he might justly put such a false & bloud-thirstie enimie to death; but in his owne jurisdiction, not in y^e English plantations. And they advised, in y^e maner of his death all mercy and moderation should be showed, contrary to y^e practise of y^e Indeans, who exercise torturs and cruelty. And, [261] Uncass having hitherto shewed him selfe a freind to y^e English, and in this craving their advise, if the Narigansett Indeans or others shall unjustly assaulte Uncass for this execution, upon notice and request, y^e English promise to assiste and protecte him as farr as they may agaīste such violence.

This was y^e issue of this bussines. The reasons and passages hereof are more at large to be seene in y^e acts & records of this meeting of y^e comissioners. And Uncass follewd this advise, and accordingly executed him, in a very faire maner, acording as they advised, with due respecte to his honour & greatnes. But what followed on y^e Narigansets parte will appear hear after.

Anno Dom: 1644.

M^R. EDWARD WINSLOW was chosen Gov^r this year.

Many having left this place (as is before noted) by reason of the straightnes & barrennes of y^e same, and their finding of better accommodations elsewher, more sutable to their ends & minds; and sundrie others still upon every occasion desiring their dismissions, the church begane seriously to thinke whether it were not better joyntly to remove to some other place, then to be thus weakened, and as it were insensibly dissolved. Many meetings and much consultation was held hearaboute, and diverse were mens minds and opinions. Some were still for staying togeather in this place, aledging men might hear live, if they would be contente with their condition; and y^t it was not for wante or necessitie so much y^t they removed, as for y^e enriching of them selves. Others were resolute upon removall, and so signified y^t hear y^ey could not stay; but if y^e church did not remove, they must; insomuch as many were swayed, rather then ther should be a dissolution, to condescend to a removall, if a fitt place could be found, that might more conveniently and comfortablie receive y^e whole, with such accession of others as might come to them, for their better strength & subsistence; and some such like cautions and limitations. So as, with y^e afforesaide provissos, y^e greater parte consented to a removall to a place called Nawsett, which had been superficially veiwed and y^e good will of y^e purchassers (to whom it belonged) obtained, with some addition thertoo from y^e Courte. But now they begane to see their errour, that they had given away already the best & most comodious places to others, and now wanted them selves; for this place was about 50. myles from hence, and at an outside of y^e countrie, remote from all society; also, that it would prove so straite, as it would not be competente to receive y^e whole body, much less be capable of any addition or increase; so as (at least in a shorte time) they should be worse ther then they are now hear. The which, with sundery other like considerations and inconveniences, made them chaing their resolutions; but such as were before resolved upon removall tooke advantage of this agreemente, & wente on notwithstanding, neither could y^e rest hinder them, they haveing made some begining. And thus was this poore church left, like an anciente mother, growne olde, and forsaken of her children, (though not in their affections,) yett in regarde of their bodily presence and personall helpfullness. Her anciente members being most of them worne away by death; and these of later time being like children translated into other families, and she like a widow left only to trust in God. Thus she that had made many rich became her selfe poore.

[262] Some things handled, and pacified by y^e comissioner this year.

Wheras, by a wise providence of God, tow of y^e jurisdictions in y^e westerne parts, viz. Conightecutt & New-haven, have beene latly exercised by sundrie insolencies & outrages from y^e Indeans; as, first, an Englishman, runing from his m^r out of y^e Massachusets, was murdered in y^e woods, in or nere y^e limites of Conightecute jurisdiction; and aboute 6. weeks after, upon discovery by an Indean, y^e Indean sagamore in these parts promised to deliver the murderer to y^e English, bound; and having accordingly brought him within y^e sight of Uncaway, by their joynte consente, as it is informed, he was ther unbound, and left to shifte for him selfe; wherupon 10. Englishmen forthwith coming to y^e place, being sente by M^r. Ludlow, at y^e Indeans desire, to receive y^e murderer, who seeing him escaped, layed hold of 8. of y^e Indeans ther presente, amongst whom ther was a sagamore or 2. and kept them in hold 2. days, till 4. sagamors ingaged themselves within one month to deliver y^e prisoner. And about a weeke after this agreemente, an Indean came presumtuously and with guile, in y^e day time, and murtherously assalted an English woman in her house at Stamford, and by 3. wounds, supposed mortall, left her for dead, after he had robbed y^e house. By which passages y^e English were provoked, & called to a due consideration of their owne saftie; and y^e Indeans generally in those parts arose in an hostile maner, refused to come to y^e English to carry on treaties of peace, departed from their wigwames, left their corne unweeded, and shewed them selves tumultuously about some of y^e English plantations, & shott of peeces within hearing of y^e towne; and some Indeans came to y^e English & tould them y^e Indeans would fall upon them. So y^t most of y^e English thought it unsafe to travell in those parts by land, and some of y^e plantations were put upon strong watchs and ward, night & day, & could not attend their private occasions, and yet distrusted their owne strength for their defence. Wherupon Hartford & New-Haven were sent unto for aide, and saw cause both to send into y^e weaker parts of their owne jurisdiction thus in danger, and New-Haven, for conveniencie of situation, sente aide to Uncaway, though belonging to Conightecutt. Of all which passages they presently acquainted y^e comissioners in y^e Bay, & had y^e allowance & approbation from y^e Generall Courte ther, with directions neither to hasten warr nor to bear such insolencies too longe. Which courses, though chargable to them selves, yet through Gods blessing they hope fruite is, & will be, sweete and wholsome to all y^e collonies; the murderers are since delivered to justice, the publick peace preserved for y^e presente, & probabillitie it may be better secured for y^e future.

Thus this mischeefe was prevented, and y^e fear of a warr hereby diverted. But now an other broyle was begune by y^e Narigansets; though they unjustly had made warr upon Uncass, (as is before declared,) and had, y^e winter before this, ernestly presed y^e Gove^r of y^e Massachusets that they might still make warr upon them to revenge the death of their sagamore, w^ch, being taken prisoner, was by them put to death, (as before was noted,) pretending that they had first received and accepted his ransome, and then put him to death. But y^e Gove^r refused their presents, and tould them y^t it was them selves had done y^e wronge, & broaken y^e conditions of peace; and he nor y^e English neither could nor would allow them to make any further warr upon him, but if they did, must assiste him, & oppose them; but if it did appeare, upon good proofe, that he had received a ransome for his life, before he put him to death, when y^e comissioners mett, they should have a fair hearing, and they would cause Uncass to returne y^e same. But notwithstanding, at y^e spring of y^e year they gathered a great power, and fell upon Uncass, and slue sundrie of his men, and wounded more, and also had some loss them selves. Uncass cald for aide from y^e English; they tould him what y^e Narigansets objected, he deney the same; they tould him it must come to triall, and if he was inocente, if y^e Narigansets would not desiste, they would aide & assiste him. So at this meeting they [263] sent both to Uncass & y^e Narrigansets, and required their sagamors to come or send to y^e comissioners now mete at Hartford, and they should have a faire & inpartiall hearing in all their greevances, and would endeavor y^t all wrongs should be rectified wher they should be found; and they promised that they should safly come and returne without any danger or molestation; and sundry y^e like things, as appears more at large in y^e messengers instructions. Upon w^ch the Narigansets sent one sagamore and some other deputies, with full power to doe in y^e case as should be meete. Uncass came in person, accompanyed with some cheefe aboute him. After the agitation of y^e bussines, y^e issue was this. The comissioners declared to the Narigansett deputies as followeth.