OF PLYMOUTH PLANTATION
by William Bradford
1620-1647 Book Two / pp. 430 - 466
The 28. of ye 5. month, 1637.
The captains reporte we have slaine 13. sachems; but Sas-
sacouse & Monotto are yet living.
That I may make an end of this matter: this Sassa-
couse (ye Pequents cheefe sachem) being fled to ye
Mowhakes, they cutt of his head, with some other
of ye cheefe of them, whether to satisfie ye English, or
rather ye Narigansets, (who, as I have since heard,
hired them to doe it,) or for their owne advantage,
I well know not; but thus this warr tooke end. The
rest of ye Pequents were wholy driven from their place,
and some of them submitted them selves to ye
Narigansets, & lived under them; others of them be-
tooke them selves to ye Monhiggs, under Uncass, their
sachem, wth the approbation of ye English of Conigh-
tecutt, under whose protection Uncass lived, and he
and his men had been faithful to them in this warr,
& done them very good service. But this did so vexe
1637.] PLYMOUTH PLANTATION. 431
the Narrigansetts, that they had not ye whole sweay
over them, as they have never ceased plotting and
contriving how to bring them under, and because they
cannot attaine their ends, because of ye English who
have protected them, they have sought to raise a
generall conspiracie against ye English, as will appear
in an other place.
They had now letters againe out of England from
Mr. Andrews & Mr. Beachamp, that Mr. Sherley neither
had nor would pay them any money, or give them any
accounte, and so with much discontent desired them
hear to send them some, much blaming them still, that
they had sent all to Mr. Sherley, & none to them
selves. Now, though they might have justly referred
them to their former answer, and insisted ther upon,
& some wise men counselled them so to doe, yet be-
cause they beleeved that [227] they were realy out
round sumes of money, (espetialy Mr. Andrews,) and
they had some in their hands, they resolved to send
them what bever they had.* Mr. Sherleys letters were
to this purpose: that, as they had left him in ye
paiment of ye former bills, so he had tould them
he would leave them in this, and beleeve it, they should
find it true. And he was as good as his word, for
they could never gett peney from him, nor bring him
to any accounte, though Mr. Beachamp sued him in ye
Chancerie. But they all of them turned their com-
* But staid it till ye next year.
432 HISTORY OF [BOOK II.
plaints against them here, wher ther was least cause,
and who had suffered most unjustly; first from Mr.
Allerton & them, in being charged with so much of
yt which they never had, nor drunke for; and now
in paying all, & more then all (as they conceived), and
yet still thus more demanded, and that with many
heavie charges. They now discharged Mr. Sherley from
his agencie, and forbad him to buy or send over any
more goods for them, and prest him to come to some
end about these things.
Anno Dom: 1638.
THIS year Mr. Thomas Prence was chosen Govr.
Amongst other enormities that fell out amongst them,
this year 3. men were (after due triall) executed for
robery & murder which they had committed; their
names were these, Arthur Peach, Thomas Jackson, and
Richard Stinnings; ther was a 4., Daniel Crose, who
was also guilt, but he escaped away, and could not
be found. This Arthur Peach was ye cheefe of them,
and ye ring leader of all ye rest. He was a lustie
and a desperate yonge man, and had been one of ye
souldiers in ye Pequente warr, and had done as good
servise as ye most ther, and one of ye forwardest in
any attempte. And being now out of means, and loath
to worke, and falling to idle courses & company, he
intended to goe to ye Dutch plantation; and had alured
these 3., being other mens servants and apprentices,
1638.] PLYMOUTH PLANTATION. 433
to goe with him. But another cause ther was allso
of his secret going away in this maner; he was not
only rune into debte, but he had gott a maid with
child, (which was not known till after his death,) a
mans servante in ye towne, and fear of punishmente
made him gett away. The other 3. complotting with
him, rane away from their maisters in the night, and
could not be heard of, for they went not ye ordinarie
way, but shaped such a course as they thought to
avoyd ye pursute of any [228]. But falling into ye way
that lyeth betweene ye Bay of Massachusetts and the
Narrigansets, and being disposed to rest them selves,
struck fire, and took tobaco, a litle out of ye way,
by ye way side. At length ther came a Narigansett
Indean by, who had been in ye Bay a trading, and
had both cloth & beads aboute him. (They had meett
him ye day before, & he was now returning.) Peach
called him to drinke tobaco with them, and he came
& sate downe with them. Peach tould ye other he
would kill him, and take what he had from him. But
they were some thing afraid; but he said, Hang him,
rogue, he had killed many of them. So they let him
alone to doe as he would; and when he saw his time,
he tooke a rapier and rane him through the body once
or twise, and tooke from him 5. fathume of wampam,
and 3. coats of cloath, and wente their way, leaving
him for dead. But he scrabled away, when they were
gone, and made shift to gett home, (but dyed within
434 HISTORY OF [BOOK II.
a few days after,) by which means they were dis-
covered; and by subtilty the Indeans tooke them. For
they desiring a canow to sett them over a water,
(not thinking their facte had been known,) by ye
sachems comand they were carried to Aquidnett Iland,
& ther accused of ye murder, and were examed &
comitted upon it by ye English ther. The Indeans sent
for Mr. Williams, & made a greeveous complainte; his
freinds and kinred were ready to rise in armes, and
provock the rest therunto, some conceiving they should
now find ye Pequents words trew: that ye English
would fall upon them. But Mr. Williams pacified
them, & tould them they should see justice done upon
ye offenders; & wente to ye man, & tooke Mr. James,
a phisition, with him. The man tould him who did it,
& in what maner it was done; but ye phisition found
his wounds mortall, and that he could not live, (as he
after testified upon othe, before ye jurie in oppen
courte,) and so he dyed shortly after, as both Mr.
Williams, Mr. James, & some Indeans testified in
courte. The Govrt in ye Bay were aquented with it,
but refferrd it hither, because it was done in this
jurisdiction; * but pressed by all means yt justice
might be done in it; or els ye countrie must rise &
see justice done, otherwise it would raise a warr. Yet
some of ye rude & ignorante sorte murmured that any
* And yet afterwards they laid claime to those parts in ye controversie
about Seacunk.
1638.] PLYMOUTH PLANTATION. 435
English should be put to death for ye Indeans. So at
last they of ye iland brought them hither, and being
often examened, and ye evidence prodused, they all in
the end freely confessed in effect all yt the Indean
accused them of, & that they had done it, in ye maner
afforesaid; and so, upon ye forementioned evidence,
were cast by ye jurie, & condemned, & executed for
the same. And some of ye Narigansett Indeans, & of
ye parties freinds, were presente when it was done,
which gave them & all ye countrie good satisfaction.
But it was a matter of much sadnes to them hear,
and was ye 2. execution which they had since they
came; being both for wilfull murder, as hath bene
before related. Thus much of this mater.
[229] They received this year more letters from
England full of reneued complaints, on ye one side,
that they could gett no money nor accounte from Mr.
Sherley; & he againe, yt he was pressed therto, saying
he was to accounte with those hear, and not with
them, &c. So, as was before resolved, if nothing came
of their last letters, they would now send them what
they could, as supposing, when some good parte was
payed them, that Mr. Sherley & they would more
easily agree aboute ye remainder.
So they sent to Mr. Andrews and Mr. Beachamp, by
Mr. Joseph Yonge, in ye Mary & Anne, 1325li. waight
of beaver, devided betweene them. Mr. Beachamp re-
turned an accounte of his moyety, that he made 400li,
436 HISTORY OF [BOOK II.
starling of it, fraight and all charges paid. But Mr.
Andrews, though he had ye more and beter parte, yet
he made not so much of his, through his owne indis-
cretion; and yet turned ye loss* upon them hear, but
without cause.
They sent them more by bills & other paimente,
which was received & acknowledged by them, in
money ! & ye like; which was for katle sould of Mr.
Allertons, and ye price of a bark sold, which belonged
to ye stock, and made over to them in money, 434li.
sterling. The whole sume was 1234li. sterling, save
what Mr. Andrews lost in ye beaver, which was other-
wise made good. But yet this did not stay their
clamors, as will apeare here after more at large.
It pleased God, in these times, so to blesse ye cuntry
with such access & confluance of people into it, as it
was therby much inriched, and catle of all kinds stood
at a high rate for diverce years together. Kine were
sould at 20li. and some at 25li. a peece, yea, some
times at 28li. A cow-calfe usually at l0li. A milch
goate at 3li. & some at 4li. And femall kids at 30s.
and often at 40s. a peece. By which means ye anciente
planters which had any stock begane to grow in their
estats. Corne also wente at a round rate, viz. 6s. a
bushell. So as other trading begane to be neglected;
and the old partners (having now forbidden Mr. Sherley
to send them any more goods) broke of their trade at
* Being about 40li. ! And devided betweene them.
1638.] PLYMOUTH PLANTATION. 437
Kenebeck, and, as things stood, would follow it no
longer. But some of them, (with other they joyned
with,) being loath it should be lost by discontinuance,
agreed with ye company for it, and gave them aboute
ye 6. parte of their gaines for it; [230]. with ye first
fruits of which they builte a house for a prison; and
the trade ther hath been since continued, to ye great
benefite of ye place; for some well fore-sawe that these
high prises of corne and catle would not long continue,
and that then ye comodities ther raised would be much
missed.
This year, aboute ye 1. or 2. of June, was a great
& fearfull earthquake; it was in this place heard be-
fore it was felte. It came with a rumbling noyse, or
low murmure, like unto remoate thunder; it came from
ye norward, & pased southward. As ye noyse aproched
nerer, they earth begane to shake, and came at length
with that violence as caused platters, dishes, & such
like things as stoode upon shelves, to clatter & fall
downe; yea, persons were afraid of ye houses them
selves. It so fell oute yt at ye same time diverse of
ye cheefe of this towne were mett together at one
house, conferring with some of their freinds that
were upon their removall from ye place, (as if ye Lord
would herby shew ye signes of his displeasure, in their
shaking a peeces & removalls one from an other.)
However it was very terrible for ye time, and as
* 130 in MS.
438 HISTORY OF [ROOK II.
ye men were set talking in ye house, some women
& others were without ye dores, and ye earth shooke
with yt violence as they could not stand without
catching hould of ye posts & pails yt stood next
them; but ye violence lasted not long. And about
halfe an hower, or less, came an other noyse &
shaking, but nether so loud nor strong as ye former,
but quickly passed over; and so it ceased. It was
not only on ye sea coast, but ye Indeans felt it
within land; and some ships that were upon ye coast
were shaken by it. So powerfull is ye mighty hand of
ye Lord, as to make both the earth & sea to shake,
and the mountaines to tremhle before him, when he
pleases; and who can stay his hand? It was observed
that ye somers, for divers years togeather after this
earthquake, were not so hotte & seasonable for ye
ripning of corne & other fruits as formerly; but
more could & moyst, & subjecte to erly & untimly
frosts, by which, many times, much Indean corne
came not to maturitie; but whether this was any
cause, I leave it to naturallists to judge.
Anno Dom: 1639. & Anno Dom: 1640.
THESE 2. years I joyne togeather, because in them
fell not out many things more then ye ordinary pas-
sages of their comone affaires, which are not need-
full to be touched. [231] Those of this plantation
having at sundrie times granted lands for severall
1639, 1640.] PLYMOUTH PLANTATION. 439
townships, and arnonost ye rest to ye inhabitants of
Sityate, some wherof issewed from them selves, and
allso a large tracte of land was given to their 4.
London partners in yt place, viz. Mr. Sherley, Mr.
Beacham, Mr. Andrews, & Mr. Hatherley. At Mr.
Hatherley's request and choys it was by him taken
for him selfe and them in yt place; for the other
3. had invested him with power & trust to chose
for them. And this tracte of land extended to their
utmoste limets that way, and bordered on their neig-
bours of ye Massachusets, who had some years after
seated a towne (called Hingam) on their lands next
to these parts. So as now ther grue great difference
betweene these 2. townships, about their bounds, and
some meadow grownds that lay betweene them. They
of Hingam presumed to alotte parte of them to their
people, and measure stack them out. The other
pulled up their stacks, threw them. So it grew
to a controversie betweene the 2. goverments, & many
letters and passages were betweene them aboute it;
and it hunge some 2. years in suspense. The Courte
of Massachusets appointed some to range their line
according to ye bounds of their patente, and (as they
wente to worke) they made it to take in all Sityate,
and I know not how much more. Againe, on ye
other hand, according to ye line of ye patente of
this place, it would take in Hingame and much more
within their bounds.
440 HISTORY OF [BOOK II.
In ye end boath Courts agreed to chose 2. comis-
sioners of each side, and to give them full & absolute
power to agree and setle ye bounds betwene them; and
what they should doe in ye case should stand irrevo-
cably. One meeting they had at Hingam, but could
not conclude; for their comissioners stoode stiflly on
a clawes in their graunte, That from Charles-river,
or any branch or parte therof, they were to extend
their limits, and 3. myles further to ye southward;
or from ye most southward parte of ye Massachusets
Bay, and 3. mile further. But they chose to stand
on ye former termes, for they had found a smale
river, or brooke rather, that a great way with in
land trended southward, and issued into some part
of yt river taken to be Charles-river, and from ye
most southerly part of this, & 3. mile more south-
ward of ye same, they would rune a line east to ye
sea, aboute 20. mile; which will (say they) take in
a part of Plimoth itselfe. Now it is to be knowne
yt though this patente & plantation were much the
ancienter, yet this inlargemente of ye same (in which
Sityate stood) was granted after theirs, and so theirs
were first to take place, before this inlargmente. Now
their answer was, first, that, however according to their
plan, they could noway come upon any part of
their ancieante grantee [232] 21y. They could never
prove yt to be a parte of Charles-river, for they knew
not which was Charles-river, but as ye people of this
1639, 1640.] PLYMOUTH PLANTATION. 441
place, which came first, imposed such a name upon
yt river, upon which, since, Charles-towne is builte
(supposing yt was it, which Captaine Smith in his,
mapp so named). Now they yt first named it have
best reason to know it, and to explaine which is it.
But they only tooke it to be Charles river, as fare
as it was by them navigated, and yt was as fall as
a boate could goe. But yt every runlett or small
brooke, yt should, farr within land, come into it, or
mixe their stremes with it, and were by ye natives
called by other & differente names from it, should
now by them be made Charles-river, or parts of it,
they saw no reason for it. And gave instance in
Humber, in Old England, which had ye Trente, Ouse,
and many others of lesser note fell into it, and yet
were not counted parts of it; and many smaler rivers
& broks fell into ye Trente, & Ouse, and no parts
of them, but had nams aparte, and divisions & nom-
inations of them selves. Againe, it was pleaded that
they had no east line in their patente, but were to
begine at ye sea, and goe west by a line, &c. At
this meeting no conclution was made, but things dis-
cussed & well prepared for an issue. The next year
ye same comissioners had their power continued or re-
newed, and mett at Sityate, and concluded ye mater,
as followeth.
442 HISTORY OF [BOOK II.
The agreemente of ye bounds betwixte Plimoth and Massa-
chusetts.
Wheras ther were tow comissiones granted by ye
2. juris- dictions, ye one of Massachsets Govermente, granted unto
John Endecott, gent: and Israell Stoughton, gent: the other
of New-Plimoth Govermente, to William Bradford, Govr, and
Edward Winslow, gent: and both these for ye setting out,
setling, & determining of ye bounds & limitts of ye lands
betweene ye said jurisdictions, wherby not only this presente
age, but ye posteritie to come may live peaceably & quietly
in yt behalfe. And for as much as ye said comissioners on
both sids have full power so to doe, as appeareth by ye
records of both jurisdictions; we therfore, ye said comissioners
above named, doe hearby with one consente & agreemente
conclude, detirmine, and by these presents declare, that all
ye marshes at Conahasett yt lye of ye one side of ye river
next to Hingam, shall belong to ye jurisdition of Massa-
chusetts Plantation; and all ye marshes yt lye on ye other
side of ye river next to Sityate, shall be long to ye jurisdiction
of New-Plimoth; excepting 60. acers of marsh at ye mouth
of ye river, on Sityate side next to the sea, which we doe
herby agree, conclude, & detirmine shall belong to ye juris-
dition of Massachusetts. And further, we doe hearby agree,
determine, and conclude, yt the bounds of ye limites betweene
both ye said jurisditions are as followeth, viz. from ye mouth
of ye brook yt runeth into Chonahasett marches (which we
call by ye name of Bound-brooke) with a stright & directe
line to ye midle of a great ponde, yt lyeth on ye right hand
of ye uper path, or commone way, yt leadeth betweene
Waimoth and Plimoth, close to ye path as [233] we goe
alonge, which was formerly named (and still we desire may
be caled) Accord pond, lying aboute five or 6. myles from
Weimoth southerley; and from thence with a straight line to
1639, 1640.] PLYMOUTH PLANTATION. 443
ye souther-most part of Charles-river,* & 3. miles southerly,
inward into ye countrie, according as is expresed in ye patente
granted by his Matie to ye Company of ye Massachusetts Plan-
tation. Provided all ways and never ye less concluded &
determined by mutuall agreemente betweene ye said comis-
sioners, yt if it fall out yt the said line from Accord-pond
to ye sothermost parte of Charles-river, & 3. myles southerly
as is before expresed, straiten or hinder any parte of any
plantation begune by ye Govert of New-Plimoth, or hereafter
to be begune within 10. years after ye date of these psnts,
that then, notwithstanding ye said line, it shall be lawfull
for ye said Govrt of New-Plimoth to assume on ye northerly
side of ye said line, wher it shall so intrench as afforesaid,
so much land as will make up ye quantity of eight miles
square, to belong to every shuch plantation begune, or to
[be] begune as afforesaid; which we agree, determine, &
conclude to appertaine & belong to ye said Govrt of New-
Plimoth. And wheras ye said line, from ye said brooke which
runeth into Choahassett saltmarshes, called by us Bound-
brooke, and ye pond called Accord-pond, lyeth nere ye lands
belonging to ye tounships of Sityate & Hingam, we doe ther-
fore hereby determine & conclude, that if any devissions
allready made and recorded, by either ye said townships, doe
crose the said line, that then it shall stand, & be of force
according to ye former intents and purposes of ye said townes
granting them (the marshes formerly agreed on exepted).
And yt no towne in either jurisdiction shall hereafter ex-
ceede, but containe them selves within ye said lines expressed.
In witnes wherof we, the comissioners of both jurisdictions,
doe by these presents indented set our hands & seales ye
ninth day of ye 4. month in 16. year of our soveraine lord, .
king Charles; and in ye year of our Lord, 1640.
WILLIAM BRADFORD, Govr. Jo: ENDECOTT.
ED: WINSLOW. ISRAELL STOUGHTON.
Which is Charles River may still be questioned.
444 HISTORY OF [BOOK II.
Wheras ye patente was taken in ye name of William
Bradford, (as in trust,) and rane in these termes: To
him, his heires, and associats & assignes; and now ye
noumber of free-men being much increased, and diverce
tounships established and setled in severall quarters of
ye govermente, as Plimoth, Duxberie, Sityate, Tanton,
Sandwich, Yarmouth, Barnstable, Marchfeeld, and not
longe after, Seacunke (called afterward, at ye desire
of ye inhabitants, Rehoboth) and Nawsett, it was by
ye Courte desired that William Bradford should make a
surrender of ye same into their hands. The which he
willingly did, in this maner following.
Wheras William Bradford, and diverce others ye first in-
struments of God in the begining of this great work of
plantation, togeather with such as ye allordering hand of God
in his providence soone added unto them, have been at very
great charges to procure ye lands, priviledges, & freedoms
from all intanglments, as may appeare by diverse & sundrie
deeds, inlargments of grants, purchases, and payments of
debts, &c., by reason wherof ye title to ye day of these
presents [234] remaineth in ye said William Bradford, his
heires, associats, and assignes: now, for ye better setling
of ye estate of the said lands (contained in ye grant or
pattente), the said William Bradford, and those first instru-
ments termed & called in sondry orders upon publick recorde,
ye Purchasers, or Old comers; witnes 2. in spetialI, the one
bearing date ye 3, of March, 1639. the other in Des: the
1. Ano 1640. wherunto these presents have spetiall relation
& agreemente, and wherby they are distinguished from other
ye freemen & inhabitants of ye said corporation. Be it
knowne unto all men, therfore, by these presents, that the
1639, 1640.] PLYMOUTH PLANTATION. 445
said William Bradford, for him selfe, his heires, together with
ye said purchasers, doe only reserve unto them selves, their
heires, and assignes those 3. tractes of land mentioned in ye
said resolution, order, and agreemente, bearing date ye first
of Des: 1640. viz. first, from ye bounds of Yarmouth, 3. miles
to ye eastward of Naemschatet, and from sea to sea, crose
the neck of land. The 2. of a place called Acoughcouss,
which lyeth in ye botome of ye bay adjoyning to ye west-side
of Pointe Perill, and 2. myles to ye westerne side of ye said
river, to an other place called Acushente liver, which entereth
at ye westerne end of Nacata, and 2. miles to ye eastward
therof, and to extend 8. myles up into ye countrie. The
3. place, from Sowansett river to Patucket river, (with Caw-
sumsett neck,) which is ye cheefe habitation of ye Indeans,
& reserved for them to dwell upon,) extending into ye land 8.
myles through ye whole breadth therof. Togeather with such
other small parcells of lands as they or any of them are per-
sonally possessed of or intressed in, by vertue of any former
titles or grante whatsoever. And ye said William Bradford
doth, by ye free & full consente, approbation, and agreemente
of ye said old-planters, or purchasers, together with ye liking,
approbation, and acceptation of ye other parte of ye said
corporation, surrender into ye hands of ye whole courte, con-
sisting of ye free-men of this corporation of New-Plimoth, all
yt other right & title, power, authority, priviledges, immu-
nities, & freedomes granted in ye said letters patents by ye
said right Honble Counsell for New-England; reserveing his
& their personall right of freemen, together wth the said old
planters afforesaid, excepte ye said lands before excepted,
declaring the freemen of this corporation, togeather with all
such as shal be legally admitted into ye same, his associats:
And ye said William Bradford, for him, his heiers, & assignes,
doe hereby further promise and grant to doe & performe
whatsoever further thing or things, acte or actes, which in
him lyeth, which shall be needfull and expediente for ye better
446 HISTORY OF [BOOK II.
confirming and establishing the said premises, as by Counsel
lerned in ye lawes shall be reasonably advised and devised,
when he shall be ther unto req~lired. In witness wherof, the
! said William Bradford hath in publick courte surrendered
the said letters patents actually into ye hands & power of ye
said courte, binding him selie, his heires, executors, admin-
istrators, and assignes to deliver up whatsoever spetialties
are in his hands that doe or may concerne the same.
[235] In these 2. years they had sundry letters out
of England to send one over to end the buissines and
accounte with Mr. Sherley; who now professed he
could not make up his accounts without ye help of
some from hence, espetialy Mr. Winslows. They had
serious thoughts of it, and ye most parte of ye partners
hear thought it best to send; but they had formerly
written such bitter and threatening letters as Mr. Wins-
low was neither willing to goe, nor yt any other of ye
partners should; for he was perswaded, if any of them
wente, they should he arested, and an action of such
a sume layed upon them as they should not procure
baele, but must lye in prison, and then they would
bring them to what they liste; or other wise they
might be brought into trouble by ye arch-bishops
means, as ye times then stood. But, notwithstand-
ing, they weer much inclined to send, & Captaine
Standish was willing to goe, but they resolved, see-
ing they could not all agree in this thing, and that
it was waighty, and ye consequence might prove dan-
gerous, to take Mr. Winthrops advise in ye thing,
1639, 1640.] PLYMOUTH PLANTATION. 447
and ye rather, because Mr. Andrews had by many
letters acquaynted him with ye differences betweene
them, and appoynted him for his assigne to receive
his parte of ye debte. (And though they deneyed to
pay him any as a debte, till ye controversie was ended,
yet they had deposited 110li. in money in his hands
for Mr. Andrews, to pay to him in parte as soone
as he would come to any agreement with ye rest.)
But Mr. Winthrop was of Mr. Winslows minde, and
disswaded them from sending; so they broak of their
resolution from sending, and returned this answer:
that the times were dangerous as things stood with
them, for they knew how Mr. Winslow had suffered
formerley, and for a small matter was clapte up in
ye Fleete, & it was long before he could gett out,
to both his & their great loss and damage; and
times were not better, but worse, in yt respecte.
Yet, that their equall & honest minds might appeare
to, all men, they made them this tender: to refferr ye
case to some gentle-men and marchants in ye Bay of
ye Massachusetts, such as they should chuse, and were
well knowne unto them selves, (as they perceived
their wer many of their aquaintance and freinds ther,
better knowne to them then ye partners hear,) and
let them be informed in ye case by both sids, and
have all ye evidence yt could be prodused, in writ-
ing, or other wise; and they would be bound to
stand to their determination, and make good their
448 HISTORY OF [BOOK II.
award, though it should cost them all they had in
ye world. But this did not please them, but they
were offended at it, without any great reasone for
ought I know, (seeing nether side could give in clear
accountes, ye partners here could not, by reason they
(to their smarte) were failed by ye accountants they
sent them, and Mr. Sherley pretened he could not
allso,) save as they conceived it a disparagmente
to yeeld to their inferiours in respecte of ye place
and other concurring circomstances. So this came to
nothing; and afterward Mr. Sherley write, yt if Mr.
Winslow would mett him in France, ye Low-Coun-
tries, or Scotland, let ye place be knowne, and he
[236] come to him ther. But in regard of ye troubles
that now begane to arise in our owne nation, and
other reasons, this did not come to any effecte. That
which made them so desirous to bring things to an
end was partly to stope ye clamours and assertions
raised & cast upon them hereabouts; though they
conceived them selves to sustaine the greatest wrong,
and had most cause of complaints; and partly because
they feared ye fall of catle, in which most parte of
their estats lay. And this was not a vaine feare; for
they fell indeede before they came to a conclu-
sion, and that so souddanly, as a cowe that but a
month before was worth 20li., and would so have
passed in any paymente, fell now to 5li. and would
yeeld no more; and a goate that wente at 3li. or 50s.
1641.] PLYMOUTH PLANTATION. 449
would now yeeld but, 8. or 10s. at most. All men
feared a fall of catle, but it was thought it would
be by degrees; and not to be from ye highest pitch
at once to ye lowest, as it did, which was greatly
to ye damage of many, and ye undoing of some. An
other reason was, they many of them grew aged,
(and indeed a rare thing it was that so many part-
ners should all live together so many years as these
did,) and saw many changes were like to befall; so
as they were loath to leave these intanglments upon
their children and posteritie, who might be driven to
remove places, as they had done; yea, them selves
might doe it yet before they dyed. But this bussi-
nes must yet rest; ye next year gave it more rip-
nes, though it rendred them less able to pay, for
ye reasons afforesaid.
Anno Dom: 1641.
MR. SHERLEY being weary of this controversie, and
desirous of an end, (as well as them selves,) write to
Mr. John Atwode and Mr. William Collier, 2. of ye
inhabitants of this place, and of his speatiall aquaint-
ance, and desired them to be a means to bring this
bussines to an end, by advising & counselling the
partners hear, by some way to bring it to a composi-
tion, by mutuall agreemente. And he write to them
selves allso to yt end, as by his letter may apear; so
much therof as concernse ye same I shall hear relate.
450 HISTORY OF [BOOK II.
Sr. My love remembered, &c. I have writte so much con-
cerning ye ending of accounts betweexte us, as I profess I
know not what move to write, &c. If you desire an end
as you seeme to doe, ther is (as I conceive) but 2. waise;
that is, to parfecte all accounts, from ye first to ye last, &c.
Now if we find this difficulte, and tedious, haveing not been
so stricte & carefull as we should and oughte to have
done, as for my owne parte I doe confess I have been some-
what to remisse, and doe verily thinke so are you, &c. I
fear you can never make a perfecte accounte of all your
pety viages, out, & home too & againe, &c.* So then ye
second way must be, by bicling, or [237] compounding; and
this way, first or last, we must fall upon, &e. If we must
warr at law for it, doe not you expecte from me, nether
will I from you, but to cleave ye heare, and then I dare say
ye lawyers will be most gainers, &c. Thus let us set to ye
worke, one way or other, and end, that I may not allways
suffer in my name & estate. And you are not free; nay,
ye gospell suffers by your delaying, and causeth ye professors
of it to be hardly spoken of, that you, being many, & now
able, should combine & joyne togeather to oppress & bur-
den me, &e. Fear not to make a faire & reasonable offer;
beleeve me, I will never take any advantage to plead it
against you, or to wrong you; or else let Mr. Winslow come
over, and let him have such full power & authority as we may
ende by compounding; or else, ye accounts so well and fully
made up, as we may end by reconing. Now, blesed be God,
ye times be much changed here, I hope to see many of you
returne to your native countrie againe, and have such free-
dome & libertie as ye word of God prescribs. Our bishops
were never so near a downfall as now; God hath miracu-
lously confounded them, and turned all their popish
* This was but to pretend advantage, for it could not be done, neither did
it need.
1641.] PLYMOUTH PLANTATION. 451
Machavillian plots & projects on their owne heads, &c.
Thus you see what is fitt to be done concerning our per-
ticulere greevances. I pray you take it seriously into consid-
eration; let each give way a litle that we may meete, &c.
Be you and all yours kindly saluted, &c. So ever rest,
Your loving friend,
JAMES SHERLEY.
Clapham, May 18. 1641.
Being thus by this leter, and allso by Mr. Atwodes
& Mr. Colliers mediation urged to bring things to an
end, (and ye continuall clamors from ye rest,) and by
none more urged then by their own desires, they tooke
this course (because many scandals had been raised
upon them). They apoynted these 2. men before men-
tioned to meet on a certaine day, and called some
other freinds on both sids, and Mr. Free-man, brother
in law to Mr. Beachamp, and having drawne up a col-
lection of all ye remains of ye stock, in what soever it
was, as housing, boats, bark, and all implements be-
longing to ye same, as they were used in ye time of
ye trad, were they better or worce, with ye remaines
of all comodities, as beads, knives, hatchetts, cloth, or
any thing els, as well ye refuse as ye more vendible,
with all debts, as well those yt were desperate as
others more hopefull; and having spent diverce days
to bring this to pass, having ye helpe of all bookes and
papers, which either any of them selves had, or Josias
Winslow, who was their accountante; and they found
ye sume in all to arise (as ye things were valued) to
452. HISTORY OF [BOOK II.
aboute 1400li. And they all of them tooke a volun-
tary but a sollem oath, in ye presence one of an
other, and of all their £rends, ye persons abovesaid yt
were now presente, that this was all that any of them
knew of, or could remember; and Josias Winslow did
ye like for his parte. But ye truth is they wrongd
them selves much in ye valuation, for they recon
some catle as they were taken of Mr. Allerton, as for
instance a cowe in ye hands of one cost 25li. and so
she was valued in this accounte; but when she came
to be past away in parte of paymente, after ye agree-
mente, she would be accepted but at 4li. 15s. [238]
Also, being tender of their oaths, they brought in
they knew owing to ye stock; but they had not made
ye like diligente search what ye stocke might owe to
any, so as many scattering debts fell upon afterwards
more then now they knew of.
Upon this they drew certaine articles of agreemente
betweene Mr Atwode, on Mr. Sherleys behalfe, and
them selves. The effecte is as folloeth.
Articles of agreemente made and concluded upon ye 15. day of
October, 1641. &c.
Imp: Wheras ther was a partnership for diverce years
agreed upon betweene James Sherley, John Beacham, and
Richard Andrews, of London, marchants, and William Brad-
ford, Edward Winslow, Thomas Prence, Myles Standish,
William Brewster, John Aldon, & John Howland, wth Isaack
Allerton, in a trade of beaver skines & other furrs arising
1641.] PLYMOUTH PLANTATION. 453
in New-England; the terme of which said partnership being
expired, and diverse sumes of money in goods adventured
into New-England by ye said James Sherley, John Beachamp,
& Richard Andrews, and many large returnes made from
New-England by ye said William Bradford, Ed: Winslow,
&c.; and differauce arising aboute ye charge of 2. ships, the
one called ye White Angele, of Bristow, and ye other ye
Frindship, of Barnstable, and a viage intended in her, &c.;
which said ships & their viages, ye said William Bradford,
Ed: W. &c. conceive doe not at all appertaine to their ac-
counts of partnership; and weras ye accounts of ye said
partnership are found to be confused, and cannot orderley
appeare (through ye defaulte of J osias Winslow, ye booke
keeper); and weras ye said W. B. &c. have received all
their goods for ye said trade from the foresaid James Sher-
ley, and have made most of their returnes to him, by con-
sente of ye said John Beachamp & Richard Andrews; and
wheras also ye said James Sherley hath given power &
authoritie to Mr. John Atwode, with ye advice & consente
of William Collier, of Duxborow, for and on his behalfe, to
put such an absolute end to ye said partnership, with all
and every accounts, reconings, dues, claimes, demands, what-
soever, to ye said James Sherley, John Beacham, & Richard
Andrews, from ye said W. B. &c. for and concerning ye said
beaver trade, & also ye charge ye said 2. ships, and their
viages made or pretended, whether just 'or unjuste, from ye
worlds begining to this presente, as also for ye paimente
of a purchas of 18001i. made by Isaack Allerton, for and on
ye behalfe of ye said W. B., Ed: W., &c., and of ye joynt
stock, shares, lands, and adventurs, what soever in New-
England aforesaid, as apeareth by a deede bearing date ye
6. Novbr. 1627; and also for and from such sume and sumes
of money or goods as are received by William Bradford,
Tho: Prence, & Myles Standish, for ye recovery of dues, by
accounts betwexte them, ye said James Sherly, John Bea-
454 HISTORY OF [BOOK II.
champ, & Richard Andrews, and Isaack Allerton, for ye ship
caled ye White Angell. Now ye said John Attwode, with ad-
vice & counsell of ye said William Collier, having had much
comunication & spente diverse days in agitation of all ye
said differances & accounts with ye said W. B., E. W.,
&c.; and ye said W. B., E. W., &c. have also, with ye said
book-keeper spente much time in collecting & gathering
togeither ye remainder of ye stock of partnership for ye said
trade, and what soever hath beene received, or is due by ye
said attorneyship before expresed, and all, and all manne
of goods, debts, and dues therunto belonging, as well those
debts that are weake and doubtfull [239] and desperate, as
those yt are more secure, which in all doe amounte to ye
sume of 1400li. or ther aboute; and for more full satisfac-
tion of ye said James Sherley, John Beachamp, & Richard
Andrews, the said W. B. and all ye rest of ye abovesaid
partners, togeither with Josias Winslow ye booke keeper
have taken a voluntarie oath, yt within ye said sume of
1400li. or theraboute, is contained whatsoever they knew, to
ye utmost of their rememberance.
In consideration of all which matters & things before ex-
pressed, and to ye end yt a full, absolute, and finall end
may be now made, and all suits in law may be avoyded
and love & peace continued, it is therfore agreed and con-
cluded betweene ye said John Attwode, with ye advice &
consent of ye said William Colier, for & on ye behalfe of
ye said James Sherley, to and with ye said W. B., &c. in
maner and forme following: viz. that ye said John Attwode
shall procure a sufficiente release and discharge, under ye
hands & seals of ye said James Sherley, John Beachamp,
Richard Andrews, to be delivered fayer & unconcealed unto
ye said William Bradford, &c., at or before ye last day of
August, next insuing ye date hereof, whereby ye said William
Bradford &c., their heires, executors, & administrators, &
1641.] PLYMOUTH PLANTATION. 455
every of them shall be fully and absolutly aquited & dis-
charged of all actions, suits, reconings, accounts, claimes, and
demands whatsoever concerning ye generall stock of beaver
trade, paymente of ye said 1800li. for ye purchass, and all
demands, reckonings, and accounts, just or unjuste, con-
cerning the tow ships Whit-Angell and Frendship aforesaid,
togeather with whatsoever hath been received by ye said
William Bradford, of ye goods or estate of Isaack Allerton,
for satisfaction of ye accounts of ye said ship called ye
Whit Angele, by vertue of a lre of attourney to him, Thomas
Prence, & Myles Standish, directed from ye said James Sher-
ley, John Beachamp, & Richard Andrews, for yt purpose as
afforesaid.
It is also agreed & concluded upon betweene the said
parties to these presents, that the said W. B., E. W., &c.
shall now be bound in 2400li. for paymente of 1200li. in full
satisfaction of all demands as afforesaid; to be payed in
maner & forme following; that is to say, 4001i. within 2.
months next after ye receite of the aforesaid releases and
discharges, one hundred and ten pounds wherof is allready
in ye hands of John Winthrop senior of Boston, Esquire, by
the means of Mr. Richard Andrews afforesaid, and 80li.
waight of beaver now deposited into ye hands of ye said
John Attwode, to be both ill part of paimente of ye said
400li. and ye other 800li. to be payed by 200li. pr anume, to
such assignes as shall be appointed, inhabiting either in
Plimoth or Massachusetts Bay, in such goods & comodi-
ties, and at such rates, as the countrie shall afford at ye
time of delivery & paymente; and in ye mean time ye said
bond of 2400li. to be deposited into ye hands of ye said John
Attwode. And it is agreed upon by & betweene ye said
parties to these presents, that if ye said John Attwode shall
not or cannot procure such said releases & discharges as
afforesaid from ye said James Sherley, John Bachamp, &
456 HISTORY OF [BOOK II.
Richard Andrews, at or before ye last day of August next
insuing ye date hear of, yt then ye said John Attwode shall,
at ye said day precisely, redeliver, or cause to [240] be de-
livered unto ye said W. B., F. W., &e. their said bond of
2400li. and ye said 80li. waight of beaver, or ye due valew
therof, without any fraud or further delay; and for perform-
ance of all & singuler ye covenants and agreements hearin
contained and expressed, which on ye one parte and behalfe
of ye said James Sherley are to be observed & performed,
shall become bound in ye sume of 2400li. to them, ye said
William Bradford, Edward Winslow, Thomas Prence, Myles
Standish, William Brewster, John Allden, and John How-
land. And it is lastly agreed upon betweene ye said parties,
that these presents shall be left in trust, to be kepte forboath
parties, in ye hands of Mr. John Reanour, teacher of
Plimoth. In witnes wherof, all ye said parties have here-
unto severally sett their hands, ye day and year first above
writen.
JOHN ATWODE, WILLIAM BRADFORD, EDWARD WINSLOW, &c.
In ye presence Of EDMOND FRFEMAN,
WILLIAM THOMAS,
WILLIAM PADY,
NATHANIF,LL SOUTHER.
The nexte year this long and tedious bussines came
to some issue, as will then appeare, though not to a
finall ende with all ye, parties; but this much for ye
presente.
I had forooten to inserte in its place how ye church
here had invited and Sent for Mr. Charles Chansey,* a
* Mr. Chancey came to them in ye year 1638. and staid till ye later part of
this year 1641.
1641.] PLYMOUTH PLANTATION. 457
reverend, godly, and very larned man, intending upon
triall to chose him pastor of ye church hear, for ye
more comfortable performance of ye ministrie with Mr.
John Reinor, the teacher of ye same. But ther fell
out some difference aboute baptising, be holding it
ought only to be by diping, and putting ye whole body
under water, and that sprinkling was unlawfull. The
church yeelded that immersion, or dipping, was law-
full, but in this could countrie not so conveniente.
But they could not nor durst not yeeld to him in
this, that sprinkling, (which all ye churches of Christ
doe for ye most parte use at this day) was unlawfull,
& an humane invention, as ye same was prest; but
they were willing, to yeeld to him as far as yey could,
& to ye utmost; and were contented to suffer him to
practise as he was perswaded; and when he came to
minister that ordnance, he might so doe it to any yt
did desire it in yt way, provided he could peacably
suffer Mr. Reinor, and such as desired to have theirs
otherwise baptised by him, by sprinkling or powering
on of water upon them; so as ther might be no dis-
turbance in ye church hereabouts. But he said he
could not yeeld herunto. Upon which the church pro-
cured some other ministers to dispute ye pointe with
him publikly; as Mr. Ralfe Partrich, of Duxberie, who
did it sundrie times, very ablie and suffieently, as allso
some other ministers within this govermente. But he
was not satisfied; so ye church sent to many other
458 HISTORY OF [BOOK II.
churches to crave their help and advise in [241] this
mater, and, with his will & consente, sent them his
arguments writen under his owne hand. They sente
them to ye church at Boston in ye Bay of Massachu-
sets, to be comunicated with other churches ther.
Also they sent the same to ye churches of Conighte-
cutt and New-Haven, with sundrie others; and re-
ceived very able & sufficent answers, as they con-
ceived, from them and their larned ministers, who all
concluded against him. But him selfe was not satis-
fied therewth. Their answers are too large hear to
relate. They conceived ye church had done what was
meete in ye thing, so Mr. Chansey, having been ye most
parte of 3. years here, removed him selfe to Sityate,
wher he now remaines a minister to ye church ther.
Also about these times, now, yt catle &- other things
begane greatly to fall from their former rates, and
persons begane to fall into more straits, and many
being, allready gone from them, (as is noted before,)
both to Duxberie, Alarshfeeld, and other places, &
those of ye cheefe sorte, as Mr. Winslow, Captaine
Standish, Mr. Allden, and many other & stille some
dropping away daly, and some at this time, and many
more unsetled, it did greatly weaken ye place, and by
reason of ye straitnes and barrennes of ye place, it sett
ye thoughts of many upon removeall; as will appere
more hereafter.
1642.] PLYMOLTTH PLANTATION. 459
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 ye breaking out of sundrie no-
torious sins, (as this year, besids other, gives us too
many sad presidents and instances,) espetially drunk-
ennes 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 sod-
omie 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 ye powerful worke & grace of
Gods spirite. But (besids this) one reason may be
that ye Divell may carrie a greater spite against the
churches of Christ and ye gospell hear, by how much
ye more they indeaour to preserve holynes and puritie
amongst them, and strictly punisheth the contrary
460 HISTORY OF [BOOK II.
when it ariseth either in church or comone wealth;
that he might cast a [242] blemishe & staine upon
them in ye eyes of [ye] 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, es-
petially 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 dis-
turbance, then when they are suffered to rune quietly
in their owne chanels. So wikednes being here more
stopped by strict laws, and ye same more nerly looke
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 per-
swaded) 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 pub-
lick by due serch, inquisition, and due punishment;
for ye churches looke narrowly to their members, an
ye magistrats over all, more strictly then in other
places. Besids, here the people are but few in com-
parison of other places, which are full & populous
and lye hid, as it were, in a wood or thickett, and
many horrible evills by yt means are never seen nor
1642.] PLYMOUTH PLANTATION. 461
knowne; wheras hear, they are, as it were, brought
into ye light, and set in ye plaine feeld, or rather on
a hill, made conspicuous to ye veiw of all.
But to proceede; ther came a letter from ye Govr
in ye Bay to them here, touching matters of ye fore-
mentioned nature, which because it may be usefull
I shall hear relate it, and ye passages ther aboute.
Sr: Having an opportunitie to signifie ye desires of our Gen-
erall Court in toow things of spetiall importance, I willingly
take this occasion to imparte them to you, yt you may imparte
them to ye 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; the per-
ticuler cases, with ye circomstances, and ye questions ther
upon, you have hear inclosed. The 2. thing is concerning
ye Ilanders at Aquidnett; yt 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 ye best sorte
are such as close with them in all their rejections of us.
Neither is it only in a faction yt they are devided from us,
but in very deed they rend them selves from all ye true
churches of Christ, and, many of them, from all ye 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 magis-
tracie, ministrie, churches, & church covenants, &c. as anti-
christian; secretly also sowing ye seeds of Familisme, and
Anabaptistrie, to ye 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
462 HISTORY OF [BOOK II.
to you for ye maintenance of ye trad of beaver; if ther be
not a company to order it in every jurisdition among ye
English, which companies should agree in generall of their
way in trade, I supose that ye trade will be overthrowne, and
ye Indeans will abuse us. For this cause we have latly put
it into order amonost us, hoping, of incouragmente from you
(as we have had) yt we may continue ye same. Thus not
further to trouble you, I rest, with my loving remembrance
to your selfe, &c.
Your loving friend,
Ri : BELLINCHAM.
Boston, 28. (1.) 1642.
The note inclosed follows on ye other side.*
[244] Worthy & beloved Sr:
Your letter (with ye questions inclosed) I have comunicated
with our Assistants, and we have refered ye answer of them
to such Reved Elders as are amongst us, some of whose
answers thertoo we have here sent you inclosed, under their
owne hands; from ye rest we have not yet received any. Our
farr distance hath bene ye reason of this long delay, as also
yt 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 cor-
rection, and submission to better judgments, we propose this
one thing, to your prudent considerations. As it seems to us,
in ye case even of willfull murder, that though a man did
smite or wound an other, with a full potirpose or desire to kill
him, (wch is murder in a high degree, before God,) yet if he
*A leaf is here wanting in the original manuscript, it having been cut out.
1642 PLYMOUTH PLANTATION 463
did not dye, the magistrate was not to take away ye others
life.* So by proportion in other grosse & foule sines, though
high attempts & nere approaches to ye same be made, and
such as in the sight & account of God may be as ill as ye
accomplishmente of ye foulest acts of yt sine, yet we doute
whether it may be safe for ye magistrate to proceed to death;
we thinke, upon ye former grounds, rather he may not. As,
for instance, in ye case of adultrie, (if it be admitted yt it is
to be punished wth death, which to some of us is not cleare,)
if ye body be not actually defiled, then death is not to be
inflicted. So in sodomie, & beastialitie, if ther be not pene-
tration. Yet we confess foulnes of circomstances, and fre-
quencie in ye same, doth make us remaine in ye darke, and
desire further light from you, or any, as God shall give.
As for ye 2. thing, concerning ye Ilanders? we have no con-
versing 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 ye spoyle
therof by others, and fear it will hardly be recovered. But
in these, or any other things which may concerne ye comone
good, we shall be willing to advise & concure with you in
what we may. Thus wth my love remembered to your selfe,
and ye rest of our worthy friends, your Assistants, I take
leave, & rest,
Your loving friend,
W. B.
Plim: 17. 3. month, 1642.
Now follows ye ministers answers. And first Mr.
Reynors.
* Exod: 21. 22. Deu: 19. 11. Num: 35. 16. 18.
464 HISTORY OF [BOOK II.
Qest: What sodmiticall acts are to be punished with death,
& what very facte (ipso facto) is worthy of death, or, if ye
fact it selfe be not capitall, what circomstances concurring
may make it capitall?
Ans: In ye judiciall law (ye moralitie wherof concerneth us)
it is manyfest yt carnall knowledg of man, or lying wth 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? 21y. It seems allso yt 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 ye man who was lyen
withall, as well as in him yt lyeth with him; now his sin is
not mitigated wher ther is not penitration, nor augment
wher it is; wheras its charged upon ye women, yt they were
guilty of this unnaturall sine, as well as men, Rom. 1. 26. 27.
Ye same thing doth furder apeare, 2. because of yt proportion
betwexte this sin & beastialitie, wherin if a woman did stand
before, or aproach to, a beast, for yt end, to lye downe therto,
(whether penetration was or not,) it was capitall, Levit: 18.
23. & 20. 16. 31y. Because something els might be equivalent
to penetration wher it had not been, viz. ye 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 ye 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 yt ye same acts were to be pun-
ished with death in some other sines of uncleannes, wch yet
by ye law of God were capitall crimes; besids other reasons,
(1.) because sodomie, & also beastialitie, is more against ye
light of nature then some other capitall crimes of unclainnes,
which reason is to be attended unto, as yt which most of all
1642.] PLYMOUTH PLANTATION. 465
made this sin capitall; (2.) because it might be comited with
more secrecie & less suspition, & therfore needed ye more to
be restrained & suppresed by ye law; (3ly) because ther was
not ye like reason & degree of sining against family & pos-
teritie 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 ye cause brought before him. Job 29. 16.
Pro: 24. 11. 1'4. & 25. 2. (2ly.) If it be manifest yt a capitall
crime is committed, & yt comone reporte, or probabilitie,
suspition, or some complainte, (or ye like,) be of this or yt
person, a magistrate ought to require, and by all due means
to procure from ye person (so farr allready bewrayed) a naked
confession of ye fact, as apears by yt which is morall & of
perpetuall equitie, both in ye case of uncertaine murder, Deut :
21.1.9. and slander, Deut: 22.13.21; for though nemo
tenetur prodere seipsum, yet by that wch may be known to
ye magistrat by ye forenamed means, he is bound thus to doe,
or els he may betray his countrie & people to ye heavie dis-
pleasure of God, Levit: 18. 24. 25. Jos: 22. 18. Psa: 106.
30; such as are inocente to ye sinfull, base, cruell lusts of
ye profane, & such as are delinquents, and others with them,
into ye hands of ye stronger temptations, & more bouldness,
& hardnes of harte, to comite more & worse villany, besids
all ye guilt & hurt he will bring upon him selfe. (3ly.) To
infiicte some punishmente meerly for this reason, to extracte
a conffession of a capitall crime, is contrary to ye nature of
vindictive justice, which always hath respecte to a know crime
comitited by ye person punished; and it will therfore, for any
thing which can before be knowne, be ye provocking and
forcing of wrath, compared to ye wringing of ye nose, Pro:
30. 33. which is as well forbiden ye fathers of ye countrie as
466 HISTORY OF [BOOK II.
of ye family, Ephe. 6. 4. as prod using many sad & dangerous
effects. That an oath (ex officio) for such a purpose is no
due means, hath been abundantly proved by ye 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 ye life of man, one witnes alone
will not suffice, ther must be tow, or yt which is instar
ye texts are manifest, Numb: 35. 30. Deut: 17. 6. & 19. 15
2ly. Ther may be conviction by one witnes, & some thing
yt hath ye force of another, as ye evidencie of ye fact done
by such an one, & not an other; unforced confession when
ther was no fear or danger of suffering for ye fact, hand
writings acknowledged & confessed.
JOHN REYNOR.
Continue on to Book Two / pp. 466 - 504
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