by William Bradford


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


     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-


           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.



 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


      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



In ye presence Of EDMOND FRFEMAN,




     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


     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,


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.


* 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.


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