OF PLYMOUTH PLANTATION
by William Bradford
1620-1647 Book Two / pp. 466 - 504
[246] Mr. Partrich his writing, in ans: to ye questions. What is yt sodomiticall acte which is to be punished with
death?
Though I conceive probable yt a voluntary effusion of seed
per modum concubitus of man with man, as of a man with
woman, though in concubitu ther be not penetratio corporis,
is yt sin which is forbiden, Levit: 18. 22. & adjudged to be
punished with death, Levit: 20. 13. because, though ther be
not penetratio corporis, yet ther may be similitudo concubitus
muliebris, which is yt the law specifieth; yet I dar not be
con-* (1.) because, Gen: 19. 5. ye intended acte of ye Sodo-
mits (who were ye first noted maisters of this unnaturall act
of more then brutish filthines) is expressed by carnall copu-
lation of man with woman: Bring them out unto us, yt we
may know them; (21y.) because it is observed among ye
nations wher this unnaturall unclainnes is comited, it is wth
penetration of ye body; (3ly.) because, in ye judiciall pro-
* "Confident"?
1642.] PLYMOUTH PLANTATION 467
ceedings of ye judges in England, ye indict: so rune (as
I have been informed).
Q. How farr may a magistrat extracte a confession of
a capitall crime from a suspected and an accused person?
Ans. I conceive yt a magistrate is bound, by carfull ex-
amenation of circomstances & waighing of probabilities, to
sifte ye accused, and by force of argumente to draw him
to an acknowledgment of ye truth; but he may not extracte
a confession of a capitall crime from a suspected person by
any violent means, whether it be by an oath imposed, or
by any punishmente inflicted or threatened to be inflicted,
for so he may draw forth an acknowledgmente of a crime
from a fearfull inocente; if guilty, he shall be compelled to
be his owne accuser, when no other can, which is against
ye rule of justice.
Q. In what cases of capitall crimes one witnes with other
circomstances shall be sufficente to convicte; or is ther no,
conviction without two witnesses?
Ans: I conceive yt, in ye case of, capitall crimes, ther can
be no safe proceedings unto judgmente without too witnesses,
as Numb: 35.30. Deut: 19.15. excepte ther can some evi-
dence be prodused as aveilable & firme to prove ye facte as
a witnes is, then one witnes may suffice; for therin ye end
and equitie of ye law is attained. But to proceede unto
sentence of death upon presumptions, wher probably ther
may subesse falsum, though ther be ye testimony of one
wittnes, I supose it cannot be a safe way; better for such a
one to be held in safe custodie for further triall, I conceive.
RALPH PARTRICH.
The Answer of Mr. Charles Chancy.
An contactus et fricatio usq ad seminis effusioem sine
penetratione corporis sit sodomia morte plectenda?
Q. The question is what sodomiticall acts are to be pun-
468 HISTORY OF [BOOK II.
ished wth death, & what very facte committed, (ipso facto,)
is worthy of death, or if ye faete it selfe be not capitall,
what circomstances conjuring may make it capitah. The
same question may be asked of rape, inceste, beastialitie,
unnaturall sins, presumtuous sins. These be ye words of ye
first question.
Ans: The answer unto this I will lay downe (as God
shall directe by his word & spirite) in these following con-
clusions: (1.) That ye judicials of Moyses, that are appen-
dances to ye morall law, grounded on ye law of nature,
or ye decalooue, are imutable, and ppetuall, wch all orthodox
devines acknowledge; see ye authors following. Luther
Tom. 1. Whitenberge: fol. 435. & fol. 7. Melanethon,
in loc: com loco de conjugio. Calvin, 1. 4. Institu. c. 4.
sect. 15. Junious de politia Moysis, thes. 29. & 30. Hen:
Bulin: Decad. 3. sermo. 8. Wolf: Museu. loc.: com: in 6.
precepti explicaci: Bucer de reano Christi, 1. 2. c. 17.
Theo: Beza, vol: 1. de hereti: puniendis, fol. 154. Zanch:
in 3. precept: Ursin: Pt. 4. explicate contra John. Piscat:
in Aphorismi Loe,. de lege dei aphorism. 17. And more
might be added. I forbear, for brevities sake, to set downe
their very words; this being ye constants & generall oppinion
of ye best devines, I will rest in this as undoubtedly true,
though much more might be said to confirme it.
2. That all ye sines mentioned in ye question were pun-
ished with death by ye judiciall law of Moyses, ast adultry,
Levit: 20. 10. Deut: 22. 22. Esech: 16. 38. Jhon. 8. 5.
which is to be understood not only of double adultrie, when
as both parties are maried, (as some conceive,) but who-
soever (besids her husband) lyes with a married woman,
whether ye man be maried or not, as in ye place, Deut: 22.
22. or whosoever, being a maried man, lyeth with another
woman (besids his wife), as P. Martire saith, loc: com:
which in diverce respects maks ye Sine worse on ye maried
1642.] PLYMOUTH PLANTATION. 469
mans parte; for ye Lord in this law hath respect as well to
publick honesty, (the sin being so prejudicall to ye church
& state,) as ye private wrongs (saith Juniolls). So incest
is to be punished with death, Levit: 20. 11. 22. Beastiality
likwise, Lev: 20. 15. Exod: 22. 19. Raps in like maner,
Deut: 22. 25. Sodomie in like sort, Levit: 18. 22. & 20.
13. And all presumptuous sins, Numb: 15. 30. 31.
3. That ye punishmente of these foule sines wth death is
grounded on ye law of nature, & is agreeable to the morall
law. (1.) Because ye reasons anexed shew them to be per-
petuall. Deut. 22. 22. So shalt thou put away evill. Incest,
beastiality, are caled confusion, & wickednes. (2.) Infamie
to ye whole humane nature, Levit: 22. 12. Levit: 18. 23.
Raps are as murder, Deut: 22. 25. Sodomie is an abomi-
nation, Levit: 22. 22. [247] No holier & juster laws can
be devised by any man or angele then have been by ye
Judg of all ye world, the wisdome of ye Father, by whom
kings doe raigne, &c. (3.) Because, before ye giving of ye
Law, this punishmente was anciently practised, Gen: 26. 11.
38.29. 39.20. & even by the heathen, by ye very light of
nature, as P. Martire shews. (4ly.) Because ye land is de-
filed by such sins, and spews out ye inhabitants, Levit: 18.
24, 25. & that in regard of those nations yt were not ac-
quainted wth the law of Moyses. 5. All ye devins above
specified consent in this, that ye unclean acts punishable
with death by ye law of God are not only ye grose acts of
uncleannes by way of carnall copulation, but all ye evidente
attempts therof, which may appeare by those severall words
yt are used by ye spirite of God, expressing ye sins to be
punished with death; as ye discovering of nakednes, Levit:
18. 20. which is retegere pudenda, as parts pr euphemismum
(saith Junius ), or detegere ad cubandum (saith Willett), to
uncover ye shamefull parts of ye body (saith Ainsworth),
which, though it reaches to ye grose acts, yet it is plaine it
470 HISTORY OF [BOOK II.
doth comprehend ye other foregoing immodest attempts, as
contactum, fricationem, &c.; likwise ye phrase of lying with
so often used, doth not only signifie carnall copulation, but
other obscene sets, preeding ye same, is implyed in Pauls
word a]rsenokoi?tai 1 Cor: 6. 9. & men lying with men
1. Tim: 1. 9. men defiling them selves wth mankind, men
burning with lust towards men, Rom: 1. 26. & Levit: 18.*22.
sodom & sin going after strange flesh, Jud: v. 7. S. and
lying with mankind as with a woman, Levit: 18. 22. Abu-
lentis says yt it signifies omnes modos quibus masculus mas-
culo abutatur, changing ye naturall use into yt which is against
nature, Rom: 1. 26. arrogare sibi cubare, as Junius well
translats Levit 20. 15. to give consente to lye withall, so
approaching to a beast, & lying downe therto, Levit : 20. 16.
ob solum conatu ! (saith Willett) or for going about to doe
it. Add to this a notable speech of Zepperus de legibus
(who hath enough to end controversies of this nature).
L. 1. he saith: In crimine adulterii voluntas (understand-
ing manifeste) sine effectu subsecuto de jure attenditur;
and he proves it out of good laws, in these words : Solici-
tatores + alienum nuptiam itemq matrimonium interpellatores,
etsi effectu sceleris potiri non possunt, propter voluntatem
tamen perniciosee libidinis extra ordinem puniuntlir; nam
generate est quidem affectu sine effectu [non] puniri, sed
contrariur, observatur in atrocioribus & horum similibus.
5. In concluding punishments from ye judiciall law of
Moyses yt is perpetuall, we must often preeed by analogicall
proportion & interpretation, as a paribus similibus, minore
ad majus, &e. ; for ther will still fall out some cases, in
every comone-wealth, which are not in so many words ex-
tante in holy write, yet ye snbstance of ye matter in every
kind (I conceive under correction) may be drawne and con-
cluded out of ye scripture by good consequence of an equeva-
* 8 in MS. ! Contic in MS. + Solicitations in MS.
1642.] PLYMOUTH PLANTATION. 471
lent nature; as, for example, ther is no express law against
destroying conception in ye wombe by potions, yet by anologie
with Exod: 21. 22, 23. we may reason yt life is to be given
for life. Againe, ye question, An contactus & fricatio, &c.,
and methinks yt place Gen: 38. 9. in ye punishmente of
Onans sin, may give some cleare light to it; it was (saith
Pareus) beluina crudelitas quam Deus pari loco cum parri-
cidio habuit, nam semen corrumpere, quid fuit aliud quam
hominem ex semine generandum occidere? Propterea juste
a Deo occisus est. Observe his words. And againe, Disca-
mus quantopere Deus abominetur omnem seminis genitalis
abusum, illicit effusionem, & corruptione, &c., very perti-
nente to this case. That allso is considerable, Deut: 25.
11, 12. God comanded yt, if any wife drue nigh to deliver
her husband out of ye hand of him yt smiteth him, &c., her
hand should be cutt off. Yet such a woman in yt case might
say much for her selfe, yt what she did was in trouble &
perplexitie of her minde, & in her husbands defence; yet
her hand must be cutt of for such impuritie (and this is
morall, as I conceive). Then we may reason from ye less
to ye greater, what greevous sin in ye sight of God it is,
by ye instigation of burning lusts, set on fire of hell, to
proceede to contactum & fricationem ad emissionem seminis,
&c., & yt contra naturam, or to attempte ye grosse acts of
unnaturall filthines. Againe, if yt unnaturall lusts of men
with men, or woman with woman, or either with beasts, be
to be punished with death, then a pari naturall lusts of men
towards children under age are so to be punished.
6. Circumstantire variant vis e actiunes, (saith ye lawiers,)
& circomstances in these cases cannot possibly be all reeked
up; but God hath given laws for those causes & cases that
are of greatest momente, by which others are to be judged of,
as in ye differance betwixte chane medley, & willfull
murder; so in ye sins of uncleannes, it is one thing to doe
472 HISTORY OF [BOOK II.
an acte of uncleannes by sudden temptation, & another to
lye in waite for it, yea, to make a Comune practise of it;
this mightily augments & multiplies ye sin. Againe, some
sines of this nature are simple, others compound, as yt is
simple adultrie, or inceste, or simple sodomie; but when
ther is a mixture of diverce kinds of lust, as when adultery
& sodomie & prditio seminis goe togeather in ye same acte
of uncleannes, this is capitall, double, & trible. Againe,
when adultrie or sodomie is comited by pfessors or church
members, I fear it coms too near ye sine of ye preists daugh
ters, forbidden, & comanded to be punished, Levit: 21. 9.
besids ye presumption of ye sines of such. Againe, when
uncleannes is comited with those whose chastity they are
bound to pserve, this coms very nere the incestious copula-
tion, I feare; but I must hasten to ye other questions.
[248] 2. Question ye second, upon ye pointe of exami
nation, how farr a magistrate may extracte a confession
from a delinquente to accuse him selfe in a capitall crime,
seeing Nemo tenetur prodere seipsum.
Ans: The words of ye question may be understood of
extracting a confession from a delinquente either by oath or
bodily tormente. If it be mente of extracting by requiring
an oath, (ex officio, as some call it,) & that in capitall
crimes, I fear it is not safe, nor warented by Gods word,
to extracte a confession from a delinquente by an oath in
matters of life and death. (1.) Because ye practise in ye
Scripturs is other wise, as in ye case of Achan, Jos: 7. 19.
Give, I pray ye, glorie to ye Lord God of Israll, and make
a confession to him, & tell roe how thou hast done. He
did not compell him to sweare. So when as Johnathans life
was indangered, 1. Sam. 14.43. Saule said unto Johnathan,
Tell me what thou hast done; he did not require an oath.
And notable is yt, Jer: 38. 14. Jeremiah was charged by
Zedechias, who said, I will aske the a thing, hide it not
1642.] PLYMOUTH PLANTATION. 473
from me; & Jeremiah said, If I declare it unto ye, wilt
thou not surely put me to death? impling yt, in case of
death, he would have refused to answer him. (2.) Reason
shews it, & experience; Job: 2. 4. Skin for skin, &c. It
is to be feared yt those words (whatsoever a man hath) will
comprehend also ye conscience of an oath, and ye fear of
God, and all care of religion; therfore for laying a snare
before ye guiltie, I think it ought not to be donn. But
now, if ye question be mente of inflicting bodyly torments
to extracte a confession from a mallefactor, I conceive yt
in maters of higest consequence, such as doe conceirne
ye saftie or ruine of stats or countries, magistrats may
proceede so farr to bodily torments as racks, hote-irons,
&c., to extracte a conffession, espetially wher presumptions
are strounge; but otherwise by no means. God sometims
hids a sinner till his wickednes is filled up.
Question 3. In what cases of capitall crimes, one witnes
with other circumstances shall be sufficente to convicte, or
is ther no conviction without 2. witneses?
Deut: 19. 25. God hath given an express rule yt in no
case one witness shall arise in judgmente, espetially not in
capitall cases. God would not put our lives into ye power
of anyone toungue. Besids, by ye examination of more
wittneses agreeing or disagreeing, any falshood ordenarilly
may be discovered; but this is to be understood of one
witnes of another; but if a man witnes against him selfe,
his owne testimony is sufficente, as in ye case of ye Amala-
kite, 2. Sam: 1. 16. Againe, when ther are sure & certaine
signee & evidences by circumstances, ther needs no witnes
in this case, as in ye bussines of Adoniah desiring Abishage
ye Shunamite to wife, that therby he might make way for
him selfe unto ye kingdome, 1. King: 2. 23, 24. Againe,
probably by many concurring circumstances, if probabillity
may have ye strength of a witnes, somthing may be this
474 HISTORY OF [BOOK II.
way gathered, me thinks, from Sallomons judging betweexte
ye true mother, and ye harlote, 1. King. 3. 25. Lastly, I
see no cause why in waighty matters, in defecte of witneses
& other proofes, we may not have recourse to a lott, as in
ye case of Achan, Josu: 7. 16. which is a clearer way in
such doubtfull cases (it being solemnely & religiously per-
formed) then any other that I know, if it be made ye last
refuse. But all this under correction.
The Lord in mercie directe & prosper ye desires of his
servants that desire to walk before him in truth & right-
eousnes in the administration of justice, and give them wis-
dome and largues of harte.
CHARLES CHANNCY.
Besids ye occation before mentioned in these writ-
ings concerning the abuse of those 2. children, they
had aboute ye same time a case of buggerie fell out
amongst them, which occasioned these questions, to
which these answers have been made.
And after ye time of ye writig of these things
befell a very sadd accidents of the like foule nature
in this govermente, this very year, which I shall
now relate. Ther was a youth whose name was
Thomas Granger; he was servant to an honest man
of Duxbery, being aboute 16. or 17. years of age.
(His father & mother lived at the same time at
Sityate.) He was this year detected of buggery (and
indicted for ye same) with a mare, a cowe, tow goats,
five sheep, 2. calves, and a turkey. Horrible [249] it is
to mention, but ye truth of ye historie requires
it. He was first discovered by one yt accidentally
1642.] PLYMOUTH PLANTATION. 475
saw his lewd practise towards the mare. (I forbear
perticulers.) Being upon it examined and comitted,
in ye end he not only confest ye, fact with that beast
at that time, but sundrie times before, and at sev-
erall times with all ye rest of ye forenamed in his
indictmente; and this his free-confession was not only
in private to ye magistrats, (though at first he strived
to deney it,) but to sundrie, both ministers & others,
and afterwards, upon his indictmente, to ye whole
court & jury; and confirmed it at his execution.
And wheras some of ye sheep could not so well be
knowne by his description of them, others with them
were brought before him, and he declared which were
they, and which were not. And accordingly he was
cast by ye jury, and condemned, and after executed
about ye 8. of Septr, 1642. A very sade spectakle
it was; for first the mare, and then ye cowe, and
ye rest of ye lesser catle, were kild before his face,
according to ye law, Levit: 20. 15. and then he him
selfe was executed. The catle were all cast into a
great & large pitte that was digged of purposs for
them, and no use made of any part of them.
Upon ye examenation of this person, and also of a
former that had made some sodomiticall attempts upon
another, it being demanded of them how they came
first to ye knowledge and practice of such wickednes,
the one confessed he had long used it in old England;
and this youth last spoaken of said he was taught it
476 HISTORY OF [BOOK II.
by an other that had heard of such things from some
in England when he was ther, and they kept catle
togeather. By which it appears how one wicked per-
son may infecte many; and what care all ought to
have what servants they bring into their families.
But it may be demanded how came it to pass that
so many wicked persons and profane people should
so quickly come over into this land, & mixe them
selves amongst them? seeing it was religious men yt
begane ye work, and they came for religions sake.
I confess this may be marveilled at, at least in time
to come, when the reasons therof should not be
knowne; and ye more because here was so many
hardships and wants mett withall. I shall therfore
indeavor to give some answer hereunto. And first,
according to yt in ye gospell, it is ever to be remem-
bred that wher ye Lord begins to sow good seed,
ther ye envious man will endeavore to sow tares.
2. Men being to come over into a wildernes, in
which much labour & servise was to be done aboute
building & planting, &c., such as wanted help in yt
respecte, when they could not have such as yey would,
were glad to take such as they could; and so, many
untoward servants, sundry of them proved, that were
thus brought over, both men & women kind; who,
when their times were expired, became families of
them selves, which gave increase hereunto. 3. An
other and a maine reason hearof was, that men, find-
1642] PLYMOUTH PLANTATION. 477
ing so many godly disposed persons willing to come
into these parts, some begane to make a trade of it,
to transeport passengers & their goods, and hired
ships for that end; and then, to make up their
fraight and advance their profite, cared not who ye
persons were, so they had money to pay them. And
by this means the cuntrie became pestered with many
unworthy persons, who, being come over, crept into
one place or other. 4. Againe, the Lords blesing
usually following his people, as well in outward as
spirituall things, (though afflictions be mixed with-
all,) doe make many to adhear to ye people of
God, as many followed Christ, for ye loaves sake,
Iohn 6. 26. and a mixed multitud came into ye
willdernes with ye people of God out of Eagipte
of old, Exod. 12. 38; so allso ther were sente by
their freinds some under hope yt they would be made
better; others that they might be eased of such bur-
thens, and they kept from shame at home yt would
necessarily follow their dissolute courses. And thus,
by one means or other, in 20. years time, it is a
question whether ye greater part be not growne ye
worser.
[250] I am now come to ye conclusion of that long
& tedious bussines betweene ye partners hear, & them
in England, the which I shall manifest by their owne
letters as followeth, in such parts of them as are per-
tinente to ye same.
478 HISTORY OF [BOOK II.
Mr. Sherleys to Mr. Attwood.
Mr. Attwood, my approved loving freind: Your letter of ye
18. of October last I have received, wherin I find you have
taken a great deall of paines and care aboute yt trouble-
some bussines betwixte our Plimoth partners & freinds, &
us hear, and have deeply ingaged your selfe, for which
complements & words are no reall satisfaction, &c. For ye
agreemente you have made with Mr. Bradford, Mr. Wins-
low, & ye rest of ye partners ther, considering how honestly
and justly I am perswaded they have brought in an accounte
of ye remaining stock, for my owne parte I am well satis-
fied, and so I thinke is Mr. Andrewes, and I supose will
be Mr. Beachampe, if most of it might acrew to him, to
whom ye least is due, &c. And now for peace sake, and
to conclud as we began, lovingly and freindly, and to pass
by all failings of all, the conclude is accepted of; I say this
agreemente yt you have made is condesended unto, and Mr.
Andrews hath sent his release to Mr. Winthrop, with such
directions as he conceives fitt; and I have made bould to
trouble you with mine, and we have both sealed in ye pres-
ence of Mr. Weld, and Mr. Peeters, and some others, and
I have also sente you an other, for the partners ther,
to seale to me; for you must not deliver mine to them,
excepte they seale & deliver one to me; this is fitt and
equall, &c.
Yours to comand in what I mayor can,
JAMES SHERLEY.
June 14. 1642.
His to ye partners as followeth.
Loving freinds,
Mr. Bradford, Mr. Winslow, Mr. Prence, Captaine Stan-
dish, Mr, Brewster, Mr. Alden, & Mr, Howland, give me
leave to joyne you all in one letter, concerning ye finall end
1642.] PLYMOUTH PLANTATJON. 479
& conclude of yt tedious & troublsome bussines, & I thinke
may truly say uncomfurtable & unprofitable to all, &c. It
hath pleased God now to put us upon a way to sease all suits,
and disquieting of our spirites, and to conclude with peace
and love, as we began. I am contented to yeeld & make
good what Mr. Attwood and you have agreed upon; and for
yt end have sente to my loving freind, Mr. Attwood, an abso-
lute and generall release unto you all, and if ther wante any
thing to make it more full, write it your selves, & it shall be
done, provided yt all you, either joyntly or severally, seale
ye like discharge to me. And for yt end I have drawne one
joyntly, and sent it to Mr. Attwood, with yt I have sealed to
you. Mr. Andrews hath sealed an aquitance also, & sent
it to Mr. Winthrop, whith such directions as he conceived
fitt, and, as I hear, hath given his debte, which he maks 5441i.
unto ye gentlemen of ye Bay. Indeed, Mr. Welld, Mr. Peters,
& Mr. Hibbens have taken a great deale of paines with Mr.
Andrews, Mr. Beachamp, & my selfe, to bring us to agree,
and to yt end we have had many meetings and spent much
time aboute it. But as they are very religious & honest
gentle-men, yet they had an end yt they drove at & laboured
to accomplish (I meane not any private end, but for ye gen-
erall good of their patente). It had been very well you had
sent one over. Mr. Andrew wished you might have one 3.
parte of ye 1200li. & ye Bay 2. thirds; but then we 3. must
have agreed togeather, which were a hard mater now. But
Mr. Weld, Mr. Peters, & Mr., Hibbens, & I, have agreed, they
giving you bond (so to compose with Mr. Beachamp, as) to
procure his generall release, & free you from all trouble &
charge yt he may put you too; which indeed is nothing, for
I am perswaded Mr. Weld will in time gaine him to give them
all that is dew to [251] him, which in some sorte is granted
allready; for though his demands be great, yet Mr. Andrewes
hath taken some paines in it, and makes it appear to be less
then I thinke he will consente to give them for so good an
480 HISTORY OF [BOOK II.
use; so you neede not fear, that for taking bond ther to save
you harmles, you be safe and well. Now our accord is, yt
you must pay to ye gentle-men of ye Bay 900li. ; they are to
bear all chargs yt may any way arise concerning ye free
& absolute clearing of you from us three. And you to have
ye other 300li. &c.
Upon ye receiving of my release from you, I will send you
your bonds for ye purchass money. I would have sent them
now, but I would have Mr. Beachamp release as well as I, be-
cause you are bound to him in them. Now I know if a man
be bound to 12. men, if one release, it is as if all released,
and my discharge doth cutt them of; wherfore doubte you not
but you shall have them, & your comission, or any thing els
that is fitt. Now you know ther is tow years of ye purchass
money, that I would not owne, for I have formerley certified
you yt I would but pay 7. years; but now you are discharged
of all, &c.
Your loving and kind friend in what I mayor can,
JAMES SHERLEY.
June 14. 1642.
The coppy of his release is as followeth.
Wheras diverce questions, differences, & demands have
arisen & depended betweene William Bradford, Edward Wins-
low, Thomas Prence, Mylest Standish, William Brewster, John
Allden, and John Howland, gent: now or latly inhabitants or
resident at New-Plimoth, in New-England, on ye one party,
and James Sherley of London, marchante, and others, in th
other parte, for & concerning a stocke & partable trade of
beaver & other comodities, and fraighting of snips, as ye
White Angell, Frindship, or others, and ye goods of Isaack
Allerton which were seazed upon by vertue of a leter of
atturney made by ye said James Sherley and John Beachamp
and Richard Andrews, or any other maters concerning ye said
1642.] PLYMOUTH PLANTATION. 481
trade, either hear in Old-England or ther in New-England or
elsewher, all which differences are since by mediation of
freinds composed, compremissed, and all ye said parties
agreed. Now know all men by these presents, that I, the
said James Sherley, in performance of ye said compremise &
agreemente, have remised, released, and quite claimed, & doe
by these presents remise, release, and for me, myne heires,
executors, & Administrators, and for every of us, for ever
quite claime unto ye said William Bradford, Edward Winslow,
Thomas Prence, Myles Standish, William Brewster, John
Allden, & John Howland, and every of them, their & every
of their heires, executors, and administrators, all and all
mailer of actions, suits, debts, accounts, rekonings, comissions,
bonds, bills, specialties, judgments, executions, claimes, chal-
linges, differences, and demands whatsoever, with or against
ye said William Bradford, Edward Winslow, 'Thomas Prence,
Myles Standish, William Brewster, John Allden, and John
Howland, or any of them, ever I had, now have, or in time
to come can, shall, or may have, for any mater, cause, or
thing whatsoever from ye begining of ye world untill ye day
of ye date of these presents. In witnes wherof I have here-
unto put my hand & seale, given ye second day of June, 1642,
and in ye eighteenth year of ye raigne of our soveraigne lord,
king Charles, &c.
JAMES SHERLEY.
Sealed and delivered
in ye presence of THOMAS WELD,
HUGH PETERS,
WILLIAM HIBBINS.
ARTHUR TIRREY, Scr.
THO: STURGS, his servante.
Mr. Andrews his discharg was to ye same effecte; he
was by agreemete to have 500li. of ye money, the which
482 HISTORY OF [BOOK II.
he gave to them in ye Bay, who brought his discharge
and demanded ye money. And they tooke in his re-
lease and paid ye money according to agreemete,
one third of the 500li. they paid downe in hand, and
ye rest in 4. equall payments, to be paid yearly,
for which they gave their bonds. And wheras 44li.
was more demanded, they conceived they could take
it of with Mr. Andrews, and therfore it was not in the
bonde. [252] But Mr. Beachamp would not parte with
any of his, but demanded 400li. of ye partners here, &
sent a release to a friend, to deliver it to them upon
ye receite of ye money. But his relese was not per-
fecte, for he had left out some of ye partners names,
with some other defects; and besids, the other gave
them to understand he had not near so much due. So
no end was made with him till 4. years after; of which
in it plase. And in yt regard, that them selves did not
agree, I shall inserte some part of Mr. Andrews letter,
by which he conceives ye partners here were wronged,
as followeth. This leter of his was write to Mr.
Edmond Freeman, brother in law to Mr. Beachamp.
Mr. Freeman,
My love remembred unto you, &c. I then certified ye part-
ners how I found Mr. Beachamp & Mr. Sherley, in their per-
ticuler demands, which was according to mens principles, of
getting what they could; allthough ye one will not shew any
accounte, and ye other a very unfaire and unjust one; and
both of them discouraged me from sending ye partners my
accounte, Mr. Beachamp espetially. Their reason, I have
1642.] PLYMOUTH PLANTATION. 483
cause to conceive, was, yt allthough I doe not, nor ever
intended to, wrong ye partners or ye bussines, yet, if I gave
no accounte, I might be esteemed as guiltie as they, in some
degree at least; and they might seeme to be ye more free
from taxation in not delivering their accounts, who have both
of them charged ye accounte with much intrest they have
payed forth, and one of them would likwise for much intrest
he hath not paid forth, as appeareth by his accounte, &c. And
seeing ye partners have now made it appear yt ther is
1200li. remaining due between us all, and that it may appear
by my accounte I have not charged ye bussines with any in-
trest, but doe forgive it unto ye partners, above 200li. if Mr.
Sherley & Mr. Beachamp, who have betweene them wronged
ye bussines so many 100li. both in principall & intrest likwise,
and have therin wronged me as well and as much as any of
ye partners; yet if they will not make & deliver faire & true
accounts of ye same, nor be contente to take what by com-
putation is more then can be justly due to either, that is, to Mr.
Beachamp 150li. as by Mr. Allertons accounte, and Mr.
Sherleys accounte, on oath in chancerie; and though ther
might be nothing due to Mr. Sherley, yet he requirs 100li.
&c. I conceive, seing ye partners have delivered on their
oaths ye sume remaining in their hands, that they may justly
detaine ye 650li. which may remaine in their hands, after I am
satisfied, untill Mr. Sherley & Mr. Beachamp will be more fair
& just in their ending, &c. And as I intend, if ye partners
fayrly end with me, in satisfing in parte and ingaging them
selves for ye rest of my said 544li. to returne back for ye poore
my parte of ye land at Sityate, so likwise I intend to re-
linquish my right & intrest in their dear patente, on which
much of our money was laid forth, and also my right &
intrest in their cheap purchass, the which may have cost me
first & last 350li.* But I doubte whether other men have not
* This he means of ye first adventures, all which were lost, as hath before
been shown; and what he here writs is probable at least.
484 HISTORY OF [BOOK II.
charged or taken on accounte what they have disbursed in ye
like case, which I have not charged, neither did I conceive
any other durst so doe, untill I saw ye accounte of the one
and heard ye words of ye other; the which gives me just cause
to suspecte both their accounts to be unfaire; for it seerneth
they consulted one with another aboute some perticulers
therin. Therfore I Conceive ye partners ought ye rather to
require just accounts from each of them before they parte
with any money to either of them. For merchants understand
how to give an acounte; if they mean fairley, they will not
deney to give an accounte, for they keep memorialls to helpe
them to give exacte acounts in all perticulers, and memoriall
cannot forget his charge, if ye man will remember. I desire
not to wrong Mr. Beachamp or Mr. Sherley, nor may be
silente in such apparente probabilities of their wronging ye
partners, and me likwise, either in deneying to deliver or shew
any accounte, or in delivering one very unjuste in some per-
ticulers, and very suspitious in many more; either of which,
being from understanding merchants, cannot be from weaknes
or simplisitie, and therfore ye more unfaire. So comending
you & yours, and all ye Lord's people, unto ye gratious pro-
tection and blessing of ye Lord, and rest your loving friend,
RICEEARD ANDREWES.
Aprill 7. 1643.
This leter was write ye year after ye agreement, as
doth appear; and what his judgments was herein, ye
contents doth manifest, and so I leave it to ye equall
judgments of any to consider, as they see cause.
Only I shall adde what Mr. Sherley furder write in
a leter of his, about ye same time, and so leave this
bussines. His is as followeth on ye other side.*
* Being the conclusion, as will be seen, of page 252 of the original.
1642.] PLYMOUTH PLANTATION. 485
[253] Loving freinds, Mr. Bradford, Mr. Winslow, Cap:
Standish, Mr. Prence, and ye rest of ye partners wth you; I
shall write this generall leter to you all, hoping it will be a
good conclude of a generall, but a costly & tedious bussines
I thinke to all, I am sure to me, &c.
I received from Mr. Winslow a letter of ye 28. of Sept: last,
and so much as concernes ye generall bussines I shall answer
in this, not knowing whether I shall have opportunitie to
write perticuler letters, &c. I expected more letters from you
all, as some perticuler writs,* but it seemeth no fitt oppor-
tunity was offered. And now, though ye bussines for ye
maine may stand, yet some perticulers is alltered; I say my
former agreemente with Mr. Weld & Mr. Peters, before they
could conclude or gett any grante of Mr. Andrews, they
sought to have my release; and ther upon they sealed me a
bond for a 110li. So I sente my acquittance, for they said
without mine ther would be no end made (& ther was good
reason for it). Now they hoped, if yey ended with me, to
gaine Mr. Andrews parte, as they did holy, to a pound, (at
which I should wonder, but yt I observe some passages,) and
they also hoped to have gotten Mr. Beachamps part, & I did
thinke he would have given it them. But if he did well
understand him selfe, & that acounte, he would give it; for
his demands make a great sound. + But it seemeth he would
not parte with it, supposing it too great a sume, and yt he
might easily gaine it from you. Once he would have given
them 40li. but now they say he will not doe that, or rather
I suppose they will not take it; for if they doe, & have Mr.
Andrewses, then they must pay me their bond of 110li.
3 months hence. Now it will fall out farr better for you,
yt they deal not with Mr. Beachamp, and also for me, if you
* Perhaps write, for wrote. ! The in the manuscript.
+This was a misterie to them, for they heard nothing hereof from any
side ye last year, till now ye conclution was past, and bonds given.
486 HISTORY OF [BOOK II.
be as kind to me as I have been & will be to you; and yt
thus, if you pay Mr. Andrews, or ye Bay men, by his order,
544li. which is his full demande; but if looked into, perhaps
might be less. The man is honest, & in my conscience would
not wittingly doe wronge, yett he may forgett as well as other
men; and Mr. Winslow may call to minde wherin he for-
getts; (but some times it is good to buy peace.) The gentle-
men of ye Bay may abate 100li. and so both sids have more
right & justice then if they exacte all, &c. Now if you send
me a l50li. then say Mr. Andrews full sume, & this, it is nere
700li. Mr. Beachamp he demands 4001i. and we all know
that, if a man demands money, he must shew wherfore, and
make proofe of his debte; which I know he can never make
good proafe of one hunderd pound dew unto him as principall
money; so till he can, you have good reason to keep ye
500li. &c. This I proteste I write not in malice against
Mr. Beachamp, for it is a reall truth. You may partly see it
by Mr. Andrews making up his accounte, and I think you
are all perswaded I can say more then Mr. Andrews con-
cerning that accounte. I wish I could make up my owne as
plaine & easily, but because of former discontents, I will
be sparing till I be called; & you may injoye ye 500li. quietly
till he begine; for let him take his course hear or ther, it shall
be all one, I will doe him no wronge; and if he have not on
peney more, he is less loser then either Mr. Andrews or I.
This I conceive to be just & honest; ye having or not having o
of his release matters not; let him make such proafe of his
debte as you cannot disprove, and according to your first
agreemente you will pay it, &c.
Your truly affectioned freind,
JAMES SHERLEY.
London, Aprill 27. 1643.
1643.] PLYMOUTH PLANTATION 487
Anno Dom. 1643.
I AM to begine this year whith that which was a
mater of great saddnes and mouring unto them all.
Aboute ye 18. of Aprill dyed their Reved Elder, and
my dear & loving friend, Mr. William Brewster; a
man that had done and suffered much for ye Lord
Jesus and ye go spells sake, and had bore his parte in
well and woe with this poore persecuted church above
36. years [254] in England, Holand, and in this
wildernes, and done ye Lord & them faithfull service
in his place & call1ing. And notwithstanding ye many
troubls and sorrows he passed throw, the Lord upheld
him to a great age. He was nere fourskore years
of age (if not all out) when he dyed. He had this
blesing added by ye Lord to all ye rest, to dye in his
bed, in peace, amongst ye mids of his freinds, who
mourned & wepte over him, and ministered what help
& comforte they could unto him, and he againe re-
comforted them whilst he could. His sicknes was not
long, and till ye last day therof he did not wholy
keepe his bed. His speech continued till somewhat
more then halfe a day, & then failed him; and aboute
9. or 10. a clock that eving he dyed, without any
pangs at all. A few howers before, he drew his
breath shorte, and some few minuts before his last,
he drew his breath long, as a man falen into a sound
slepe, without any pangs or gaspings, and so sweetly
departed this life unto a better.
488 HISTORY OF [BOOK II.
I would now demand of any, what he was ye worse
for any former sufferings? What doe I say, worse?
Nay, sure he was ye better, and they now added to
his honour. It is a manifest token (saith ye Apostle,
2. Thes: 1. 5, 6, 7.) of ye righeous judgmente of God
yt ye may be counted worthy of ye kingdome of God,
for which ye allso suffer; seing it is a righteous thing
with God to recompence tribulation to them yt trouble
you: and to you who are troubled, rest with us, when
ye Lord Jesus shall be revealed from heaven, with his
mighty angels. 1. Pet. 4. 14. if you be reproached
for ye name of Christ, hapy are ye, for ye spirite
of glory and of God resteth upon you. What though
he wanted ye riches and pleasurs of ye world in this
life, and pompous monuments at his funurall? yet ye
memoriall of ye just shall be blessed, when ye name
of ye wicked shall rott (with their marble monuments).
Pro: 10. 7.
I should say something of his life, if to say a litle
were not worse then to be silent. But I cannot wholy
forbear, though hapily more may be done hereafter.
After he had attained some learning, viz. ye knowledg
of ye Latine tongue, & some insight in ye Greeke, and
spent some small time at Cambridge, and then being
first seasoned with ye seeds of grace and vertue, he went
to ye Courte, and served that religious and godly gentl-
man, Mr. Davison, diverce years, when he was Secre-
tary of State; who found him so discreete and faithfull
1643.] PLYMOUTH PLANTATION. 489
as he trusted him above all other that were aboute
him, and only imployed him in all matters of greatest
trust and secrecie. He esteemed him rather as a sonne
then a servante, and for his wisdom & godlines (in
private) he would converse with him more like a freind
& familier then a maister. He attended his mr. when
he was sente in ambassage by the Queene into ye Low-
Countries, in ye Earle of Leicesters time, as for other
waighty affaires of state, so to receive possession of the
cautionary townes, and in token & signe therof the
keyes of Flushing being delivered to him, in her matis
name, he kepte them some time, and comitted them
to this his servante, who kept them under his pilow,
on which he slepte ye first night. And, at his returne,
ye States honoured him with a gould chaine, and his
maister comitted it to him, and comanded him to wear
it when they arrived in England, as they ridd thorrow
the country, till they came to ye Courte. He afterwards
remained with him till his troubles, that he was put
from his place aboute ye death of ye Queene of Scots;
and some good time after, doeing him manie faithfull
offices of servise in ye time of his troubles. Afterwards
he wente and lived in ye country, in good esteeme
amongst his freinds and ye gentle-men of those parts,
espetially the godly & religious. He did much good
in ye countrie wher he lived, in promoting and further-
ing religion, not only by his practiss & example, and
provocking and incouraging of others, but by procuring
490 HISTORY OF [BOOK II.
of good preachers to ye places theraboute, and drawing
on of others to assiste & help forward in such a worke
he him selfe most comonly deepest in ye charge, &
some times above his abillitie. And in this state he
continued many years, doeing ye best good he could
and walking according to ye light he saw, till ye Lord
reveiled further unto him. And in ye end, by ye tir-
rany of ye bishops against godly preachers & people
in silenceing the one & persecuting ye other, he and
many more of those times begane to looke further into
things, and to see into ye unlawfullnes of their callings
and ye burthen of many anti-christian corruptions, which
both he and they endeavored to cast of; as yey aIlso
did, as in ye begining of this treatis is to be seene
[255] After they were joyned togither in comunion,
he was a spetiall stay & help unto them. They ordi-
narily mett at his house on ye Lords day, (which was
a manor of ye bishops,) and with great love he enter-
tained them when they came, making provission for
them to his great charge. He was ye cheefe of those
that were taken at Boston, and suffered ye greatest
loss; and of ye seven that were kept longst in prison
and after bound over to ye assises. Affter he came
into Holland he suffered much hardship, after he had
spente ye most of his means, haveing a great charge
and many children; and, in regard of his former breed-
ing & course of life, not so fitt for many imployments
as others were, espetially such as were toylesume &
1643.] PLYMOUTH PLANTATION. 491
laborious. But yet he ever bore his condition with
much cherfullnes and contentation. Towards ye later
parte of those 12. years spente in Holland, his outward
condition was mended, and he lived well & plentifully;
for he fell into a way (by reason he had ye Latine
tonogue) to teach many students, who had a disire
to lerne ye English tongue, to teach them English;
and by his method they quickly attained it with great
facilitie; for he drew rules to lerne it by, after ye
Latine maner; and many gentlemen, both Danes &
Germans, resorted to him, as they had time from other
studies, some of them being, great mens sones. He
also had means to set up printing, (by ye help of some
freinds,) and so had imploymente inoughg, and by
reason of many books which would not be alowed
to be printed in England, they might have had more
then they could doe. But now removeing into this
countrie all these things were laid aside againe, and
a new course of living must be framed unto; in which
he was no way unwilling to take his parte, and to bear
his burthen with ye rest, living many times without
bread, or corne, many months together, having many
times nothing but fish, and often wanting that also;
and drunke nothing but water for many years togeather
yea, till within 5. or 6. years of his death. And yet
he lived (by ye blessing of God) in health till very old
age. And besids yt, he would labour with his hands
in ye feilds as lono, as he was able; yet when the
492 HISTORY OF [BOOK II.
church had no other minister, he taught twise every
Saboth, and yt both powerfully and profitably, to ye
great contentment of ye hearers, and their comfortable
edification; yea, many were brought to God by his
ministrie. He did more in this behalfe in a year, then
many that have their hundreds a year doe in all their
lives. For his personall abilities, he was qualified
above many; he was wise and discreete and well
spoken, having a grave & deliberate utterance, of a
very cherfull spirite, very sociable & pleasante amongs
this freinds, of an humble and modest mind, of a peace-
able disposition, under vallewing him self & his owne
abilities, and some time over valewing, others; inoffen-
cive and inocente in his life & conversation, wch gained
him ye love of those without, as well as those within;
yet he would tell them plainely of their faults & evills,
both publickly & privatly, but in such a maner as usu-
ally was well taken from him. He was tender harted,
and compassionate of such as were in naiserie, but
espetialy of such as had been of good estate and ranke
and were fallen unto want & poverty, either for good-
nes &, religions sake, or by ye injury & oppression
of others; he would say, of all men these deserved
to be pitied most. And none did more offence & dis-
please him then such as would hautily and proudly
carry & lift up themselves, being rise from nothing,
and haveing litle els in them to comend them but a few
fine cloaths, or a Title riches more then others. In
1643.] PLYMOUTH PLANTATION. 493
teaching, he was very moving & stirring of affections,
also very plaine & distincte in what he taught; by
which means he became ye more profitable to ye hearers.
He had a singuler good gift in prayer, both publick
& private, in ripping up ye hart & conscience before
God, in ye humble confession of sinne, and begging ye
mercies of God in Christ for ye pardon of ye same.
He always thought it were better for ministers to pray
oftener, and devide their prears, then be longe & te-
dious in ye same ( excepte upon sollemne & spetiall
occations, as in days of humiliation & ye like). His
reason was, that ye harte & spirits of all, espetialy
ye weake, could hardly continue & stand bente (as it
were) so long towards God, as they ought to doe
in yt duty, without flagging and falling of. For
ye govermente of ye church, (which was most [256]
proper to his office,) he was carfull to preserve good
order in ye same, and to preserve puritie, both in
ye doctrine & comunion of ye same; and to supress
any errour or contention that might begine to rise
up amongst them; and accordingly God gave good
success to his indeavors herein all his days, and he
saw ye fruite of his labours in that behalfe. But
I must breake of, having- only thus touched a few,
as it were, heads of things.
I cannot but here take occasion, not only to men-
tion, but greatly to admire ye marvelous providence
of God, that notwithstanding ye many changes and
494 HISTORY OF [BOOK II.
hardships that these people wente throwgh, and ye
many enemies they had and difficulties they mette with
all, that so many of them should live to very olde age!
It was not only this reved mans condition, (for one
swallow maks no summer, as they say,) but many
more of them did ye like, some dying aboute and
before this time, and many still living, who attained
to 60. years of age, and to 65. diverse to 70. and
above, and some nere 80. as he did. It must needs
be more then ordinarie, and above naturall reason, that
so it should be; for it is found in experience, that
chaing of aeir, famine, or unholsome foode, much drink-
ing of water, sorrows & troubls, &c., all of them are
enimies to health, causes of many diseaces, consumers
of naturall vigoure and ye bodys of men, and shortners
of life. And yet of all these things they had a large
parte, and suffered deeply in ye same. They wente
from England to Holand, wher they found both worse
air and dyet then that they came from; from thence
(induring a long, imprisonmente, as it were, in ye ships
at sea) into New-England; and how it hath been with
them hear hath allready beene showne; and what crosses,
troubls, fears, wants, and sorrowes they had been lyable
unto, is easie to conjecture; so as in some sorte they
may say with ye Apostle, 2. Cor: 11. 26, 27. they
were in journeyings often, in perils of waters, in perills
of robers, in perills of their owne nation, in perils among
ye heathen, in perills in ye willdernes, in perills in ye sea,
1643.] PLYMOUTH PLANTATION. 495
in perills among false breethern; in wearines & painfull-
nes, in watching often, in hunger and thirst, in fasting
often, in could and nakedness. What was it then that
upheld them? It was Gods vissitation that preserved
their spirits. Job 10. 12. Thou hast given me life
and grace, and thy vissitation hath preserved my spirite.
He that upheld ye Apostle upheld them. They were
persecuted, but not forsaken, cast downe, but perished
not. 2. Cor: 4. 9. As unknowen, and yet knowen;
as dying, and behold we live; as chastened, and yett
not kiled. 2. Cor: 6. 9. God, it seems, would have
all men to behold and observe such mercies and works
of his providence as these are towards his people, that
they in like cases might be encouraged to depend upon
God in their trials, & also blese his name when they
see his goodnes towards others. Man lives not by
bread only, Deut: 8. 3. It is not by good & dainty
fare, by peace, & rest, and harts ease, in injoying
ye contentments and good things of this world only,
that preserves health and prolongs life. God in such
examples would have ye world see & behold that he
can doe it without them; and if ye world will shut
ther eyes, and take no notice therof, yet he would
have his people to see and consider it. Daniell could
be better liking with pulse then others were with
ye kings dainties. Jaacob, though he wente from one
nation to another people, and passed thorow famine,
fears, & many afflictions, yet he lived till old age, and
496 HISTORY OF [BOOK II.
dyed sweetly, & rested in ye Lord, as infinite others
of Gods servants have done, and still shall doe, (through
Gods goodnes,) notwithstanding all ye malice of their
enemies; when ye branch of ye wicked shall be cut of
before his day, Job. 15. 32. and ye bloody and deceitful
men shall not live out halfe their days. Psa: 55. 2
By reason of ye plottings of the Narigansets, (ever
since ye Pequents warr,) the Indeans were drawne into
a generall conspiracie against ye English in all parts
as was in part discovered ye yeare before; and now
made more plaine and evidente by many discoveries
and free-conffessions of sundrie Indeans (upon severall
occasions) from diverse places, concuring in one; with
such other concuring circomstances as gave them suffis-
sently to understand the trueth therof, and to thinke
of means how to prevente ye same, and secure them
selves. Which made them enter into this more nere
union & confederation following.
[257] Articles of Conffederation betweene ye Plantations un-
der ye Govermente of Massachusets, ye Plantations up ye
Govermente of New-Plimoth, ye Plantations under ye
Govermente of Conightecute, and ye Govermente of New-
Haven, with ye Plantations in combination therwith.
Wheras we all came into these parts of America with one
and ye same end and aime, namly, to advance the kingdome
of our Lord Jesus Christ, & to injoye ye liberties of ye Gospell
in puritie with peace; and wheras in our setling (by a wise
providence of God) we are further disperced upon ye sea
1643.] PLYMOUTH PLANTATION. 497
coasts and rivers then was at first intended, so yt we cannot,
according to our desires, with conveniencie comunicate in one
govermente & jurisdiction; aud wheras we live encompassed
with people of severall nations and strang languages, which
hereafter may prove injurious to us and our posteritie; and
for as much as ye natives have formerly comitted sundrie inso-
lencies and outrages upon severall plantations of ye English,
and have of late combined them selves against us; and
seeing, by reason of those distractions in England (which
they have heard of) and by which they know we are hindered
from yt humble way of seeking advice or reaping those com-
furtable fruits of protection which at other times we might
well expecte; we therfore doe conceive it our bounden duty,
without delay, to enter into a presente consociation amongst
our selves, for mutllall help & strength in all our future
concernments. That as in nation and religion, so in other
respects, we be & continue one, according to ye tenor and
true meaning of the insuing articles, (1) Wherfore it is
fully agreed and concluded by & betweene ye parties or
jurisdictions above named, and they joyntly & severally
doe by these presents agree & conclude, that they all be
and henceforth be called by ye name of The United Colonies
of New-England.
2. The said United Collonies, for them selves & their pos-
terities, doe joyntly & severally hereby enter into a firme &
perpetuall league of frendship & amitie, for offence and
defence, mutuall advice and succore upon all just occasions,
both for preserving & propagating ye truth of ye Gospell, and
for their owne mutuall saftie and wellfare.
3. It is further agreed that the plantations which at
presente are or hereafter shall be setled with [in] ye limites
of ye Massachusets shall be for ever under ye Massachusets,
and shall have peculier jurisdiction amonge them selves in all
cases, as an intire body. And yt Plimoth, Conightecutt, and
498 HISTORY OF [BOOK II.
New-Haven shall each of them have like peculier jurisdition
and govermente within their limites and in refference to ye
plantations which all ready are setled, or shall hereafter be
erected, or shall selle within their limites, respectively; pro-
vided yt no other jurisdition shall hereafter be taken in as
a distincte head or member of this confederation, nor shall
any other plantation or jurisdiction in presente being, and
not allready in combination or under ye jurisdiction of any
of these confederats, be received by any of them; nor shall
any tow of ye confederats joyne in one jurisdiction, without
consente of ye rest, which consete to be interpreted as is
expresed in ye sixte article ensewing.
4. It is by these conffederats agreed, yt the charge of all
just warrs, whether offencive or defencive, upon what parte
or member of this confederation soever they fall, shall, both
in men, provissions, and all other disbursments, be borne by
all ye parts of this confederation, in differente proportions,
according to their differente abillities, in maner following:
namely, yt the comissioners for each jurisdiction, from time
to time, as ther shall be occasion, bring a true accounte and
number of all their males in every plantation, or any way
belonging too or under their severall jurisdictions, of what
qualitie or condition soever they be, from 16. years old to
60. being inhabitants ther; and yt according to ye differente
numbers which from time to time shall be found in each
jurisdiction upon a true & just accounte, the service of men
and all charges of ye warr be borne by ye pole; each juris-
diction or plantation being left to their owne just course &
custome of rating them selves and people according to their
differente estates, with due respects to their qualities and
exemptions amongst them selves, though the confederats take
no notice of any such priviledg. And yt according to their
differente charge of each jurisdiction & plantation, the whole
advantage of ye warr, (if it please God to blesse their
1643.] PLYMOUTH PLANTATION. 499
indeaours,) whether it be in lands, goods, or persons, shall be
proportionably devided amonge ye said confederats.
5. It is further agreed, that if these jurisdictions, or any
plantation under or in combynacion with them, be invaded
by any enemie whomsoever, upon notice & requeste of any
3. [258] magistrats of yt jurisdiction so invaded, ye rest
of ye confederats, without any further meeting or expostu-
lation, shall forthwith send ayde to ye confederate in danger,
but in differente proportion; namely, ye Massachusets an
hundred men sufficently armed & provided for such a service
and journey, and each of ye rest forty five so armed & pro-
vided, or any lesser number, if less be required according to
this proportion. But if such confederate in danger may be
supplyed by their nexte confederates not exeeding ye number
hereby agreed, they may crave help ther, and seeke no further
for ye presente; ye charge to be borne as in this article is
exprest, and at ye returne to be victuled & suplyed with
powder & shote for their jurney (if ther be need) by yt juris-
diction which imployed or sent for them. But none of ye
jurisdictions to exceede these numbers till, by a meeting
of ye coimissioners for this confederation, a greater aide
appear nessessarie. And this proportion to continue till upon
knowlege of greater numbers in each jurisdiction, which shall
be bronght to ye nexte meeting, some other proportion be
ordered. But in such case of sending men for presente
aide whether before or after such order or alteration, it is
agreed yt at ye meeting of ye comissioners for this confeder-
ation, the cause of such warr or invasion be duly considered;
and if it appeare yt the falte lay in ye parties so invaded,
yt then that jurisdiction or plantation make just satisfaction
both to ye invaders whom they have injured, and beare all ye
charges of ye warr them selves, without requiring any allow-
ance from ye rest of ye confederats towards ye same. And
further, yt if any jurisdiction see any danger of any invasion
500 HISTORY OF [BOOK II.
approaching, and ther be time for a meeting, that in such
a case 3. magistrats of yt jurisdiction may sumone a meeting
at such conveniente place as them selves shall thinke meete,
to consider & provid against ye threatened danger, provided
when they are mett, they may remove to what place they
please; only, whilst any of these foure confederats have but
3 magistrats in their jurisdiction, their requeste, or sum-
mons, from any 2. of them shall be accounted of equall
force with ye 3. mentioned in both the clauses of this arti-
cle, till ther be an increase of majestrats ther.
6. It is also agreed yt, for ye managing & concluding of
all affairs propper, & concerning the whole confederation,
tow comissioners shall be chosen by & out of each of these
4. jurisdictions; namly, 2. for ye Massachusets, 2. for Plim-
oth, 2. for Conightecutt, and 2. for New-Haven, being all
in church fellowship with us, which shall bring full power
from their severall Generall Courts respectively to hear, ex-
amene, waigh, and detirmine all affairs of warr, or peace,
leagues, aids, charges, and numbers of men for warr, divis-
sions of spoyles, & whatsoever is gotten by conquest; re-
ceiving of more confederats, or plantations into combination
with any of ye confederates, and all things of like nature,
which are ye proper concomitants or consequences of such
a confederation, for amitie, offence, & defence; not inter-
medling with ye govermente of any of ye jurisdictions,
which by ye 3. article is preserved entirely to them selves.
But if these 8. comissioners when they meete shall not all
agree, yet it concluded that any 6. of the 8. agreeing
shall have power to setle & determine ye bussines in ques-
tion. But if 6. doe not agree, that then such propositions,
with their reasons, so farr as they have been debated, be
sente, and referred to ye 4. Generall Courts, viz. ye Massa-
chusets, Plimoth, Conightecutt, and New-haven; and if at
all ye said Generall Courts ye bussines so referred be con-
1643.] PLYMOUTH PLANTATION. 501
cluded, then to be prosecuted by ye confederats, and all
their members. It was further agreed that these 8. comis-
sioners shall meete once every year, besids extraordinarie
meetings, (according to the fifte article,) to consider, treate,
& conclude of all affaires belonging to this confederation,
which meeting shall ever be ye first Thursday in September.
And yt the next meeting after the date of these presents,
which shall be accounted ye second meeting, shall be at
Boston in ye Massachusets, the 3. at Hartford, the 4. at
New-Haven, the 5. at Plimoth, and so in course succes-
sively, if in ye meane time some midle place be not found
out and agreed on, which may be comodious for all ye
jurisdictions.
7. It is further agreed, yt at each meeting of these 8.
comissioners, whether ordinarie, or extraordinary, they all
6. of them agreeing as before, may chuse a presidente out
of them selves, whose office & work shall be to take care
and directe for order, and a comly carrying on of all pro-
ceedings in ye present meeting; but he shall be invested
with no such power or respecte, as by which he shall hin-
der ye propounding or progrese of any bussines, or any
way cast ye scailes otherwise then in ye precedente article
is agreed.
[259] 8. It is also agreed, yt the comissioners for this
confederation hereafter at their meetings, whether ordinary
or extraordinarie, as they may have comission or oppor-
tunitie, doe incleaover to frame and establish agreements
& orders in generall cases of a civill nature, wherin all
ye plantations are interessed, for ye preserving of peace
amongst them selves, and preventing as much as may be
all occasions of warr or difference with others; as aboute
ye free & speedy passage of justice, in every jurisdiction,
to all ye confederats equally as to their owne; not receiving
those yt remove from one plantation to another without due
502 HISTORY OF [BOOK II.
certificate; how all ye jurisdictions may carry towards ye
Indeans, that they neither growe insolente, nor be injured
without due satisfaction, least warr breake in upon the con-
federats through such miscarriages. It is also agreed, yt
if any servante rune away from his maister into another
of these confederated jurisdictions, that in such case, upon
ye certificate of one magistrate in ye jurisdiction out of
which ye said servante fledd, or upon other due proofe, the
said servante shall be delivered, either to his maister, or
any other yt pursues & brings such certificate or proofe.
And yt upon ye escape of any Prisoner whatsoever, or fugi-
tive for any criminall cause, whether breaking prison, or
getting from ye officer, or otherwise escaping, upon ye cer-
tificate of 2. magistrats of ye jurisdiction out of which ye
escape is made, that he was a prisoner, or such an offender
at ye time of ye escape, they magistrats, or sume of them of
yt jurisdiction wher for ye presente the said prisoner or fugi-
tive abideth, shall forthwith grante such a warrante as ye
case will beare, for ye apprehending of any such person, &
ye delivering of him into ye hands of ye officer, or other
person who pursues him. And if ther be help required, for
ye safe returning of any such offender, then it shall be
granted to him yt craves ye same, he paying the charges
therof.
9. And for yt the justest warrs may be of dangerous
consequence, espetially to ye smaler plantations in these
United Collonies, it is agreed yt neither ye Massachusets,
Plimoth, Conightecutt, nor New-Haven, nor any member of
any of them, shall at any time hear after begine, under-
take, or ingage them selves, or this confederation, or any
parte therof, in any warr whatsoever, (sudden* exegents,
with ye necessary consequents therof excepted, which are
also to be moderated as much as ye case will permitte,)
* Substituted for sundry on the authority of the original MS. Records.
1643.] PLYMOUTH PLANTATION. 503
without ye consente and agreemente of ye forementioned 8.
comissioners, or at ye least 6. of them, as in ye sixt article
is provided. And yt no charge be required of any of they
confederats, in case of a defensive warr, till ye said comis-
sioners have mett, and approved ye justice of ye warr, and
have agreed upon ye sume of money to be levied, which
sume is then to be paid by the severall confederats in pro-
portion according to ye fourth article.
10. That in extraordinary occasions, when meetings are
summoned by three magistrates of any jurisdiction, or 2. as
in ye 5. article, if any of ye comissioners come not, due
warning being given or sente, it is agreed yt 4. of the
comissioners shall have power to directe a warr which can-
not be delayed, and to send for due proportions of men out
of each jurisdiction, as well as 6. might doe if all mett;
but not less then 6. shall determine the justice of ye warr,
or alow ye demands or bills of charges, or cause any levies
to be made for ye same.
11. It is further agreed, yt if any of ye confederats shall
hereafter breake any of these presente articles, or be any
other ways injurious to anyone of ye other jurisdictions,
such breach of agreemente or injurie shall be duly consid-
ered and ordered by ye comissioners for ye other jurisdic-
tion; that both peace and this presente confederation may
be intirly preserved without violation.
12. Lastly, this perpetuall confederation, and ye severall
articles therof being read, and seriously considered, both by
ye Generall Courte for ye Massachusets, and by ye comis-
sioners for Plimoth, Conigtecute, & New-Haven, were fully
alowed & confirmed by 3. of ye forenamed confederats,
namly, ye Massachusets, Conightecutt: and New-Haven;
only ye comissioners for Plimoth haveing no comission to
conclude, desired respite till they might advise with their
Generall Courte; wher upon it was agreed and concluded
504 HISTORY OF [BOOK II.
by ye said Courte of ye Massachusets, and the comissioners
for ye other tow confederats, that, if Plimoth consente, then
the whole treaty as it stands in these present articls is, and
shall continue, firme & stable without alteration. But if
Plimoth come not in, yet ye other three confederats doe by
these presents [260] confeirme ye whole confederation, and
ye articles therof; only in September nexte, when ye second
meeting of ye co missioners is to be at Boston, new consid-
eration may be taken of ye 6. article, which concerns num-
ber of comissioners for meeting & concluding the affaires
of this confederation, to ye satisfaction of ye Courte of ye
Massachusets, and ye comissioners for ye other 2. confed-
erats, but ye rest to stand unquestioned. In ye testimonie
wherof, ye Generall Courte of ye Massachusets, by ther
Secretary, and ye comissioners for Conightecutt and New-
Haven, have subscribed these presente articles this 19. of
ye third month, comonly called May, Anno Dom: 1643.
At a meeting of ye comissioners for ye confederation held
at Boston ye 7. of Sept: it appearing that the Generall Courte
of New-Plimoth, and ye severall towneshipes therof, have
read & considered & approved these articles of confederation,
as appeareth by comission from their Generall Courte bearing
date ye 29. of August, 1643. to Mr. Edward Winslow and Mr.
William Collier, to ratifie and confirme ye same on their
behalfes. We, therfore, ye Comissioners for ye Massachusets,
Conightecutt, & New Haven, doe also, for our severall gover-
ments, subscribe unto them.
JOHN WINTHROP, Govr. of ye Massachusest.
THO: DUDLEY. THEOPH: EATON.
GEO: FENWICK. EDWA: HOPKINS.
THOMAS GREGSON.
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