by William Bradford


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


      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.


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.


     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


      [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,


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,


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.


Sealed and delivered

in ye presence of   THOMAS WELD,




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,


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,


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


      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


     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.




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