The agreemente of ye bounds betwixte Plimoth and Massachusetts.
Wheras ther were tow comissiones granted by ye 2. jurisdictions, ye one of Massachsets Govermente, granted unto John Endecott, gent: and Israell Stoughton, gent: the other of New-Plimoth Govermente, to William Bradford, Govr, and Edward Winslow, gent: and both these for ye setting out, setling, & determining of ye bounds & limitts of ye lands betweene ye said jurisdictions, wherby not only this presente age, but ye posteritie to come may live peaceably & quietly in yt behalfe. And for as much as ye said comissioners on both sids have full power so to doe, as appeareth by ye records of both jurisdictions; we therfore, ye said comissioners above named, doe hearby with one consente & agreemente conclude, detirmine, and by these presents declare, that all ye marshes at Conahasett yt lye of ye one side of ye river next to Hingam, shall belong to ye jurisdition of Massachusetts Plantation; and all ye marshes yt lye on ye other side of ye river next to Sityate, shall be long to ye jurisdiction of New-Plimoth; excepting 60. acers of marsh at ye mouth of ye river, on Sityate side next to the sea, which we doe herby agree, conclude, & detirmine shall belong to ye jurisdition of Massachusetts. And further, we doe hearby agree, determine, and conclude, yt the bounds of ye limites betweene both ye said jurisditions are as followeth, viz. from ye mouth of ye brook yt runeth into Chonahasett marches (which we call by ye name of Bound-brooke) with a stright & directe line to ye midle of a great ponde, yt lyeth on ye right hand of ye uper path, or commone way, yt leadeth betweene Waimoth and Plimoth, close to ye path as [233] we goe alonge, which was formerly named (and still we desire may be caled) Accord pond, lying aboute five or 6. myles from Weimoth southerley; and from thence with a straight line to ye souther-most part of Charles-river,[EF] & 3. miles southerly, inward into ye countrie, according as is expresed in ye patente granted by his Matie to ye Company of ye Massachusetts Plantation. Provided allways and never ye less concluded & determined by mutuall agreemente betweene ye said comissioners, yt if it fall out yt the said line from Accord-pond to ye sothermost parte of Charles-river, & 3. myles southerly as is before expresed, straiten or hinder any parte of any plantation begune by ye Govert of New-Plimoth, or hereafter to be begune within 10. years after ye date of these psnts, that then, notwithstanding ye said line, it shall be lawfull for ye said Govrt of New-Plimoth to assume on ye northerly side of ye said line, wher it shall so intrench as afforesaid, so much land as will make up ye quantity of eight miles square, to belong to every shuch plantation begune, or to [be] begune as afforesaid; which we agree, determine, & conclude to appertaine & belong to ye said Govrt of New-Plimoth. And wheras ye said line, from ye said brooke which runeth into Choahassett saltmarshes, called by us Bound-brooke, and ye pond called Accord-pond, lyeth nere ye lands belonging to ye tounships of Sityate & Hingam, we doe therfore hereby determine & conclude, that if any devissions allready made and recorded, by either ye said townships, doe crose the said line, that then it shall stand, & be of force according to ye former intents and purposes of the said townes granting them (the marshes formerly agreed on exepted). And yt no towne in either jurisdiction shall hereafter exceede, but containe them selves within ye said lines expressed. In witnes wherof we, the comissioners of both jurisdictions, doe by these presents indented set our hands & scales ye ninth day of ye 4. month in 16. year of our soveraine lord, king Charles; and in ye year of our Lord, 1640.
Wheras ye patente was taken in ye name of William Bradford, (as in trust,) and rane in these termes: To him, his heires, and associats & assignes; and now ye noumber of free-men being much increased, and diverce tounships established and setled in severall quarters of ye govermente, as Plimoth, Duxberie, Sityate, Tanton, Sandwich, Yarmouth, Barnstable, Marchfeeld, and not longe after, Seacunke (called afterward, at ye desire of ye inhabitants, Rehoboth) and Nawsett, it was by ye Courte desired that William Bradford should make a surrender of the same into their hands. The which he willingly did, in this maner following.
Wheras William Bradford, and diverce others ye first instruments of God in the begin̅ing of this great work of plantation, togeather with such as ye allordering hand of God in his providence soone added unto them, have been at very great charges to procure ye lands, priviledges, & freedoms from all intanglments, as may appeare by diverse & sundrie deeds, inlargments of grants, purchases, and payments of debts, &c., by reason wherof ye title to ye day of these presents [234] remaineth in ye said William Bradford, his heires, associats, and assignes: now, for ye better setling of ye estate of the said lands (contained in ye grant or pattente), the said William Bradford, and those first instruments termed & called in sondry orders upon publick recorde, Ye Purchasers, or Old comers; witnes 2. in spetiall, the one bearing date ye 3. of March, 1639. the other in Des: the 1. Ano 1640. wherunto these presents have spetiall relation & agreemente, and wherby they are distinguished from other ye freemen & inhabitants of ye said corporation. Be it knowne unto all men, therfore, by these presents, that the said William Bradford, for him selfe, his heires, together with ye said purchasers, doe only reserve unto them selves, their heires, and assignes those 3. tractes of land mentioned in ye said resolution, order, and agreemente, bearing date ye first of Des: 1640. viz. first, from ye bounds of Yarmouth, 3. miles to ye eastward of Naemschatet, and from sea to sea, crose the neck of land. The 2. of a place called Acoughcouss, which lyeth in ye botome of ye bay adjoyning to ye west-side of Pointe Perill, and 2. myles to ye westerne side of ye said river, to an other place called Acushente river, which entereth at ye westerne end of Nacata, and 2. miles to ye eastward therof, and to extend 8. myles up into ye countrie. The 3. place, from Sowansett river to Patucket river, (with Cawsumsett neck,) which is ye cheefe habitation of ye Indeans, & reserved for them to dwell upon, extending into ye land 8. myles through ye whole breadth therof. Togeather with such other small parcells of lands as they or any of them are personally possessed of or intressed in, by vertue of any former titles or grante whatsoever. And ye said William Bradford doth, by ye free & full consente, approbation, and agreemente of ye said old-planters, or purchasers, together with ye liking, approbation, and acceptation of ye other parte of ye said corporation, surrender into ye hands of ye whole courte, consisting of ye free-men of this corporation of New-Plimoth, all yt other right & title, power, authority, priviledges, immunities, & freedomes granted in ye said letters patents by ye said right Honble Counsell for New-England; reserveing his & their personall right of freemen, together wth the said old planters afforesaid, excepte ye said lands before excepted, declaring the freemen of this corporation, togeather with all such as shal be legally admitted into ye same, his associats. And ye said William Bradford, for him, his heiers, & assignes, doe hereby further promise and grant to doe & performe whatsoever further thing or things, acte or actes, which in him lyeth, which shall be needfull and expediente for ye better confirming and establishing the said premises, as by counsel lerned in ye lawes shall be reasonably advised and devised, when he shall be ther unto required. In witness wherof, the said William Bradford hath in publick courte surrendered the said letters patents actually into ye hands & power of ye said courte, binding him selfe, his heires, executors, administrators, and assignes to deliver up whatsoever spetialties are in his hands that doe or may concerne the same.
[235] In these 2. years they had sundry letters out of England to send one over to end the buissines and accounte with Mr. Sherley; who now professed he could not make up his accounts without ye help of some from hence, espetialy Mr. Winslows. They had serious thoughts of it, and ye most parte of ye partners hear thought it best to send; but they had formerly written such bitter and threatening letters as Mr. Winslow was neither willing to goe, nor yt any other of ye partners should; for he was perswaded, if any of them wente, they should be arested, and an action of such a sum̅e layed upon them as they should not procure baele, but must lye in prison, and then they would bring them to what they liste; or other wise they might be brought into trouble by ye arch-bishops means, as ye times then stood. But, notwithstanding, they weer much inclined to send, & Captaine Standish was willing to goe, but they resolved, seeing they could not all agree in this thing, and that it was waighty, and ye consequence might prove dangerous, to take Mr. Winthrops advise in ye thing, and ye rather, because Mr. Andrews had by many letters acquaynted him with ye differences betweene them, and appoynted him for his assigne to receive his parte of ye debte. (And though they deneyed to pay him any as a debte, till ye controversie was ended, yet they had deposited 110li. in money in his hands for Mr. Andrews, to pay to him in parte as soone as he would come to any agreement with ye rest.) But Mr. Winthrop was of Mr. Winslows minde, and disswaded them from sending; so they broak of their resolution from sending, and returned this answer: that the times were dangerous as things stood with them, for they knew how Mr. Winslow had suffered formerley, and for a small matter was clapte up in ye Fleete, & it was long before he could gett out, to both his & their great loss and damage; and times were not better, but worse, in yt respecte. Yet, that their equall & honest minds might appeare to all men, they made them this tender: to refferr ye case to some gentle-men and marchants in ye Bay of ye Massachusetts, such as they should chuse, and were well knowne unto them selves, (as they perceived their wer many of their aquaintance and freinds ther, better knowne to them then ye partners hear,) and let them be informed in ye case by both sids, and have all ye evidence yt could be prodused, in writing, or other wise; and they would be bound to stand to their determination, and make good their award, though it should cost them all they had in ye world. But this did not please them, but they were offended at it, without any great reasone for ought I know, (seeing nether side could give in clear accountes, ye partners here could not, by reason they (to their smarte) were failed by ye accountante they sent them, and Mr. Sherley pretened he could not allso,) save as they conceived it a disparagmente to yeeld to their inferiours in respecte of ye place and other concurring circomstances. So this came to nothing; and afterward Mr. Sherley write, yt if Mr. Winslow would mett him in France, ye Low-Countries, or Scotland, let ye place be knowne, and he [236] come to him ther. But in regard of ye troubles that now begane to arise in our owne nation, and other reasons, this did not come to any effecte. That which made them so desirous to bring things to an end was partly to stope ye clamours and aspertions raised & cast upon them hereaboute; though they conceived them selves to sustaine the greatest wrong, and had most cause of complainte; and partly because they feared ye fall of catle, in which most parte of their estats lay. And this was not a vaine feare; for they fell indeede before they came to a conclusion, and that so souddanly, as a cowe that but a month before was worth 20li., and would so have passed in any paymente, fell now to 5li. and would yeeld no more; and a goate that wente at 3li. or 50s. would now yeeld but 8. or 10s. at most. All men feared a fall of catle, but it was thought it would be by degrees; and not to be from ye highest pitch at once to ye lowest, as it did, which was greatly to ye damage of many, and ye undoing of some. An other reason was, they many of them grew aged, (and indeed a rare thing it was that so many partners should all live together so many years as these did,) and saw many changes were like to befall; so as they were loath to leave these intanglments upon their children and posteritie, who might be driven to remove places, as they had done; yea, them selves might doe it yet before they dyed. But this bussines must yet rest; ye next year gave it more ripnes, though it rendred them less able to pay, for ye reasons afforesaid.
Mr. Sherley being weary of this controversie, and desirous of an end, (as well as them selves,) write to Mr. John Atwode and Mr. William Collier, 2. of ye inhabitants of this place, and of his speatiall aquaintance, and desired them to be a means to bring this bussines to an end, by advising & counselling the partners hear, by some way to bring it to a composition, by mutuall agreemente. And he write to them selves allso to yt end, as by his letter may apear; so much therof as concernse ye same I shall hear relate.
Sr. My love remembered, &c. I have writte so much concerning ye ending of accounts betweexte us, as I profess I know not what more to write, &c. If you desire an end, as you seeme to doe, ther is (as I conceive) but 2. waise; that is, to parfecte all accounts, from ye first to ye last, &c. Now if we find this difficulte, and tedious, haveing not been so stricte & carefull as we should and oughte to have done, as for my owne parte I doe confess I have been somewhat to remisse, and doe verily thinke so are you, &c. I fear you can never make a perfecte accounte of all your pety viages, out, & home too & againe, &c.[EG] So then ye second way must be, by biding, or [237] compounding; and this way, first or last, we must fall upon, &c. If we must warr at law for it, doe not you expecte from me, nether will I from you, but to cleave ye heare, and then I dare say ye lawyers will be most gainers, &c. Thus let us set to ye worke, one way or other, and end, that I may not allways suffer in my name & estate. And you are not free; nay, ye gospell suffers by your delaying, and causeth ye professors of it to be hardly spoken of, that you, being many, & now able, should combine & joyne togeather to oppress & burden me, &c. Fear not to make a faire & reasonable offer; beleeve me, I will never take any advantage to plead it against you, or to wrong you; or else let Mr. Winslow come over, and let him have such full power & authority as we may ende by compounding; or else, ye accounts so well and fully made up, as we may end by reconing. Now, blesed be God, ye times be much changed here, I hope to see many of you returne to your native countrie againe, and have such freedome & libertie as ye word of God prescribs. Our bishops were never so near a downfall as now; God hath miraculously confounded them, and turned all their popish & Machavillian plots & projects on their owne heads, &c. Thus you see what is fitt to be done concerning our perticulere greevances. I pray you take it seriously into consideration; let each give way a litle that we may meete, &c. Be you and all yours kindly saluted, &c. So I ever rest,
Being thus by this leter, and allso by Mr. Atwodes & Mr. Colliers mediation urged to bring things to an end, (and ye continuall clamors from ye rest,) and by none more urged then by their own desires, they tooke this course (because many scandals had been raised upon them). They apoynted these 2. men before mentioned to meet on a certaine day, and called some other freinds on both sids, and Mr. Free-man, brother in law to Mr. Beachamp, and having drawne up a collection of all ye remains of ye stock, in what soever it was, as housing, boats, bark, and all implements belonging to ye same, as they were used in ye time of ye trad, were they better or worce, with ye remaines of all com̅odities, as beads, knives, hatchetts, cloth, or any thing els, as well ye refuse as ye more vendible, with all debts, as well those yt were desperate as others more hopefull; and having spent diverce days to bring this to pass, having ye helpe of all bookes and papers, which either any of them selves had, or Josias Winslow, who was their accountante; and they found ye sume in all to arise (as ye things were valued) to aboute 1400li. And they all of them tooke a voluntary but a sollem oath, in ye presence one of an other, and of all their frends, ye persons abovesaid yt were now presente, that this was all that any of them knew of, or could remember; and Josias Winslow did ye like for his parte. But ye truth is they wrongd them selves much in ye valuation, for they reconed some catle as they were taken of Mr. Allerton, as for instance a cowe in ye hands of one cost 25li. and so she was valued in this accounte; but when she came to be past away in parte of paymente, after ye agreemente, she would be accepted but a 4li. 15s. [238] Also being tender of their oaths, they brought in all they know owing to ye stock; but they had not made ye like diligente search what ye stocke might owe to any, so as many scattering debts fell upon afterwards more then now they know of.
Upon this they drew certaine articles of agreemente betweene Mr. Atwode, on Mr. Sherleys behalfe, and them selves. The effecte is as folloeth.
Articles of agreemente made and concluded upon ye 15. day of October, 1641. &c.
Imp: Wheras ther was a partnership for diverce years agreed upon betweene James Sherley, John Beacham, and Richard Andrews, of London, marchants, and William Bradford, Edward Winslow, Thomas Prence, Myles Standish, William Brewster, John Aldon, & John Howland, wth Isaack Allerton, in a trade of beaver skines & other furrs arising in New-England; the terme of which said partnership being expired, and diverse sum̅es of money in goods adventured into New-England by ye said James Sherley, John Beachamp, & Richard Andrews, and many large returnes made from New-England by ye said William Bradford, Ed: Winslow, &c.; and differance arising aboute ye charge of 2. ships, the one called ye White Angele, of Bristow, and ye other ye Frindship, of Barnstable, and a viage intended in her, &c.; which said ships & their viages, ye said William Bradford, Ed: W. &c. conceive doe not at all appertaine to their accounts of partnership; and weras ye accounts of ye said partnership are found to be confused, and cannot orderley appeare (through ye defaulte of Josias Winslow, ye booke keeper); and weras ye said W. B. &c. have received all their goods for ye said trade from the foresaid James Sherley, and have made most of their returnes to him, by consente of ye said John Beachamp & Richard Andrews; and wheras also ye said James Sherley hath given power & authoritie to Mr. John Atwode, with ye advice & consente of William Collier, of Duxborow, for and on his behalfe, to put such an absolute end to ye said partnership, with all and every accounts, reconings, dues, claimes, demands, whatsoever, to ye said James Sherley, John Beacham, & Richard Andrews, from ye said W. B. &c. for and concerning ye said beaver trade, & also ye charge ye said 2. ships, and their viages made or pretended, whether just or unjuste, from ye worlds begining to this presente, as also for ye paimente of a purchas of 1800li. made by Isaack Allerton, for and on ye behalfe of ye said W. B., Ed: W., &c., and of ye joynt stock, shares, lands, and adventurs, what soever in New-England aforesaid, as apeareth by a deede bearing date ye 6. Novbr. 1627; and also for and from such sume and sumes of money or goods as are received by William Bradford, Tho: Prence, & Myles Standish, for ye recovery of dues, by accounts betwexte them, ye said James Sherly, John Beachamp, & Richard Andrews, and Isaack Allerton, for ye ship caled ye White Angell. Now ye said John Attwode, with advice & counsell of ye said William Collier, having had much comunication & spente diverse days in agitation of all ye said differances & accounts with ye said W. B., E. W., &c.; and ye said W. B., E. W., &c. have also, with ye said book-keeper spente much time in collecting & gathering togeither ye remainder of ye stock of partnership for ye said trade, and what soever hath beene received, or is due by ye said attorneyship before expresed, and all, and all manner of goods, debts, and dues therunto belonging, as well those debts that are weake and doubtfull [239] and desperate, as those yt are more secure, which in all doe amounte to ye sume of 1400li. or ther aboute; and for more full satisfaction of ye said James Sherley, John Beachamp, & Richard Andrews, the said W. B. and all ye rest of ye abovesaid partners, togeither with Josias Winslow ye booke keeper, have taken a voluntarie oath, yt within ye said sume of 1400li. or theraboute, is contained whatsoever they knew, to ye utmost of their rememberance.
In consideration of all which matters & things before expressed, and to ye end yt a full, absolute, and finall end may be now made, and all suits in law may be avoyded, and love & peace continued, it is therfore agreed and concluded betweene ye said John Attwode, with ye advice & consent of ye said William Colier, for & on ye behalfe of ye said James Sherley, to and with ye said W. B., &c. in maner and forme following: viz. that ye said John Attwode shall procure a sufficiente release and discharge, under ye hands & seals of ye said James Sherley, John Beachamp, & Richard Andrews, to be delivered fayer & unconcealed unto ye said William Bradford, &c., at or before ye last day of August, next insuing ye date hereof, whereby ye said William Bradford &c., their heires, executors, & administrators, & every of them shall be fully and absolutly aquited & discharged of all actions, suits, reconings, accounts, claimes, and demands whatsoever concerning ye generall stock of beaver trade, paymente of ye said 1800li. for ye purchass, and all demands, reckonings, and accounts, just or unjuste, concerning the tow ships Whit-Angell and Frendship aforesaid, togeather with whatsoever hath been received by ye said William Bradford, of ye goods or estate of Isaack Allerton, for satisfaction of ye accounts of ye said ship called ye Whit Angele, by vertue of a lre of attourney to him, Thomas Prence, & Myles Standish, directed from ye said James Sherley, John Beachamp, & Richard Andrews, for yt purpose as afforesaid.
It is also agreed & concluded upon betweene the said parties to these presents, that the said W. B., E. W., &c. shall now be bound in 2400li. for paymente of 1200li. in full satisfaction of all demands as afforesaid; to be payed in maner & forme following; that is to say, 400li. within 2. months next after ye receite of the aforesaid releases and discharges, one hundred and ten pounds wherof is allready in ye hands of John Winthrop senior of Boston, Esquire, by the means of Mr. Richard Andrews afforesaid, and 80li. waight of beaver now deposited into ye hands of ye said John Attwode, to be both in part of paimente of ye said 400li. and ye other 800li. to be payed by 200li. p̲r an̅ume, to such assignes as shall be appointed, inhabiting either in Plimoth or Massachusetts Bay, in such goods & comodities, and at such rates, as the countrie shall afford at ye time of delivery & paymente; and in ye mean time ye said bond of 2400li. to be deposited into ye hands of ye said John Attwode. And it is agreed upon by & betweene ye said parties to these presents, that if ye said John Attwode shall not or cannot procure such said releases & discharges as afforesaid from ye said James Sherley, John Bachamp, & Richard Andrews, at or before ye last day of August next insuing ye date hear of, yt then ye said John Attwode shall, at ye said day precisely, redeliver, or cause to [240] be delivered unto ye said W. B., E. W., &c. their said bond of 2400li. and ye said 80li. waight of beaver, or ye due valew therof, without any fraud or further delay; and for performance of all & singuler ye covenants and agreements hearin contained and expressed, which on ye one parte and behalfe of ye said James Sherley are to be observed & performed, shall become bound in ye sum̅e of 2400li. to them, ye said William Bradford, Edward Winslow, Thomas Prence, Myles Standish, William Brewster, John Allden, and John Howland. And it is lastly agreed upon betweene ye said parties, that these presents shall be left in trust, to be kepte for boath parties, in ye hands of Mr. John Reanour, teacher of Plimoth. In witnes wherof, all ye said parties have hereunto severally sett their hands, ye day and year first above writen.
John Atwode, William Bradford, Edward Winslow, &c. In ye presence of
The nexte year this long and tedious bussines came to some issue, as will then appeare, though not to a finall ende with all ye parties; but this much for ye presente.
I had forgoten to inserte in its place how ye church here had invited and sent for Mr. Charles Chansey,[EH] a reverend, godly, and very larned man, intending upon triall to chose him pastor of ye church hear, for ye more comfortable performance of ye ministrie with Mr. John Reinor, the teacher of the same. But ther fell out some differance aboute baptising, he holding it ought only to be by diping, and putting ye whole body under water, and that sprinkling was unlawfull. The church yeelded that immersion, or dipping, was lawfull, but in this could countrie not so conveniente. But they could not nor durst not yeeld to him in this, that sprinkling (which all ye churches of Christ doe for ye most parte use at this day) was unlawfull, & an humane invention, as ye same was prest; but they were willing to yeeld to him as far as yey could, & to ye utmost; and were contented to suffer him to practise as he was perswaded; and when he came to minister that ordnance, he might so doe it to any yt did desire it in yt way, provided he could peacably suffer Mr. Reinor, and such as desired to have theirs otherwise baptised by him, by sprinkling or powering on of water upon them; so as ther might be no disturbance in ye church hereaboute. But he said he could not yeeld herunto. Upon which the church procured some other ministers to dispute ye pointe with him publikly; as Mr. Ralfe Partrich, of Duxberie, who did it sundrie times, very ablie and sufficently, as allso some other ministers within this govermente. But he was not satisfied; so ye church sent to many other churches to crave their help and advise in [241] this mater, and, with his will & consente, sent them his arguments writen under his owne hand. They sente them to ye church at Boston in ye Bay of Massachusets, to be comunicated with other churches ther. Also they sent ye same to the churches of Conightecutt and New-Haven, with sundrie others; and received very able & sufficent answers, as they conceived, from them and their larned ministers, who all concluded against him. But him selfe was not satisfied therwth. Their answers are too large hear to relate. They conceived ye church had done what was meete in ye thing, so Mr. Chansey, having been ye most parte of 3. years here, removed him selfe to Sityate, wher he now remaines a minister to ye church ther. Also about these times, now yt catle & other things begane greatly to fall from their former rates, and persons begane to fall into more straits, and many being allready gone from them, (as is noted before,) both to Duxberie, Marshfeeld, and other places, & those of ye cheefe sorte, as Mr. Winslow, Captaine Standish, Mr. Allden, and many other, & stille some dropping away daly, and some at this time, and many more unsetled, it did greatly weaken ye place, and by reason of ye straitnes and barrennes of ye place, it sett ye thoughts of many upon removeall; as will appere more hereafter.
Marvilous it may be to see and consider how some kind of wickednes did grow & breake forth here, in a land wher the same was so much witnesed against, and so narrowly looked unto, & severly punished when it was knowne; as in no place more, or so much, that I have known or heard of; insomuch as they have been somewhat censured, even by moderate and good men, for their severitie in punishments. And yet all this could not suppress ye breaking out of sundrie notorious sins, (as this year, besids other, gives us too many sad presidents and instances,) espetially drunkennes and unclainnes; not only incontinencie betweene persons unmaried, for which many both men & women have been punished sharply enough, but some maried persons allso. But that which is worse, even sodomie and bugerie, (things fearfull to name,) have broak forth in this land, oftener then once. I say it may justly be marveled at, and cause us to fear & tremble at the consideration of our corrupte natures, which are so hardly bridled, subdued, & mortified; nay, cannot by any other means but ye powerfull worke & grace of Gods spirite. But (besids this) one reason may be, that ye Divell may carrie a greater spite against the churches of Christ and ye gospell hear, by how much ye more they indeaour to preserve holynes and puritie amongst them, and strictly punisheth the contrary when it ariseth either in church or comone wealth; that he might cast a [242] blemishe & staine upon them in ye eyes of [ye] world, who use to be rash in judgmente. I would rather thinke thus, then that Satane hath more power in these heathen lands, as som have thought, then in more Christian nations, espetially over Gods servants in them.
2. An other reason may be, that it may be in this case as it is with waters when their streames are stopped or dam̅ed up, when they gett passage they flow with more violence, and make more noys and disturbance, then when they are suffered to rune quietly in their owne chanels. So wikednes being here more stopped by strict laws, and ye same more nerly looked unto, so as it cannot rune in a comone road of liberty as it would, and is inclined, it searches every wher, and at last breaks out wher it getts vente.
3. A third reason may be, hear (as I am verily perswaded) is not more evills in this kind, nor nothing nere so many by proportion, as in other places; but they are here more discoverd and seen, and made publick by due serch, inquisition, and due punishment; for ye churches looke narrowly to their members, and ye magistrats over all, more strictly then in other places. Besids, here the people are but few in comparison of other places, which are full & populous, and lye hid, as it were, in a wood or thickett, and many horrible evills by yt means are never seen nor knowne; wheras hear, they are, as it were, brought into ye light, and set in ye plaine feeld, or rather on a hill, made conspicuous to ye veiw of all.
But to proceede; yer came a letter from ye Govr in ye Bay to them here, touching matters of ye forementioned nature, which because it may be usefull I shall hear relate it, and ye passages ther aboute.
Sr: Having an opportunitie to signifie ye desires of our Generall Court in toow things of spetiall importance, I willingly take this occasion to imparte them to you, yt you may imparte them to ye rest of your magistrats, and also to your Elders, for counsell; and give us your advise in them. The first is concerning heinous offences in point of uncleannes; ye perticuler cases, with ye circomstances, and ye questions ther upon, you have hear inclosed. The 2. thing is concerning ye Ilanders at Aquidnett; yt seeing the cheefest of them are gone from us, in offences, either to churches, or com̅one welth, or both; others are dependants on them, and ye best sorte are such as close with them in all their rejections of us. Neither is it only in a faction yt they are devided from us, but in very deed they rend them selves from all ye true churches of Christ, and, many of them, from all ye powers of majestracie. We have had some experience hereof by some of their underworkers, or emissaries, who have latly come amongst us, and have made publick defiance against magistracie, ministrie, churches, & church covenants, &c. as antichristian; secretly also sowing ye seeds of Familisme, and Anabaptistrie, to ye infection of some, and danger of others; so that we are not willing to joyne with them in any league or confederacie at all, but rather that you would consider & advise with us how we may avoyd them, and keep ours from being infected by them. Another thing I should mention to you, for ye maintenance of ye trad of beaver; if ther be not a company to order it in every jurisdition among ye English, which companies should agree in generall of their way in trade, I supose that ye trade will be overthrowne, and the Indeans will abuse us. For this cause we have latly put it into order amongst us, hoping of incouragmente from you (as we have had) yt we may continue ye same. Thus not further to trouble you, I rest, with my loving remembrance to your selfe, &c.
The note inclosed follows on ye other side.[EI]
[244] Worthy & beloved Sr:
Your letter (with ye questions inclosed) I have comunicated with our Assistants, and we have refered ye answer of them to such Revēd Elders as are amongst us, some of whose answers thertoo we have here sent you inclosed, under their owne hands; from ye rest we have not yet received any. Our farr distance hath bene ye reason of this long delay, as also yt they could not conferr their counsells togeather.
For our selves, (you know our breedings & abillities,) we rather desire light from your selves, & others, whom God hath better inabled, then to presume to give our judgments in cases so difficulte and of so high a nature. Yet under correction, and submission to better judgments, we propose this one thing to your prudent considerations. As it seems to us, in ye case even of willfull murder, that though a man did smite or wound an other, with a full pourpose or desire to kill him, (wch is murder in a high degree, before God,) yet if he did not dye, the magistrate was not to take away ye others life.[EJ] So by proportion in other grosse & foule sines, though high attempts & nere approaches to ye same be made, and such as in the sight & account of God may be as ill as ye accomplishmente of ye foulest acts of yt sine, yet we doute whether it may be safe for ye magistrate to proceed to death; we thinke, upon ye former grounds, rather he may not. As, for instance, in ye case of adultrie, (if it be admitted yt it is to be punished wth death, which to some of us is not cleare,) if ye body be not actually defiled, then death is not to be inflicted. So in sodomie, & beastialitie, if ther be not penetration. Yet we confess foulnes of circomstances, and frequencie in ye same, doth make us remaine in ye darke, and desire further light from you, or any, as God shall give.
As for ye 2. thing, concerning ye Ilanders? we have no conversing with them, nor desire to have, furder then necessitie or humanity may require.
And as for trade? we have as farr as we could ever therin held an orderly course, & have been sory to see ye spoyle therof by others, and fear it will hardly be recovered. But in these, or any other things which may concerne ye com̅one good, we shall be willing to advise & concure with you in what we may. Thus wth my love remembered to your selfe, and ye rest of our worthy friends, your Assistants, I take leave, & rest,