Chapter XVI: Part 16

Amongst other enormities that fell out amongst them, this year 3. men were (after due triall) executed for robery & murder which they had committed; their names were these, Arthur Peach, Thomas Jackson, and Richard Stinnings; ther was a 4., Daniel Crose, who was also guilty, but he escaped away, and could not be found. This Arthur Peach was y^e cheefe of them, and y^e ring leader of all y^e rest. He was a lustie and a desperate yonge man, and had been one of y^e souldiers in y^e Pequente warr, and had done as good servise as y^e most ther, and one of y^e forwardest in any attempte. And being now out of means, and loath to worke, and falling to idle courses & company, he intended to goe to y^e Dutch plantation; and had alured these 3., being other mens servants and apprentices, to goe with him. But another cause ther was allso of his secret going away in this maner; he was not only rune into debte, but he had gott a maid with child, (which was not known till after his death,) a mans servante in y^e towne, and fear of punishmente made him gett away. The other 3. complotting with him, ranne away from their maisters in the night, and could not be heard of, for they went not y^e ordinarie way, but shaped such a course as they thought to avoyd y^e pursute of any [228]. But falling into y^e way that lyeth betweene y^e Bay of Massachusetts and the Narrigansets, and being disposed to rest them selves, struck fire, and took tobaco, a litle out of y^e way, by y^e way side. At length ther came a Narigansett Indean by, who had been in y^e Bay a trading, and had both cloth & beads aboute him. (They had meett him y^e day before, & he was now returning.) Peach called him to drinke tobaco with them, and he came & sate downe with them. Peach tould y^e other he would kill him, and take what he had from him. But they were some thing afraid; but he said, Hang him, rogue, he had killed many of them. So they let him alone to doe as he would; and when he saw his time, he tooke a rapier and rane him through the body once or twise, and tooke from him 5. fathume of wampam, and 3. coats of cloath, and wente their way, leaving him for dead. But he scrabled away, when they were gone, and made shift to gett home, (but dyed within a few days after,) by which means they were discovered; and by subtilty the Indeans tooke them. For they desiring a canow to sett them over a water, (not thinking their facte had been known,) by y^e sachems command they were carried to Aquidnett Iland, & ther accused of y^e murder, and were examend & comitted upon it by y^e English ther. The Indeans sent for M^r. Williams, & made a greeveous complainte; his freinds and kinred were ready to rise in armes, and provock the rest therunto, some conceiving they should now find y^e Pequents words trew: that y^e English would fall upon them. But M^r. Williams pacified them, & tould them, they should see justice done upon y^e offenders; & wente to y^e man, & tooke M^r. James, a phisition, with him. The man tould him who did it, & in what maner it was done; but the phisition found his wounds mortall, and that he could not live, (as he after testified upon othe, before the jurie in oppen courte,) and so he dyed shortly after, as both Mr. Williams, M^r. James, & some Indeans testified in courte. The Gov^rt in the Bay were aquented with it, but refferrd it hither, because it was done in this jurisdiction;[EB] but pressed by all means y^t justice might be done in it; or els y^e countrie must rise & see justice done, otherwise it would raise a warr. Yet some of y^e rude & ignorante sorte murmured that any English should be put to death for y^e Indeans. So at last they of y^e iland brought them hither, and being often examened, and y^e evidence prodused, they all in the end freely confessed in effect all y^t the Indean accused them of, & that they had done it, in y^e maner afforesaid; and so, upon y^e forementioned evidence, were cast by y^e jurie, & condemned, & executed for the same. And some of y^e Narigansett Indeans, & of y^e parties freinds, were presente when it was done, which gave them & all y^e countrie good satisfaction. But it was a matter of much sadnes to them hear, and was y^e 2. execution which they had since they came; being both for wilfull murder, as hath bene before related. Thus much of this mater.

[229] They received this year more letters from England full of reneued complaints, on y^e one side, that they could gett no money nor accounte from M^r. Sherley; & he againe, y^t he was pressed therto, saying he was to accounte with those hear, and not with them, &c. So, as was before resolved, if nothing came of their last letters, they would now send them what they could, as supposing, when some good parte was payed them, that M^r. Sherley & they would more easily agree aboute y^e remainder.

So they sent to M^r. Andrews and M^r. Beachamp, by M^r. Joseph Yonge, in y^e Mary & Anne, 1325^li. waight of beaver, devided betweene them. M^r. Beachamp returned an accounte of his moyety, that he made 400^li. starling of it, fraight and all charges paid. But M^r. Andrews, though he had y^e more and beter parte, yet he made not so much of his, through his owne indiscretion; and yet turned y^e loss[EC] upon them hear, but without cause.

They sent them more by bills & other paimente, which was received & acknowledged by them, in money[ED] & y^e like; which was for katle sould of M^r. Allertons, and y^e price of a bark sold, which belonged to y^e stock, and made over to them in money, 434^li. sterling. The whole sume was 1234^li. sterling, save what M^r. Andrews lost in y^e beaver, which was otherwise made good. But yet this did not stay their clamors, as will apeare here after more at large.

It pleased God, in these times, so to blesse y^e cuntry with such access & confluance of people into it, as it was therby much inriched, and catle of all kinds stood at a high rate for diverce years together. Kine were sould at 20^li. and some at 25^li. a peece, yea, some times at 28^li. A cow-calfe usually at 10^li. A milch goate at 3^li. & some at 4^li. And femall kids at 30^s. and often at 40^s. a peece. By which means y^e anciente planters which had any stock begane to grow in their estats. Corne also wente at a round rate, viz. 6^s. a bushell. So as other trading begane to be neglected; and the old partners (having now forbidden M^r. Sherley to send them any more goods) broke of their trade at Kenebeck, and, as things stood, would follow it no longer. But some of them, (with other they joyned with,) being loath it should be lost by discontinuance, agreed with y^e company for it, and gave them aboute y^e 6. parte of their gaines for it; [230][EE] with y^e first fruits of which they builte a house for a prison; and the trade ther hath been since continued, to y^e great benefite of y^e place; for some well fore-sawe that these high prises of corne and catle would not long continue, and that then y^e co[=m]odities ther raised would be much missed.

This year, aboute y^e 1. or 2. of June, was a great & fearfull earthquake; it was in this place heard before it was felte. It came with a rumbling noyse, or low murmure, like unto remoate thunder; it came from y^e norward, & pased southward. As y^e noyse aproched nerer, they earth begane to shake, and came at length with that violence as caused platters, dishes, & such like things as stoode upon shelves, to clatter & fall downe; yea, persons were afraid of y^e houses them selves. It so fell oute y^t at y^e same time diverse of y^e cheefe of this towne were mett together at one house, conferring with some of their freinds that were upon their removall from y^e place, (as if y^e Lord would herby shew y^e signes of his displeasure, in their shaking a peeces & removalls one from an other.) How ever it was very terrible for y^e time, and as y^e men were set talking in y^e house, some women & others were without y^e dores, and y^e earth shooke with y^t violence as they could not stand without catching hould of y^e posts & pails y^t stood next them; but y^e violence lasted not long. And about halfe an hower, or less, came an other noyse & shaking, but nether so loud nor strong as y^e former, but quickly passed over; and so it ceased. It was not only on y^e sea coast, but y^e Indeans felt it within land; and some ships that were upon y^e coast were shaken by it. So powerfull is y^e mighty hand of y^e Lord, as to make both the earth & sea to shake, and the mountaines to tremble before him, when he pleases; and who can stay his hand? It was observed that y^e so[=m]ers, for divers years togeather after this earthquake, were not so hotte & seasonable for y^e ripning of corne & other fruits as formerly; but more could & moyst, & subjecte to erly & untimly frosts, by which, many times, much Indean corne came not to maturitie; but whether this was any cause, I leave it to naturallists to judge.

_Anno Dom: 1639. & Anno Dom: 1640._

These 2. years I joyne togeather, because in them fell not out many things more then y^e ordinary passages of their co[=m]one affaires, which are not needfull to be touched. [231] Those of this plantation having at sundrie times granted lands for severall townships, and amongst y^e rest to y^e inhabitants of Sityate, some wherof issewed from them selves, and allso a large tracte of land was given to their 4. London partners in y^e place, viz. M^r. Sherley, M^r. Beacham, M^r. Andrews, & M^r. Hatherley. At M^r. Hatherley's request and choys it was by him taken for him selfe and them in y^t place; for the other 3. had invested him with power & trust to chose for them. And this tracte of land extended to their utmoste limets that way, and bordered on their neigbours of y^e Massachusets, who had some years after seated a towne (called Hingam) on their lands next to these parts. So as now ther grue great differance betweene these 2. townships, about their bounds, and some meadow grownds that lay betweene them. They of Hingam presumed to alotte parte of them to their people, and measure & stack them out. The other pulled up their stacks, & threw them. So it grew to a controversie betweene the 2. goverments, & many letters and passages were betweene them aboute it; and it hunge some 2. years in suspense. The Courte of Massachusets, appointed some to range their line according to y^e bounds of their patente, and (as they wente to worke) they made it to take in all Sityate, and I know not how much more. Againe, on y^e other hand, according to y^e line of the patente of this place, it would take in Hingame and much more within their bounds.

In y^e end boath Courts agreed to chose 2. comissioners of each side, and to give them full & absolute power to agree and setle y^e bounds betwene them; and what they should doe in y^e case should stand irrevocably. One meeting they had at Hingam, but could not conclude; for their comissioners stoode stiffly on a clawes in their graunte, That from Charles-river, or any branch or parte therof, they were to extend their limits, and 3. myles further to y^e southward; or from y^e most southward parte of y^e Massachusets Bay, and 3. mile further. But they chose to stand on y^e former termes, for they had found a smale river, or brooke rather, that a great way with in land trended southward, and issued into some part of y^t river taken to be Charles-river, and from y^e most southerly part of this, & 3. mile more southward of y^e same, they would rune a line east to y^e sea, aboute 20. mile; which will (say they) take in a part of Plimoth itselfe. Now it is to be knowne y^t though this patente & plantation were much the ancienter, yet this inlargemente of the same (in which Sityate stood) was granted after theirs, and so theirs were first to take place, before this inlargmente. Now their answer was, first, that, however according to their owne plan, they could noway come upon any part of their ancieante grante. [232] Secondly. They could never prove y^t to be a parte of Charles-river, for they knew not which was Charles-river, but as y^e people of this place, which came first, imposed such a name upon y^t river, upon which, since, Charles-towne is builte (supposing y^t was it, which Captaine Smith in his mapp so named). Now they y^t first named it have best reason to know it, and to explaine which is it. But they only tooke it to be Charles river, as fare as it was by them navigated, and y^t was as farr as a boate could goe. But y^t every runlett or small brooke, y^t should, farr within land, come into it, or mixe their stremes with it, and were by y^e natives called by other & differente names from it, should now by them be made Charles-river, or parts of it, they saw no reason for it. And gave instance in Humber, in Old England, which had y^e Trente, Ouse, and many others of lesser note fell into it, and yet were not counted parts of it; and many smaler rivers & broks fell into y^e Trente, & Ouse, and no parts of them, but had nams aparte, and divisions & nominations of them selves. Againe, it was pleaded that they had no east line in their patente, but were to begine at y^e sea, and goe west by a line, &c. At this meeting no conclution was made, but things discussed & well prepared for an issue. The next year y^e same co[=m]issioners had their power continued or renewed, and mett at Sityate, and concluded y^e mater, as followeth.

_The agreemente of y^e bounds betwixte Plimoth and Massachusetts._

Wheras ther were tow comissiones granted by y^e 2. jurisdictions, y^e
one of Massachsets Govermente, granted unto John Endecott, gent: and
Israell Stoughton, gent: the other of New-Plimoth Govermente, to
William Bradford, Gov^r, and Edward Winslow, gent: and both these for
y^e setting out, setling, & determining of y^e bounds & limitts of y^e
lands betweene y^e said jurisdictions, wherby not only this presente
age, but y^e posteritie to come may live peaceably & quietly in y^t
behalfe. And for as much as y^e said comissioners on both sids have
full power so to doe, as appeareth by y^e records of both
jurisdictions; we therfore, y^e said comissioners above named, doe
hearby with one consente & agreemente conclude, detirmine, and by
these presents declare, that all y^e marshes at Conahasett y^t lye of
y^e one side of y^e river next to Hingam, shall belong to y^e
jurisdition of Massachusetts Plantation; and all y^e marshes y^t lye
on y^e other side of y^e river next to Sityate, shall be long to y^e
jurisdiction of New-Plimoth; excepting 60. acers of marsh at y^e mouth
of y^e river, on Sityate side next to the sea, which we doe herby
agree, conclude, & detirmine shall belong to y^e jurisdition of
Massachusetts. And further, we doe hearby agree, determine, and
conclude, y^t the bounds of y^e limites betweene both y^e said
jurisditions are as followeth, viz. from y^e mouth of y^e brook y^t
runeth into Chonahasett marches (which we call by y^e name of
Bound-brooke) with a stright & directe line to y^e midle of a great
ponde, y^t lyeth on y^e right hand of y^e uper path, or commone way,
y^t leadeth betweene Waimoth and Plimoth, close to y^e 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 y^e souther-most
part of Charles-river,[EF] & 3. miles southerly, inward into y^e
countrie, according as is expresed in y^e patente granted by his
Ma^tie to y^e Company of y^e Massachusetts Plantation. Provided
allways and never y^e less concluded & determined by mutuall
agreemente betweene y^e said comissioners, y^t if it fall out y^t the
said line from Accord-pond to y^e sothermost parte of Charles-river, &
3. myles southerly as is before expresed, straiten or hinder any parte
of any plantation begune by y^e Gove^rt of New-Plimoth, or hereafter
to be begune within 10. years after y^e date of these ps^{nts}, that
then, notwithstanding y^e said line, it shall be lawfull for y^e said
Gov^rt of New-Plimoth to assume on y^e northerly side of y^e said
line, wher it shall so intrench as afforesaid, so much land as will
make up y^e 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 y^e said Gov^rt of
New-Plimoth. And wheras y^e said line, from y^e said brooke which
runeth into Choahassett saltmarshes, called by us Bound-brooke, and
y^e pond called Accord-pond, lyeth nere y^e lands belonging to y^e
tounships of Sityate & Hingam, we doe therfore hereby determine &
conclude, that if any devissions allready made and recorded, by either
y^e said townships, doe crose the said line, that then it shall stand,
& be of force according to y^e former intents and purposes of the said
townes granting them (the marshes formerly agreed on exepted). And y^t
no towne in either jurisdiction shall hereafter exceede, but containe
them selves within y^e said lines expressed. In witnes wherof we, the
comissioners of both jurisdictions, doe by these presents indented set
our hands & scales y^e ninth day of y^e 4. month in 16. year of our
soveraine lord, king Charles; and in y^e year of our Lord, 1640.

WILLIAM BRADFORD, GOV^R.
ED: WINSLOW.
JO: ENDECOTT.
ISRAELL STOUGHTON.

Wheras y^e patente was taken in y^e name of William Bradford, (as in trust,) and rane in these termes: To him, his heires, and associats & assignes; and now y^e noumber of free-men being much increased, and diverce tounships established and setled in severall quarters of y^e govermente, as Plimoth, Duxberie, Sityate, Tanton, Sandwich, Yarmouth, Barnstable, Marchfeeld, and not longe after, Seacunke (called afterward, at y^e desire of y^e inhabitants, Rehoboth) and Nawsett, it was by y^e 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 y^e first instruments of
God in the begi[=n]ing of this great work of plantation, togeather
with such as y^e allordering hand of God in his providence soone added
unto them, have been at very great charges to procure y^e 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 y^e title to y^e day of these
presents [234] remaineth in y^e said William Bradford, his heires,
associats, and assignes: now, for y^e better setling of y^e estate of
the said lands (contained in y^e grant or pattente), the said William
Bradford, and those first instruments termed & called in sondry orders
upon publick recorde, Y^e Purchasers, or Old comers; witnes 2. in
spetiall, the one bearing date y^e 3. of March, 1639. the other in
Des: the 1. An^o 1640. wherunto these presents have spetiall relation
& agreemente, and wherby they are distinguished from other y^e freemen
& inhabitants of y^e said corporation. Be it knowne unto all men,
therfore, by these presents, that the said William Bradford, for him
selfe, his heires, together with y^e said purchasers, doe only reserve
unto them selves, their heires, and assignes those 3. tractes of land
mentioned in y^e said resolution, order, and agreemente, bearing date
y^e first of Des: 1640. viz. first, from y^e bounds of Yarmouth, 3.
miles to y^e eastward of Naemschatet, and from sea to sea, crose the
neck of land. The 2. of a place called Acoughcouss, which lyeth in y^e
botome of y^e bay adjoyning to y^e west-side of Pointe Perill, and 2.
myles to y^e westerne side of y^e said river, to an other place called
Acushente river, which entereth at y^e westerne end of Nacata, and 2.
miles to y^e eastward therof, and to extend 8. myles up into y^e
countrie. The 3. place, from Sowansett river to Patucket river, (with
Cawsumsett neck,) which is y^e cheefe habitation of y^e Indeans, &
reserved for them to dwell upon, extending into y^e land 8. myles
through y^e 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 y^e said William Bradford doth, by y^e free & full consente,
approbation, and agreemente of y^e said old-planters, or purchasers,
together with y^e liking, approbation, and acceptation of y^e other
parte of y^e said corporation, surrender into y^e hands of y^e whole
courte, consisting of y^e free-men of this corporation of New-Plimoth,
all y^t other right & title, power, authority, priviledges,
immunities, & freedomes granted in y^e said letters patents by y^e
said right Honb^le Counsell for New-England; reserveing his & their
personall right of freemen, together w^th the said old planters
afforesaid, excepte y^e said lands before excepted, declaring the
freemen of this corporation, togeather with all such as shal be
legally admitted into y^e same, his associats. And y^e 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 y^e better confirming and establishing the said premises, as by
counsel lerned in y^e 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 y^e hands & power of y^e 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 M^r. Sherley; who now professed he could not make up his accounts without y^e help of some from hence, espetialy M^r. Winslows. They had serious thoughts of it, and y^e most parte of y^e partners hear thought it best to send; but they had formerly written such bitter and threatening letters as M^r. Winslow was neither willing to goe, nor y^t any other of y^e partners should; for he was perswaded, if any of them wente, they should be arested, and an action of such a su[=m]e 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 y^e arch-bishops means, as y^e 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 y^e consequence might prove dangerous, to take M^r. Winthrops advise in y^e thing, and y^e rather, because M^r. Andrews had by many letters acquaynted him with y^e differences betweene them, and appoynted him for his assigne to receive his parte of y^e debte. (And though they deneyed to pay him any as a debte, till y^e controversie was ended, yet they had deposited 110^li. in money in his hands for M^r. Andrews, to pay to him in parte as soone as he would come to any agreement with y^e rest.) But M^r. Winthrop was of M^r. 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 M^r. Winslow had suffered formerley, and for a small matter was clapte up in y^e 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 y^t respecte. Yet, that their equall & honest minds might appeare to all men, they made them this tender: to refferr y^e case to some gentle-men and marchants in y^e Bay of y^e 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 y^e partners hear,) and let them be informed in y^e case by both sids, and have all y^e evidence y^t 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 y^e 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, y^e partners here could not, by reason they (to their smarte) were failed by y^e accountante they sent them, and M^r. Sherley pretened he could not allso,) save as they conceived it a disparagmente to yeeld to their inferiours in respecte of y^e place and other concurring circomstances. So this came to nothing; and afterward M^r. Sherley write, y^t if M^r. Winslow would mett him in France, y^he Low-Countries, or Scotland, let y^e place be knowne, and he [236] come to him ther. But in regard of y^e 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 y^e 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 y^e 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 20^li., and would so have passed in any paymente, fell now to 5^li. and would yeeld no more; and a goate that wente at 3^li. or 50^s. would now yeeld but 8. or 10^s. at most. All men feared a fall of catle, but it was thought it would be by degrees; and not to be from y^e highest pitch at once to y^e lowest, as it did, which was greatly to y^e damage of many, and y^e 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; y^e next year gave it more ripnes, though it rendred them less able to pay, for y^e reasons afforesaid.

_Anno Dom: 1641._

M^r. Sherley being weary of this controversie, and desirous of an end, (as well as them selves,) write to M^r. John Atwode and M^r. William Collier, 2. of y^e 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 y^t end, as by his letter may apear; so much therof as concernse y^e same I shall hear relate.

S^r. My love remembered, &c. I have writte so much concerning y^e
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 y^e
first to y^e 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 y^e 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 y^e heare, and then I dare say y^e lawyers
will be most gainers, &c. Thus let us set to y^e worke, one way or
other, and end, that I may not allways suffer in my name & estate. And
you are not free; nay, y^e gospell suffers by your delaying, and
causeth y^e 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 M^r. Winslow come over, and let him have such full
power & authority as we may ende by compounding; or else, y^e accounts
so well and fully made up, as we may end by reconing. Now, blesed be
God, y^e times be much changed here, I hope to see many of you returne
to you^r native countrie againe, and have such freedome & libertie as
y^e 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,

Your loving friend,
JAMES SHERLEY.

Clapham, May 18, 1641.

Being thus by this leter, and allso by M^r. Atwodes & M^r. Colliers mediation urged to bring things to an end, (and y^e continuall clamors from y^e 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 M^r. Free-man, brother in law to M^r. Beachamp, and having drawne up a collection of all y^e remains of y^e stock, in what soever it was, as housing, boats, bark, and all implements belonging to y^e same, as they were used in y^e time of y^e trad, were they better or worce, with y^e remaines of all co[=m]odities, as beads, knives, hatchetts, cloth, or any thing els, as well y^e refuse as y^e more vendible, with all debts, as well those y^t were desperate as others more hopefull; and having spent diverce days to bring this to pass, having y^e helpe of all bookes and papers, which either any of them selves had, or Josias Winslow, who was their accountante; and they found y^e sume in all to arise (as y^e things were valued) to aboute 1400^li. And they all of them tooke a voluntary but a sollem oath, in y^e presence one of an other, and of all their frends, y^e persons abovesaid y^t were now presente, that this was all that any of them knew of, or could remember; and Josias Winslow did y^e like for his parte. But y^e truth is they wrongd them selves much in y^e valuation, for they reconed some catle as they were taken of M^r. Allerton, as for instance a cowe in y^e hands of one cost 25^li. and so she was valued in this accounte; but when she came to be past away in parte of paymente, after y^e agreemente, she would be accepted but a 4^li. 15^s. [238] Also being tender of their oaths, they brought in all they know owing to y^e stock; but they had not made y^e like diligente search what y^e 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 M^r. Atwode, on M^r. Sherleys behalfe, and them selves. The effecte is as folloeth.

_Articles of agreemente made and concluded upon y^e 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, w^th Isaack
Allerton, in a trade of beaver skines & other furrs arising in
New-England; the terme of which said partnership being expired, and
diverse su[=m]es of money in goods adventured into New-England by y^e
said James Sherley, John Beachamp, & Richard Andrews, and many large
returnes made from New-England by y^e said William Bradford, Ed:
Winslow, &c.; and differance arising aboute y^e charge of 2. ships,
the one called y^e White Angele, of Bristow, and y^e other y^e
Frindship, of Barnstable, and a viage intended in her, &c.; which said
ships & their viages, y^e said William Bradford, Ed: W. &c. conceive
doe not at all appertaine to their accounts of partnership; and weras
y^e accounts of y^e said partnership are found to be confused, and
cannot orderley appeare (through y^e defaulte of Josias Winslow, y^e
booke keeper); and weras y^e said W. B. &c. have received all their
goods for y^e said trade from the foresaid James Sherley, and have
made most of their returnes to him, by consente of y^e said John
Beachamp & Richard Andrews; and wheras also y^e said James Sherley
hath given power & authoritie to M^r. John Atwode, with y^e advice &
consente of William Collier, of Duxborow, for and on his behalfe, to
put such an absolute end to y^e said partnership, with all and every
accounts, reconings, dues, claimes, demands, whatsoever, to y^e said
James Sherley, John Beacham, & Richard Andrews, from y^e said W. B.
&c. for and concerning y^e said beaver trade, & also y^e charge y^e
said 2. ships, and their viages made or pretended, whether just or
unjuste, from y^e worlds begining to this presente, as also for y^e
paimente of a purchas of 1800^li. made by Isaack Allerton, for and on
y^e behalfe of y^e said W. B., Ed: W., &c., and of y^e joynt stock,
shares, lands, and adventurs, what soever in New-England aforesaid, as
apeareth by a deede bearing date y^e 6. Nov^br. 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 y^e recovery of dues, by
accounts betwexte them, y^e said James Sherly, John Beachamp, &
Richard Andrews, and Isaack Allerton, for y^e ship caled y^e White
Angell. Now y^e said John Attwode, with advice & counsell of y^e said
William Collier, having had much comunication & spente diverse days in
agitation of all y^e said differances & accounts with y^e said W. B.,
E. W., &c.; and y^e said W. B., E. W., &c. have also, with y^e said
book-keeper spente much time in collecting & gathering togeither y^e
remainder of y^e stock of partnership for y^e said trade, and what
soever hath beene received, or is due by y^e 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 y^t are more secure, which in all doe amounte to
y^e sume of 1400^li. or ther aboute; and for more full satisfaction of
y^e said James Sherley, John Beachamp, & Richard Andrews, the said W.
B. and all y^e rest of y^e abovesaid partners, togeither with Josias
Winslow y^e booke keeper, have taken a voluntarie oath, y^t within y^e
said sume of 1400^li. or theraboute, is contained whatsoever they
knew, to y^e utmost of their rememberance.

In consideration of all which matters & things before expressed, and
to y^e end y^t 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 y^e said John Attwode, with y^e
advice & consent of y^e said William Colier, for & on y^e behalfe of
y^e said James Sherley, to and with y^e said W. B., &c. in maner and
forme following: viz. that y^e said John Attwode shall procure a
sufficiente release and discharge, under y^e hands & seals of y^e said
James Sherley, John Beachamp, & Richard Andrews, to be delivered fayer
& unconcealed unto y^e said William Bradford, &c., at or before y^e
last day of August, next insuing y^e date hereof, whereby y^e 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 y^e generall stock of beaver trade, paymente of
y^e said 1800^li. for y^e 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
y^e said William Bradford, of y^e goods or estate of Isaack Allerton,
for satisfaction of y^e accounts of y^e said ship called y^e Whit
Angele, by vertue of a [~l]re of attourney to him, Thomas Prence, & Myles
Standish, directed from y^e said James Sherley, John Beachamp, &
Richard Andrews, for y^t 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
2400^li. for paymente of 1200^li. in full satisfaction of all demands
as afforesaid; to be payed in maner & forme following; that is to say,
400^li. within 2. months next after y^e receite of the aforesaid
releases and discharges, one hundred and ten pounds wherof is allready
in y^e hands of John Winthrop senior of Boston, Esquire, by the means
of M^r. Richard Andrews afforesaid, and 80^li. waight of beaver now
deposited into y^e hands of y^e said John Attwode, to be both in part
of paimente of y^e said 400^li. and y^e other 800^li. to be payed by
200^li. [p=]^r a[=n]ume, 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 y^e
time of delivery & paymente; and in y^e mean time y^e said bond of
2400^li. to be deposited into y^e hands of y^e said John Attwode. And
it is agreed upon by & betweene y^e said parties to these presents,
that if y^e said John Attwode shall not or cannot procure such said
releases & discharges as afforesaid from y^e said James Sherley, John
Bachamp, & Richard Andrews, at or before y^e last day of August next
insuing y^e date hear of, y^t then y^e said John Attwode shall, at y^e
said day precisely, redeliver, or cause to [240] be delivered unto ye
said W. B., E. W., &c. their said bond of 2400^li. and y^e said 80^li.
waight of beaver, or y^e due valew therof, without any fraud or
further delay; and for performance of all & singuler y^e covenants and
agreements hearin contained and expressed, which on y^e one parte and
behalfe of y^e said James Sherley are to be observed & performed,
shall become bound in y^e su[=m]e of 2400^li. to them, y^e said
William Bradford, Edward Winslow, Thomas Prence, Myles Standish,
William Brewster, John Allden, and John Howland. And it is lastly
agreed upon betweene y^e said parties, that these presents shall be
left in trust, to be kepte for boath parties, in y^e hands of Mr. John
Reanour, teacher of Plimoth. In witnes wherof, all y^e said parties
have hereunto severally sett their hands, y^e day and year first above
writen.

JOHN ATWODE, WILLIAM BRADFORD, EDWARD WINSLOW, &c. In y^e presence of

EDMOND FREEMAN,
WILLIAM THOMAS,
WILLIAM PADY,
NATHANIELL SOUTHER.

The nexte year this long and tedious bussines came to some issue, as will then appeare, though not to a finall ende with all y^e parties; but this much for y^e presente.

I had forgoten to inserte in its place how y^e church here had invited and sent for M^r. Charles Chansey,[EH] a reverend, godly, and very larned man, intending upon triall to chose him pastor of y^e church hear, for y^e more comfortable performance of y^e 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 y^e 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 y^e churches of Christ doe for y^e most parte use at this day) was unlawfull, & an humane invention, as y^e same was prest; but they were willing to yeeld to him as far as y^ey could, & to y^e 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 y^t did desire it in y^t 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 y^e church hereaboute. But he said he could not yeeld herunto. Upon which the church procured some other ministers to dispute y^e 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 y^e 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 y^e church at Boston in y^e Bay of Massachusets, to be comunicated with other churches ther. Also they sent y^e 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 therw^th. Their answers are too large hear to relate. They conceived y^e church had done what was meete in y^e thing, so M^r. Chansey, having been y^e most parte of 3. years here, removed him selfe to Sityate, wher he now remaines a minister to y^e church ther. Also about these times, now y^t 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 y^e cheefe sorte, as M^r. 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 y^e place, and by reason of y^e straitnes and barrennes of y^e place, it sett y^e thoughts of many upon removeall; as will appere more hereafter.

_Anno Dom: 1642._

Marvilous it may be to see and consider how some kind of wickednes did grow & breake forth here, in a land wher the same was so much witnesed against, and so narrowly looked unto, & severly punished when it was knowne; as in no place more, or so much, that I have known or heard of; insomuch as they have been somewhat censured, even by moderate and good men, for their severitie in punishments. And yet all this could not suppress y^e 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 y^e powerfull worke & grace of Gods spirite. But (besids this) one reason may be, that y^e Divell may carrie a greater spite against the churches of Christ and y^e gospell hear, by how much y^e 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 y^e eyes of [y^e] 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 da[=m]ed 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 y^e 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 y^e churches looke narrowly to their members, and y^e 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 y^t means are never seen nor knowne; wheras hear, they are, as it were, brought into y^e light, and set in y^e plaine feeld, or rather on a hill, made conspicuous to y^e veiw of all.

But to proceede; y^er came a letter from y^e Gov^r in y^e Bay to them here, touching matters of y^e forementioned nature, which because it may be usefull I shall hear relate it, and y^e passages ther aboute.

S^r: Having an opportunitie to signifie y^e desires of our Generall
Court in toow things of spetiall importance, I willingly take this
occasion to imparte them to you, y^t you may imparte them to y^e 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; y^e perticuler cases, with y^e circomstances, and y^e
questions ther upon, you have hear inclosed. The 2. thing is
concerning y^e Ilanders at Aquidnett; y^t seeing the cheefest of them
are gone from us, in offences, either to churches, or co[=m]one welth,
or both; others are dependants on them, and y^e best sorte are such as
close with them in all their rejections of us. Neither is it only in a
faction y^t they are devided from us, but in very deed they rend them
selves from all y^e true churches of Christ, and, many of them, from
all y^e 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 y^e seeds of Familisme, and Anabaptistrie, to y^e 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
y^e maintenance of y^e trad of beaver; if ther be not a company to
order it in every jurisdition among y^e English, which companies
should agree in generall of their way in trade, I supose that y^e
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) y^t we may continue y^e same.
Thus not further to trouble you, I rest, with my loving remembrance to
your selfe, &c.

Your loving friend,
RI: BELLINGHAM.

Boston, 28. (1.) 1642.

The note inclosed follows on y^e other side.[EI]

[244] Worthy & beloved S^r:

Your letter (with y^e questions inclosed) I have comunicated with our
Assistants, and we have refered y^e answer of them to such Rev[=e]^d
Elders as are amongst us, some of whose answers thertoo we have here
sent you inclosed, under their owne hands; from y^e rest we have not
yet received any. Our farr distance hath bene y^e reason of this long
delay, as also y^t 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 y^e case even of willfull murder, that though a
man did smite or wound an other, with a full pourpose or desire to
kill him, (w^ch is murder in a high degree, before God,) yet if he
did not dye, the magistrate was not to take away y^e others life.[EJ]
So by proportion in other grosse & foule sines, though high attempts &
nere approaches to y^e same be made, and such as in the sight &
account of God may be as ill as y^e accomplishmente of y^e foulest
acts of y^t sine, yet we doute whether it may be safe for y^e
magistrate to proceed to death; we thinke, upon y^e former grounds,
rather he may not. As, for instance, in y^e case of adultrie, (if it
be admitted y^t it is to be punished w^{th} death, which to some of us
is not cleare,) if y^e 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 y^e same, doth make us remaine in y^e darke, and desire further
light from you, or any, as God shall give.

As for y^e 2. thing, concerning y^e 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 y^e spoyle therof by others,
and fear it will hardly be recovered. But in these, or any other
things which may concerne y^e co[=m]one good, we shall be willing to
advise & concure with you in what we may. Thus w^{th} my love
remembered to your selfe, and y^e rest of our worthy friends, your
Assistants, I take leave, & rest,

Your loving friend,
W. B.

Plim: 17. 3. month, 1642.

Now follows y^e ministers answers. And first Mr. Reynors.