•4, . ¦ It.* i t*t». nf;^''r.,' lft». ..i;>«'it>iis>i: . I.-H',' YALE UNIVERSITY LIBRARY H I S TO R Y NEIV-ENGLAND, Containing an Impartial Account O F T H E Civil and Ecclejiajiical Affairs Of the Countrv, To the Y E a R of our LOR D, 1700. To which is added, ' The Present State of New-England. With a New and Accurate Map of the Country. AND AN APPENDIX Containing their Prefent Charter, their Ecclefiaflical Difci- pline, and their Municipal-Laws. In Two Volumes. • The Second Edition. With many Additions by the AUTHOR. By Daniel Neal, A.M. Vol. a LONDON: Piintea for A. Wa-rd, rn Little-Britain ; T. Longman and T. Shewell, in Paternofler-row, J. Oswald, in the .Poultry ; A Millar, in the Strand; an4 J. Prackstone, ia Cornhill. M dcc xlvii- THE CONTENTS O F T H E Second Volume^ Chap. IX. 'Tp H E Rife and Progrefs of the War with Philip X ^'"S "f the Wompanoags. He is hefuged in a Siuamp, but efcapes^ TiJf Nipmuck Indians /ow A//», and rout the Engiiih near Qaaboag. Connefticut Indians rife, anddejiroy the t'wo Front'ier-Garrifons, The Narrhaganfet Indians breai the Peace. The Englilh hejtege their Fort, and after a bloody Fight ta^e it b^ fiorm. ^\rXv^ s Stratagem to engage the Ma- quas in the War, accidentally difco'vered ; luhich brought that fonverful Nation upon himfelf. His Men are difpirited, and defert. Philip betrafd, and killed. His Character. War "with the Eaftern Indians. The Engliih make a difhonourable Peace luith them. The Fidelity of the Xn^iz.n Converts. ^he Deaths, and Char allers of fome confiderable Per fons in Church and State. King Charles takes ww ay thdr Charter. pas. i Chap. X. Captain Phips'j Expedition to ;f,&4Spanifh Wreck. Tht Rije of the War between the Engliih and Indians, in 'which the T'xeado.jake Part. The Re'volution of the Government ofi^ew ¦^, - The Progrefs of the War. Examples of the deplorablt tSircumfiances of the Prifoners taken by the Indians. The Reduiliou ^L"" Acadia o;- New Scotland. Sir William PhipsV unfortunate Expedition againft Quebec. The French and \'a^iz.r& fright anoay the Frontier Garrifons, and ravage the Country. The Englifll defeated at ^\iSt\'^n^X-P ond. A Truce concluded. The Death find Chara£}er of the Reverend Mr. John Eliot, the Apojlle «/" the Indians. . p. ^^7 Chap. XI. 5//- William Phips w/arw /c England, and joins vuith the New England Agents at the Court of King William and ^een Mary, in folliciting the Refloration of their Charter, They obtain a Nevu one, not fo agreeable to the People as their "Old one. Sir .William Phips appointed Governor. The War rene'wed. The memorable Siege ^ Wells. Mr. Increafe Ma ther created DoBor of Divinity. Pemmaquid-Fi?/'/ huill. A Feafe concluded •with the Indians, p. 1 00 Chap. The Contents, Chap. XII. Of tie fufpeiled Witchcrafts of 'iie-^'S-r^^^^^: J?/ Circumfl ances of the Affliaed Trye.Is of fever al of the ^^'^f'M (•.fiz.) of ihe Reverend Mr. George Burroughs, Chrk, B.'idgct . Bilhop, flWSufanna Martin ; the Number of the Condemned, and of thofe that were Executed, voith their Dying Behaviour, \ Several of the Accufed make tieir Efcape. IndireB Methoc's ¦ufed to promote Jecufations, The Recantation of fome of the Confeffing Witches, and of the Jurors. P- '2^ Chap. XIII. Sir William Phips recalled. His Death and Cha- ¦raBer. The WaV voith the Indians rene's Preparations werd difcovered to ±, Engbfi by John Saufainm. A Son of an /y/^» Convert, who had been educate! in the Chriftian Faith, but when he came to iudge for himfelf, returned to the Religion of his Ancef tors, and became Secretary to Philip. After fome Tfme N E W-E- N G L A N D. 3 Time he deferted his Mafter, and returning to the Englifi he changed his Keligion again, and gave fuch Signs of Sincerity, that he was admitted to the - Communion in one of the Indian Churches, and com- miflion'd to be a Preacher and Miffipnary, for the Converfion of his Countrymen to Chriftianity : As this Saufaman was travelling up and down the Country upon his Miffionary Work, he got Infor mation of PM/p's Defigns, and went immediately to the Governor of Plimouth, and made a full Dis covery of them. Philip was quickly informed both of the Treafon and Traytor, and took fuch Meafures upon it as quickly coft the poor Man his Life ; for, as he was travelling the Country alone, in the Wipter Time, two or three of PMzp's Men lay in Ambufh for him, and murdered him, as he was going over a Pond, and to conceal the Fadt, eut a Hole in the Ice, and thruft his Body into it,, leaving his Hat and Gun on the Qut-fide, that the World might think he had flipp'd in and drowned himfelf. When it was rumoured abroad that 5a«- faman was miffing, fome of his Neighbours went qut in Search of him, and finding his Hat and Gun by the Pond, they drew out his Body, and buried it ; but the Govcrnn-^ent of Plimouth fyxiptSCm^, that he was murdered, order'd his Body to be dug up, and irapaanel'd a Jury to fit upon it, who, upon examining the Body,' found the Neck broke, and the Head very much fwelled, and Bruifes in feveral other Parts, whereupon they gave' it 3s their Opi nion, that he was murder'd. Dr. Mather {-a^z, that when Tobias, one of King Philip\ Coupfellors, who was fufpedted of tl^e Murder, approached, the Body, it fell a bleeding, and that upon repeating fhe Ex periment feveral Times, it always bled afrefh '; but the Jgftice of Peace did not think. fit to com mit him upon this Evidence, till one Patuckfon an- JnAian came in and fvs'ore, that he faw' him with his B 2 Son, 4 The HISTORY of [An.i6is^ Son, and another Indian called Mattafhinnamy kill Saufaman ; upon this they were all three apprehend ed, and after a fair Trial for their I-ives by a Jury, confifting half of Englifh, and half of Indians, were found guilty •, and tho' they denied the Faft upon the Ladder, yet the laft of them happening to bfeak or flip the Rope, confefTed before he was turned off" the fecond Time, that the other two Indians who had fufFered, did really murder Saufa man., but himfelf was only a Spedtator of it *. Philips Refentments boiled in his Breaft at thefe Proceedings of the Englip, for tho' he did not im mediately break with them, yet he allowed his People to gather together in a tumultuous Man ner, and infult them as they were at Work in the Field, and when Complaint was made of the Dif- orders of his People, and Meffengers fent to defire him to prevent the like for the future ; he received them with Difdain, and fent them Holne with a furly Anfwer. Things continued in this uncertain Pofture till the Month of June, when fome of Phi lip's Men rifled feveral Houfes in the Plantation near Mount Hope, the Place of Philip's chief Refidence ; upon which one of the Englijh fired his Gun, and wounded an Indian. The Governor of Plimouth hearing of thefe Diforders, fent out a Party of Men for the Defence of thofe Parts, and proclaimed a Faft to be obferved throughout the whole Colony on the 24th of June ; but as the Inhabitants of Swanzy were going home from their Prayers, a Party of Indians that lay in Ambufcade, fired upon them out of the Woods, kill'd one of their Com pany, and wounded another j the frighted People immediately difpatched two Men for a Surgeon, but as they were haftening to the Town the Mef fengers were intercepted by another Party of Indians and killed i the fame Night the Indians entered the * li. They purfued them through the Woods, beat up their Quarters continually, and carried away their Wives and Children into Captivi ty, which broke their Courage, and made many of • CMathcr, if«/{VII,/.83, Phifp^s N E W-E N G LA N D. 19 Philip's own Men reproach his Conduft and defert him. There were fome fmall Parties of Indians after this that frighten'd the Inhabitants of Plimouth, Taunton, Chelmsford, Concord, Haverfield, Bradford, and Woburn, by their Excurfion.s, but did them no great Damage ; they attempted to fire the Town of Bridgwater, but the Inhabitants fallying out upon them, and a great Shower df Rain falling at the fame Time, faved that Place, The Englijh on the other Hand killed feveral of the Indians near Medfield and Plimouth, and having Notice by two Boys who had made their Efcape from them, that a Body of the Enemy were fecurely clanning together near the Upper Falls of Conne£licut- River, Cupt.Turner with 180 Men haftened thither, killed 100 of them upon the Spr>t, and puflied ag many more into the River; but the Captain paid dear for this Viftory afterwards, for in his Retreat he fell into an Ambufcade of the Enemy, and after a brave Refiftance was himfelf killed with 38 of his Men, May the 30th the Indians made an Af- fault upon the Town of Hatfield, but vvere repulfed with the Lofs of ^ Men. At Rehoboth they loft 12 more. June the 12th 700 Indians attacked the Town of Hadley, but were repulfed with confiderable Lofs. On the other Hand, a Party of the Majfa- chufet-Forces took and killed 40 Indians; the Con- »fi5/Va/- Forces in one March deftroyed 100, and in another which they made into the Narrhagcinfet- Country under the Command of the brave Major Toko, 360 more. It would tire the Reader's Patience ftiould I fet down all the Excurfions of the feveral fmall Parties of Englifh againft the Enemy, with the heroick Valour of feveral private Perfons, which yet de- ferve to be remembered and praiicd ; but 'tis ob- fervable that the Englifh Colonies did not unite their Forces this Summer, as they did laft Winter in the C 2 Ex- 20 The HIST ORY of [A. 1676." Expedition againft the Narrhaganfets, becaufe the E.- nemy had now no Forts or Caftles leff, but lived in the Woods, and ranged up and down the Countiy in frying Parties, burning and plundering fuch Yif- lages as they could furprize on a fudden, and then retiring into the Woods again ; it was in vain to follow fuch an Enemy with a numerous Army ; each Colony. ihevchre afted feparately, guarding their own Frontiers, and joining their Allies as Occafiort' re- quii'd : 'i'he Defign of the Englijh was to beat up the Enemies Quarters as often as they could, in or der to prevent their planting their Corn in the Spring, and their fifliing in the Summer, forwintof which tkey v.'ere, now reduced to very diftreffing Circumftances; for the Famine began to rage amongft them, infomuch that fome of them were almoft ftarved, and the reft were forced to feed upon unwholefome Diet, which threw them into Fevers, Fluxes, and other epidemical Diftempers; thefe Con.lderations, together with a Proclamation from the Maftachufet-Govertiment, that fuch Indians' as fhould fubmit themfelves to the Englifh within 14 Days might hope for Mercy, induced 200 of the Enemy to come to Plimouth, ^d lay down their Arms ; being abfolutely reduced to this Dilemma,' either of perifhing by Famine, or throwing them felves upon the Mercy of the Englifh ; the Govern ment accepted of. their Submifllon, and pardoned them all but three, who were convifted by one of their own Company of a cruel Murder, and a vil- lanous AflTault upon Mr. 'Clarke's Houfe of Pli mouth, Soon after this 200 of the Enemy with PhiUp, at their Head fell upon the Town of Taunton, but met with a warm Reception, their Defian having been difcovered by a Negro wha made his Efcape from them, Time enough for the Inhabitants to put' themfelves into a Pofture of Defence. July zzd,; r o-"' the' N E WE N G L AND. st the Majachufet Forces returned home, having 'taken and killed about 150 ftragling Indians with the Lofs of but one of their own Number ; for Philip knd his Followers being now diftrefled on every Side lefc the Mi^<2^My^i-Jurifdiftion, and returned to their old Quarters about Mount .Hope' in i;he jurifdiftion of Plimouth, which made that Colony the chief Srage of Aftion the r.jem'aining Part of the Summer. Piere he had like to have furprifcd Major Brad ford in'an Ambufti,'but the Major happily difen- gaged himfelf without the Lofs of one of his Men, and marched into the Territory of t\\e Seconds, the CJjeeri of ' which toiintry at the He.id of 90 of he^ Subjefts cUme tb the Major, .laid down her Arms, and fubmitte'd' to Mercy. Ci^t. Church going out with', a .Party ftf no r^ore than 18 Englfh and 22 Confedei^ite- Indians, had 'thjq'gopd Fortune to kill 76 S.'.vages in four feveral Engagements, without the Lofs of one of his Men.* Ar Dedfvim a Party of "%6 .Englifh and 10 Confederate- //zJ/iZHj purfued and took 50 of the Enemy, among whom was P().?B^i2f» "a! mighty Sachetn of the Narrhaganfets .^ who though he Was,morta,lly wounded, and left for dead^'. yet when one of ^t EngVifo Quiit Xo rifle him, ' the dying Savage, gOt Hold of the Flair of his Head, and .would have killed him if 'fome of his Friends Had' not immediately come to his Refcuel July 27th, John a Segamore, Or .Lord'of the Nipmuck- Indians writh 180 of his Men laid down bis Arm,s,' and fubmifted to Mercy, and to ingratiate himfelf . with the Englifh brought iri, Pri Toner Matoonas and' his Son,' who was tht firft 'Man that appeared in hxmi'Xn' ^'Maffach'.ifet-Chlony the laft Su'fhmer ; they fpared the Son's Life, but ordered Segamore John to fliOotthe Father dead, which he did, ' July th? 31ft a'fmall P|rty marching out of Bridgwater, *¦ riubbard, p. 100. C 3 fell 22 The H I b x^ 1 1676. fell in with a Company of Indians with Philip ac their Head, Philip commanded his Men to fire, but their Pieces being wet would not go off^, upon which they took to their Heels and ran away as faft as they could ; the EnglifhY\\\ to garrifon, the Indians could make their Excurfions into the open Country, and retire again into the Woods before it was pofllble for the Army to over take them : However, the Majfachufet Forces, after feveral fmart Skirmiflies with various Succefs, on the 6th of September * furprized about 400 Indians as they were plundering Major Walderen's Houfe so. ^ochecho, and took them all Prifoners : Thofe that were taken in Arms, which were about 200, were fold for Slaves ; the reft, upon Promife of living peaceably and quietly with the Englijh for the future, were fent home, fome few only who had been guilty of Murder being put to death. But notwithftanding this, and fome other little Advantages that they gained over the Enemy, 'tis certain the Englifh were fick of the War, and glad to embrace the firft Offers of Peace ; and accord ingly when Mugg, a chief Leader among them, but a known Villian, made fome Propofals, they agreed with him on the following Articles. * Hubbard, Part. II. p. 28. Covenants N E W-E N G LA ND. 27 Covenants and .Agreements, made and conclud ed by and between the Governor and Council of the Maflaqhufet'j Colony in New-^Eng- )and, on the one Bart ; and Mugg Indian, in the Name and on the Behalf of Madoc- kawandp and Chebartina, Sachems of Pe- nobfcot, on the other Part. I. " TTT HERE AS the faid Mugg hath VV " been fent and employed by the " faid Sachems upon a Treaty with the faid Go- " vernor and Council relating to a Concltifion of " Peace, doth hereby covenant and engage for *' himfelf, and in Behalf of the faid Sachems, that " from hericeforth they will ceafe all Afts of Hot *' tility, and hold an entire and firm Union and " Peace with all the Englifh qf the Colonies of *' New-England.II, " That immediately on the faid J/ajg's *' Return, the faid Sachems ihall deliver up to fuch *' Englifhman or Men, as Ihall by Order .of the *' faid Governor and Council be fent is^ith him, " all fuch Englijh Captives, VeflTels, and Goods *' whatfoever. Arms and great Artillery belonging *' to the Englifh, as are in their Cuftody, or under " their Power, as have been taken from them ?' during the Time of the late Hoftility. III. " That they will ufe their utmoft En- " deavour with all poffible Speed to procure pay, " wherewith to make full Satisfaftion to the Englijh, " for all fuch Injuries, Loffes and Damages, as " they have fuftained by them in tbeir JJoufing, " Catde, or other Eftate, during the Time of the " late Hoftility, or elfe topay fuch a Number of " Beaver Skins yearly in order thereunto, as ftiall " be 28 ne H I S T O R Y of (A.,i6y6, " he agreed on beitween the faid Sacljehis, and fuch " Perfon or Perfons as fhall be fent- to them- from " the faid Governor and Council for the Ratifiea- " tion hereof, to be paid at fuch Time and Place, " as fhall be then agreed upon. , . < IV. " That upon Confideration of the Englijh " furnifliing of them with Powderand Ammunition *' for their necefla'ry Supplies and Maintenance, *' they do covenant" and proinife hbt to trade for *' or buy any Powder or Ammunition, but of fuch *' Perfons as fhall from Time to Time be deputed " by the Governor for that End, - ' t ' V. " That if it appears that Walter' Cendal,' " and the Men feht! with him in the"'yeffel from " Pifcataqua, (with Goods from Mr, Try^r for the " Redemption of theCaptives, according to Agree-' " ment) or any of them Hxe futprized, and flain by " any of the'w^ Indians, or any others' whom' they *' eari bring under their Power, that they' Ihalf *' forthwith execute fuch Murderer Or Murderers',* " or otherwife deliver thern tip into'thfe^Hands'of « the Englifh. ¦ . "¦ ' '¦¦¦' -'!! -'-i'-' " VI. " That if 'the Amonofcoggln, br any ^thei-'' " Indians in the Eaftern Parts that" ai-f in Hoftility' " with the Englifh,' fh^ riot fully cohfeht to theie' " Covenants and' Agreements, but Ihall perfift 'in' " Afts of Hoftility z^&fn^ the Englifh, that then the " faid Sachems Ihall, and will hold all fuch Indians' " to be their Enemies,' and take up Arms agaihft' " thefri, and engage them as fuch, '5 Laftly, " The faid Mugg, as a Pledge and Af-' *' fu ranee of his own Fidelity,' and that he is em-' " powered by the faid Sachems for the End above- " faid, and for the Performance of the aboverhen- " tioned Agreements, doth freely and willinf^ly " dep'ofite himfelf and his Life in the Hands°of « the Englijh, to remain with them as a Hoftao-e*,' 6^' until n:e-w-e n-g land. 29 " until the faid Captives^ Gpods and Veflels fliall " be delivered up."- ' " ' ' . , Bofton, Nov. 13. 1676, Signed in the Prefence of The Mark of John Earthy, l^gg W Indian. Richard. Oliver, If aac. Adding! on. Madockowando performed his Part of the Treaty, and delivered up. his Captives, but could not per- fuade his Countrymen to fubmit: The Maffachufets therefore difpatched 200 Men, under the Comma,nd bf Major Walderen, to oblige them to it. The Major met with a Body of Indians at Penobfcot, and would have treated with thein for the Releafe of the Captives on both Sides,, but finding them trea cherous he fired upon them, and took feveral of them Prifoners, with a confiderable Booty : But after all, the Major could neither conquer the Eaftern Indians, nor obtain the Releafe of the Pri foners, but'returned to Bofton ¦with no other Lavyrel than that he loft none of his Men, Soon after this a Sort of Peace was concluded, not very honourable to the Englifh, for among other Articles that were agreed to, this was one, ^hat the EngWihJhould allow the In- dians a certain ^antity of Corn yearly, as a kind of ^it Rent for their Lands. Upon the Sigtiing of the Peace the Englijh returned to their Plantations again. Trade began to flourifli, and the Number of Inhabi tants encreas'd to fuch a degree, that within a few Years there were ten or twelve little Towns built within the Provinces of Main and New-Hampjhire. Thus within the Compafs of tvvo Years, ended the Philippick Wa(r, wherein all the Indian Nations that to^ic part in it were fubdued and brought under the Power of the Engliffs, except thofe in the North- Eaft, who not only maintained their Ground, but gained fuch Advantages as made th'.m in a Man ner 30 The HISTORY of t^„. ,676. ner Mafters of the Peacfe. And tho' the Aftions of this War are not fo important as thofe of Flanders. and Spain, which have lately raifed the Wonder of the World ; yet the Valour'of thefe Englifh Captains vn America, who died in the Bed of Honour, and faved their Country from the Mifery and Ruin that a barbarous Enemy would have brought upon it, ought to be remembred and praifed by Pofterity, There is one Thing which deferves to be taken particular Notice of, and that is. The uhfhaken Fidelity of the Indian Converts during the whole Courfe of this War, whom neither the Perfuafions nor Threatnings of their Countrymen could draw from their Allegiance to the Englifh. The Govern ment kept a watchful Eye over them at firft ; and the Mob, being incenfed againft the Indian Savages^ could hardly be reftrained from facrificing the Con verts to their Fury ; for they demanded of the Governor of Martha's Vineyard the difarming of all the Indians upon the Ifland, and in cafe of a Refufal, they threatned to oblige them to ic by Force of Arms, tho' the others were twenty to one in Number. Hereupon Mr. Mayhew ordered Capt. Richard Sarfon to march with a fmall Party to the Weft End of the Ifland, and make this Propofition to the Indian Converts, * only as an Expedient for the Quieting the Minds of the Peope; but the Anfwer they received was this: " That the " delivering up of their Arms would expofe theni " CO the Rage and Anger of their Countrymen " engaged in the prefent War, who were no lefs " theirs than the Enemies of the Englifh : That they " had never given the leaft Occafion for the Dif- *' truft the People had entertained ; but that if " in any thing, confiftent with their own Safety, " they could give any further Proofs of their Fi- " delity, they would readily comply with what" * C. Mather, Book VI. p, sj. " fhould NEW-ENGLAND. 31 *' (hould be demanded, but they were unwilling »* tO' deliver up their Arms, unlefs the EngUfh could *' propofe fome other Way for their Safety and " Livelihood." With this Anfwer they delivered the "Captain a Writing in their own Language, wherein they declare, " That as they had already " fubmitted to the Crown of England, fo they " were , determined to afllft the Englifh on thefe *' Iflands^gainft their Enemies, whom they efteemed *' equally their own, as being Subjefts of the fame *' King," The Governor»was fo well latisfied with this Anfwer, that he gave them no further Trouble ; but inftead of difarming them, fupplied them with all Sorts of Ammunition, and committed the De fence of the Ifland to their Care ; and fo faithful were they to their Truft, that all Perfons that land ed upon the Ifland during the Courfe of the War were, without Diftinftion, brought before the Go vernor to be examined. On the 5th of April this Year died John Win throp, jun. Efq; Governor of the United Colonies of Connecticut and Newhaven, and Fellow of the Royal Society : He was Son of John Winthrop, Efcj ; firft Governor of the Maffachujets, and was born at Groton in Suffolk, 1605. He was educated at Cam bridge, and came over with his Father to New- England, 163 1, where he was immediately chofen into, the Magiftracy. He returned into England in the Year 1634, and came over again the Year fol lowing with Powers from the Lord Say and Brook to begin a Plantation on ConneSiicut River, and a Commifllon for himfelf to be Governor of it. Here he built Say-Brook Fort, the beft Security againft the Incurfions of the Ifidians that the Eng liih in thole Parts were ever Mafters of. Upon the Rjcftoration of King Charles the Second he under took a Voyage to England, and obtained a Charter for the two Colonies of Connecticut and Newhaven, I whereby 32 The HISTORY of [An. 1676. whereby they were inyefted vvith greater Privileges* than any of their Neighbours. The United Colo-..^ nies for this extraordinary Piece of Service chofe him their Governor every Year after as long as he lived. ^ When the Government was diftreflTcd by the War ^ with Philip, and the Affairs of the Country required . the Advice of tl^e moft experienced Counfellors, Mr. Winthrop travelled to Bofton, to alTift^as a Com- riiifljoner of the general Court, where he was feized. with a Fever, and died in the 72d Year of his Age*, He was a fine Gentleman : A good Natural Philo-. fopher and Phyfician . His Clolec was always fur- nifhed with the beft Medicines, which he charitably diftributed to fuch of his poor Neighbours as had,, need of them. On the i6th of March died Mr. John Leverett, Governor of the Maffachufet Colony, He had been . a Soldier, and fignalized himfelf in ftverzX confide-. rable Aftions abroad in his younger Years, but of, late had applied himfelf wholly to the Art of Go vernment ; and was fo well beloved by the Colony, that his Eleftion as Governor was never conteftedj from the Death of Mr, Bellingham to his own. He died of the Stone in an advanced Age; and was. fucceeded by Simon Bradftreet, Efq-, in whofe Time iheir Charter was taken from them. While the New- England Forces were in the Field, Days of Fafting and Prayer had been fre quently obferved by the Churches, for the Succefs, of their Arms ; but when the War was over, thefe Solemnities were difcontinued, and the People. began to grow intolerably licentious in their Morals:, Devout People obferved, that tho' they were deli vered from the Hands of their Enemies, yet the Judgments of God feemed to folJo-«v them ; for the Fruits of the Earth were blafted two or 'three Years fucceflively, infomuch that the Labour of the! Hufbandman began to fail, Epidemical Difcafes carried* . ¦ . 'off NEW- ENGLAND. 33 off great Numbers of People, and the Trade Commiflloners. Secondly, That they were invaded in their Fifhery at Saco-Rwer, by certain Gentlemen who ftopt the Filh from coming up the River with their Nets and Sains. This they were greatly affronted at, laying, they thought tho' the EngUfh had got away their Lands, yet the Fiftiery of the Rivers would have been lefc open to them. • Mather, BeokWll. p,6i. E 3 thirdly^ 54 The HIST ORY of ij„. ,6ss. Thirdly, That they were abufed by the Englijh,: in fuffering, if not turning their Cattle over to a certain Ifland to deftroy their Corn. Fourthly, That the Governour had granted or pa- tenteed out their Lands to fome Englifh, at whieh they were fo enraged, that they threatened to knock the Surveyor on the Head, if he came to lay out Lands there any rnore. To thefe vi^ere added the common Abufes in Trading, of Drunkcnnefs, Cheating, ^c. which thofe that trade much with them are feldom inno cent of The French complained. That the £»^/^ having unjuftly feized a Parcel of Wines landed at a French Plantation to the Eaft ward, an Order was obtained from the King of England, by the Inftances. of the ir^Kf^ Ambaffador, for the reftoring them ; where upon the Englifh, by way of Revenge, ran a new Line for the Bounds of the Province, whieh in clofed Monfieur St. Cafteen's Plantation within the Englifi Pale. Monfieur St. Cafteen leaving his Hoyfe upon this Occafion, the Englifh feized upon hisAtms and Goods, and brought them away to Pemmaquid : He, to do himfelf Juftice, perfuaded the Indians; to ftand upon their Guard, and not fuffer fuch En croachments upon their Country, and having married one of their Segamore's Daughters, eafily prevailed with them to begin Afts of Hoftility againft the Englijh, prom ifing them, all the Affiftance that the French at Canada could give them, T us. Englifh, in anfwer to thefe Allegations of the French and Indians, complained of the infulting Behaviour of the Indians upon the Frontiers ; who, if they had received any Injuries, ought firft, (fay they) to have demanded Satisfaftion from the Go vernment in a legal Way, before they proceeded to do themfelves Juftice by an open War. The N E W-E N G LA N D., sS The firft Afts of Hoftility began upon this Oc cafion : A Party of Indians came to North Tarmouth, and having killed fome Cattle, threatned, with the Affiftance of the French, to murder the Pedple too ;' upon which Capt. Blackman, a Juftice of Peace, with fome of the Neighbourhood of Saco, ventured to feize 1 8 or 20 of the Ringleaders, and fent them under a ftrong Guard to Falmouth in Cafco Bay, to be kept in Cuftody till he fhould receive Oider.s from Bofton concerning them. The Indians here upon made Reprizals, and took feveral of che Eng lifh Prifoners, among whom was Capt. Rowden, and Capt. Gendal ; Rowden never got out of their Hands, but Gendal and his Party were releafed upon the Return of Blackman's Prifoners. An Exprefs was immediately fent away to Sir Edmond Androfs ac NewTork, Co give him an Account of thefe Things ; and in the mean Time the Gentlemen of Bofton ordered fome Soldiers to march towards Falmouth for the Security of the Country, and fent the Wor- fhipful Mr. Stoughton^ with fome others, to en deavour to bring the InH'ans to a Treaty, and re cover the Captives. The Indians feemed inclinable to an Accommodation at firft, and promifed to meet the Englifh at a Plaee called Macquait ; but having advifed with the French in the mean time, they did not appear ; but a few Days after fell up on the Town of North Tarmouth^ and kiiied feveral of the Inhabitants. This was the firft Blood that was drawn in this Quarrel. The /ff^/a;^ Prifoners were now fent up to Bofton, and the Inhabitants of the Frontier Plantations order. d 10 fecure themfelves iir the Garrifons, till they fhould reeeive further Orders froiB Sir E^wnd Androfs. But when Sir Edrnend returned to Bofton, he difapproved of Capt, Blaskpm^s Conduft, and ordered ail the Prifoners to be fet at Liberty, and; their Arms to be reftored, without infifting upon the D.;livery of the Engliih E 4 Captives, 56 r/&^ H I S T O R Y e/" l^n. i683. Captives, only he publiflied a Proclamation requi ring the Indians to furrender up thofe Perfons to Juftice who had murdered the King's Subjefts at Tarmouth ; which they took no manner of Notice of The Differences were too great to be amicably com- pofed, and both Sides prepared for War. In the Month of September Capt, Gendal was ordered with a Party of Men to garrifon Tarmouth, and palifadoe both Sides of the River for the Dc. fence of the Town ; but while his Men were at worlc, an Englifh Captive, who had run away from his Mafter, informed them. That 70 or 80 of the Enemy were juft ready to fall upon them. The Soldiers, inftead of ftanding to their Arms, croffed the River in their Boats, .whereby they run into the Mouth of the Enemy, and were taken Prifoners to the Number of 12, The Indians with their Pri foners marched on towards Cafco ; the Inhabitants of which Town refolved not only to ftand on their Defence, but to refcue their Friends out of the Hands of the Enemy. . Accordingly they croffed the River in a Body, and releafed all their Friends except one or two, without coming to Blows: "Qutone of the Indians holding his Prifoner fafterthan the reft, Benedict Pulcifer, an Inhabitant of Cafco, ftruck him on the Shoulder with the Edge of his broad Ax, upon which enfued a warm Engagement, feveral being killed on both Sides : At laft the Lidians retired, and the Englifh returned back into the Town ; but Capt. Gendal venturing over the River again the fame Evening in a Canoe with only one Servant, fell into an Ambufcade, wherein both of them were flain. Some Time aftar this the In dians marched Eaft ward, and falling upon the Engr lifh at the Place called Jlferry-Meeting, from the Concourfe of feveral Rivers, they plundered their Houfes, and killed all they could lay their Hands upon. About the fame Time they l^id the- Town of N E W-E N G LAND. 57 of Sbeepfcote in Aflies, but the People faved them felves by retiring into the Fort : From whence they went to Kennebunk near Winter Harbour, where they murdered Mr. Burroughs's and Mr. Bujfys Fa milies, and then retired. Sir Edmond Androfs, in order to put a Stop to thefe Excurfions of the Enemy, raifed an Army of near 1000 Men, and marched himfelf to the Fron tiers at the Head of them in the very Depth of Winter, but the Indians were then retired into the Woods, not one of them appearing while the Army was in thofe Parts. The Governor's Conduft was very much cenfured for marching into the Field at this Time of the Year, and expofing his Men to the Hardftiips of a Winter Campaign, without the leaft Profpeft of fighting the Enemy : However he builc two Forts, one at Sbeepfcote, and another at Pechypfcote Falls, where he put part of his Army into Winter Quarters, and marched back with the reft to Bofion. The Englifh Court had now changed their Mea fures with regard to the Diffenters from the Efta- bliflied Church ; the King had publiflied a Declara tion for Liberty of Confcjence to all his Subjefts, he had difpenfed with the penal Laws and Teft, ,and admitted Perfons of all Perfuafions in Religion to Places of Profit and Truft, chac by this Means he might the raore eafily introduce Popery and Ar bitrary Power ; for tho' there might be three or four Proteftant Diflenters in Favour with the King, yet it is manifeft that both the Court and Army were filled with Roman Catholick Ofiicers, who were to be " the Tools to cnflave a free People ; and how near they were to the accomplifliing their Defigns, our Englifh Hiftorians have informed us at large. In this Situation of Affairs Sir William Phips ap peared at Court, and ufed all his Intereft for the Service of his (^puntry ; He petitioned for the re ftoring 58 TheHlST ORY of Un. 1688. ftoring their Charter ; but the King; replied. Any thing. Sir William, but that. He then procured a Patent, conftitudng him High-Sheriff of New-Eng land, hoping by chis Means to be capable of fup- plying his Country with honeft Juries, Furniflied with this Commiffion, he went in Company with Sir John J^arborough, to make a fecond Vifit to the Wreck, and in his Return landed at Bofton about Midfummer, 16S8, But Sir William's Patent was of very little ufe to him ; for the Governor and his Creatures were fo enraged againft him for it, that they attempted to affaffinate him before his own Door, which made him take the firft Opportunity of returning to England. The Government of Sir Edmund Androfs was in deed become infupporlable ; He not only copied after his Mafter King James, but out-went him ; for to all the Miferies that England groaned und6r, this was -fuperadded in New-England, The Lofs of their Freeholds. The Gentlemen of the Country made the beft Stand for their Liberties they could, oppofing the arbitrary Proceedings of the Governor and his Council, by Petitions and Remonftrances, but ho Redrefs being to be expefted at home, and Things growing every Day worfe and worfe, Mr. Increafe Mather, Reftor of the College, purely out of Compaffion to his diftreffed Countfy, refolved on a Voyage to England, which the Gentlemen in Power endeavoured to prevent, fufpefting he was encouraged to this Undertaking, by fome difaffeftr ed Perfons, and might, do them a real Prejudice at Court ; it was given out that he went over about his own private Affairs ; but when he came to Whitehall, he prefenced a Petition to the King pray ing. That the Right they had to their Freeholds might he confirmed ; and that no Laws might be made, or Monies raiftd, without an Affanbly. The King vt- ferred them to the Committee for Foreign Planta tions, N E W-E N G LA N D. 50 tions, but abfohtely refufed to cqnfent to the laft- Article of vaifmg Money by an Affembly, nor durft the Committee fo much as propofe it to him. Things went on after this Manner till the News of the Prince of Orange's Exped'rtion into England reached Boft.on, which fpread an univerfal Joy throughout the whole Country. The Gove-rnor took all imaginable Care to conceal the Succefs of it from the People; he iniprifoned the, Man that brought over a Copy of the Priitce's Declaration, and pub liflied a Proclamation requiring all Perfons to, ufe their beft Endeavours to hinder the Landing of any whom the Prince might fend thither : Btit the Hearts of the People were turned againft him, his Army deferted him, and his Counfellors began to think of fhifting for themfelves ; Rumours were fpread about Town of an intended Maffacre, and feveral murdering Engines were faid to be in the Rofe Frigate, one of the King's Siiips then in che Hg.rbour, The People hereupon, both in To-wr» and CounCry, gathered together in Clabs, and re folved- to ftand by one another with their Lives and Fortunes ; the wifer and more confiderace Gentle men were for letting Things go on in the prefent Courfe, till they fliould receive Orders from England how to behave themfelves, but the common People, and feveral Gentlejnen who. were animated wich a Zeal for the Recovery of their ancient Libercies, refolved to follow the Example of England, and puc an End to* the arbitrary Government they had fo long groaned under:" Accordingly on the i8th of April, 1689, about 8 a-Clock in the Morning a Report was raifed at the South End of the Town of Bofton, th^t at the North E.nd the People were all in Arms, and the like Report was at the North End, with refpeft to the South ; whereupon, .Capt, George was immediately feized, and about 9a-Ciock the Dryms beat through the Town, and an Enfign was 6o The HIST ORY of [a„. j6Sg: was fet up upon the Beacon ; then Mr, Bradftreet, Mr, Drantfort, Major Richards, Dr. Cook, and Mr. Addington, were condufted to the Council- Houfe, by a Company of Soldiers under the Com mand of Capt, Hill : In the mean while the People feized upon Juftice Bullivant, Juftice Foxcroft, Mr, Randolf, Sheriff Sherlock, Capt, Ravenfcroft, Capt. White, Farewell, Broadvent, Crafford, Larkin, Smith, and feveral others, and put them into Goal ; they likewife turned "out Mercy the Goal-Keeper, and put Scates the Brick-layer into his Place. About Noon the following Meffage was fent by Mr, Oliver and Mr, Ayers to Sir Edmund Androfs, who kepc himfelf fhut up in the Fort. At theTown-Houfe in Bofton, April i8, 1689. SIR, «' /^ U R S E L V E S and many Others the In- \J " habitants of this Town, and the Places *' adjacent, being furprized wich che People's fud- *' den taking of Arms ; in rhe firft Mocion whereof *' we were wholly ignorant, being driven by the pre- " fent Accident, are neceflicaced co acquaint your Ex-' *' cellency, that for the quieting and fecurirtg- of " the People inhabiting in this Country from the " imminent Dangers they many ways lie open and " expofed to, and tendring your Own Safety, we " judge it neceffary that you forthwith furrender *' and deliver up the Government and Fortifications, " to be preferved and difpofed according to Order *' and Direftion from the Crown of England, which *' fuddenly is expefted may arrive ;¦ prom ifing all " Security from Violence to yourfelf, or ' any of *' your Gentlemen or Soldiers in Perfon and Eftate : " Otherwife we are affured they will endeavour the taking N E W-E N G L A N D. 6i •' taking of the Fortification by Storm, if any " Oppofition be made. To Sir Edmund Andross, Knt. Waite Winthrop, Eliflia Cook, Simon Bradftreet, , Ifaac Addington, William Stoughton, John Nelfon, Samuel Shrimpton,- Adam Winthrop, Bartholomew Gidney, Peter Sergeant, William Brown, John Fofter, Thomas Danforth, David Waterhoufe. John Richards, Sis. Edmund di\d not think fit to obey theGentle- mens Summons at firft, but fent to the Frigat for Fire-Arms, Hand-Grenadoes and Match ; but the Boat that was bringing them was feized by the Soldiers in the Town, after which Mr. John N^fon at the Head of the Soldiers demanding the Fort a fecond Time, the Governor came down, and fur rendred himfelf and the Fort into their Hands. He was firft condufted to the Council-Houfe, and after wards 'confined with Lieutenant Colonel Ledget in the Fort till he was fent home to England, where inftead of fuffering for the many Irregularities of his Government, he made a Shift tp juftify his Con duft to the mild and gentle Adminiftration of King WilUam and Queen Mary, fo far as to be incrufted wich the Government of Virginia in the Year 1692. Mr. Fairweather, Mr. Weft, Mr. Graham, Mr. Palmer, and Capt, Tryfoye were imprifoned in the Caftle ; Mr. Dudley was then out upon che Circuit, but was feized at Major SmitFs at Narrhaganfet, and brought Prifoner to Bofton. The whole Town of Bofton was now in Arms, and the Country came in ib faft, that there were twenty Companies of Soldiers in the Town, befides I above 62 The BIST ORY of ^An, ,689, above a Thoufand at Charles-Town, that could not get over the Ferry : To this vaft Concourfe of Peo ple the Gentlemen in the Councif Chamber, who^ were at the Head of the Revolution, ordered the following Declaration to be read out of the Gallery. The DECLARATION of the Gen- tlemen. Merchants, and Inhabitants of 'BoQ.O'a, andthe Country adjacent, April 18, 1689. " ^' WT^ htive feen more than a Decad of V V " Years rolled away, fince the Englifh " World had the Difcovery of an horid Popifli " Plot ; wherein the bloody Devotees of Rome had " in their Defign and Profpeft no lefs than the " Extinftion of the Proteftant Religion ; which *' mighty Wo.rk they called, theutter fuhduing of a *' peftilent Herefy ; wherein (they faid) there never *' were fuch Hopes of Succefs fince the Death of *' Qiieen Mary, as now in our Days ; And v/e were " of all Men the moft- infenfibie, if we fhould ap" " prehend a Country fo remarkable for the true *' Prpfeflion and pure Exercife of the Proteftant *' Religion as New-England is, wholly unconcerned " in the infamous Plot. To crufli and break a ¦" Country fo entirely and fignally made up of Re- " formed Churches, and at length to involve it in " the Miferies of an utter Extirpation, muft needs " carry even a Supererogation of Merit with it " among fuch as were intoxicated with a Bigotry " infpired into them by the great Scarlet Whore, " II. To get us within the Reach of the Defo- ?' lation defired for us, ic was no improper Thing *' that we fliould firft have our Charter vacated^ " and the Hedge which kept us from the wild " Beafts of the Field effeftually broken down, " The Accomplifhmenc of chis was haftned by the " unwearied Solicitations, and flanderous Accufa- "• tions N E W-E N G LA N D. 63 *' tions of a Man, for his Malice and Falfhood well " I'Oiown unto - us all. Our Charter was wich a " moft injurious Pretence (and fcarce that) of Law, " condemned before it was pofllble for us to ap- " pear at Weftminfter in the legal Defence of it j " and without a fair Leave to anfwer for ourfelves, " concerning the Crimes falfly laid to our Charge, " we were put under a Prefident and Council, " without any Liberty for an Affembly, which the *' other American Plantations have, by a Commiffion " from his Majefty. - " III,. The Commiflion was as illegal for the " Form pf it, as the Way of obtaining it was " malicious and unreafonable : Yet we made no *' Refiftance thereunto as we could eafily have " done ; but chofe to give all Mankind a Demon- " ftration of our being a People fufficientiy dutiful *' and loyal to our King : And this wich yet more " Sacisfaftion, becaufe we tpok Pains to make our " felves believe as much as ever we could of the *' Wheedle then offered unto us ; that his Majefty's *' Defire was no other than the happy Encreafe and " Advance of thefe Provinces by their more im- " hiediate Dependance on the Crown of England. " And we were convinced of it by the Courfes im- " mediately taken -to damp and fpoil our Trade; " whereof Decays and Complaints prefently filled " all the Country ; while in the mean Time " neicher the Honour nor the Treafure of the " King was at all advanced by this new Model of " our Affairs, but a confiderable Charge added *' unto the Crown, *' IV. In little more than half a Year we faw *' this Commiflion fuperfeded by another yet more *' abfolute and arbitrary, with which Sir Edmund " Androfs arrived as our Governor : Who befides *' his Power, with the Advice and Confent of his *' Council, to make Laws and raife Taxes as he " pleafed, had alfo Authority by himfelf to mufterand " employ ^4 The HIST ORY of [a.. .6^^- " employ all Perfons refiding in the Territory aS " Occafion fliall ferve ; and to transfer fuch Forces " to any Englijh Plantation in America, as Occa-' " fion fliall require. And feveral Companies of " Soldiers were now brought from Europe to fup- " port what was to be impofed upon us, not with-' " out repeated Menaces, thai: fome Hundreds *' more were intended for us. " V. The Government was no fooner in thefe •' Hands, but Care was taken to load Preferments «' principally upon fuch Men as were Strangers to^ " and Haters of the People : And every one's Ob- " fervation hath noted, what Qualifications recom- " mended a Man to publick Offices and Employ^ •' ments, only here and tbere a good. Man was " ufed, where others could not eafily be had ; the *' Governor himfelf, with Affertions now and " then falling from him, made us jealous that it " would be thought for his Majefty's Intereft, if " this People were removed, and another fucceeded " in their Room : And his far-fetched Inftrumencs •i' that were growing rich among us, would gravely " inform us, that it was nor for his Majefty's In- '* tereft that we fhould thrive. But of all our Op- *' preffors we were chiefiy fqueez'd by a Crew of " abjeft Perfons, fetched from New-Tork, to be *' the Tools of the Adverfary, ftanding at our ' *' Right-Hand ; by thefe were extraordinary and *' intolerable Fees extorted from every one upon " all Occafions, without any Rules but thofe of *' their infatiable Avarice and Beggary ; and even *' the Probate of a Will muft now coft as many ^' Pounds perhaps as it did ShiUings heretofore ;• " nor could a fmall Volume contain the other Ille- " galities done by thefe Horfe-Leeches in the two " or three Years that they have been fucking of '" us ; and what Laws they made, it was as im- *' poffible for us to know, as dangerous for us to break * 5 N E W-E N G L A N D. 65 " break*; but we fliall leave the Men of Ipfwich " and of Plimouth (among ochers^ to cefl che Scory " of che Kindnefs which has been fliew'n them " upon chis Accounc. Doubclefs a Land fo ruled " as once New-Engiand was, ^has not withouc many " Fears and Sighs beheld che Wicked walking on " every Side, and che vileft Men exalted. " VI. It was now plainly affirmed, both by fome " in open Council, and by the fame in private " Converfe, that the People in New - England ff! ere *' all Slaves, and the only Difference between them " and Slaves is their not being bought and fold ; " and it was a Maxim delivered in open' Court to " us by one of the Council, That we mufi not think tBe -" Privileges o/Englifli Men would follow- us to the End " of the'World: Accordingly we have'been treated " with niultiplied Contradiftions to Magna Charta, *' the, Rights of which we laid Claim unco, Per- *' fons who did but peaceably objeft againft the " raifing of Taxes without an Aflembly, have " been for it fined, fome twenty, fome thirty, and " others fifty Pounds. Pack'd and pick'd Juries have " been very common Things among us, when, un- " der a pretended Form of Law, the Trouble of '' fome honeft and worthy Men has been aimed at : '' But when fome of this Gang have been brought '' upon the Stage for che moft deteftable Enormi- *' ties that ever the Sun beheld, all Men have with " Admiration feen what Methods have been taken " that they might not be treated according to their '' Crimes. Withouc a Verdift, yea without a Jury " fometimes have' People been fined' moft unrigh- " teoufly ; and fome not of the meaneft Quality " have been kept in long and clofe Imprifonmenr, *'¦ without any the- leaft Information appeariiig " againft them, or an Habeas Corpus allowed unto * He 'would-ne'itljer fuffer them to he printed, nor fairly puhlijhed. ^ Vol. II. F ", them. 66 The HIST ORY of [A. ,689 " them. In fliort, when our Oppreffors have been " a little out of Money, 'twas buc pretending fome " Offence to be enquired into, and the moft in- " noccnt of Men were continuaUy put unto no " fmall Expence to anfwer the Demands of the Of- " ficers, who muft have Money of them, or a " Prifon for them, though none Could aceufe them " of any Mifdemeanor. " VII. To plunge the poor People every where " into deeper Incapacities, there was one very cora- " prehenfive Abufe given to us ; Multitudes of " pious and fober Men through the Land fcrupled " the Mode of Swearing on the Book, defiring, " that they might fwear with an uplifted Hand, " agreeable to the ancient Cuftom of the Colony ; " and tho' we think we can prove, that the Com' " mon Law amongft us (as well as in fome other " Places under the Englifh Crown) not only in- " dulges, but even commands and enjoins the Rite " of lifting the Hand in Swearing ; yet they that " had this Doubt wereftill put by from ferving up- " on any Juries ; and many of them were moft " unaccountably fined and imprifoned. Thus one " Grievance is a Trojan Horfe, in the Belly of " which it is not eafy to recount how many infuf- " ferable Vexations have been contained. " VIII. Becaufe thefe Things could not rpake " us miferable faft enough, there was a notable " Difcovery. made of we know not what Flaw in all " our Titles to our Lands ; and tho' befides our Pur- " chafe of them from the Natives, and befides our " aftual peaceable unqueftioned Poffefllon pf them " for- near threefcore Years, and befides the Pro- " mife of King Charles II. in his Proclamation fent " over to u? in the Year 1683, Thai no Man here "ftjall receive any Prejudice in his Freeholder Eftate; " we had the Grant of our Lands under the Seal of " the Council of Plimouth, which Grant was renewr «« ed NEW-ENGLAND. 67 '* ed and confirm.ed unto us by King Charles I. un- " der the Great Seal of England ; and the General " Court, which confifted of the Patentees and their " Affociates, had made particular Grants hereof " to the feveral Towns (tho' 'twas now deny'd by " the Governor, that there was any fuch Thing as " a, Town) among us ; to all which Grants the Ge- " neral Court annexed, for the further fecuring of " them, a General ACi, pubhflied under the Seal " of the Colony, in the Year 1684. Yet we were " every Day told, That no Man was Owner of a *' Foot of Land in all the Colony. Accordingly, " Writs of Intrufion began every where to be ferveci " on People, that after all tiieir Sweat and their " Coft ¦ upon their formerly purchafed Lands, " thought themfelves Freeholders of what they had. " And the Governor caufed the Lands pertaining *' to thefe and thofe particular Men, to be meafured " out for his Creatures to take Poffefllon of ; and *' the right Owners, for pulling up the Stakes, " have pafled, through Moleftations enough to tire *' all the Patience in the World. They are more *' than a few, that were by Terrors driven to take " Patents for their Lands at excefllve Rates, to " fave them from the next that might petition for " them : And we fear, that the forcing of the " People at the Eaftward hereunto, gave too much " Rife to the late unhappy' Invafion made by the *' Indians on them. Blank Patents were got ready " for the reft of us, to be fold at a Price, that all " the Money and Moveables in the Territory ".could fcarce have paid. And feveral Towns in "¦ the Country had tkiexr Coramons begg'd byPer- " fons (even by fome of the Council themfelves) " who have been encouraged thereuntp, by thofe *' that fought for Occafions to impoveriOi a Land *' already .^ffW, meted out, and trodden down. Ft " IX. All 68 The HIST ORY of ia.. .689. " IX. All the Council were not engaged in thefe " ill Aftions, but thofe of them which were true " Lovers of their Country were feldom admitted to, " and feldomer confdlted at the Debates which " produced thefe unfehteous Things : Care was " taken to keep the|n under Difadvantages ; and " the Governor, with five or fix more, did what " they would. We bore aU thefe, and many more " fuch Things, without making any Attempt for " any Relief;' only Mr. Mather, purely out of " Refpeft unto his afflifted Country, undertook a " Voyage into England; which, when thefe Men " fufpedled him to be preparing for, they ufed all " Manner of Craft and Rage, notbnly to interrupt " his Voyage, but to ruin his Perfbn too. God " having through many Difficulties given him to " arrive at White-Hall, the King, moi|e than once '>'¦ or twice, promifed him a certain Mp,gna Charta " for a fpeedy Redrefs of many Things which we *' were groaning under: And in the mean Time " faid, That our Governor fhould be writ unto, to " forhear the Meafures that he was upon. However, " after this, we were injured in thofe very Things " which were complained of; and befides wliat " Wrong hath been done in our Civil Concerns, ?' we fuppofe.the Minifters, and the Churches every^ " vvhere have feen our Sacred Concerns apace going "•after them: How they have been difcounte- " nanced, has had a Room in the Refleftions of " every Man, that is not a Stranger in our Ifrael. '" X. And yet that our Calamity might not be " terminated- here, we are again briared in the " Perplexities of another Indian War ; how, or " why, is' a Myftery too deep for us to unfold. " And though 'tis judged that our Indian Enemies " are not above an Hundred in Number, yet an " Army of a Thoufand Englifh hath been raifed " for the conquering of them ; which Army^of our ' " poor N E W^E N G LA N D. 69 *' poor Ff-iends and Brethren now under Popifh Com- " manders (for in the Army as well as in the " Council, Papifts are in Commiffion) has been under " fuch a Conduft that not an Indian hath been " killed, buc rnore Englifa are fuppofed to have " died through Sicknels and Hardfhip, than we " have Adverfaries there alive ; and the whole " War .hath been fo managed, that we cannot but ''' fufpeft in it a Branch of the Plot to bring us low ; " which we leave to be further enquired into, in " due Time. " XI. We did nothing againft thefe Proceedings, " but. only cry to our God; they' have caufed the " Cry of the Poor to come unto him, and he hears the " Cry of the AjffliCied. We have been quiet hitherto, '' and fo ilill we fhould have been, had not the " Great God at this Time laid us under a double 'f Engagement to do fornething for our Security : " Befides what we have in. the ftrangely unanimous '' Inclination which our Countrymen, by extreameft " Neceffities are driven unto. For Firft, we are " informed,, that the reft of the Englifh America is " alarmed with juft and great Fears, that they may " be attacked by the French, who have lately ('tis " faid) already treated ; many of the Englifh with " Worfe than Turkijh Cruelties ; and while we are *' in equal Danger of being furprized by them, it " is high time we fhould be better guarded, than " we are like to be while ¦ the Government remains " in, the Hands .t)y which it had been held of late. " Moreover we have underftood (though the Go- " Vernor has taken all imaginable Care to k^ep us ", all ignorant thereof) that the Almighty God hath " been pleafed to profper the noble Undertaking of " the Prince of Orange, to preferve the three *' Kingdoms from the horrible Brinks of Popery " and Slavery, and to bring to a condign Punifli- *' ment thofe worft of Men, by whom Englijh Li- F 2 " berties 7© The HIST ORY of ^An. 1689. " berries have been deftroyed ; in compliance with "^ which glorious Aftion, we ought furely to follow " the Patterns which the Nobility, Gentry and "Commonalty in feveral Pans of thofe Kingdoms " have fet before us, though they therein chiefiy " propofcd to prevent what we already endure. " XII. We do therefore feize upon the Perfons " of thofe few ill Men which have been (next to " our Sins) the grand Authors of our Miferies ; " refolving to fecure them, for what Juftice, Or- " ders from his Highnefs, Vith the Englifh Par- " liament fhall dircft, left, 'ere we are aware, we " find (what we may fear, being on all Sides in " Danger) ourfelves to be by them given away to " a Foreign Power, before fuch Orders can reach " unto us ; for which Orders we now humbly wait. *' In the mean time firmly beHeving, that we have " endeavoured nothing but what mere Duty tp " God and our Country calls for at our Hinds : " We commit our Enterprize unto the Blefling of *' Him, who hears the Cry of the Oppreffed, and " advife all our Neighbours, for whom we have " thus ventured ourfelves, to join with us in^ " Prayers and all juft Aftions for rhe Defence of " the Land." The Government being thus diffolved, the Gen tlemen in the Council-Chamber agreed to call a General Affembly to meet as foon as poffible, and in the mean time took tlie Government into their own Hands, under the Charafter of A Committee of Safety.- The Affembly met towards the latter End of May, and after many Debates what Form of Government to fet up, chey refolved at length to refume their Charter, as appears by the following Declaration, pubhflied at .5^(?«, M«jy 24, 1689, At N EWE N G LA N D. 71 At a Convention of the Reprefentatives of the feveral Towns and Villages of the Maffachufet Cfflony in New-England. *' T T 7"E the Reprefentatives of the feveral Towns VV " ^"d Villages of the Maffachufets Co- " lony in New-England; convened at Bofton, May " 22,. 1689, having fully and deliberately examined *' the Minds and Inftruftions of the feyeral Towns " belonging to the faid Colony, do find it to be the " general Confent and Concurrence of our feveral " Towns to reaffume the Government according to *' Charter-Rights : Having alfo weighed and con- *' fidered the Propoficions prefenced and- tcndred " to us by our honourable Governor, Deputy Go- " vernor and Affiftants, chofen and fworn Anno " 1686, do therefore, with refpeft to the Direftions *' by our feveral Towns, and in Profecution of our ?¦' former Declaration prefented, declare our Minds *' and Refolutions for the Settlement of Civil Go- " vernment amongft us, according to' the Charter- " Direftions : Having ferioufly weighed the pre- " fent Circumftances and fliattefed Condition this " Colony is in. " And being tenderly fenfible of the afflifting " Hand of God which is at prefent upon us in re- " gard of our Unfettlement and Want of that " Civil Jurifdiftion that in former Days we have " rejoyced in ; and knowing/ alfo the earneft De-^ " fires and Expeftations of the feveral Places we " belong unto, to receive a comfortable Anfwer and " Return in order to their Reinftating and Setde- " ment under their fprmer Patent- Rights, that fo *' they might enjoy Tranquillity, as in^rmer Days " and pfeafant Years that aVe paft. This Colony " having likewife folemnly addreffed themfelves to F 4 " Almighty 72 - The HISTORY of \_An. 16S9. *' Almighty God by Fafting and Prayer, for Par- ", don of our manifold Wildernefs-Provocations, " and reftoring to us our pleafant Things ; and for " Direftion in this prefent Junfture to fuch.Me- " thods and Ways of Settlement of Civil Rule,- as " may moft conduce to his Glory, and the Peace,' " Safety and Profperity of this our poor diftreffed " Land : And taking fignal Notice of a gracious " Anfwer to our Prayers, in the unanimous Agree- " ment of our feveral Towns and Villages^ con- " curring in their Apprehenfions and Defires of " the Reviving of our Charter-Righcs and. Pri- *' vileges, and chat we do again fettle upon that *' firm Foundation chac we have already built upon, " and have fignally obferved the Prefence^of God " attending the fame. " We do therefore fp far prize our former Li- " berties and Enjoyments both. Civil and Sa&red,' " as to refolve (by the Help of God) to venture " our Lives and Eftates fpr the Reviving -.and " Maintaining of them, knowing and believing " fuch. a Way of Settlement comfortable to,' and . *' fafe for ourfelves, and correfpondenc Co che noble *' Undercaking of his Royal Highnefs the, Prince " of Orange, in the late Setclemenc of Affairs in " the ren-owned Englifh Nation, ^c. whofe ancient " Litxsrties and Rights in their feveral Cities and '^ Corporations, he hath invefted them withal; and' *.' (we doubt not) will encourage and commend us " (in the midft of our OppreffionJ for imitating *' fo Noble and Prince-like a Pattern, in ufing all *' due Means for the Recovery of what was fo un- " juftly and unr^eafonably rent out of our Hands. *' The Reafons inducing us to thefe our Re- " folutions premifed, are, (i.) " THAT it is an. Undertaking allowed and •' countenanced by his Royal Highnefs our renowned *' Prince, that we be ninfiated in our Patent-Pri- *' vileges-^ N E W-E N G LA N D. 73 *' vileges, and be found in fuch a Method' of Cover n- " ment, -according, to our antient Charter-Rights, *' which he hath given Patterns of, and DireCtiom " to,„ in the Realm of F%9. fons, and took fifty Prifoners, The neighbouring Garrifons being alarmed with this, rallied their Forces, and purfued the Enemy with 140 Men ; but after fome fthall Skirmiflies, wherein the Lofs was pretty equal on both Sides, they were forced to return. Hard was the Fate of thofe poor Wretches chat fell inco the Hands of thefe barbarous Savages; as the Reader will fee by che following Relations taken from the Mouths of fome * who were after wards redeemed out of Captivity. Among the Prifoners taken at Salmon Falls was one Robert Rogers, a corpulenc Man, who being tired with travelling under an infupportable Burthen which the Indians laid upon his Back, watched his Oppor tunity, and run away : As foon as he was miffing, his Mafters went in purfuit of him, and tracking him by the Snow, found him hid in a hollow Tree. When they had pulled him down they ftript him and beat him, and then pricked him forwards with the Points of their Swords till they brought him back to the Place from whence he had deferted. It being then almoft Night, they tied him to a Tree with his Hands behind him, till they had refrefhed themfelves, after which theyxut down a Parcel of Fire-Wood, and bringing i^to a plain Place, laid it round the Trunk of a fmall red Oak-Tree. They then bid the Prifoner take Leave of his Friends; and having allowed him a few Minutes fof his Prayers, they bound him. to the Stake, the reft of the Prifoners being placed at fome Diflance round about the Stake tied Arm to Arm, Fire was then put to the Wood, which was at fuch a Diftanee as only to roaft him. When the Cri minal was almoft fuffocated they pulled back the Fire and give him Air, and to add to his Tor ment they cue offSlices of his Flefli, and chrew * father. Book VII. /. 63. them N EJF-E N G LAN D. 83 them in his Face. Thus was he fried to Death with a flow Fire, the Indians all the while dancing roundabout him, and endeavouring to drown his Shrieks wich cheir barbarous Hoopings. When he was dead they left him bound Co the Stake, in which Pofture the Englifh found che Body next Day, and beftoWed a Funeral upon it. Rogers's Cafe may, perhaps, be thought peculiar, becaufe he was a Defbrtcr ; buc it was che conftanc Praftice of che Indians to ftrip their Prifoners, al lowing them neicher Stockings nor Shoes, but only a flight Blanket to cover their Nakednefs, except in the Winter, when they were fometimes favoured wich a Pair of Leacher-Scockings to keep cheir Feet frohi periiliiag with the Cold. They made chem carry air theif Baggage, feeding them wich no ocher Pro- vifion than Ground-Nuts, Acorns, Purflain, Hog" Weed, Weeds, Roots, and fometimes Dogs-flefli, and of this no more than was juft fufficient to keep Soul and Body together. They obliged them to travel in thefe Circumftances about twenty or thirty Miles a Day, and if any of them tired, or could not travel their Pace, it vyas their conftant Praftice to ftrike their Hatchets inco their Brains. They had no Regard eicher co Sex or Age ; fof Mary Fer gufon, who was caken Captive at the fame time, and afterwards redeemed, declared that her Companion, a young Maid of about fifteen or fix teen Years of Age, had a heavy Burthen laid upon her Back, which fhe carried as long as fhe could ftand under it ; but at laft, burfting out into Tears, and crying fhe was able to go no further, her Indian Mafter took her afide into the Bufhes, cue off her Head, and carried about the Scalp in Triumph. James Key, a Child of five Years of Age, was taken at the .fame Time, and fell to the Share of Hoop- hood, who obferving him to cry for tbe Lofs of his Parents, bound him to a Tree, and whipt him un- G 2 mercifulljr 84 The HIST ORY of iJn, 1690 mercifully till he was all over of gore Blood froip Head to Foot : The Child continuing ftiU to cry, contrafted a Sorenefs in one of 'his Eyes, a,t which his Mafter being enraged, thruft his Tfiuipb into it, and forced it out of his Head ; telling him at the fame Time, that if he did not leave crying he would ferve the other fo too : But about ten Days after, the Child being tired, and not capable of travelling fo faft as he would have it, he buried the Blade of his Hatchet in its_Brains, and then chop ped its Body intp fmall Pieces, and threw ic inco the River. Happy were thofe Captives" that fell' to the Lot of tl^ French ; fpr tho' they ,yere forced to travel barefoet through the Froft and Snow, a- bove 100 Miles to Canada, yet when they came thicher chey were ufed' like Prifoners of War, and taken care of till chey were exchanged. The Government of New-England, in this Exir gency of their Affairs, publiflied a Proclamation for Reformation of Manners, dateil March 13, 1689-90; wherein it vyas ordered, " That the Laws of the ** Colony againft Vice, and all Sorts of Debauchery " "and Prophanenefs be put in Execution, particu- " Iarly the Laws agaihft Blafphemy, Curfing, pre- " phane Swearing, Lying, unlawful Gaming, Sabbath- *' Breaking, Idlenefs, Drunkcnnefs, Uncleannefs, and " all the Enticements and Nurferies of fuch Im- " pieties: And as all Perfons ape hereby warned to " avoid thofe Vices, fo all inferior Officers are en- ?' joined to perform their Duty in finding and " bringing oue Offenders againft che aforefaid Laws.' " 'Tis further defired, thac all the Miniiler's of " God will, to, the publick Reading of this'Pro- " clamation, adjoin their own fervent Labours ; " not only in rebuking thefe Evils, but alfo to " witnefs againft afl fpiritual Sins, which fall not ¦ " fo much under the Cognizance of human Laws, " as Unhelief^ Worldlinefs, Herejy, Pride, 'Wrath, [' Strife f N E N-E NG LA N D. 8^ *' Strife, Envy, and t\\e NegleCl of Publick Worfhtp. *' The Chuiches are likewilt: advifed co refleft fe- *' rioufly and frequcn'cly on their Covenants, to *' fliarpen their Dilciphne againft thofe that walk " diforderly, ahd Co compofe all Differences and *' Contentions among, ehemfelves. Furthermore " 'cis expefted, that the feveral Towns within .this " Jurifdiftion do fpeedily furnifli themfelves with *' Schools for the good Education of Youth, and *' take fpecial C^re to avoid Faftions and Quarrels " in their Town-Affairs. All Plantations are ftriftly ." commanded, not to continue any longer withr *' out a Miniftry among them. And finally, AH *' the People are advertifed, that if they do not " obferve thefe Rules, they may expeft that Gpd *' will punifli them yet feventimes more, fpr their " Iniquities ; but if they obferve them, it will give " a greater Proftjeft of Profperity than can arife "" from the beft Councils and biggeft Armies," Days of folemn Fafting and Humiliation were frequentiy obferved throughout the whole Province for a Blefling upon their Arms, and feveral Coun cils were held at che fame Time Co confider pf che State of the War, and concert proper Meafures for car rying it on with Succefs, It was generally agreed. That fince che Fi'ench had joined, openly wich che Indians in making War uppn the Englifh, the great-;- eft Danger was from, them, for the Indians Vsrere a contemptible Body of themfelvjes ; but as they were inftruftcd in the Arts of War, and fupplied wich all warlike Scores by the French, they were capable of doing a great deal pf Mifchief, a.nd might in time b'ecpme very formidable.^ Sir William Phips therefore formed a Projeft to drive the French out of their Settlements in L'Acadie, fince known by the Name of New-.Scotland; which the General Court of the Maffachufets having approved, imme diately ordered 700 IVIen to be put on Board a G 3 fmali 86 The HIST ORY of ^a,, i6go. fmall Fleet of Ships under his Command for the Expedition. L'Acadie, or Nova Scotia, is Part of the Terra Canadenfis; it lies from 43 to 51 Degrees of North Latitude, and from the River of St. Croix in No^- rembegua to the great River of Canada ; has always 200 Leagues of Coaft, buC was never much inha bited by the Indians themfelves. The Bounds of this Province are the Atlantick Ocean to the North, Breton Ifland and the Bay pf St. Lawrence to the Eaft, Canada to the Weft, and New-England to the South, When Sir Ferdinando Gorges was Pre fident of the New-England Company, he propofcd to Sir William Alexander, one of the Secretaries of State for Scotland, and afterwards Earl of Sterling, the procuring a particular Patent for this Country ; which Sir William, being in favour Vv'ith King James I. eafily obtained ; it bears Date September 10, 1 62 1. The next Year Sir William and fome others who were concerned with him attempted to make a Settlement, but not being able to perfeft their Defign, it lay wafte till the Year 1662, when the Fre»f/& took Poffeffion of it, and fortified them felves at Port-Royal on the North Side of Funda- Bay, in 45 Degrees North Latitude, The Englijh had fo little an Opinion of this Territory, that they abandoned it to the French by the Treaty .of Breda in the Year 1667, and never attempted to re cover it till this Time, when they began to ap prehend the Danger of the Neighbourhood of fo potent an Enemy. Monfieur Meneval was now Go vernor of the Province, who had builc a little Fort at Port-Royal for the Security of the Plancacions along the Coafts, where the Inhabitants drove a confider able Trade in Lumber, Fifhing and Furs, and were increafed to the Number of 6 or 7000 Souls. Sir William Phips failed with his Fleet from Nantafcot on the 2 Sth of April 1650, and on the nth NEW-ENGLAND., 87 nth of May arrived before Port-Royal. 'Twas then but a fmall Town, defended wich norhing but fingle Palifadoes, buc is fince precty much enlarged and fortified. Ic lies in the Latitude of 45 Degrees and 40 Minutes, upon the Edge of a Bafin a League broad, and two Leagues long, having at the Entry 16 or 18 Fathom Water on one Side, and 6 or 7 on the other. The Garrifon not being provided for a Defence, furrendred after a fhort Refiftance, upon Condition of a fife Conduft to Canada. Sir William took Poffeffion of the Country in the Name of King William and Queen Mary, and having demolifhed the Fort, fent aw.iy the French Garrifon according to the Articles of Capitulation, and adminiftred an Oath of Allegiance to tHe King and Queen of England, co all that ftaid behind, over whom he placed a Governor, and then re turned. In his Way home he deftroyed another French Setclemenc at St. John's River on che Souch Side of Funda Bay, and arrived at Bofton the 30th of May. The Englifh kept Poffeffion of this Country tin the Peace of Ryfwick, in the Year 1697, when it was reftored to the French ; but by the Treaty of Utrecht it was yielded to the Englifh .Crown for ^^ever, and Port-Royal changed its Name into An napolis-Royal. The Succefs of this Expedition encouraged the Government of New-England to attempt the Con- queft of all Canada ; where che French had made fuch great Settlements, as were like to prove a ter rible Thorn in the Sides of the Country. Canada, according to the French Account of ir, contains a Traft of Land of almoft 2000 Miles in Length, and 840 in Breadth, fituate betv/een the 39th arid 65th Degrees of Norch Latitude ; but this Account takes in Acadia, Newfoundland and Terra^ de Laborador, which belong now to the Englifto. The French took Poffeffion of it in the Beginning G 4 ' of 88 The HIST ORY of i^,. r6go: of the Iafl:'CenCury, and made Sectiemenes at ^ebec^ Montreal, and other Places upon rhe Banks of the great River of St. Lawrence ; buc the moft confi derable Place for Strength is ^ebec, >yhich is di^ vided into the Upper and Lower City ; 'tis com manded by a Caftle which ftands on an Eminence. There are five Churches in the High City ; and a Cathedral, which confifts of a Bifhop and twelve Prebendaries, who live together in the Chapter- Houfe, the Architefture of which is truly wonder ful ; but the City has neither Key nor Fortification. This Place Sir William Phips was fent to reduce with a Fleet of 32 Sail of Ships, befides Tenders, on Board of which were 2000 Men. The Fleet was divided into three Squadrons ; the firft con fifted of 13 Sail, under the Cornmand of Captain Gregory Sugar's, Admiral, who hoifted his Flag on Board the Six Friends, a Ship of 44 Guns ; the fecond confifted of nine Sail, under the Command of Vice- Admiral Gilbert, on Board the Swan; and the third of nine, under the Command of Rear- Admiral Eldridge, on Board the America Merchant. The vvhole Fleet fet fail from Hull, Auguft the 9th ; but by reafon of hard Weather and contrary Winds, did not come within Sighe of ^ebec till the 5th of October ; a fad Time of Year co begin an Attempt of this Nature. It was agreed before Sir William left Bofton, thac while he actacked ^ebec by Sea, an Army confifting of 1000 Men from the Weftern Plantations of New-Tork, Albany and Connecticut, with 1500 Indians, fhould march over Land and befiege Mont Real at the fame Time, that the French might be obliged to divide their Forces for the Defence of both Places : But; when the Engli^. had marched as far as the great Lake of Canada^ not finding Canoes to carry them over, nor the In dians ready to join them according to Promife, they returned home; by which Means Count Frontenac had N E W-E NG LA N D. % had an Opportunity of recalling his Detachments, and drawing together the whole Strength t>f the Cofony, for tihe Defence of ^ebec. On the 6th of October Sir William fent the fol lowing Summons to Count Frontenac, in Writing. Sir William Phips, Kt. General and Commander in Chief, in and over their Majefties Forces of New- England, by Sea and Land ; To Count Frontenac, Lientenant-General and Gover nor for the French King at Canada ; or in Ab- fence, to his Deputy, or Mm or them in chief Com mand at Quebec. " f I'iHE War between the two Crowns of Eng- " ^ land and France does not only fufficientiy ^ warrant, but the Deftruftion made by the French " and Indians under vour Command and Encou^ " ragement upon the Perfons and Eftaecs of their *' Majefties Subjefts of New-England, without " Provocation or, their Part, hath put them uncfcr ^' the Neceffity of this Expedition, for their own " Security and Satisfaftion. And altho' rhe Cru- " cities and Barbarities ufed againft them by the ^' French and Indians, might, upon ^ the prefent " Opportunity, prompt to a fevere Revenge, yet *-' being defirous to avoid all Inhumanity and un- " chriftianlike Aftions, and to prevent fhetfdingof " Blood as much as may be, [ the faid Sir Wil- " liam Phips, Knt. do hereby, in the Name and " on the Behalf of their moft Excellent Majefties- " William and Mary, King and Queen of England, *' Scotland,France and Ireland;j!!)ef enders of thcFaith, *' and by Order of their Majefties faid Government " of the Ma/^i:,^^/ - Colony in New-England, de- *^ mand a prefent Surrender of your Forts and *' Caftles, and tlie King's and other Stores unem- *' bezzelled, 90 Ty^^ H I S T O R Y of [j„. ,6go. " bezzelled, with a feafonable Delivery of all Cap- *' tives, together with a Surrender of all yourPer- " fons and Eftates to my Difpofc ; upon the do- *' ing whereof you may expeft Mercy from me, " as a Chriftian, according to what flball be found *' for their Majefties Service, and the Subjefts Se- " curity, which if you refufe forthwith to do, I " am come provided, and am refolved by the Help *' of God, in whom I truft, by Force of Arms *' to revenge all Wrongs and Injuries offered, and " bring you under Subjeftion to the Crown of " England^ and when too late make you wifh you " had accepted of the Favour tendered. •" Your Anfwer pofitive in an Hour, returned *' by your own Trumpet, with the Return of mine, *' is required upon the Peril that will enfue." The Officer that brought the Summons was condufted to the Governor's Chamber blindfold, who, upon hearing the Letter, was fo enraged, that he ordered the Captain of his Guards to ereft ' a Gibbet before the Fort to hang him ; and he had certainly done it, if che Bifhop had noc inter ceded for him ; for the Governor look'd upon them as Pirates, becaufe they had no Commiffion, as he faid, from the true and rightful King of England; but at laft, being appeafed by his Officers, he fent back the Major with the^following haughty and in- folent Anfwer, « rs-IHAT Sir William Phips and thofe with " X bim were Heretics and Traitors to their *' King, and had taken up with that Ufurper the " Prince of Orange, and had made a Revolution, *' which if it had not been made. New England *' and the French had been all one ; and that no " other NEW-ENGLAND. gi *' other Anfwer was to be expefted from him, but *' what fhould be from the Mouch of his Cannon." On the 7th of October Sir William attempted to put his Land-Forces afhore, but the Weather prov ing very tempeftuous, it could not be done till the next Day, when 1400 of. them, under the Com mand of General Walley, landed about a League and a half from the Town. The Enemy made a briflc Fire upon them at their firft Landing, but 35 foon as the Forlorn were got afliore, and had form ed themfelves, they retreated. The French fay, they retreated with no other Defign than to draw ihe Englifh into an Ambufcade ; for having pofted their Confederate Savages, with 200 Foreft Rangers, and 50 Officers, in a Copfe of thick Brambles, half a League from the Landing-Place, they drew them into ir, and having made a general Difcharge, they lay flat on the Ground while they received the Enemy's Fire ; after which they fprung up, and drawing into Knots here and there, repeated their Fire with fuch Succefs, that the Englifh fell into Confufion, and retreated with the Lofs of 300, Men dead on the Spot, withouc any other Lofs on i' their Side, chan i© Foreft Rangers, 4 Officers, and 2 Savages. Nexc Day che Englijh landed 4 Pieces of Brafs Cannon, mounted like Field-pieces, and made a frefh Accempe co force their Paffage thro' the Copfe by the Help of their Artillery, buC were repulfed again wich the Lofs of 2 or goo Men ; che French on their Side lofing but 40, amongft whom was Monfieur St. Helene, who died of a Wound in. his Leg. Tbis fecond Viftory animated them fo much, that they purfued the Englifto to their very Camp, and lay all Night within Sight of ir, defign- , ing to attack it by break of Day, if they had not faved them the Trouble, by embarking about Mid night with fych Hafte and Confufion, that they loft §2 fhe'Ui ST ORY of ^An. 1690: loft 50 Men as they were getting into their Bpats, The French confefs, that there was no Want of Bravery in the Soldiers, buc impuce their ill Suc cefs to rheirUnacquaincednefs wichlVIilicaryDifciplihe, to their being enfeebled by the Fatigues of the Sea, and to the ill Conduft of Sir William Phips, who, upon this Enterprize, could not have done the French greater Service, if he had been hired to ftand ftill wjth his Hands in his Pocket. But this Account of the French is meer Gafcpnade, 'Tis plain Sir William did his Ducy better than Walley, for it having been' agreed in a Council of War held on bpard the Admiral before cheir Land ing, thac Walley wich his Land Forces fhould attack the Town on the Eaft-fide, while Sir William bat- ter'd it with his Ships on the Weft ; Sir William accordingly brought his Ships to bear, and battered the Town all Night, and Part of the next Day ; but wondering that he could fee no Signal of an Aftion afliore, he fent to enquire into the Condirioii of the Army, and was informed thac Walley durft not venture within Sight of the Town, having beeti affured by a French Deferter, that Count Frontenac had 3000 Men with him in Garrifon, and was pre pared to give them a warm Reception, 'Tis cer tain the Army was grown very fickly, fome being ill of the Small-Pox, and others almoft frozen to Death with the Cold ; which made Sir William or der them on board again, refolving to land them in the Face of the Town under the Shelter of his own Cannon ; but before that could be done, a violent Storm arofe, and feparaeed che Fleet, and the Cold became fo extreme, that it was thought impoffible to continue any longer in thofe Parts ; fo after an Ex change of Prifoners on both Sides, they weighed Anchor, and returned home. Sir William Phips with the greateft Part of the Fleet arrived at Bofton, November the 19th, bUt fome of N E W-E N G L 4N: D, 93 of the Ships were driven by cpntrary Witids as far as the Summer Iflands, and three or four of them loft ; Captain Rainsford in his Brigantine with Sixty Men being feparated from the Fl^et, ftruck upoti the delblate Ifland of Antecofta, near the Mouth of CanadaRwer, October the 28ch, and had but juft Time enough to land his Provifions before the Vef fel funk : The Captain and his Men finding they were like to winter upon the Ifland, built, a, Stptfer hpufe and nine little Hutts to fhelter them from the Cold with the Planks of the Wreck ; but their Pror vifions were fp fhort, that they, agreed each Man's Allowance per Week to be no more than two Bis- kets, half a Pound of Pork, .half, a Pound of Flour, one Pint and a quarter of Peafe, and two Salt-fifh^ It vyas not long before the difmal Effefts of Hunger and Cold began to appear among them, for on the^ 20th of December their Doftor died, and after him 30 or 40' in a few Weeks.; and though they wer-e aU convinced of the Neceffity of r keeping to thejr Allowance, unlefs they would at laft eat one ano ther, yet their Store-houfe was frequently broke ope,n i an Irifhm.qn once got to the Provifions, andj cat nd lefs than 1 8 Biskecs,. which fwell'd him to, fuch a Degree, that he was forced to have his Belly ftroked, and bathed before the Fire, to pre vent its burfting ; for which the Villain defervedj I am fure, to be hanged, if he was not. On the 25th of March five of the Company refolved to venture out to Sea in their Skiff, which chey lengthen'd out fo far as. to make a Sort of Cabbio for two or' three.Men, and having got a littlq Sail, they ftiipp'd their Share of Provifions on board, and fteered a- way for Bofton ; it was the 9th of May before thefe poor Wretches arrived there, through a Thoufand Daggers, frotn the Sea and the Ice, and almoft quite ftarved, with Hunger and Cold; upon their Arrival, a Veffel was immediaccly difpatched 'away ta 94 Ty^/H I S T O R Y tf/ yn. 1690. tothe Ifland; which in a few Weeks brought off their Friends who were left behind. Such was the' melancholy Conclufion of the Ca nada-Expedition, which, as I have been informed by fome very good Judges who were then upon the Spot, coft New-England the Lives of about 30O Men, and about 8000 /. in Money ; buc according to Fir. Mather, 1000 Men, and above 14,000/. in Money ; eicher of which Sums muft have ruined the Country, if the Affembly had not paffed an ACt for the raifing it within a certain Number of Years', and in the mean Time iflued out Bills of Credit, which paffed currently among the People. While thefe Things were doing in the Weft, the War was carried on with Vigour in the Eaft. About the Beginning of May, 4 or 500 Indians and French crofs'd the Bay of Cafco in their Canoes, and layconceal'd in the Woods, watching an OpportU'- nicy eo furprize the Town. The Inhabitants knew it, and were upon their Guard, but none of them appearing for 3 or 4 Days together. Lieutenant Clark with 30 ftout young Men, refolved Co vencure" out arid look for the Enemy ; the Wood lay upon a rifing Ground about half a Mile from the Town, at the End of a Lane fenced on each Side, with a Block Houfe at the End of it. The Englifh were afraid of the Enemy's lying in Ambufcade behind che Fence, buc they ran up co it with a bold Huzza, when the Enemy being prepar'd to receive them, made fuch a terrible Fire as kill'd the Lieutenant and 13 of his Men at one Difcharge ; they purfued the reft back CO che Town, which che Inhabieancs defended as long as cheir Ammunition lafted, and chen retired by rhe Advantage of che Night inco che Fort \ the Befiegers burnt the Town immediately, and having begun to undermine tbe Walls of the Fort, the Garrifon furrender'd upon Condition of being fafe-"' ly condufted to the next Englijh Garrifon ; but the- French N E W-E N G LA N D. 95 French broke the Capitulation, and made them Pri foners of War, under Pretence of their being Re bels to their lawful King, and taking up Arms for the Prince of Orange. The Governor Major Davis and fome of his Men were fent to ^ebec, but the reft were murder'd by the Savages. The Fate of Cafco made the fmaller Garrifons of Papoodack, Spurwink, Black- Point and Blue- Point, draw off immediately, wiihout Orders, to Saco, which was 20 Miles within Cafco ; and a few Days after they retired 20 Miles farther to Welb, and frightned that Garrifon lb much, .that half of them deferted, and fled as far as Lieutenant Storer's: Hopehood, the Captain of the Hurons, purfued them, and deftroyed all the open Country ; he btirnt fe veral Houfes at Berwick, killed 13 or 14 Men at Fox Point, and Carried off fix Prifoners ; but meet ing with Captain Floyd and Captain Green-leaf, they routed his Parcy, wounded Hopewood himfelf, and made him retire to a greacer Diftanee. After this he marched with his Party Weftward, with a De fign to draw the AquadoCta Indians to join him ; but a Party of French Indians meeting him by the Way, fell upon him by Miftake, and in their blind Fury killed him and almoft all his Company. At Spruce Creek an old Man was killed, and a Woman carried into Captivity. On the 4th of Jtily, a Party of Indians furprized and killed eight or nine Perfons working in a Field on the Banks of Lam- pareel River, and carried a Lad into Capcivicy. All the open Country was fo infefted wich Parties of the Enemy at this Time, that it was hardly fafe for a Man to ftir out of his Houfe, or follow his, Bufinefs in the Field. A Council of War was therefore called at Portfmouth, which ordered Cap tain Wifwel and Captain Floyd with a large Body of Men to fcour che Woods as far as Cafco. They marched out of ^ochecbo on the 4th of July, with above 96 The HISTORY of y„. ,690. above: 100 Men, and on the 6th came up with a large.Party of the Enemy at Wheehvright-Pond. It Wias obferved, that there vvere feveral French Sol diers mix'd with thefe Indians, to difcipline, and iflftruft tliem in a regular Way of Fighting. The Engagement lafted feveral Hours, but Viftory dei elared af.laft for the Enemy, Captain Wifwel, Lieu tenant Flag, Serjeant Walker, with fifteen of their Men, being killed, and a great many more wound ed; When Wifwel fell. Captain Floyd retreated with the Remainder of the Army, in the beft Manner he could, leaving his wounded Men be hind him; but next Morning Captain Ci?«wrj, with twenty Men, being fent out towards the Place of Battle, , found feven of ^ the wounded Englift) yet alive;, and brought them back to the Camp,- The Indians fluflied with this Viftory, made a Defcent upon Amefbury, furprized Captain Foot, and tor tured .him Co death ; but che Townfmen Caking che ' Alarm, Je.cured ehemfelves in their Fort : How ever, the Enemy killed three Perfons, burnt three or four Houfes, deftroyed their Cattle, and' theri retired. The refolute Behaviour of che Indians in the late Aftion, under 'ir^KCi» Difcipline, ftruck fuclva Terror into the Englijh, as, made them refolve. ne ver to hazard an Engagement for the future, with? fuch unequal Numbers, Major Church was- there fore, fent by Sea, with 300 effeftive Men, in the Beginning of. September, to fecure the Frontiers. He landed inthe Night in C<2/fo Bay, and march'd direftly to Pechypfot, an Indian Fort, which he" found deferted ; from whence he went to Amono^ fcogginFort, forty Miles up. the River, hut Agam^^ fKj. the Commander, with the greateft Part of this Garrifon, were fled: However, he burn'd the Fort, killed twenty Indians that were in ir, and re leafed feven Englifh Captives. After this, the Majoe fcoured t NEW-ENGLAND. gy fcoured .the neighbouring Woods, and then re turned to Cafco, where Mr. Antony Bracket, who had run away from the Enemy, had the good Fortune to join him. From Cafco they -went to Winter Harbour, where a fmall Parcy failing up che River, ' met wich a Company of Mankeen Indians, whom they put to Flight, and recovered an Englifh Pri foner, who informed them, that tht; Savages had agreed to rendezvous upon Pechypfot Plain, in order to attack the Town of Wells. Upon this the Army reimbarked for Cafco Bay, and dividing themfelves, into three Bodies, waited for the Enemy on Pe chypfot Plain ; but the Indians were too wife to ha zard a Battle, but contented' themfelves wich bar- rafllng che Forces, and cutting off the Stragglers. The Army therefore broke up, and returned eo Cafco Bay, September the 20th, where five Plimouth Men venturing to lie afhore at a fmall Village, call ed Macquoit, without feccing a Wacch ae the Door of their Lodging, were deftroyed in the Night. The Major after this feparated his Forces, and put them all into Win cer- Quarters, except 100 Men, who w6re left wich Capt, Convers and Playfteady to fcour the Woods, and prevent Surprifals from an Enemy, who rarely annoy 'd tbem any ocher Way. The Affairs of the Councry were now at a very low Ebb, chro' the Loffes and Difappointments of the laft Campaign : For thp* they had conquered Acadia, the Canada Expedition, and the ill Succefs of their Arms upon tbeir Frontiers, had exhaufted tbeir beft Blood and Treafure; befides, the Go vernment itfelf was unfettied, and the People ready to mutiny on the account of their heavy Taxes ; when, iu a happy Junfture, a Party of Indians came to Wells with a Flag of Truce, and propofcd a Ceffation of Arms for fix Months ; Advice of which being immediately fent to Bofton, Major Hutchinfon Vol. II. H and 98 The HISTORY of [j„. .690. and Captain Townfend were difpatched away to join the Commiffioners ac Wells, in order to bring this Affair to an Iffue. They met the Indians, by Ap- poincmene, ae Sagademore, November the 23d, and on the 29c{i figned Articles for a Ceffation till the firft of May, by which they engaged, " Not to do *' any Injury to the Perfons or Eftates of the En- *' glifto, in any of the Englijh Colonies, till that *' Time ; to give timely Notice of any Plots *' which they might know the French had laid " againft them ; and on the faid firft of May, to *' bring into Storer's Garrifon at Wells all the En- *' glijh Captives in their Hands, and there treat of " a perpetual Peace." This Inftrument was figned by the Englijh Commiffioners on the one hand, and by Edgeremet and five Segamores or Noblemen on the other. Ten Englijh Captives were releafed by this Treaty, among whom was Mrs. Hall, whom the Indians would fain have decaiiied, becaufe being able to write well, fhe ferVed them in Quality ofa Secretary ; and Nathaniel White, whom the barbae rous Wretches had already tied to a Stake, cut off one of his Ears, and made him eat it raw, and were going to roaft the reft of him alive. And thus the Indian War ceafed, during the Winter of the Year 1690. The Beginning of this Year, or the latter End of the laft, died old Mr. John Eliot, the Apoftle of the Indians. He was born in the Year 1604, and educated at Cambridge ; but his Parents dying before he had perfefted his Studies, he was obliged to leave the Univerfity, and become Ufher to Mr* Hooker, a filenced Nonconformift Minifter, at Little Baddow in Effex. He came over to New England in the Year 1631, and joined himfelf to Mr. Wil-* fan's Church at Bofton^ amongft whom he preached occafionally for fome Time : But the next Year, fcvtral of his old Acquaintance coming over, he fettled N E W-E N G LA N D. gg fettled with them at Roxbury, about a Mile from Boftqpf an^ contitiued in the Exercife of the Pafto ral Oilice among them almoft fixty Years. His indefittigable Pains ^d Labours in converting the Indians are knowii to 311 t1l6 World, and'the Reader has had fome Account of them in the courfe of this Hiftory. This Part of his Work was his great eft Delight; and tho* he travelled conftan tly among the Indians once a Fortnight, yet he did not neg- !eft his Duty at Roxbury. He was a Man of great Piety, and Zeal for Religion, and yet of univerfal Love and Charity to all Men. When he was in a manner quite decayed with Age, beirig afk'd how he did ? he reply 'd, ' Alas, I have loft every thing; * my Underftanding leaves me, my Memory fails * me,' my Utterance fails me ; but I thank God my * Charity holds out ftill ; I find that rather grows * than fails.' He was a good Scholar, efpecially in the Languages, and one that would never allow himfelf to be idle. He had gained, the Affeftions of the Indian Converts by his Affabihty and good Nature, to fuch a Degree, that chey would ruri all Hazards ,to ferve him ; and his Name is ftill men tioned by them with Honour, He lived till he was quite worn out, and ufed to fay merrily, ' Tbat ' his old Acquaintance had been gone to Heaven * fo long before him, that he was afraid they would 'think he was gone the wrong Way, becaufe he * ftaid fo long behind.' But at laft, after a Life of greac Labour and Ufefulnefs, he died in Peac6 at his Houfe at Roxiury, in the eighty-fixch Year of his Age, H Q C H A P, iQo The H I S T O R Y 0/ [A. 169,. CHAP. XI. 5'/r William Phips returns to England, and joins with fhe New-England Agents at the Court of King William "and ^een Mary in folliciting the Refloration of their Charter. They obtain a New One, not fo agreeable to the People as their Old One. Sir William Phips appointed Governor. The War re newed. The memorable Siege of Wells. Mr. Increafe Mather created DoBor of Divinity. Pemrnaquid Fort built. A Peace concluded with the Indians. |IR William Phips having refrefhed himfelf a few Weeks at Home, after his unforcunate Expedition to Canada, embarked for England, and arrived at Whitehall in the very Depth of Win ter, The Reafon of his undertaking this Voyage was, to follicit Succours for another Expedition to Canada, the Conqueft of which he apprehended ne ceffary to the Safety of his Country; and to induce. the King to come into hi^ Meafures, he humbly offered to his M^jelfy'the following Confiderations : I, That it was for the Intereft of the Englijh Crown and Nation, becaufe thereby they would not only engrofs the Beaver Trade, but fecure the Hud- fon's Bay Company, fome of whofe Faftorjes had lately fallen into the Hands of the French. It would N E WE N G L-A N D. loi would likewife increafe che Englifh Shipping, by gaining the Fifliery of Newfoundland, and confe quendy. diminifli the Number of French Seamen, and cut off a great Revenue from that Crown. II. That the Mifcarriage of the late Expedi tion was not owing to the Difficulty of the Enter- > prize, but to 'their waiting for Supplies of Ammu nition from England till Auguft, to their long Paf fage up the River, together with the cold Wea ther's coming in, and the Small-pox and Fever being in the Army and Fleet, which obliged tbem to return home ; but if they could have ftaid four teen Days longer, he does not doubt but they might have taken ^ebec, the Strength of thd French being fmall, and the Planters defirous to be under the Englijh Government. Ill, That the Jcfuits endeavour to draw the Maqua's and other Indians into their Intereft, by fuggefting fhe. Greatnefs of King Lewis, and the Inability of King William to do any thing againft the French in thofe Parts, which in Time, of War would not only be prejudicial to NewrEngland, but to all our American Plantations, But the French War lay fo heavy on the King at this Time, that he was' obliged to defer the Con fideration of Sir William's Petition for the prefent, his Majefty having need of all the Men and Money he could raife for the Defence of his own King doms, Sir William being thus detained in England, em- ploy'd his Intereft among the Courtiers, in Con- junftion with the New-England Agents^ to ob-- tain the Reftoring of their Charcer, The Rev, Mr. Increafe Mather, Reftor of Harvard College, had been at Court in the Year 1688, and laid before King James a Reprefentation of their Grievances, which the, King promifed in part to redrefs, but was prevented by the Revolution, When the Prince H 3 and ,102 r^^ H I S T O R Y 0/ yn. 1691; and Princefs of Orange were fetded on the Throne, he, with the reft of the New- England Agents, ad- dreffed their Majefties for the reftoring of their Charter, and applied to the Convention Parlia ment, who received a Bill for this Purpofe, and paffed it in the lower Houfe ; but that Parliament being foon after diffolved, the Bill was loft. The weighty and important Affairs of Europe^ requiring his Majefty's Prefence in Holland, the New England Agents were forced to defer their Ap plications for their Charter till his Majefty's Re turn. Thus the Bufinefs flept for about a Year, when the Agents agreed among themfelves;- inftead of addreffing the King for the reftoring their old Charter, to petition his Majefty for a new One, with more ample Privileges ; but before they could obtain an Anfwer, the King went to Holland again, and referr'd them to his Council for the Determi nation of their Affair in his Abfence. The Agents meeting with fo many Difappointments from the Courtiers, and feeing no End of their Affairs, at laft waited on the Queen herfelf to affu re her Ma jefty " Of the Duty and Loyalty of her New-En- *' gland S\i\i]e6k.s, and of the great Hardihips they *' had fuffered for their being fo ; and to befeech " her Majefty, that fince the King upon^ his go- " ing to Holland had referr'd the Ne^^Englifh Af- ** fair to the two Lord Chief Juftices, with the ** Attorney and Sollicitor-General, that what they *' thought reafonable might be confirmed to them," The Queen reply'd, " That, the Requeft was rea- *' fonable ; that lhe had fpokcn divers Times to *' the King on the Behalf of New-England ; and *' that, for her own Part, fhe defired that the Peo- *' pie there might not only have Juftice, but Fa- " vour done them." They waited likewife upon moft of the Lords of his Majefty's moft honourable Privy Council, with a Paper of Reafons for the Con- N E W-E N G LAN D. 103 Confirmation of the Charter-Privileges granted to the Maffachufet Colony ; but all their Applications were ineffeftual : Some Perfons about the King had given his Majefty fuch ill Impreffions of the Religion and Loyalty of his iV"^w-£»|;/<3«i Subjefts, that there was Reafon to fear they would never obtain any Charter at all. The Agents however purfued their Bufinefs with unwearied Application, and improved all their Intereft in Court and City 10 accomplifli it. It being whifpered at Court, thac the King would certainly nominate a Governor for New-England before his going to Holland, the Agents fearing he might appoint one that was not agreeable to the Country, obtained an Audience of his Majefty by the Favour of the Duke of Devonfhire, April 28, 1691, wherein Mr. Mathir humbly prayed his Majefty's Favour to New-England in reftoring their old Char ter Privileges ; adding at the fame time thefe Words : Sir, your Subjects there have been willing to venture their Lives to enlarge your Dominions : The Expediiion to Canada was a great and noble Under taking. May it pleafe your Majefty, in your great Wifdom alfo to confider the Circumftances of that Peo ple, as in your Wifdom ym have confidered the Circum- flames of England and ef Scotland. In NewrEng- land they differ from other Plantations ; they are called Congregational and Prefbyterian ; fo that fuch a Go vernour will not fuit with the People of New-England, as may he very proper for other Englifh Plantations. Two Days after this the King enquired whether, without Breach of Law, he might appoint a Go vernor over New-England ? To which the Lord Chief Juftice, and fome other Lords of the Council, anfwered. That whatever might be the Merits of the Caufe, in as much as the Charter of Nev/-Fnghnd flood vacated by a Judgment againft them, it was in the ling's Power io put them under what Form of Go- H 4 vernment 104 The HIST ORY of y„. ,691. ¦ vernment he fhould think beft for them. The King re plied, He believed then it would be for the Advantage of the People of that Colony to be under a Governor appointed k^ himfelf; never thelefs, becaufe of what Mr. Mather had fpoken to him, he would confent that the Agents of^evi-Fr\^and fhould nominate fuch a Per fon as fhould be agreeable to the Inclinations of the People there, but notwithftanding this, he would have Charter- Privileges reftored and confirmed to them. The next Day the King went to Holland, and left Orders with his Atcbrney General to draw up a Draught of a Charcer, according to his Majefty's Mind expreffed in Council, to be ready for him to fign at his Return. The Attorney prefented his Draught to the Council-Board June the 8th, which was rejefted, and a nev,^ one ordered to be drawn up, which deprived the People*of New-England of feveral effential Privileges contained in their former charter. Mr. Mather in his great Zeal protefted againft it ; but was told, that the Agents of New- England were not Plenipotentiaries from a So vereign State, and therefore muft fubmit to the King's Pleafure. The Agents having^obtained a Copy of this new Charter, fent over their Objeftions againft it to the King in Flanders, praying that certain Claufes, which they pointed out to his Majefty in their Petition, might be altered : And the Queen herfelf with her own Royal Hand wrote to the King, that the Charter of New-England might eicher pafs ae ic was drawn by the Attorney General at firft, or be de ferred rill his Return. But after all, it was his Ma jefty's Pleafure that the Cliarter of New-England fhould run in the main Points according to the fe cond Draught ; and all that the Agents could do,. was to get t-vvo or three Articles, which they appre hended to be for the Good pf their Country added to ic. The ¦ N E W-E N GLAND. lo^ The Expeftations of the People of New-England were very much difappointed by this new Charcer, and their Agents were cenfured as Men not very well Ikill'd in the Intrigues of a Court, It was thought, if they had applied themfelves to proper Perfons, and in a right Way, they might have made better Terms for their Country ; but they afted in the Uprightnefs of their Hearts, though the Succefs did not anfwer, their Expeftations. Ic was debated among them whether they fhould ac cept of the new Charter, or ftand a Trial at Law, for reverfing the Judgment againft their Old one ;' but upon Advice of fome of the beft Politicians and Lawyers, the Majority refolved to acquiefce in the King's Pleafure, and accept of what was now offered them, for the following Reafpns. Firft, Becaufe if they fhould refufe this Charter, the King might poffibly carry his Refencments fo high, as never to offer them another, which would be;the Ruin of their Country. Secondly, Becaufe a Submitting to this new Char ter was no Surrender of the old One, though the Judgment againft the old Charter ftanding upon Record in the Court of Chancery, the Patent was thereby annihilated. Thirdly, Becaufe all Attempts to have the -Judg ment againft the old Charter revers'd would be altogether in vain, in the prefenc Situation of Affairs. Fourthly, Becaufe the old Charcer was, in the Opinion of Perfons learned in the Law, defeftive, as to feveral Powers which are abfolutely neceffary for the Subfiftance of the Plantation ; for Example, It gave the Government no more Power than every Corporation in England has : Power in capital Cafes was not exprefled in it : It mentioned no Houfe of Deputies, or Affembly of Reprefentatives : The Government had thereby np Legal Power to impofe 'lo6 The HISTORY of [A. 1691; impofe Taxes on the Inhabitants that were not Freemen, nor to ereft Courts of Admiralty : So that if the Judgment againft this Charter fhould be revers*d, yet if die Government of New-England fhould exercife the fame Powers as they had done before the ^0 Warranto; a new Writ of Scire facias might undoubtedly be iffued out againft them. Befides, if the old Charter flhbuld be reftored with out a Grant of fome other Advantages, the Country would be very much incommoded, becaufe the Provinces of Main and Hampfhire would have been taken from the Maffachufets, and Plimouth would- have been annexed to New-Tork, whereby the Maffachufet Colony would 'have been very much ftreightned, and have made a very mean Figure, both as to its Trade and Influence, Fifthly, Becaufe the new Charter grants a great many Privileges to New-England, which it had not before ; the Colony is now made a Province, and the General Court has, with the King's Approba tion, as much Power in New-England, as the King and Parliament have in England. They have all Englifto Liberties, and can be touched by no Law, by no Tax, but of their own making. All the Li berties of their Religion are for ever fecured, and their Titles to their Lands, once for want of fome Forms of legal Conveyance contefted, are now con firmed to them for ever. If an ill Governor fhould happen to be impofed upon them, he could do them no Hurt except they themfelves are aceeffary to it ; for he can neicher make a Councellor, Judge, Juftice of Peace, nor fo much as a Sheriff, wichout their Confent. Upon thefe Confiderations the Agents thought it their Duty to accept of the new Charter, and return his Majefty their Thanks for it 5 thou^ it muft be confeffed, the Form of Government was very much altered by it, and feveral ample Privi leges, NEW-EN GLAND. 107 leges, which before were in the Hands of the Peo ple, were now referved to the Crown, For Ex ample : In this Charter the Nomination and Conftitution of the Governor, Lieutenant-Governor, Secretary, and all Officers of the Admiralty, is wholly referved to the Crown. The Power of the Militia is wholly in the Hands of his Majefty's Governor, as Captain General. All Judges, and Juftices of a fuperior and in ferior Order, and Sheriffs, to whom the Execution of the Laws are entrufted, are nominated and ap pointed by the Governor, with the Advice and Confent of his Majefty's Council. The Governor has a Negative upon all Laws, Eledlions, and Afts of Government, of the General Affembly and Council. All Laws enafted by the General Affembly, and approved of by the Governor, are to be tranfmit- ted Home for the ^loyal Approbation ; and if dif- allowed within the Space of three Years, to be utterly void. The new Charter having pafs'd the Seals, hi& Majefty was pleafed, out of his great Goodnefs, and to keep the New-England Agents in Humour, to compliment them for the firft Time with the No mination of their Governor, defiring them to fix on fuch an one as would be acceptable to tbeir Country. The Agents, after mature Gonfultation among themfelves, agreed to name Sir William Phips } and being introduced to the King by the Earl of Nottingham, Mr. Mather made the follow ing Speech : ¦ S I R, . *' T Do in the'&ehdXf of New-Eagland mo^ hum- X " b^y thank your Majefty, in that you have *f been pleafed by a Charter to reftore Engli^ " Liberties io8 T;&^ H I S T O R Y (?/ [^^.re^,- Liberties unto them, to confirm them in their Properties, and to grant them fome peculiar Pri vileges; I doubt not buc chac your Subjefts will. demean themfelves with that dutiful Affeftion and Loyalty to your Majefty, as that you will fee Caule to enlarge your Royal Favours cowards them ; and I do moft humbly thank your Ma jefty that you have been pleafed to give Leave to chofe that are concerned for New-England to nominate their Governor. " Sir William Phips has been accordingly no- minaced by us ac Che Council-Board. He has done a good Service to the Crown, by enlarging your Dominions, and reducing Nova Scotia to your Obedience ; I know that he will faithfully ferve your Majefty to the utmoft of his Capacity ; and if your Majefty fhall think fit to confirm him in that Place, it will be a further Obhgacion eo your Subjefts chere." Hereupon Sir William Phips was admitted Co kifs his Majefly's Hand ; and was, by Commiffion under the Broad Seal, appoineed Captain General and Go vernor in Chief over the Prpvince of the Maffachu- fet-Bay in New-England. But to return to the War : At the Expiration of the Truce of Sagadehock, which v/as the Begin ning of May, Mr. Danforth, Mr, Moodey, Mr. Vaughan, Mr. Brattle, and feveral other Gentlemen, with a Troop of Soldiers, came to Wells tP renew the Peace with the Indians ; but they not appearing at the Time appointed, Capt, Convers went out with a Party and brought in fome Prifoners, who pretended they had forgot the Time, but promifed within twenty Days to deliver up all their Cap tives, and fign the Peace. The Captain having' waited twenty-two Days, and hearing nothing from them, thought it high Time to recruit his Gar rifon, NEW-ENGLAND. 109 rifon, ' and be on his Guard : Accordingly he fent for a Reinforcement of Men from the County of Eff'exi which joined him the 9th of June, to the .Number of 35 Men. Thefe Recruits had not en- tred the Grarrifon above half, an Hour before Moxus with 200 Indians made an Attack upon it. This feafonable Supply of frefh Men faved the Place ; for Moxus meeting with a bold Refiftance, retired with the Lofs of feveral of his Men : Up on which Modackawando was heard to fay, My Brother Moxus has miffed it now ; but I will go my- felf the next Tear, and have the Dog Convers out of his Hole. About the fame Time the Indians flew two Men at Berwick, two more at Exeter, and five or fix at Cape Nidduck. About the latter End of July, Cape. March, Capt. King, Capt. Sherburn, and Cape. Walten, landed wich 3 or 400 Men at Macquoit, and marched up to Pechypfcot eo look oue the Enemy, buc noc finding chem, chey re turned to their Ships ; but while they were em barking, a vaft Body of Indians poured down u,pon them from the Woods, and put them into Dif- order ; part of the Forces being already on Board, the reft were not able to make Head againft the Enemy, but got on Board their Veffels as faft as they could, leaving Capt. Sherburn and fome others behind tbem dead upon the Shore. They fired at one another all Night, but to no other Purpofe than the Spending their Ammunition ; and in the Morning both Parties retired. On September tbe 2 8 ch, feven Perfons were furprized and kifled at Berwick., and the next Day 21 at Sandy Beach. Oftober the 23d, one Goodridge and his Wife were murdered ac Rowley, and his Children carried into Captivity ; and the next Day a Family at Haverhill underweht the fame Fate. The ftrong Fort at Cape Nidduck was likewife deferted this Year, for want of a fuflicient Garrifon to defend it ; after which no The HISTORY of y„. ,692. which the Enemy came and burnt all the Houfes in it. Thefe were all the Aftions that happened this Summer : By which it appears thac bodi the Englijh and Indians were weary of the War, or elfe reduced to fach low Circumftances, as not to be capable of carrying it on with Vigour. Buc the nexc Wincer che Indians afted with new Life; and did prodigious Damage to the Country. On the 25ch of January they furprized the'Town of Tork, while the Inhabitants were quiet and fe- ^cure in their Houfes; feveral Hundreds, at the Signal of a Gun, rufhing in upon tbe Town, killed 50, and- carried away 100 inco Captivity. They fummdned tbe barricadoed Houfes; but finding the Inhabitants refolved co ftand upon their Defence, they retired with their Booty into the Woods. Hard was the Fate of che Rev, Mr. Shubael Dummer, who was Ihoe dead ac his own Door, juft as he was taking Horfeto go inco the Country! His Wife was carried into Captivicy, where, through Sorrow and Hardfliip, fhe died. Many of his Church were likewife taken Prifoners, who had the Mor tification next Lord'%.Day, to fee one of the Sa vages aft the Part of a Preacher in their Minifter's Cioachs. Upon the News of this Difafter, a Ship was immediately difpatched to Sagadehock, with a Commiffion, and Effefts to redeem fhe Captives, which they accomplilhed in fome Meafure, but the Inhabitants were in fuch a Confternation, that they talked of nothing but abandoning the Town ; whereupon Capt. Convers and Capt. Greenleaf were fent immediately to their Afliftance j and the next Month Major Hutchinfon, with a ftrong Body of Troops, commanded under him by the Captains Convers, Floyd and Thaxter, effeftually fecured theitl |"rom all future Excurfions of the Enemy. The Englifh Forces liad feveral little Skirmifhes with the Indians in the Spring, but the braveft; .1 Aftion NEW-ENGLAND. iii Aftion was at Wells, where Capt. Convers was pofted wich only 15 Men, befides whom there were in the River two Sloops, with a Shallop, which had brought Ammunition and Provifion for the Gar rifon. The Soldiers obferved the Cattle to run home frighted and bleating- out of the Woods one Evening, which was a certain Sign the Enemy were at hand. Hereupon Capt. Convers fummoned in all his Garrifon, and ordered the Sloops, commanded by Gouge and Storer, to give him all the Affiftance they could. Next Morning before Day-light, John Diamond, a Stranger thac came jn the Shallop on a Vifit, came up to the Garrifon, and was invited in by the Watch ; but choofing to go on Board one of the Sloops, which lay about a Gun-lhot from the Fort, he was feized by the Enemy, and haled away by the Hair of the Head, notwithftanding all the Attempts of the Garrifon to refcue bim. Diamond was examined by the Generals of the Enemy's Army, which confifted of about 500 Men, under the Command of Meffieurs Burniff and Ifabrocree, French Men, and Madockawando, Moxus, Egeremet and Warumbo, Indian Segamores, concerning the Strength of the Garrifon, which he acquainted tbem with, only inftead of 15, he told them there were 30 Men in it. The Indians came on wich a horrible Shoue ; but the Garrifon made fuch a brifk Fire upon chem wich cheir fmall Arms, as obliged them to retire out of the Reach of their Mufkets. Upon this they turned their Fury upon the Sloops, which they raked moft dreadfully with tbeir fmall Arms from behind a great Heap of Planks which lay upon the Shore, and a Hay-Stack, which they fortified with Pofts and Rails, not above a Dozen Yards from the Sloops. They continued fliooting all Day long, and let the Sloops on fire feveral Times with their Fire- Arrows, which the Defen dants with a Swab at the End of a Rope tied to a Pole 112 r^^ H I S T O R Y of y„.i6<}2. Pole happily put out. At Night they ceafed, but next Morning returned to the Affault ; and becaufe they found ic impoffible to board che Sloops wieh- oue expofing themfelves eo tbeir Fire, they con trived a Machine, which they brought oue of che Woods upon a Pair of Wheels, upon which they builc a Platform, Mufl<;et-prool^ in che Front, and placed cheir Men behind it. They pufhed the Ma chine forwards upon the Shore till it came within fifteen Yards of the Sloops, when one of che Wheels funk inco che S^inds, and had like tO overfet it : A Frenchman ftepping out to raife the Wheel, was ftioc dead upon che Spoe ; whereupon they let it ftand as it was, and fired ac the Sloop from behind the Platform, till the Tide rofe and overturned it with all the Men, who thereby lay open . to the Sloops, and received a general Fire from them before they were able to fcamper away. Next Morning they returned to the Fort, and a large Body of them marching up to it in good Order, halted about Mufket-fliot from the Ramparts, and divided themfelves into three Ranks, and having given three great Shouts, crying out in Englijh, Fire, and fall on, brave Boys ; upon this they marched up to the Fort, and made a general Difcharge upon it all at once, Capt. Convers ordered his Men to lie clofe behind the Ramparts, and noc to make a Shot till chey were fure of doing Execution ; but when the Enemy bad fired, the Garrifon gave them fuch a 'Volley, as laid feveral of them dead upon the Spot, and diflieartned them from malcing any further Attempts upon it. But the Enemy were afhamed to draw off after this manner, and there fore refolved to try their Fortune once more upon the Sloops : Accordingly they built a kind of Fire- fhip, or Machine of "Wood, and flatting it on fire, thruft it out into the Tide ; but the Wind veering, about, carried it over to the oppofite Shore, where : 2 it NEW-ENGLAND. 1x3 it fplit in Pieces. The Indians having a\mo& fpent all theit Ammunition, and defpairing to take the Garrifon. by Fprce, fent a Fiag^pf Truce to invite them to furrender upon honourable Tqrms : But the Captain defied .them ; telling them, He was under no Neceffity to capitulate : Upon which they threatned to cut him as fmall as Tobacco by the next Morning, But they had done their worft ; and haying deftroyed all the Cattle abput the Town, they went up to the Sloops, and made one farewel .Difcharge upon them, by which they killed the only Man that was loft on Board, them, and then retired. The Enemy loft a great many Men in this Affault, and amongft the reftMonf, Labrocree himfelf, who had about his Neck a Pouch wich a Dozen Relicks, and a princed Paper of Indulgences, and. feveral other Implements of that Sorc: This memorable Aftion happened on the loth and tith of June. The .Indians being enraged ac the Lofs of fp many pf their Men, refolved to take their Revenue upon poor John Diamond tbeir Prifoner, whom they brought into the Plain, within Sighe of che Garrifon, and after they had ftripped him, they fcalped him alive ; they caftrated him ; they, flic him with Knives beivifcen his Fingers and Toes ; they made cruel Gafhes in the moft flefhy Parts of his Body, and fticking lighted Firebrands in them, they tortured hira to Death, But though the Soldiers in all the Garrifons behaved themfelves well, they could not proteft, the open Country frora the Invafions of the Enetny ; fo thac all the Eaftern Plantations were ruined and deferted, it not being fafe for them to work in the Fields, when they were in danger every Hour of being furprized by the Excurfipns of the Savages from the Woods. This -was the State of the War when the Go vernor, Si\v William Phips, arviif^d a,t New-England Vol. tl. i with 114 «r^^ H I S T O R Y yas never inftalled, .nor did he aff^me the Title for feveral Years after ; buc the great Services he' had done his Country, his uni verfal Learning and Goodnefs, together with his, venerable old Age, have at length fupplied the .Pefefts pf his fTitie, and confirmed him in this Honour .with the univerfal Confent and Approba tion of bis Country ; but I am , of Opinion, that the haftiy Advances of the College to put this Aft in Execution before it had paft through all its Forms, was no Advantage to their Caufe iri the Court pf Creat-rBritain. ' '.J^is^ppffible fome Perfons may conclude from hence that the College has now no Charter, and that, all their Afts, as, a Body Corporate, are null , and void ; for 'tis certain that Judgment being given againft the general Charter of the Country in his Majefty's Cpure of Chancery, all che fubordina'ce Corporations that derived their Powers from this Charter fell with it ; and thq Charter: having never I % been 1 16 r^^ H I S T O II Y 0/ \An. 1692. been reftored, the' Bodies Corporate that have no other Title but what they derive from hence, cari'c fubfift : I confefs I fhould have been of this Opinion, had it not been for a Claufe in the new Charter, which eflsblifhes, confirms and continues the feveral Grants that were made by Virtue of the Old one: The Claufe is as follows ; " Provided neverthelefs, and we do for us, our Heirs and Succeffors, grant and ordain, that all and every fuch Lands, Te nements and Hereditament's, and all other Eftates which any Perfon or Perfons, or Bodies Politick or Cor^iorate, Towns, Villages, Col leges, or Schools, do hold and enjoy, or ought to hold and enjoy within the Bounds aforefaid, by or under any Grant, or Eftates duly made and granted by any General Court formerly heldj or by Virtue of the Letters Patents herein before recited, or by any other lawful Right or Title whatfoever, fhall be by fuch Perfon and Perfons,, Bodies Politick and Corporate, Towns, Villages, Colleges, or Schools, their refpeftive Heirs, Suc ceffors and Afllgns, fbr ever hereafter held arid enjoyed, according to the Purport and Intent of fuch refpeftive Grant, under and fubjeft never. thelefs, to the Rents and Services thereby re ferved, or made payable, any Matter or Thing whatfoever to the Contrary notwithftanding." It appears from hence, thac che old College Charcer remains noc only in its former Force, but has now the Advantage of a Royal Sanftion, and that con- fequently the Corporation are in che legal Poffeffion of all thofe Rights, Immunities and Privileges, which the Powers.then in being conferred upon them. A few Days after ^ir William Phips's Arrival, he called a General Affembly of the Province of the Maffachufets Bay to meet at Bofton on the Sth of June following, which he opened with a very gra cious Speech, urging them to make themfelves haippy NEW-ENGLAND. iiy happy by preparing a Body of gpod Laws as faft ai? they could, which he would be always ready to pafs. Gentlemen, faid he, Tou may make yourfelves as eafy as you will for ever ; confider what may have a Tendency to your Welfare, and you may be fur^e that whatever Bills you offer to me confiftent with the Ho nour and Intereft of the Crown, P.ll pafs them readily ; I dp but feek Opportunities to ferve you ; had it not ieen for the fake of this Thing, I had never accepted of this Province, and whenever you have fettled fuch a ^ody of good Laws, that no Perfon coming after, me may make you uneafy, I fhall defire not one Day longer to continue in the Government, But for the Laws pafled in this, and the other General Affemblies, I fliall refer the Reader to tbe Abftraft of the Laws of New-England publilhed in the Appendix*. To return now to the War. When the Eaftern Indians heard that Sir William Phips was appointed Governor of New-England, they were ftruck with Aftonifhment at the Fortune of the Man ; for they knew his Original, and had fiflied and hunted many' a -wearifom Day with him in his Youth ; they were fenfible that he was capable of carrying on the War againft them with greater Succefs than his Prede- eeffors, becaufe he was acquainted with the Country, and knew all their Haunts ; but being buoyed up by the French, they made no Overtures of Peace. The Indians after the Aftion ae Wells lay ftill till the Month of July, when a Party of them fell upon fome ^ufbandmen at work in che Meadows on the North-fide of Merrimack-FSver,- and flew them. Upon Advice of this. Sir William Phips ma'rched with an Aniiy of 450 Men to Pemmaquid, and gave Orders by his Majefty's Coirimand for building one of the ftrongeft Forts thac was ever feen in America. Cape. tVing- and Capt. Bancroft Numb. IV. ¦ I 3 l^'d 1 1 ^ The H I S T O R Y 0/ (An. ,69^. laid the Foundation, and Capt. March firi-iflied it in a few Months, It was built of Stone in a qua drangular Figure, being about 737 FooC in Com pafs wiehouc che outer Wall, and 108 Foot fquare' wichin the inner One ; it had 28 Port-holes eight Foot from the Ground, and 14 Guns mounted, whereof fix were iS Pounders : The South WaU facing che Sea was 22 Fooc high, and fix broad ; the^round Tower at tbe Weft End was 29 Foot high, the Eaft Wall was 12 Foot high, the Nortii 10, andthe Weft 18, The Fort ftood about 20 Rod ffom Hi^- Water Mark, and had a Garrifbh of 60 Men for its Defence : It was called by the Name of William Henry ; but the Charge of building and maincaining ic, was fuch a Tax tipon the Country, and caufed fuch Murmurings aniong the People, as creaced Sir William a greac many Enemies,' and made him fie uneafy in his Governmene ever after ; though ic niuft be allowed eo be the beft Barrier the Province ever had, and being builc in the Heart of the Enemy's Councry, -effeftually broke all cheir Meafures by preventing their clanning wich one another, and fo broughe tbem in a litde Time tb beg a Peace, While this was doing. Major Church marched wich a Parcy of Men eo Penobfcot, and took five Indians Prifoners, after which he ravaged all the Country about Taconet, the Indians having de-'- ferted it, and fet their Fort on Fire, The next Spring Sir William fent 350 Men to Wells, to reinforce Captain Convers, to whom he gave a Major's Commiflion, and the Coriiraarid in Chief of all the Eaftern Garrifons, for his brave Defence of diat Place the laft Year, The Major being informed of a Party of the Enemy that lay lurking in the Woods, furprized them all, and put the chief of them to the Sword, by way of Repri- fal, for a Family which they hail murdered at O^^r River; from hence he mardhed with his new NEW-ENGLAND. iig new Reinforcernent to Pemmaquid, and failing up Sbeepfcote Rjyer, fcoured the Woods as far as Ta conet ; but not meeting with any of the Indians, he returned eo Saco, and laid che Foundation of a Fort there, which vjfas ^fcerw^rds finifhed by Major Hook and Major Hill, and was of greac Service to che Province. IThe Indians, pn ehe other hand, plun dered ^ahoag, a fmall Village in che Road toCon- neCiicut,^ and carried off feveral Prifoners ; buc ehe neighbouring Towns upon che, River, taking che Alarm, fent out a flying Parcy of Horfe after chem, ^yho purfuing them by their Track to a greac Swamp, difmounted, and leaving cheir Horfes at the Encrance of the Swamp, furprized the fecure Enemy, recovered che Prifoners, and put moft of the Indians to the Sword. But the low Clrcun|ftances of the Affairs of the Englifh and Indians, at this Time, made both Sides incline to a Peace. The Englifh Government was weakened, by the Confufions occafioned by pre tended Witchcrafts, which were come to fuch an Height, that every one began to fufpeft his Neigh bour ; the Taxes were heavy, having been much increafed of late, for building and maintaining their new Fort; and Trade was very much de cayed, fo that the Hearts of the Peo.ple began to fail. The Indians, on the other hand, were not only deferted by the French, who were not capable ae this Time of fupplying them wich Ammunition and Provifions as formerly, buc were very mach ftraitened by the, new Fores ; and which was :v\?orft of all, chey were afraid of an Invafion from ehe Maquas, a formidable Nation inhabiting ehe Re gions towards the W^fi^s who having learned ehe Ufe of Guns before their Neighbours, are faid eo. have deftroy'd above two Millions of Natives in habiting the Country between them and the River Miffifftppi. Thie .Reafon of ^eheir Fear was, becaufe I 4 " they 120 The HIST ORY of [a». 1693, they found fome of their Squa's on that Side of the Country murdered upon a Whortleberry Plain. The Indian Segamores had a French Friar among . them at this Time, who did whatever lay in his Power to perfuade them to continue the War ; but the melancholy Situation of their Affairs forced them, to make Propofals of Peace, which, after fe veral Meetings of Commiffioners on both Sides at ,Fort Pemmaquid, was concluded on the following Conditions : * The Submiffion and Agreement of the Eaftern Indians at Fort William Henry in Pemmaquid, the nth Day of Auguft, in the Fifth Tear of the Reign of cur Sovereign Lord and Lady William and Mary, by the Grace of God, of Englarid, Scotland, France and Ireland, King and ^edn. Defenders of the Faith, i^c. 1693. *' VV Years now paft been made and carried " on by the Indians within the Eaftern Parts of the " faid Province, againft their Majefties Subjefts «» the Englifh, thro' the Inftigation and Influence " of the French, and being fenfible of the Mife- •* ries that we and our People are reduced unto " by adhering to their ill Counfel ; We whofe *' Names are hereunto fubfcribed, being Segamores, " and chief Captains of all the Indians belonging " to the feveral Rivers of Penobfcot and Kennebeck, " Amonofcogging and Saco, Parts of the faid Province *• of the Maffachufets Bay, within their faid Ma- " jefties Sovereignty, having made Apphcation to " his Excellency Sir William Phips, Captain Ge- " neral and Governor in Chief in and over the *' faid Province, that the War may ,be puc to an *' End, do lay down our Arms, and eaft ourfelves *' upon their faid Majefties Grace .and • Favour. *' And N E W-E N G LA N D. 121 ** And each of us refpeftively for ourfelves, and in *' the Name and with the free Confent bf all the " Indians belonging unto tbe feveral Rivers afore- " faid, and of aU other Indians viiihS.n the faid " Province, of and from Merrimack River, unto " the moft Eafterly Bounds of the faid Province, " hereby acknowledging our hearty Subjeftion and 'f Obedience unto the Crown of England; and do *' folemnly covenant, promife, and agree to and " with the faid Sir William Phips, and his Succef- " fors in the Place of Captain-Gcneml, and Go- " vernor in Chief of the aforefaid Pi-ovince orTer- " ritory, on their faid Majefties Behalf in manner " following, viz. . " That at all Time and Times for ever, from " and after the Date of thefe Prefents, we will *' ceafe and forbear all Afts of Hoftility towards *' the Subjefts of the Crown of England, and not " offer the leaft Hurt or Violence to them, or any " of them, in their Perfons or Eftate, but will " henceforward hold and maintain a firm and con- " ftanc Amity and Friendfhip with all thsEngiifh. " Item, We abandon and forfake the French In- *' tereft, and will not in any wife adhere co, join '" with, aid or affift them in their Wars or Defigns " againft the £w^/?)^; nor countenance, fliccour, or *' conceal any of the Enemy Indians of Canada, or " other Places, chac fhall happen to come co any " of our Plantations within the Englfto Territory,. *' but fecure them,, if in our Pov.'er, and deliver " them up to the Englifto. " That ail Englifh Captives in the Handc or " Power of any of the Indians within the Limits •' aforefaid, fhall with all poffible Speed be fet at •' Liberty, and returned home without aiiy Kan- *' fom, or Payment to be made or given for them, ?' or any of them. -,:,, " Triat 122 The HISTORY of [A, ,693. " That their Majefties Subjefts the Englifh fhall " and may peaceably and quietly enter upon, im- " prove, and for ever enjoy all and fingular their *' Rights and Lands, and former Settlements, and " Poffeffions within the Eaftern Partg of the faid " Province of the. Maffachufet Bay, withqut any *' Pretenfions or Claims by us, or any other In- " dians, and be in no wife molefted, interrupted, *' or difturbed therein. " Tbat all Trade and Commerce which liere- *' after may be allowed between the Euglifh and *' Indians, fhall be under fuch Management and *' Regulation, as may be ftated by an Aft of the " General Affembly, or as the Governor of the *^ faid Province for the Time being, with the Ad- " vice and Confent of the Council, fliall fee Caufe " to direft and limit, " If any Controverfy or Difference at any Time " hereafter happen to arife between any of the " Englifh and Indians for any real or fuppofed " Wrong done on one Side or the other, no pri- " vate Revenge fliall be taken by tbe Indians for *' the fame, but proper Application fhall be made' " to their Majefties Government upon tlje Place *' for Remedy hereof in a due Courfe of juftice; " we hereby fubrnitting ourlelves to be ruled and " governed by their Majefties Laws, and defire to " have the Benefit of the fame. " For the more full Manifeftation of our Since- *' rity and Integrity in all c^iae which we have *' herein before covenanced and promifed, vye do *' deliver unco Sir William Phips, their Majefties *« Governor as aforefaid, Ahaffombamett Brother to " Edgeremett, Wenongahewitt Coufin to Madocka-^ *' wando , and Edgeremett, and Bagatawawongon, *' alfo Sheepfcoat John, to abide and remain in the «' Cuftody of the Englifh, where the Governor .flaali *' direft, as Hoftages or Pledges for our Fidelity,' " and Piece of the Blade oijJt of her Breaft, and fhewed ic in Courc ; buc chere was a young Man prefenc, who feeing ehe Blade, had the Honefty and Courage to claim it for his, . * Part V. /, 168, t ^^r. Calef, Pert V. /. 154. •• I and N E W-E N G L AN D. 129 and to declare before the Judges, that he broke his Knife but the Day before, and threw away that Part of the Blade in the Prefence of the afflicted Per fon, but tbat he had the Handle with the other Part of the Blade in his Pocket, which he deliver'd into Court, and upon comparing them together they were found to be Pares of che fame Knife 5 upon which the Judge only reprimanded her, and bid her cell no more Lies *. And the Rev. Mr. Hale Minifter of Beverly two Miles from Salem, who was prefent at the Examinations of feveral of the AffiiCied, fays, -f- that he will not fiy, but fome of them might counterfeit Part of their Sufferings. 'Tis certain, that thefe fufpefted Wizards and Witches were convifted on very flender Evidence ; for the Court allowed the Witneffes to tell Stories of 20 or 30 Years ftanding, about over-fetting of Carts, the Death of Cattle, Unkindnefs to Rela tions, or unexpefted Accidents befalling after fome Quarrel; all that was alleged againft them to the Purpofe being either from the diftempered Perfons themfelves, or from thofe, who had been frighted into a Confeffion of their being Witches, by the Threatnings of the Magiftrates, or encouraged to it with Hopes of Mercy. But that the Reader may judge for himfelf, I'll fet before him two or three of the Trials of chefe unhappy Perfons, out of Dr. Cotton Mather's Won ders of the invifible World, publiflied by Command of liis Excellency Sir William Phips, wich the Re commendation and Thanks of Lieuc. Gov. Stoughton^ and the Approbation of the Judges and Minifters, with fome few Abbreviations, * Mr, Calef, Part V. p. loi, loz. ¦)¦ Modeft Enquiry after Witchcraft, /. 53, Vol, II. K "SJ^nA 130 The HI STOR Y of y„. ,6^,2. * Effex ft". The Indictment of George Burroughs, Clerk. ¦Anno Regni Regis ^ Regina Wilhelmi &f Mariae^ «awAngliae, &c. quarto. The Jurors for our Sovereign Lord and Lady the King and Queen, prefent, TH AT George Burroughs, late 0/, Falmouth, in the Province of the Maffachufec-Bay in 'New-England, Clerk, the gth Day of May, in the fourth Tear of the Reign of our Sovereign Lord and Lady William and Mary, by the Grace of GOD, of England, Scotland, France and Ireland, King and ^een. Defender's of the Faith, Sec. and divers otb^r Days and Times, as well before as after, certain de- . teftable Arts called Witchcrafts, and Sorceries, wickedly and felonioufly hath ufed, praClifed, and exercifed at, and within the Townfhip of Salem, in the[County of Effex aforefaid, in, upon, and againft one Mary Wolcoec, of Salem Village in the County of Effex, fingle Woman, by which" faid wicked Arts the faid IVfery Wolcoec, the ninth of May' in the fourth Tear ahovefaid, and divers other Days and Times, as well before as after, was, and is tortured, affH^ed, pined, confumed, wafted and tormented, againft the Peace of our Sovereign Lord and Lady the King and ^een, and againft the Form of the Statute in that Cafe made and provided. Endorfed by the Grand-Jury, Witneffes. Billa Vera. Mary Wolcoec, Sarah Vibber, McrCy Lewis, Anne Pucnam, Elizabeth Hubbard. There N E J^-E N G LAND. 131 There was alfo a Second Indiftment for afflifting Elizabeth Hubbard. A X^ird Indiftment for afflifting Mercy Lewis. And a Fourth for affiifting Anne Putnam. The Witneffes the fame as above, only Mary ^,0rr^a, -vj^as added tothe laft. The Jifidges ac this and ehe pther Trials were Lieueenant- Governor Stoughton, Major SaltonftaU, Major Richards, Major Gidny, Mr. Wait Winthrop, Capt, SewaU, and Mr, Sejeani, or a Shtorum of thern. Mr. Burroughs was brougnt uppn his Trial Ait- gHfk S^ 1692, and to fupporc the Charge there ap peared thefiive or fix diftempered iPcrfohs mention ed in the Indiftment, and about eight confeffmg Witches, who fwore, that he was a Head-Aftdr ac fome of their hellifli Rendezvous, and bad ehe Promife of being a King in Satan's Kingdorn now going to be erefted. He was accufed by nine Per fons, for Feats of extraordinary Strength, which could nop be done without a diabolical Affiftance, The Bewitched Perfons unanimoufly charged the Speftre of the Prifoner to have a Share in their Torments ; one of them faid, that in her Agoniea a little blapk-hah'd Man came to her faying, his Name was B -, and bid her fee her Hand to a Book wllicli he fhevved her, bragging that he was a Conjuror above the ordinary Rank of Witches ; thac he often perfecuted her with the Qffer of that Book, fayingj fhe fhould be well, and fear no-body, if fhe would but' figri it, and that he inflicted cruel Pains anff |iures upgn her, becaufe of her denying fo co do. ' ¦ ¦ - , Others pf them teftified, that- in their Torments the Prifoner tempted them to go to a Sacrament, to which chey perceived him with tf^e Sound of a Trumpet fummoning other Wicches, who quickly after the Sound came from all Quarters to the Ren- dez,vous ; one of them falling into a kind of Trance, ' K 2 afters 132 The HIST ORY of ia„. 1692. afterwards affirnied, that the Prifoner had carried her unco the Top of a very high Mountain; where he fliewed her mighty and glorious Kingdoms, and faid he would give tbem all to her, if fhe' would write in his Book ; but lhe refufed. Several of the Bewitched declared, that they had been troubled with the Apparitions of two Women, who faid, they had been the Prifoner's Wives, and that he had been che Deach of chem, and that the Magiftrates muft be told of it, and if he denied it upon his Trial they did not know but they fhould appear in Courc. Now, while he was upon his Trial one of the bewitched Perfons was eaft inco an Horror ac the Ghofts of ehe Prifoner's two Wives then ap pearing before him, and crying for Vengeance againft him ; hereupon feveral of the Bewitched were fucceffively called in, who all not knowing what the former 'had feen and faid, concurred in the Horror of the Apparition, which they affirmed the Prifoner had before his Eyes ; but he utterly denied that he difcerned any Thing of it. It coft the Court a great deal of Trouble to hear the Teftimonies'of the Afflicted, for when they were going to give in their Evidence, they would be taken with Fits, which hind red their fpeaking a confiderable Time; the Chief Judge afked the Pri foner, Who he thought hindred thefe Witneffes from giving in their Teftimonies ? And he anfwer^ ed, he fuppofed it was the Devil. The Judge re plied. How comes the Devil fo loth to have any Teftimony borne againft you ? Which eaft him into a very great Confufion. The Confeffmg-Witches teftified, that the Prifoner had been ac Witch-Meetings with them, and had feduced and compelled them to the Snares of Witch'* craft, that he promifed them fine Cloaths for doing it, that he brought Puppets to them, arid Thorns to ftick into thofe Puppets for the afflifting other People, NEW-ENGLAND. 133 People, and that he exhorted them to bewitch all Salem-YiWaoe, but to do it gradually. But befides the Teftimonies of the Afflicted, fe veral Perfons of Credit and Honour appeared in Court, and witneffed, that though the Prifoner was but a puny Man, yet he had done Things beyond the Strength of a Giant ; that he made nothing of taking up a Gun of about feven Foot Barrel behind the Lock with one Hand, and holding it out at Arms-end. The Prifoner in his Vindication faid, that there was an Indian in the Company that did the fame Thing, buc the Court fuppofed the Black Man might be the Perfon that gave him chac Aflift ance. There were two Wieneffes thae fwore, chac wich opiy pucting che Fore-Finger of his Right- Hand into che Muzzel of a Fowling-Piece of about fix or feven Foot Barrel,' he lifted ic up, and held it out at Arms-end. Another teftified, that he made nothing of taking up whole Barrels filled with Melafl^s Or Cyder, in very difadvantageous Pofturcs, and carrying them through the difficulteft Places out of a Canoe to the Shore. Others teftified, that he had been a cruel Huf- band to his Wives, that he ufed all Means to make them write, fign, feal, and fwear a Covenant never to reveal any of his Secrets j and that his Wives had often complained to their Neighbourhood, pf their Houfe being troubled with evil Spirits. Mr. i2af/^ Brother-in-Law to the Prifoner teftified, that Mr. Burroughs and his Wife going out with him two or three Miles to gather Strawberries ; he viith Borroughs*sWife rid home foftly to keep Com pany with the Prifoner who was on Foot ; but the Prifoner ftepp'd afide a liccle into the Buflies, whereupon they halted, and hollowed for him ; buc he noc making chem any Anfwer, they went home wards with a quicl^ned Pace, not expeft ing to fee him in a confiderable Time, but when they were K 3 near 134 T/'f H I S T O R Y of yin. i6c)z. near home, to their Aftonifliment they found him on Foot with them with a Bafl^et of Stawberries j the Prifoner immediately chid his Wife for what fhe had faid of, him to her Brother on the Road, which when chey woncered ar, he faid, he knew their Thoughts ; Ruck replied, that was more than the' Devil himfeif kn- w, but the Prifoner an* fwered. My GOD makes known your Thoughts to me : The Prifoner making no Reply to tbis worth con-" fidering. Dr. Mather fays, the Court were of O- pinion. That he then ftepped dfide only thai by the Affiftance of the Black Man he nfight put on his In- vifibility, and in that facinating Mifi gratify his O'Wn jealous Humour to hear what they faid of him. The Prifoner, it feems, nftade but a weak De fence full of Contraidiftions and Falfhoods, refleft- ing on the Reputation of fome of the Witneffes; he alfo deUvered in a Paper to the Jury, wherein he endeavoured to prove. That there neither are, ¦nor ever were Witches, that having made a CdmpdCl with the Devil, can fend a Devil to torment other People at a Diftanee ; but nocwithftariding this, dr any Thing elfe he could fay for himfelf, the Jury brought him in guilcy ; when Sentence of Dealih was paffed on him, he denied ;again what the Wit neffes had all fwore againft him, but added, that he did noc fo' much blame che Judges a:nd Jury for condemning him, as the faife Witneffes chac brOughe him to his Death. Bridget Bifhop, alias Oliver, Wife of Edward Bifhop, of Salem, Sawyer, was tried upon five feveral Jndiftments, June 2, 1692, for ufing, certain de teftable Arts called Witchcrafc, in, upon, and agaiiift Mercy Lewis, Abigail Williams, Mary Wolcott, Eii-- zabeth Hubbard, and Anne Putnam ; to all which lhe pleaded. Not guilty. The Witneffes produced to fupport the Chafke were, Firft, the Bewitched Ferfons thetnfelves, who teftified, N E W-E NG LA N D. 135 teftified, that the Shape of the Prifpner did often times pinch them, choak them, bite, and afilift them, Wging them to write their Name in a Book which , the Speftre called Ours. That when the Prifoner was firft examined, in Order to her Com mitment, they, (viz.) the Afflicted, were ftruck down into a Fit, and could not recover till fhe came and touched them, and feveral of them fell into Fits while lhe was now at ehe Bar. Secondly, Deliverance Hobbs, who had confeffed herfelf a Wicch, eeftifiqd, ehaC the Prifoner tempted her to fign the Book again, and to deny what fhe had confeffed, and chat the Shape of the Prifoner whipped her with Iron Rods to force her to it, and that the Prifoner was at a General Meeting of Witches in a Field near Saiem-Y'iWage, and there partook of the Sacrament wich them. Thirdly, John Cook teftified, that about five or fix Years ago he was affaulced wich che Shape of the Prifoner in his Chamber, and fo terrified, that an Apple that he had in his Hand flew ftrangely from him into his Mother's Lap fix or eight Foot Dif- ftance. Fourchly, Samuel Gray teftified, that about four teen Years ago he waked one Night, and faw his Roora full of Light, and a Woman between the Cradle and Bed-fide; he got up but found the Doors faft, and the Apparition vanifhed ; however the Child in the Cradle was fo frighted that ic pined away, and in fome Time died. He confef fed he had never feen the Prifoner before, but was now fatisfied that it was her Apparition. Fifthly, John Bly and his Wife teftified, that he bought a Sow of the Prifoner's Hufband, but being to pay the Money to another, flie was fo angry that flie quarrelled with Bly, and foon after the Sow was taken with ftrange Fits, jumping, leaping, and knocking her Head againft the Fence, ' K 4 which 136 r/&^ H I S T O R Y of lAn. 1692. which made the Witnefs conclude, that the Pri foner had bewitched it. Sixttily, Richard Coman, teftified, that eight Years ago he was terrified with the Speftre of the Prifoner and others, who fo oppreffed him in his Bed that he could not ftir Hand or Foot, but call ing up fome-body to come to his Affiftance, as foon as the People of the Houfe fpoke, the Speftre va nifhed, and all was quiet. Seventhly, Samuel Shattock teftified, thac in the Year 1680, the Prifoner often came to his Houfe on frivolous Errands ; foon after which his Child was taken with ftrange Fits, and at laft loft his Underftanding; the Fits were manifeftly Epileptick, buc che Witnefs verily believed ic was bewitched by the Prifoner. Eighthly, John Loader teftified, that upon fome little Controverfy wich the Prifoner about her Fowls, going well to Bed, he awoke in the Night, and faw the Like nefs of this Woman grievoufly oppref- fing him, Anoeher Time he was troubled with a black Pig, buc going to kick it, it vaniflied. A- nother Time as he was fitting in his Room, a black Hobgobling jumped into the Room, which fpake to him thefe Words, I underftand you are troubled in Mind, be ruled by me, and you fhall want nothing in this World. But when he endeavbured to ftrike it, there was nothing ; upon this he ran out of his Houfe, and faw the Prifoner in her Orchard, but had not Power to fpeak to her, buc concluded his Trouble was all owing Co her. Ninthly, William Stacey teftified, the Speftre of the Prifoner had play'd him feveral Pranks of the fame Nature with the former ; for Example, having receiv'd fome Money of the Prifoner for Work, he Jiad not gone above three Rods from her, but it was gone from him; fome Time after, difcourfing with the Prifoner about grinding her Grift, he had not NEW-ENGLAND. 137 not gone above fix Rods from her with a fmall Load in his Cart, but the Off-Wheel funk into a Hole on plain Ground, that the Deponent was forced to get Help for the Recovery of it, but ftepping back to look for the Hole, there was none to be found. Another Time, as he was going home in a dark Night, he was lifted up from the Ground, and thrown againft a Stone- Wall, and after that, he was hoifted up, and thrown down a Bank at the End of his Houfe. Laftly, John and William Bly teftified, that being employed by the Prifoner to take down her Cellar- Wall, they found feveral Puppets made of Rags and Hog's Briftles with headlcfs Pins in them, the Points being outwards. Befides all this, a Jury of Women was empannelled to fearch her, who found a preternatural Teat upon her Body, but upon a fecond Search three or four Hours after, there was none to be found. Perhaps the, Reader may be curious to know what thefe preternatural Teats or Marks of the Devil were ; I'll therefore- tranfcribe the Account the Rev. Mr. Hale has given of thera : " He tells us, from Tertullian, that it was *' the Devil's Cuftom to fet a Mark upon his Vo- *' taries; and from Bernard, that this Mark is in- *' fenfible, and being pricked it will not bleed ; *' fometimes 'tis like a Teat (and then the Devil *' fucks or touches it,) fometimes 'tis a bluifh *' Spot, fometimes a red one, and fometimes the " Flefli funk. He adds concerning thefe Witches " of Salem, that fundry of them declared they " had fuch Marks upon them ; one had one in her " Head, which lhe faid the Devil in the Likenefs *' of a Bird, came daily and pecked or fucked. I " faw the fore Place (fays Mr. Hale) and there *' was nothing to be feen, but what was common " in other Sores. Another faid, lhe had the Devil's ** Mark in her Leg, which was a blue Spot as " broad 138 . The HIST ORY of .jAn. .692. *' bfoad as a Shilling ; her Hufband faid he faw the *' Spot, but lictle fufpefted it to be the Devil's " Mark • .Others bad Sores on other Parts of their ' *', Bodies, which they faid tbe Devil fucked; but by *' all that Mr. Hale could learn from them that *' faw them, there was nothing that look'd like a *' preternatural Caufe ; and therefore concludes very " wifely, that thefe Marks are fo far from being *' Ground of Conviftion, , that they ought not to *' be admitted as Matter of Sufpicion*." But upon this Evidence, the Prifoner, notwith ftanding any thing fhe could fay in her own De fence, was convifted, and executed, SUSANNA MARTIN indifted June 29, 1692, of the like Crimes of Witchcraft and Sorcery on the Bodies of Mercy Lewis, Anne Putnam, &c. to which fhe pleaded. Not guilty. At her Com mitment fhe was afked by the Juftice, Magiftrate. Pray what ails thefe People ? Martin. I don'e know. Magift. Buc whae do you think ails them .' Martini I don't defire to fpend my Judgment upon ic. Magifl. Don't you think chey are bewicched ? Martin. No. I don't think they are. Magift. Tell us your Thoughts about them then ? Martin. No. My Thoughts are my own when they are in, but when they are out they are ano ther's. Their Mafter — Magifl. Their Mafter ; who do you think is their Mafter ? Martin. If they deal in the Black Art, you may know as well as I. Magifl. Well, what have you donetovj^ards this? Martin. Nothing ae all. Magift. Why, 'tis your Appearance ? .._ * Modeft Enquiry, i^c. ^71, 73. / Martin. N E W-E N G LA N D. 139 Martin. I can't help it. Magifl. Is it not your Mafter ? How comes ypuf Appearance to hurt therin ? Martin. How do I know ? He that appeared in tbe Shape^of Samuel, may appear in any one's Shape. But the Afflicted falling into their Fits when fhe did but look uppn them, fhe was afked the Reafon of it, and anfwered-, fhe cmld not tell, it may be the Devil bore her more Malice than another. Sp fhe was committed, and being brought to her Trial, the following Witneffes appeared to fupport the Charge of Witchcraft againfl her, befides the Accufations of the AffiiCled. John Allen of Salifbury teftified. That he refufing to cart fome Staves at the Requeft of the Prifoner, becaufe of the Weaknefs of his Oxen, fhe was angry, and told him it had been as good he had, for his Oxen fhould not do him much more Ser vice : He replied. Do you threaten me, you old Witch ? I will throw you into the Brook. Upon which fhe run away ; but his Oxen foon after run wild, and beirig purfued, ran into the Sea, and were all drowned except one, near the Mouch of Merrimack River. Bernard Peache teftified. That as he lay in his Bed one Night the Prifoner jumped in at Window,, took hold of his Feet, and drawing his Body into a Heap, lay upon him for two Hours, fo that he could neither fpeak nor ftir ; but at laft he caught hold of her Hands, and bit three pf her Fingers to the Bone, whereupon fhe- went down Stairs, and out of Doors ; but the People of the Houfe faw nothing, only there was a couple of Footfteps on the Outfide of the Door. John Kembal teftified. That upon a fmall Dif guft, the Prifoner had told him his Cow fliould not do him any nxire Good, and it died next Morn ing; 140 . The HIST ORY of ia„. 1692. ing : And another Time refufing to buy one of the Prifoner's Puppies, he was foon after frighted with a black Dog as he was coming out of the - Woods, which flew upon him, and as he thought would have tore out his Throat, but naming the Name of Chrifl it vanifhed away ; which he judg ed to be a Piece of the Prifoner's Black Art to re venge herfelf on him for not buying her Puppy. Sarah Atkinfon ceftified. That the Prifoner came from Amefbury on Foot to her Houfe at Newbury in an extraordinary Seafon, when it was not fit for anyone to travel, and yet the Soles of her Shoes were hardly wee ; Atkinfon was amazed, and faid, flie fhould have been wee up to the Knees, if lhe had come fo far, but the Prifoner replied, fhe fcorned to be drabled. Dr. Mather fays, it was obferved this Evidence put her into fingular Con fufion. John Preffy teftified, That being one Night be wildered near a Field of the Prifoner's, he faw a marvellous Light about tbe Bignefs of a half Bufhel about two Roods out of the Way. He ftruck at it with all his Might, and felt it a palpable Sub ftance, but going from it his Heels flew up, and he thought he had been falling into a Pit, but after wards upon Search there was really no Pit in tbe Place -, having after his Recovery gone five or fix Roods further, he faw the Prifoner on his Left- Hand, but exchanged no Words with her: He was fo frighted with all this, thae he could fcarce find his Way home, but he heard nexc Day that the Prifoner was fadly hurt. He faid further, that having given in fome Evidence againft che Prifoner fome Years ago, lhe had told him, he would never profper, nor never have above two Cows ; which accordingly came to pafs, for he never could get more in twehty Years, The N E W-E NG LA N D. 141 The chief Defence the Prifoner made for her felf was, that fhe knew nothing of all thefe Things, but had led a virtuous and holy Life. Dr. Mather fays, fhe was one of the moft impudent, fcurrilous, and wicked Creatures in the World ; which Mr. Calef denies *. The Jury however brought her in Guilty. I can't forbear making one Remark upon thefe, as well as upon all the Trials that Dr, CottonMather has publiflied to the World on this Occafion ; that when he has given us the Depofitions of the Wit neffes againft the Prifoners at large, he paffes over their Defence in fuch general Words as thefe. They faid nothing worth confidering ; their Difcourfe was full of Tergiverfations and Contradictions ; they were confounded, and their Countenances fell, &c. whereby his Reader is left in the Dark, and rendred unca- pable of judging of the Merits of the Caufe ; ¦ if the Defence of the Prifoners was fo weak and confufed as the Doftor reprefents, ic had been for the Ad vantage of the Court to have expofed it ae large to the World ; but if noc, 'tis very hard that ic fhould be fmothered. But upon fuch Evidence as this, 28 Perfons re ceived Sentence of Death, of which 19 were exe cuted, and one (namely) Giles Cory was preffed to Death, The Names of them that were executed were, Bridget Bifhop, executed Jww the loth, Sarah Good, and Rebecca Nurfe of Salem Village, SufansSb Martin of Amefbury, Elizabeth How of Ipfwich, Sarah Wildes of Topfhields, executed the 19th of July, The Rev, Mr. George Burroughs, John Procter, John Willar4 of Salem Village, George Jacobs Sen. of Salem, Martha Carryer of Andover, executed the 19th of Auguft. 5 Calef,/. 139. Martha 142 T/l,^ H I S T. O p. y 0/ [^«. ,69^. Martha Cory-, Mary Eafly, Alice Parker, Anne Pudeater, Margaret Scott, Wilmet Redd, Samuel ¦War dwell, and Mary Parker, executed the 2 2d of September. ' Their Charafters, and dying Behaviour was as ¦fpllpws. Bridget Bifhop, alias OUver, had long undergone , the" Repute of a Witch, occafion 'd by the Acbufa- ¦ tions of one Samuel Gray, who about twenty Ye^rs before had charged her with fuch Criraes ; but tho' Gray upon his Death-bed teftify'd his Sorrow aiid Repentance fpr fuch Accufations, as being wholly • groundlefs, yet the Report never wore off, and be ing now accufed afrefh, and upon Search, a Teat being found upon her, as forne fay, tho' others, it feera?, a, few Hours affer cpuld fee npthing of it, lhe received Sentence pf Death, but went out of the World withoiit the leaft Confeffion of any thing relating to Witchcraft. Sarah Good had been accounted a melancholy diftemper'd Woman for a long Time. At her Exe cution Mr. Noyes urged her to confefs, telling her fhe was a Witch, and ftie knew fhe was fo ; to which fhe replied. You are a Liar, I ara no more a Witch than you are a Wizard, and if you take aW;ay my Life, Gpd will give you Blopd to drink, .f Rebecca Nurfe vehemently afferted her Inno- .cence, bpth when fhe was apprehended and brqught upon her Trial ; and the Jury were fo diffatisfied with the Evidence produced againft her, that they brought her in Not Guilty. Whereupon afl the Ac- cufers in Court, and a little after all the Afflifted out of Court made a hideous Outcry, to the A- mazement of all the Speftators ; the Court, alfo was ftrangely furprized. The Chief Judge, faid, he would noc impofe upon the Jury, but intimated, as if they had not well confider'd one Expreffion of * Calef, &<:. p. 102, 10.3, I the N E W-E N G LAN D. 143 the Prifoner's, namely, that when one Hobbs, a con feffmg Witch, was brought in as Evidence againft her, lhe turned her Head about, and laid. What' do you bring her, fhe is one of us. This, together wich the Clamours of the Accufers, induced the Jury to go out again ; but not agreeing upon their Verdift, theyvcame into Court, and defired the Pri foner at the Bar to explain that Expreffion. But the poor old Woman being hard of bearing, and in a very great Fright, faid nothing; upon which they immediately brought her in Guilty. But when lhe was inform'd what Ufe was made of her Si lence, fhe put in thci following Declaration into Court. * fT^HESE Prefents do humbly fhew to lhe * X Honoured Court arid Jury, that I being in- ' form'd, that the Jury ibrought me in Guilty, * upon my faying, that Goodwife Hobbs and her * Daughter were of our Company ; but 1 intended ' no otherwife, than as they were Prifoners with * us, and therefore did then, and yet do judge ' * them not legal Evidence againft their Fellow- * Prifoners ; and I being foraething hard of hear- * ing, and fuH of Grief, none infPrming me how * the Court took up my Words, and therefore had * not an Opportunity to declare what I intended ' when I faid they were of our Company.' Rebecca Nurfe. But it was now too late ; the Governor indeed was fo moved with her Cafe, that he granted her a Reprieve, but fuch were the difmal Clamours of the Accufers, that he was forced to recal ic ; fo (he wasfirft excommuniqaced-^, and then executed with the reft. She was a pious Woman, a Member of the Church of Salem, and had innumerable Tefti- monials of her , Chriftian Behaviour, through the :: ¦ . ' whole 144 The HISTORY of -^An. 169? whole Courfe of her Life, under the Hands of moft credible Perfonsl ' Her Behaviour in her Fa mily was very exemplary. Her Care in the Edu cation of her Children, and fetting them good Ex amples very extraordinary, and at her Execution ftie behaved herfelf with all the Gravity and Se- rioufnefs of a Chriftian. It was at her Trial that one of the Accufers cried out publickly of the Rev, Mr. Willard, Minifter in Bofton, as afflifting her ; but lhe was fent out of Court, and it was told about, that lhe was miftaken in the Perfon, The Rev, Mr. Burroughs had been formerly Mi nifter at Salem, but fome Differences arifing be tween him and his People, he left them, and re tired to Falmouth, which perhaps might be one Reafon of his being fix'd upon by thefe Salemites for a Wizard. Dr. Mather fays he was a puny Man, but Mr. Calef* fays, thac bis Cotemporaries at School, during his Minority, could have tefti fied, that his Strength was then as much fuperior to , theirs, as ever it was difcovered to be fince. Upen the Day of Execution, he was carried with the others in a Cart through the Streets of Salem to the Gallows. When he was on the Ladder f , he made a Speech for the clearing of his Innocence, with fuch folemn and ferious Expreffions, as were to the Admiration of all' prefent. His Prayer (which he concluded by repeating the Lord's Prayer) was fo well expreffed, and utter'd wich fuch Compofure and Fervency of Spirie, as drew Tears from ehe Speftaeors, infomuch chat fome were afraid they would hinder the Execution ; but the Accufers faid, the black Man ftood by and dic tated to him. When he was cut down, he was dragged by the Hal cer to a Hole or Grave between the Rocks about two Foot deep, his Shirt and * Calefw/£f Pref. -f Uid. ¦g. 103, 104. I Breeches N E tV-E N G L A N D. 145 Breeches being pulled off, and an old Pair of Trou- fers put on in their Room, he was tumbled in with Willard and Cafryer, pne of his Hands and his Chin, and a Foot of another of them being left un covered. When John Procter and his Wife were carried to Prifon, the Sheriff feized all their Houfhold Goods,. * Provifions and Cattle, which he fold, and put the Money in his Pocket. He threw away tbcBeer out of a Barrel, and carried away the Barrel, emptied a Pot of Broth, and took away che Por, and lefc noching in the Houfe for the Supporc of the Children. ProCier begged hard for a Reprieve, as appears by the moving Leccer he wric co che Minifters of Bofton, which che Reader will fee by and by ; buc ic was noc granted. Ac his Execucion, he earneftly requefted Mr Noyes to pray wich, and ' for him ; but ic was denied, becaufe he would not confefs himfelf a Wizzard. His Wife was con-, demned with him, buc efcaped by pleading her Belly. John Willard had been c nployed as a Meffenger -f* to fetch in feveral that were accufed, buC being unwilUng at laft to, apprehend fome thac he had better Thoughts of, he declined the Service, and prefently after was himfelf accufed of the fame Cripe, and that with fuch Vehemency, thac they fent after him as far as Najhdwag iorty Miles- from Salem, where they overtook him as he w^s making his Efcape out of the Country ; 'cis fxid, the Ac cufers told the exaft Time when he was appre hended, faying, iVuiu Willard is taken; he was con vifted by the Speftral Evidence, and executed wih Mr. Burroughs and the reft, George Jacobs, Sen, being condemned, the She riff's Officers 4: came and feized all he had, even to his Wife's. Wedding-Ring. Hard was the Cafe * Ihid.'g, 104, lOj. f IbU. -p. 104., % Calef, p. loj. Vol. II. L of 146 The JI I S T O R Y of- {An. 1692. of this Old Man ! who was convifted by the Evi* dence of his own Grand-Daughter, who to fave, her own Life, confeffed herfelf a Witch, and was fjrced to appear againft her own Grand-Father, and Mr. Burroughs ; the Day before their Execu tions flie came to Mr. burroughs, and acknow ledging her Guilt, begged his Pardon on her Knees, who noc only forgave her, buc alfo prayed wich, and for her. The Day afcer cheir Execucions fhe wroce che following Letter to her Father. Honoured Father, ' /\ F T E R my humble Duty remembred to /\ ' you, hoping in tbe Lord of your good ' Health, as bleffed be God 1 enjoy, though in ' abundance of Affliftion, being clofe confined here ' in a loathfome Dungeon, the Lord look down in ' Mercy upon me, not knowing how foon I fhall ' be put to Death, by Means of the afflifted Per- ' fons ; my Grand-Father having fiiffered already, ' and all his Eftate feized for the King. The Rea- ' fon of my Confinement is chis, I having, thro' ' che Magiftrates Threatnings, and my own vUq « and wretched Heart confeffed feveral Things con- ' trary to my own Confcience and Knowledge, tho* ' to the wounding of my own Soul, the Lord pa^:dQn * me for it ; buc oh I the Terrors of a wounded Con- ' fcience who can bear I but bleffed be the Lord, ' he would noc let me go on in my Sins, but in ' Mercy, I hope, to my Soul, would not fuffer me ' CO keep it in any longer, but I was forced to con- • fefs the Truth of all before the Magiftrates, who ' would not believe me, but , 'tis their Pleafure to ' put me here, and God knows how foon I fliall ' be put to Death. Dear Father, let me beg yoiir ' Prayers to the Lord on my Behalf, and fend us a ' joyful and happy Meeting in Heaven. 'My Mother, ' poor Woman, is very crazy, aad remembers her * kind N E W-E N G LAN D. 147 * kind. Love to you, and to Uncle, viz. D * A , fo leaving you to the, Proteftion of * the Lord, I reft your dutiful Daughter, From the Dungeon Margaret Jacobs^ in SalemFri\on, 20, 1692, This .poor young Wpman had certainly been hanged, as Wardwell was, for her Recancacion, if an Impoftume had noc broke in her Head at the Time appointed for her Trial, by which fhe efcaped. Her Father was likewife accufed, but fled ; * her Mother; a crazy, fickly Woman, was likewife ac cufed and imprifoned ; lhe had four fmall Children with her in the Houfe, wlien the Officer came, and perfuaded ber to go with him, telling her, fhe -fliould fpeedily return ; when fhe came into the Prefence of tbe Afflicted, they faid, they did not knpw her, but at length one of chem faying, Don't you know Jacobs the old Witch? chey all fell down into fheir Fits, and accufed her ; fhe was then fent to Prifon, and lay there ten Months; and the Neighbours in the mean Time kept the Children from, ftarving. At che Trial of Martha Carryer, feveral of her own Children frankly confefs'd ehemfelves Witches, and chac their Mother had made them fo ; they gave an Acpount of feveral Journeys, Meetings and Mif- chiefs by chem performed. Dr, Mather adds, this Memorandum concerning her, " This rampant ** Hag, Martha Carryer, was the Perfon of whom " the Confefllon of ehe Wicches and of her own " Children, amongft the reft, agreed, that the Devil " had proniifed her lhe fhou'd be Queen of Hell." But tho' the Childrens Evidence was very credible, * Ibid, p. 109. L 2 tha 148 The HIS TO R Y of [^„. ,692. the Court did not make ufe of it for her Con viftion. When the laft eight Prifoners were going to Ex ecution, the Cart was fet as it was going up the Hill ; upon which the Afflicted, and others faid, the Devil hindered ic ; but the Prifoners all died with Ifrorig Proteftations of their Innocence. Samuel Wardwell* had been prevail'd with tq confefs himfelf a Wizzard, to fave his Life, but his Confcience not fuffering him to do the Drudgery of taking away the Lives of his innocent Neighbours, he refolved to renounce his former Confeffion be fore the Magiftrate ; whereupon he was foon brought, to his Trial : And his former Confeffion; with the SpeCtre- Evidence being produced againft him, he was prefently condemned. At Execution, while he was fpeaking to the People, protefting his Inno cence, the Smoke of the Executioner's Tobacco came into his Face, and interrupted his Difcourfe a little ; the Accufers faid. The Devil hindered him with Smoke. f Mary Eafty, Sifter of Rebecca Nurfe, being fenfible of the blind Fury of tbe People, and of the innocent Blood the Magiftrates were bringing on themfelves, prefented the following Petition. To the Honourable Judge and Bench now fitting in Judicature in Salem, and the Reverend Mintflers, the Petition of Mary Eafty, humbly Jhewetb, ' ^TT^ HAT whereas your humble poor Petitioner X ' being condcinned to die, doth humbly ' beg of you to take it into your judicious and pious « Confideration, thac your humble and poor Peti-. ' doner knowing her own Innocence, and feeing < plainly the Wiles and Subtilty of ray Accufers by ' mylclf, cannot but judge charitably of others * Ibid, p; 106. t Ibid. p. 107. « that • N E W-E' NG LA ND. 149^ that are going the farae Way with myfelf I was confined a whole Month on the fame Account that I am now condemned for, and then cleared by che afflifted Perfons, as fome of your Honours know, and in ewo Days Time I was cried out upon again, and have been confined, and am now condemned to die ; the Lord above knew my Innocence then, and likewife does ripw, as at the great Day will be known to Men and Angels. I petition your Honours not for my own Life, for I know I muft die, and* my appointed Time is fet; but (the Lord he knows itis) if it be poffible that no more innocent Blood may be flied, which undoubtedly cannot be avoided in the Way and Courfe you go in. I queftion not but your Ho nours do to the utmoft of your Powers in the Difcovery and Deteftion of Witchcrafc and Witches, and would not be guilty of innocent Blood for the World ; but by my; own Innocency I know you are in the wrong Way, the Lord in his- infinite Mercy direft you in tbis great Work; if it be his bleffed Will, that innocent Blood be not fhed ; I would humbly beg of you, tbat your Honours would be pleafed to examine fome of thofe confelfing Wicches, I being confident there are feveral of them have belied themfelves and others, as, will appear, if not in this World, I am fure inthe World to come, where I am going ; and I queftbn not but yourfelves will fee an Al teration in thefe Things : They fay, myfelf and" others have made a League with the Devil ; we cannot confefs ; I know, and the Lord knows (as will ihortly appear) they belie me, and fo I queftion not but they do others : The Lord afone who is the Searcher of all Hearcs, knows that as I fliall anfwer it at the Tribunal-Seat, that Iknow not the leaft Thing of Witchcraft, therefore I can not, I durft not belie my own Soul. I beg your » ' L 3 ' Honours 150 7/6^ H I S T O R Y of [j„. ,692. * Honours not to deny this my humble Petition * from a poor dying innocent Perfon, and I quef- ' tion not but the Lord will give a Bleffing to your • Endeavours. Mary Ecfly. When flie took her laft FareWel of her Hufband, Children, and Friends, fhe was fo ferious and af- fefting, as drew Tears from the Eyes of almoft all prefent. * Martha Cory, Wifaof Giles Cory, was appre hended, and examined at the Meeting-Houfe in Salem,' March 21, before a Croud of Speftators; when Mr. Noyes one of the Minifters- of theTown had been at Prayer, flie- defired tbat fiie likewife might go to Prayer, but was denied. Mr. Paris's Daughter, and two other Children, with about half a Dozen more were prefent, and accufed her of af flifting them by biting, pinching, ftrangling^ &?f. They faid, they faw her Likenefs in their Fits com ing towards them, and bringing them a Book to fign. Mr. Hathorn the Magiftrate afked her. Why fhe afflifted thofe Children ? She replied. She did not. He afked her, Who did then ? She anfwdred. She did riot know^ but thought chey were poor di^ ftrafted Creaciires, and no Heed wa.^ to -be givenrto whae chey faid ; Mr. Hathorn and Noyes replied, it was tbe Judgment of all prefent, that they were bewitched. The -AffUCied faid, that the Black Man whifpered her in her Ear, and that lhe had a yellow Bird thac ufed co fuck between her F'ingers, and was now there ; Orders being given to fee if there was any Sign, the Girl faid, // was now too late, for fhe had removed a Pin, and put it on her Head ; and upon Search there was found a Pin fticking upright there. When Mrs. Cory had any Motion of her Body, the AffiiCled would cry out ; when lhe * Ibid. p. gi, 106. bit 'NEW-ENGLAND. 151 bit her Lip, they would cry out, of being bitcen ; if fhe grafped one Hand wich the other, chey would <;ry out, of being pinched ; fo fhe was committed to Prifon, and condemned, on the Speftral Evi dence. When fhe came tp die, flie concluded her Life with an excellent Prayer on the Ladder, pro tefting her Innocence to the very laft. Her Hufband Mr Giles Cory * was apprehended, and committed upon the fame Evidence : When he came to the Bar, he pleaded Not Guilty to his Indiftment, but refufed to be cried by a Jirry, that had cleared none tbat had been brought before them. He was a bold ftout Man, and knowing there would be the fame Witneffes againft him, as had been againft the reft, he refolved to undergo any Kind of Death, rather than fubmit to their Verdift ; fo chey ordered him to be preffed to Death, agreeably to the Cuftom of England in fuch Cafes, Which was accordingly executed. He was the firft in New-England that ever fuffered this Kind of Deach, All die reft of the Criminals that fuffered Death on this Occafion went out of the World without the leaft Acknowledgment of their Guilt, laying their Blood at the Door of falfe Witneffes, Buc by thefe Examples, the Reader fees, that neither Integrity of Manners, rior the ftrongeft Proteftations of In nocence With their dying Breath were fufficient to move Compaffion, nor ftop the Tide of the People's Zeal a^iiitt -thefe onhappy Perfons at chis Time. TheNaiiiesof thofe that were condemned, but Were firft reprieved, and then pardoned, were, Abigail Falkner of Andover, who pleaded Pregnancy,- Dorcas Hoar of Beverly, Mary Bradbury of Salifbury, Rebecca. Eames of BoxfOrd, Mary Lacy, Anne Fofter of Andover, /Bigail Hobbs of Topfhield, arid Eli zabeth Procter, who likewife pleaded her Belly, * Ibid. p. 106. L 4 But 152 The-H I S T O R Y of- [^«. ,6g2. But thefe were far from being all that were in Danger of lofing their Lives for Witchcraft ac this Time; there being 150 now in Prifon, and of which abouc 100 were under Accufacionby the Af. flifted : Indeed the whole Country was in Confu fion, every one being jealous of his Neighbour. Several of the * Accufe'd made their Efcape out of the Country, who had otherwife been difpatched with their Neighbours ; as, Mrs. Mary Gary of Charles-Town, who was com-' mitted to Cambridge Prifon, and laid in Irons-; her Hufband going to the Trials at Salem, and obfer^ ving, that the Speftral Evidence was received, co- geeher wich idle and malicious Scories againfl Peo ples Lives, came home and concrived his 'Wife's Efcape ; they fied firft co Rhode-Ifland, and from thence to New-Tork, where they ftaid till the Storm was over. Mr. Edward B'Jhop and his Wife ; whofe Goods and Chattels were immediaCely feized by the Sheriff, and afterwards redeemed for 10/. t Mr. Philip Englift} and his Wife, whofe Eftate Mr. Corwin the Sheriff feized eo che Value of 1500 1, which was wholly loft, except about 300 /. which was afterwards reftored. Mr. Dudly Bra.dftreet, a Juftice of Peace in An dover, who having granted out Warrants againft thirty or .forty for fuppofed Witchcraft, and feeing Caufe at length to refufe granting any mOre, was with his Wife accufed of killing nine Perfons by Witchcraft, and forced to fly the Country. Mr. John Bradftreet, Brother to the Juftice, who being accufed of afflifting a poor Dog, and riding upon him through the Air to Witch-Meetings, was forced to fly for his Life into Pifcataqua Go vernment ; but the Dog was put to Death. * Ibid. p. 95. f Ibid. p. 108. Capt. N E W-E N GLAND. 153 Capt. John Aldin, a Man of good Reputation and Efteem, who being examined at Salem, and committed to Bofton Goal, May 31, after fifteen Weeks Imprifonment made his Efcape ; but the Captain having given the World an Account of his own Examination and Commicmenc, I fnall tran fcribe it in his own Words *. *' TOhn Aldin, Sen. of Bofton, in the County J " of Suffolk, Mariner, on che zSih of May i' 1692, was fent for by the Magiftrates of 5«/i?w, " in the County of £//^:v, upon the Accufation of " a Company of poor diftrafted, or poffeffcd Crea- " tures, or 'Witches, and being fent by Mr. Stougb- " ton, arrived there May 31, and appeared at *' Salem Village before Mr. Gidney, Mr. Hathorn', " and Mr. Corwin. " Thofe Wenches being prefent who played their *' juggling Tricks, falling down, crying out, and ". ftaring in People's Faces ; the Magiftrates de- ** manded of them, who ic w.as of all the People *' in the Roora that hurt them ? One of thefe Ac- " cufers pointed feveral Times at Cape. Hill chere *' prefent, but fpake nothing ; the fame Accufer *' had a Man ftanding at- her Back to hold her up; " he ftooped down to her' Ear, then fhe cried our, " Aldin, Aldin afflifted her ; one of tbe Magiftrates .*' afked her, if lhe had ever feen Aldin ? She faid^ " No. He afked how fhe knew it was Aldin ? She " faid the Man told her fo. " Then afl were ordered to go down, into the '* Street, where a Ring was made, and the fame •' Accufer cried out. There fiands Aldin, a bold " Fellowy with his Hat on before the Judges; he fells " Powder and Shot io the Iridians and French, and " lies with the Indian Squas, and has Indian Pa- *' ppofes. Then was Aldin committed to the Mar-- • Ibid. p. 98. " Ihal's 15^ 7'& H I S T O R Y o/" [^*. ,692. ** fhal's Cuftody, and had his Sword taken from *' him ; for they faid, he afflifted them with his " Sword. After fome Hours ^/if« was fent for " to the Meeting-Houfe in the Village before the *' Magiftrates, who required Aldin to ftand upon a *' Chair to the open View of all the People. ^' The Accufers cried out, that Aldin did pinch *' them then, when he ftood upon a Chair in the *' Sighc of all the People, a good'Way diftant from *' them. One of the Magiftrates bid the'Marfhal " to hold open Aldin's Hands, that he might not *' pinch thofe Creatures. Aldin afked thera, why *' they fhould think that he fhould come to that *' Village to affiift thofe Perfons that he never *' knew, or faw before ? Mr. Gidney bid Aldin con- *' fefs, and give Gkiry to God ; Aldin faid, he " hoped he fhould give Glory to God, and hoped *' he fhould never gratify the Devil ; but appealed " to all that knew him, if they ever fufpefted hiSi " to be fuch a Perfon ; and challenged . any one " that could bring in any thing lipori their oWri *' Knowledge, that might give Sufpicion of* fei's *' being fuch an one. Mr. Gidney faid, he had " known yf/J/» many Years, and had been at Sea " with him, and always looked upon him to be " an honeft Man, but now he did fee Caufe- to •*• alter his Judgra'ent, ^^M'k- anfwered, he- was ?' forry for that, but he hoped God' would clear up *' his Innocency^ tbat he would recal that judg- " ment again ; and added, that he hoped he fhouM *' with Job maintain his Integrity tiU he'died. *' They bid Aldin look upon the Accufers, whidh " he -did, and then they fell down. Aldin afke'd *' Mr, Gidney, What Reafon could be given, wh^ " Aldin- s looking upon him did not fltikc "him doWh *-' as well ? but no Reafon was given, aS I heard ; " but the Accufers were brought to Aldin to foiieh " them, and this Touch, they.«fqid, made them " well. N'E W-E N G LAND. 1 55 " well. Aldin began to fpeak of the Providence *' of God, in fuffering thefe Creatures to aceufe " innocent Perfons. Mr, Noyei aflced Aldin, Why " he would offer to fpeak of the Providence of God ? " God by his Providence (faid Mr, Noyes) governs *' the World, and keeps it in Peace ; and fo went *' on with Difcourfe, and flopped Aldin s MOuth as " to that. Aldin told M% Gidney, thac he could *' aflure him, that chere was a lying Spirit in chem, " for I can affure you there is not a Word of " Truth in all they fay of me. But Aldin vi as *' again committed to the Marfhal, and his Mit' " timus made to the Prifon of Bofton." The Captain having made his Efcape, as I ob ferved before, returned again when the Storm was over, and furrendred himfelf to the Superior Court at Bofton, where he was cleared by Proclamatiog the laft Tuefday in April, 1693, -none of his former Accufers appearing againft him : Buc Examples of this Kind are without Number. There was a Gentleman of Bofton, who being accufed by the Afflifted at Andover, ventured to ftand bis Ground, and fent a Writ,by fome particular Friends to arreft his Accufers in 1000 /. Aftion for Defamation, with Inftruftion to inform themfelves of the Cercaincy of the Proof, which fo '-frighted the poor Creatures, that from that Time the Accufations at Andover ¦ generally ceafed. Things were indeed come to a wretched Pafs, no Man being fure of his Life or Fortune for an Hour ; and no Wonder, confidering che infamous Mechods that were made Ufe of to bring People into the Snare ; there was a Society of Gentiemen at Salem, like that for the Reformation of Manners in London, who engaged to find out, and proffcute all fuf pefted Perfons, and many were imprifoned by their Means ; but the Proceedings of thefe Gentleraen were fair and honourable, in Comparifon to the 2 ' Methods 156 The HIST ORY of ^An, .692. Methods that were taken at Andover for the find ing out of Witches, which if God in his Providence had not put a fpfcedy Stop to, muft inevitably have diffolved the Government itfelf: The Cafe. was this ; Mr. Jofeph Ballard's Wife of Andover falling, fick of a malignant Fever, of which fhe died, her Hufband fancied her bewitched, and fent Horfe and Man forcy Miles to Salem to fetch fome of thefe diftempered Wretches that precended to the fpec- tral Sight, to tell him who it was that afflifted her: When they came, they fell into cheir Fics and accufed one Perfon, as fleeing on the Head, and another on the lower Parts of the Afflifted ; no fooner wa, the Scene opened but the whole Town was alarmed, and more than fifty were complained of for afflifting their Neighbours in a few Weeks ; here it was that many were made to aceufe them felves of riding upon Poles through: the Air to Witch-Meetings ; many Parents believed their Children to be Witches, and Hufbands tbeir Wives. From Andover * thefe Accufers were fent for to Glocefter, and occafipned four Women to be fent to Prifon ; but Salem Prifon being fo full that it could hold no more, they were fent to Ipfwich. In No vember the Accufers were fent for again by Lieu tenant Stephens, who was told, that a Sjfter of his was bewitched ; they told him, they faw three Perfons fitting on his Sifter till fhe died, but Bond was accepced for chem, the fpeftral Evidence be ginning now to be called in Queftion. But before Things were come to this Extremity, the Governor had fummoned an Affembly of Mi-^ nifters to meet June 15, and give their Opinions concerning the Validity of the fjieftral Evidence % feveral of whom, after due Confideration, gave it as their Opinion, " That the Apparitions of Per- *' Ions afflifting others, were no Proof of their • Ibid. p. no. *^ being N E W-E N G LA N D. 157 '* being Witches, nor was it inconfiftent with tbe *' holy and righteous Governmene of God to per- *' mit che Devil co affume che Shape of good Men, ** and that a good Name obtain'd by a good Life '* ought not to be forfeited by mere fpeftral Ac- *' cufations ; and that Alterations made in the Suf- *' ferers by a Look, or a Touch of the Accufed, " was no infallible Evidence of Guilt, buc liable ** to be abufed by the Devil's Legerdemains, but at *' the fame time humbly recommended to the Go- " vernment, the fpeedy and vigorous Profecution " of fuch as had render'd themfelves obnoxious, " according to the Direftions given in the Laws of *' God, and the wholefome Scatiites of the Englifh " Nation, for the Deteftion of Witchcraft." Had the Opinion of thefe Minifters been ftriftly follow'd, all the above-:mentioned " Calamities had been prevented ; for then tbe Jury muft have ac quitted all thac were accufed on che Speftral Evi dence only, and tbe Speftral Evidence being dif- countenanced, would quickly have vanifhed, and the People have return'd to their right Minds, as they did fome Months after. But Things went on in the old Channel, till the Afflifted over-afted their Parts fo far, as to ac eufe fome Perfons of the moft unexceptionable Cha rafter and beft Quality in the Town ; ic was time then to make a ftand : Accordingly we find, the very next Seffions, which vias January 3, 1692-3, "when fifty-fix Bills were preferred againft Perfons for Witchcraft) the Grand Jury brought in thirty Ignoramus ; and of the reraaining twenty-fix, the Petty Jury convifted but three, whom the Gover nor pardon'd. Nay, the People's Eyes were fo far open'd by this Time, that they would not con- vift People upon their own Confeffions ; for when Mary Watts*s Confeffion was produced as Evidence againft her, the Grand Jury would not accept ic, buc 158 ?2^ H I S T O R Y e^ lAn.. ,693. buc looking upon her as a diftemper'd' PerfoHi broughe in che Bill Ignoramus ; and tho' the Court fent rhem out a fecond Time, they return'd again with the fame Verdift, And indeed all the Confeffions that were made, feem to me either the Effefts of a diftemper?cl Brain, or extorted from Perfons to fave their Lives ; for when the Danger was over, they generally dif- own'd their Confeffions, fome faying they remem- ber'd nothing of what they bad faid, and others that they had belied themfelves and their Neigh bours, Dr, Mather has given us the Confeffion of W. B. a Man of forty Years of Age, writ with his own Hand in Prifon, and fent to the Magiftrates of his own Accord to confirm his former Confef fions : But whether the Aft of a Man in Prifon, and under Apprehenfion of Death, may be called free, I leave others to judge. However, I'll gra-> tify che Reader's Curioficy with it, wichout being" accountable either for the Senfe or Englifh of it. ' f^ OD having called * me to confefs my Sin * \j and Apoftacy in that Fall, in giving the ' Devil Advantage over me, appearing like a Black *¦ in the Evening to fee my Hand to his Book, as ' I have own'd to my Shame ; he told me, tbat I ' fhould not want, fo doing. At Salem Village ' there being, a Httle off the Meeting Houfe, about ' an hundred fine Blades, fome with Rapiers by ' their Sides, v/hich wasr called, (and -might be for ' ought I know) by B. and Bu. and the Trumpet ' founded, and Bread and Win^> which chey call-- ' ed the Sacrament ; but I had none, being carried • over all upon a Stick, never being at any other ' Meeting. I being at Cart laft Saturday all the * Day, of Hay and Englifh Corn, the Devil brought ' my Shape to Salem,, and did afflift M. S. and * C. Mather, B'.^k VI. p. 8i. ' R.F. . N E W-E N G LA N D. 159 • R.,F. by ditching my Hand. And on Sabbath * Day my Shape. afflifted ^. M. and at Night af- * flifted M. S. and A. M. E. J. and A. F. have ' been my Enticers to chis great Abomination, as . ' one has own'd, and charg'd her ocher Sifter wich * the fame ; and the Defign was co deftroy Salem ' Village, and co begin ac the Minifter's .Houfe, ' and, to deftroy the Churches of God, and to fee * up Satan's Kingdoni, arid then all will be well. * And now, I hope, God has in fome meaftlre made ' me fenfible of my Sin and Apoftacy, begging ' Pardon of God, and of the honourable Magi- ' ftrates, and all God's People ; hoping and pro- * raifing, by the Help of God, to fet to my Heart • and Hand to do what in me lies to deftroy fuch * wicked Worfhip, humbly begging the Prayers of * God's People for me, that I may walk humbly ' under this Affliftion, and that I may procure to * myfelf the fure Mercies of David.' But far the major Part, if noc all the Confeffions of the Penitent Witches (as they were called) were extorted from them, purely with a View of faving their Lives. Remarkable are tbe Words of Mr. Hale, to this Purpofe*; " I am jealous, fays he, " and I hope with a godly Jealoufy, that fome by *' their Accufations of others hoped to gain Time, "and get Favour from the Rulers ; and that fome " of the inferior Sort of People did ill Offices, by *' promifing them more Favour upon their Con- *' feffipn, than they had Ground to engage ; and " that fome, under thefe Teraptations, regarded " not, as they fhould, what became of ochers, "•provided they could lave therafelves ; and Ihave " been credibly inform'd, that fome have fince " ackripwledg'd as much.'' Hence ic was, chac the Hufbands and Children of fome upon their bended * Modeft Enquiry, p. 89. "' ' '¦ ' -Knees i6o r^^ H I S T O R Y .?/ [^«. ,693. Knees have prevail'd with them to confefs every thing that was laid to their Charge ; others have been wearied oue wich long and tedious Examina tions before private Perfons for raany Hours toge ther, till ihey yielded eo any ching ; the Queftion being then afked. Were you at fuch a Witch- meeting? Or, have you fign'd the Devil's Book? If they replied Tes, the whole was drawn out in the Form of a Confeffion. That this was really the Cafe, will appear by che following Certificate, fign'd by the Hands of half a dozen honeft 'Women, whofe Confciences would not fuffer them to dif- guife the Truth any longer *. * • T ¦)! 7 E whofe Names are underwritten, Inhabi- • YY tants of Andover, whereas that horrible * and tremendous Judgment beginning at Salem * Village in the Year 1692, by fome called Witch- ' craft, firft breaking forth at Mr. Paris's Houfe ; * feveral young Perfons being Teem ingly afflifted, * did aceufe feveral Perfpns for afflifting them, and ' raany chere believing it to be fo ; we being in- ' formed, that if a Perfon were fick, the afflifted ' Perfons could tell what or who was the Caufe of ' that Sieknefs ; Jofeph Ballard of Andover's Wife ' being fick ac che fame Time, he eicher from him- ' felf, or ehe Advice of ochers fecch'd two of the * Perfons, called the afflicted Perfons, from Salem ' Village to Andover, which was the beginning of * that dreadful Calamity that befel us in Andover; * and che Auchorjey in Andover believing the faid ' Accufations to be true, fent for the faid Perfons ' to come together to the Meeting-Houfe in An- ' dover (the afflifted Perfons being there;) after ' Mr. Bernard had been ac Prayer, we were blind- ' folded, and our Hands were laid upon che af- ' flifted Perfons, ehey being in their Fits, and fall- • Calefi More Wonders, &c. Part"V, p. in, 112. 2 * ing N E W-E N G LAND. i6i ing into thefe Fits at our coming into their Pre fence, as they faid, fome led us, and laid our Hands on them, and then they faid, they were well, and that we were guilty of afflifting them ; whereupon we were all feized as Prifoners by a Warrant frora the Juftice of Peace, and forthwith carried to Salem ; and by Reafon of that fudden Surprizal, we knowing ourfelves altogether in nocent of that Crime, we were all exceedingly aftonifhed, and amazed, and confternated, and affrighted out of our Reafon, and our deareft Re- lations^ feeing us in that dreadftil Condition, and knowing our greac Danger, apprehending, that there was no ocher Way eo fave our Lives, as che Cafe was then circumftantiated, buc by confeffmg ourfelves to be fuch and fuch Perfons^ as the Af flifted reprcfented us to be ; they, out of tender Love and Pity, perfuaded us to confefs what we did confefs ; and indeed thac Confeffion that is faid we made, was no other chan whae was fug- gefted to us by fome Gentlemen, they telling us, that we were Witches, and chey knew it, and we knew ie, and they knew chac we knew it ; which made us think that we were fo, and our Un derftanding, and our Reafon, and our Faculties being almoft gone, we were not capable of judg ing of our Condition ; as alfo the hard Meafures they ufed with us, rendred us uncapable of making our Defence, but we faid any thing, and every thing they defired, and moll of what we faid was but in Effeft a Confenting to what they faid. Some Time after, when we were better compofed, they telling of us what we had con feffed, we did profefs, that we were innocent, and ignorant of fuch things, and we hearing, that Samuel Wardwell, who had renounced his Confef- VoL. II.' M ? fion, 1^2 Tl:ie HIST ORY of .[a, iSg^. ' fion, was condemned, and executed, fome of us •¦* were told, that we were going after Wardw.ell. ¦ Mary Ofgood, Abigail Baker, Mary Tiler, Sarah Wilfon, ¦ Deliverance Dane, ' Hannah Tiler. If this Confeffion had been made a little fooner, while the fpeftral Evidence was in Repute, it had coft the Confeffors their Lives ; for 'cis impoffible to exprefs the blind Fury and Zeal of the People againft the Prifoners, who believed every Thing the Afflifted faid, and diflseilieved every Thing the Acoufed offered in their own Vindication. When neither Promifes nor Threatnings could bring Perfons to Confeffion, they fometimes made Ufe of Violence and Force, as appears by the-mov- ing Letter that Mr, ProCitr fent to the Minifters of Bofton a few Days before his Trial ; which, becaufe it gives a clear Account of this Matter, I will tran- ,lcnbe in his own W^ords. To the Reverend Mr. Mather, Moody, Baily, Allen, Willard. Reverend Gentlemen, * ^ I "^ H E Innocence of our Cafe, with the En- Jt * mity of our * Accufers, and our Judges * and Jurors, whom, nothing buc our innocenc Blood * will ferve their Turn, having condemned us al- * ready before our Trials, being fo much incenfed, ¦ * and enraged againft us. by the Devil, makes us -* bold to beg and implore your favourable Affifl- * ance of this our humble Petition to his Excellenicy, * that it it be poffible our innocent Blood may be * fpared, which undoubtedly otherwife will be fhed, ,*-if the Lord does nut mercifully ftep in ; the Ma- * Cale.f /. 1 04. I ' giftrates, NEW-ENGLAND. 163 giftrates, Minifters, Juries, and all the People in general being fo much incenfed, and enraged againft-us, by the Delufion of the Devil, which we can term no other, by Reafon we know in our own Confciences we are all in noccnt Perfons ; here are five Perfons, who have lately confeffed them felves to be Witches, and aceufe fome pf us of being along with them at a- Sacrament, fince we were committed to clofe Prifon, which we know lo be Lies. Two of the five are Carrier's Sons, ybung Men, who would not confefs any thing till they tied them Neck and Heels, till the Blood was ready to come out of their Nofes, and 'tis credibly believed and reported, that this was the Occafion of making them confefs that they never did ; by Reafon they faid, one had been a Witch a Month, another five Week.s, and that their Mother had made them fo, who has been confined here thefe nine Weeks. My Son William ProCter, becaufe he would not confefs, when he was exa mined, that he was guilty, they tied him Neck and Heels till the Blood gufhed out of his Nofe, and would have kept him fo 24 Hours, if one more merciful than the reft had noc taken Pity on him, and saufed him to be unbound. Thefe Aftions are very like the Popijh Cruelties ; ehey have already undone us in our Eftaces, and chac will not ferve their Turns wiehouc our innocent Blood. If ie can'c be granted, thac we may have bur Trials ac Bofton, we humbly beg, chac you would endeavour co have chefe Magiftraces chang ed, and others puC in their Room ; begging alfo, and befeeching, chac you would pleafe to be here fome of yotr, if noe all, ac our Trials, hoping thereby you may be the Means of faving our in nocent Bloods, defiring your Prayers to the Lord on our Behalf, we reft your poor afflifted Servants. John ProCier, &c. M 2 But i64 'Kf -H I S T O R Y of ^An. ,695. But this Letter had no Effeft, Procter and his Fellow-Prifoners being convifted and executed a little after. Such Methods as' thefe being made Ufe of, 'tis no Wonder that the Number of Confeffmg Witches amounted to fifty, not one of whom were put to the Trial, whether they would abide by their Confeffions when they came to die : Unhappy Creatures ! who w»ere forced to do the Drudgery of taking away tbe Lives of their NeighbourSj;: to fave their own. Buc upon the Afflifteds over- afting their Part, as I obferved before, the Tide of the People's Affeftions began to turn, and they who a little before were in Danger of being torn in Pieces by the Mob, were now univerfally laraented and pitied. All further Profecutions were now flopped, the Accufations of the Afflifted were en tirely difregarded ; the Prifon Doors were fet open to all that were under Confinement, by the Accu fations of ehe Afflifted, and Sir William Phips afcer fome Time pardoned all that were under Sentence of Condemnacion. But befides the Blood ehat was fpilt upon this Occafion, feveral Perfons arid Families were ruined in their Eftates and Reputations, partiy by long Imprifonment, and partiy by the Avarice of the Officers who took Poffeffion of their Houfes in their Abfence ; and though I am fully fatisfied, that the Zeal of the Government in this Affair proceeded from tbeir Regard to the Glory of God, yet I muft fay, that the Magiftrates were too partial in their -','.: ha vio'jr towards the Accufed, and that Sir Wil liam Phips himfelf treated them with too much Severity, by ordering them to be laid in Irons, and :vL''->cena-.icing the popular Cry againft tbem ; and i.a.vdly to be excufed, that when the Country fenfibJe of their Error, and the Spirits of 'pic Vk'cre quiet and compofed, that publick Juftice NEW-ENGLAND. 165 Juftice was not done to the Memory of the De- ceafed, by reverfing the Judgment ; nor any Satif- " faftion made to their furviying Families and Re lations : The Rev. Mr. Hale was of Opinion, " chat " fornething ought to ha-ve been done in a publick *' Manner for clearing tbe Good-Name and Re- ^ putation of fome that fuffered, againft whom the *' Evidence of Guilt was more flender, and the " Grounds for Charity more convincing, tbat fo " none of the furviving Relations might fuffer Re- " proach upon that Account,'' 'Tis true, the Parties concerned publickly acknowledged their Miftakes, and humbled themfelves before God, as the Reader will fee prefentiy; but befides this, they ought - certainly to have m.ade Reparation of the Injuries they had done their Neighbours, as far as lay in their Power, . The whole Country being by Degrees made fen fible- of their Miftake, moft of che Aftors in chis Tragedy declared their Repentance of the Share they had in ie. One of the Honourable Judges that fat on tbe Bench at thefe Trials, on a Faft-Day ' in a fufl Affembly at the South Meeting in Bofton, . delivered in a Paper to be read to all tbe People; acknowledging his having falleri into fome Errors "" in the Trials at Salem^ and begging'the Prayers of the Congregation, that the Guilt of fuch Mifcar- riages raight not be imputed to the Country in ge- neiral, or to him and his Family in particular. And while this Paper was reading, he ftood up in the View of the whole Affembly, The Jury likewife publifhed a Paper figned with their own Hands in the following Words*. < TTTE whofe Names are underwritten, beirig W ' in the Year -1692, called to l^rve as * Jurors in the Court at 'Salem, on Trial of many * Calef, f. 144- M 3 ' '^"'^ 1 66 The HISTORY of [^«. ,693, * who were by fome fqfpefted Of doing Afts, or * Witchcrafc upon the Bodies of fundry Perfopis.. ' We confefs, thac we ouffelves were not capable •'to underftand, nor able to wlthftand the myfte- * rious Delufions of the Powers ofDarknefs, and- * Prince of the Air, but were, for wane of Know- ' ledge in ourfelves, and beeter Information. from- ' ochers, prevailed with to take up with fuch Evi- * dence againft the Accufed, as on further Confide- ' ration and further Information, we juftly fear was * infufficient for the touching the Lives of aay, * Deut. xvii. 6. whereby; ws fear, we have bee-iin-' * ftrumental with others, though ignorantly and . * unwittingly, to bring upon ourfelves and; this- Peo- * pie pf the Lord the Guilt of innocent Blobd, * which Sin the Lord faith in Scripture, he would * not pardon, 2 Kings xxiv. 4. that is, we fup- * pofe, in Regard of his temporal Judgmetitfl; we do * therefore hereby fignify tp ah in general, and. to * the furviving Suflcerers in elpecial, our deep Senfe * of, and Sorrow for our Errors, in afting on fuch ' Evidence to the condemning of any Perfon. .. ' And do hereby, acknowledge, that we juftly * fear that we were fadly deluded and miftaken, for * which we are much difquieted and diftreffed' in * our Minds, and do therefore humbly beg FOr- * givenefSj, firft of God fpr Chrift's Sake for. this ' our Error, and pray, that God would not impute ' the Guilt of ic to ourfelves,, rtOr others ; and- we ' alfo pray, that we maybe confidered candidly and « aright by the living SuffererS), . as being then under * the Power of a ftrong and general Delufion, ut- * terly unacquainted with, arid not experienced in ; ' Matters of that Nature. * We do heartily afk Forgivenefe of you all "whom we have juftly offended, and do declare ac- * cording to our prefent Minds, we would none of * us do fuch things again for the , whole World ; ' praying NEW-ENGLAND. 167 prayittg you to accept of this, in Way of Satif- faftionfor our Offence, and that ybu Would blefs the Inheritance of the Lord, thac he may be en treated for the Land. Thomds Fifk, Foreman, Willidrn Pifii, -" Thomas Perly, Sen. John Pebody, JohnBatcheler, v > Thomas Perkins, Thomas Fifk, Jun. John Dane, \ Jofeph Evelith, J Samuel Sayer, Andrew Elliot, Henry Herrick, Sen. Arid Dr; C. Mather, who writ the' forementioned Trials, has fince declai'ed it as his Opiniori, that Things were carried too far ; as appears to him, I. From the great Number of Perfons accufed. 2. Frora the Quality of tbe Perfons accufed, fome of whom were Perfons of blamelefs and holy Lives. 3. From the Number of the Afflifted, which en- creafed to about fifty. This (fays he) gave juft Grourtd to fufpeft forae Miftake. 4. From the Execution of the Prifoners, not one of which con- feflfed their Guilt at their Death ; though feveral of theta were Perfons of good Knowledge, of fober Lives, and died in a ferioiTS,' affefting Manner. And as for the Confeffors (fays he) we had no Ex perience vvhether they would abide by their Con feffions when they came tp die ; they being all re prieved and pardoned. 5. Becaufe when the Pro- fecutiofls ceafed, the Afflifted grew prefently well ; the Accufed are generally ^uiet, and we have had no Difturbance fince that Time for thefe five Years^^ The Doftor adds* further, that the Proceedings at Salem were owing to fom Barrier left to hinder the Enemy's penetrating into the Heart of the Country. Deputy-Governor ; Stoughton and his Council began therefore to chink it neceffary to take fome effeftual Meafures to put a Stop to the Triumphs of the Enemy, and pre vent their doing any further Mifchief. According ly he fitted out three Men of War, and fent them out in Purfuit of the French Man of War ; but meeting with contrary Winds, they could never get Sight of it. Colonel Gtdney was likewife fent by 'Land at the. Head of ^oqMen tq fecure the Fron tiers j NEW-ENGLAND. i8r tiers ; but the Enemy having done their Bufinefs, were retired, fo that the Colonel had nothing to do but to ftrengehen the remaining Garrifons, and re turn home. The Colonel, by Order of ehe Lieu tenant-Governor arrefted Ci&«^, and brought him up to Bofton, where he was kept in Cuftody for fome Time ; but after feveral Examinations, no thing treafonable appearing againfl him, tbe Go vernor only took away his Coram iff.on, and fent him hom.e to his Houfe at Andover, where he lived about a Year, and was then killed with his Wife, and two or three other Perfons, in the midft of a very hard Winter, by a Party of Indians. Toward the latter End of the Summer, the Go vernor difpatched Colonel Hawthorn with fome Sol diers and Frigates, to join Major Church, who was ordered to attack St. John's Fort, the Place from whence the Indians received all their Supplies of Men and Ammunition from the French. It lies upon a River between Port-Royal and the great River of Canada, by which (fays La Hontan) tbe Inhabitants of thofe Places may hear from one an other in fixteen or feven teen Days, which they can not do by Way of the Sea in a Month, nor then without Danger. But the Winter was fo far ad vanced before the Coloriel arrived, that his Sol diers were ready to mutiny, for fear of being fhut in with the Ice, which obliged the Major, after he had furamoned the Place, and raade a few Shoe at it, to return horae. Thus all the Projefts bf the Englijh this Year mifcarried, their Meafures were broken, and no thing but Murmurings and Complaints were to Ix: heard from one End of the Province to the other. The Indians, on the other hand, were ftrangely exalted' with their late Succefs, and threatned to ruin the whole Country next Summer : In the mean Time they pofted themfelves fo advantageoufly, N 3 that i82 The HIST ORiY^^ of * [j„. ,69^. that it was hardly fUfe for the People on the Bor-- ders to ftir out of their Houfes. Five Soldiers of the Garrifon of^Saco were furprized and killfti on the 13 th of October, and fingle Perfons i as they were at work in the Fields' without Number. And to CE^wn the Calamities of the Year, there was a very ^reac. Scarcity of all Sorts of Grain in thi.s, as well as in moft other Countries of ^aropi?, ..where by the Poor were ready to mutiny foii Want of Bread , 'oti In tbe Winter the Enemy were pretty quiet^ but upon the 15th of March they made a Defeent up on the Skirts of Haverhill, burnt about half a dozen Houfes, and killed and took thirty-ninePer- fons. Among the Prifoners was one Hannah Dum ftan, a Woman ofa mafculine Spirit, who had lain in about a Week, and was in her Bed : with ohly her Nurfe and eight fmall Children in the Houfe, when the Indians furrounded ir. Her Hufbandiwas at Work in thct Field, and feeing the' Enemy at a Diftanee, ran home, and bid feven of his eight Children get away as faft as they coiild to foriie Garrifon in the Town. He then informi'd his Wif« of her Danger, but before fhe could rife, the Ene- . my were fo near, that defpairing to carry her off, he took his Horfe .and Arms,- refolving to live or die with his Children, He overtook rhem about forty Rod from his Houfe, and drove them before him, like a Flock of Sheep, as faft as their httle Legs would carry them, till they got to a Place of Safety, about a Mile or two from his Houfe. Tbe Indians purfued him all the while, but he kept in the Rear of his little Flock, and when any of them came within Reach of bis Guti, he prefented it at them, which- made them retreac. Buc his Houfe, in the mean Time, was rifled and burnt ;, and his Wife, Nurfe, and new-born Infant, with about cen or a dozten of their NeighbburSj car- . ;j V ried n .a N E W-E N G LA N^D. it- tied into Captivity, The Indians had hoe gone many Paces from the Houfe, before chey difpatch ed che Child, dafhing out ies Brains againft a Tree; buc Mrs-, Dunftan and her Nurfe travelled twelve Miles the firft Night, and kept up with their new Mafters, till they had travelled 150 Miltfs in a few D.iys ; thofe that tired by the Way, had, accord ing to Cuftom, the Hatchet buried in their Brain.^. The Indian Family that Dunftan and her Nurle were''to ferve, confifted of twelve Pcrlbns, two' Men, three Women, and feven Children, all Ro man Catholic Converts, who faid their Prayers, ac cording to the French Inftruftions, conflantly three Times a Day. Their Mafter was tolerably civil to them, but refolved notwithftanding ro carry them to a Rendezvous of Savages beyond Penacook, about two hundred Miles from the Place where he lived, in order^to their running the Gauntlet through the whole Army, which is the Difcipline that all new Prifoners undergo. The whole Family were tp have the Pleafure of this Sight, but as they were on^heir Journey, on the 30th of April, a little be fore Day-break, Mrs. Dunftan obferving them all in a profound Sleep, encouraged her Nurfe, and an Englijh Youth who had been taken from PFoneft-sr a Year and a half before, to ftand by her, and affiir her in putting them afl toDeath ; fo each of them furnifliing themfelves with a Hatchet, they ftruck it into the Brains of ten of them in the dark, be fore they could make the leaft Refiihnce. One of the Women and a Boy got away, but they cut off the Scalps of the reft, and brought chem to.Bofton ; for which heroic Aftion they received a Reward of fifty Pounds from the General Affembly, befides feveral Prefents from private Hands to a confider able Value. The Savages continuing their Excurfions,- killed one-M^ at Tork, anothe;r at Hatfield, 3 third at N 4 ' Groton, i84 The HISTORY of t^„. ,697. Groton, and two or three more at Exeter, from whence they carried two Children into Captivity. They alfo furprized and fliot Major Froft, and two of his Company, as they were coming from Church at Berwick on a Lord's Day, to their own Houfe, which was about five Mifes diftant. And two others that were in Company, having rid Poft to the Garrifon of Wells, with the unwelcome NeWs, as they were returning back, fell into an Ambuf cade of the Enemy, and were killed. About the latter End of June, they killed three Men at Ne- wichawannick, as they were mowing in the Mea dows. A liccle afcer a Parcy of Indians killed a Man chac ftood Cencinel for his Neighbours, while ihey were at Work in the Marlhes at Wells, and having taken another Prifoner, they carried him a Mile and a half off, and roafted him to Death. Three Soldiers of Saco Fort, as they were cutting Fire-wood for the Ufe of tbe Fort on Cow Ifland, ¦were fhot dead on the Spot, while Lieutenant Fletcher, with his two Sons, who were appointed for their Guard, were a fowling in the Woods ; but the Lieutenant and his Sons paid dear for their Negli gence, for as they were returning to their Compa nions, they fell into an Ambufli of the Enemy, and were all three taken Prifoners ; one of the Sons af terwards made -bis Efcape, but the other Son and his Father died in Captivity, Thefe and feveral other Misfortunes befel the Englift}, while there were no Forces on che Frontiers, every Week producing fome furprifing Difafter. But the moft important Aftion of the Summer is yet behind. The French King having a Squadron of Men of War at this Time in thcNortbern Parts of America, the Admiral agreed with the Governor of Quebec, to make a Defcent upon the Coaft of N^w- England, while a Body of Indians and Erench fhould invade that Province by Land. Lieutenant-Gover nor N -E W-E N G LA N D. 18^ nor Stoughton having notice of their Defign, did every thing that a wife and prudent Governor could do for the Defence of his Country j he repaired the Forts about Bofton, raifed the Militia through out che whole Province, and order'd them to be kept under ftrift Difcipline ; and then fent Major March, at the Head of 500 Men, to the Eaftern Frontiers, to fcour the Woods, and obferve all the Enemy's Motions on that Side. Upon the Moor's Arrival the Indians retired frora the Frontiers, but he purfued thera as far as Cafco Bay, having hired fome Tranfports to accommodate his Men in their Paffage thither. From CafCo he failed up further among the Eaftern Iflands, and landed, September 9, on the Banks of Damafcotta River, near Corbin Sounds, a little before Day-break ; but before his Men were half afhore, the Enemy came down up on them with aloud Huzza, and gave them a Vol ley, but without doing any Mifchief The Major fired upon them again in his Turn, and as foon as it was Day both Parties engaged. The Comraan ders of the Tranfports came afliore to the Affiftance of their Friends, and after a brifk Engagement of feveral Hours, they drove the Enemy before them to tbeir Canoes, which lay out of Sight, and faved them from being all cut in Pieces. In this Aftion the Englifh had twelve Men killed, and about as many more wounded ; among the former was Cap tain Dymmock of Barnftable, and among the latter Captain Philips of Charles-Town. This little Skir mifh, though of no great Importance in itfelf, broke all the Enemies Meafures, and put a Scop to the intended Invafion of the French and Indians^ as chat did to ehe Defcent of tbe Fleet upon the Coaft, which being fhatter'd by a Scorm at Sea, and having Notice of the Defeat of their Confede rate Indians f and of-the good Pofture of the EngUfh in i86 The HIST ORY of y., .697. in all Places to receive them, return'd to Europe^ arid gave them no further Difturbance, While the Army was thus employ'd-in the Eaft,' a Party of the Enemy plunder'd the Town of Lan-^ cafter, September 11, and killed twenty Men, a- niong whom was Mr. Whiting the Minifter, and carried away five into' Captivity, They hkewife burnt feveral Houfes, with two or three ancient People in them, and then retired. After which they were no more heard of till tbe Month of No vember, when they killed a poor Man in tbeWoods near Oyfter River, whieh was the laft Aftion of the Year, The General Affembly made another Ateempt this Summer to obtain a new Charter for the Col lege at Cambridge, and forafmuch as the Charter of 1652 was repealed becaufe no Powers were referv ed to his Majefty to appoint Vifieors for ehe beeter regulating the faid College; they inferted in tbis the following Claufe, ' '.' And it is hereby enafted *' and declared, that his Majefty's Governor and *' Commander in Chief of the Province, and the " Council for the Time being, fhall be Vifitors of *' the faid College or Academy, and -fhall have, *' ufe, and exercife a Power of Vifitation as there " fliall be Occafion for it," Buc chis did noe fa tisfy the Englifh Council, and therefore the Aft was return'd repealed, with this Indorfement, Becaufe the General Affembly did not comply with the Direc tions of his Majefty, given in the Indorfement upon the Act paffed 1692. On the 27th of March this Year died SimoH Bradftreet, Efq; fometime Governor of the Colony of the Maffachufets, and the longeft- Liver of a-lj the firft Planters of New-England. He was born at Horblin in Lincotnf^e, in the Year 1603, and educated in Emanuel College Cambridge, of wh'ich he was Fellow, Upon his leaving the Univerfity, I he N'E W-E N G' LAN D. i^ he becarine-Steward firft ro the Earl of LificO'lk,' and afterwards to' the Countefs of Warwick, in which Noble Family he continued till he married the Daughter of Mr. Dudley, by' whofe Perfuafion he engaged in the Projeft of making a Settlement in New-England, He came over with the firft Colo.; tiy, in the Year i6go, and ferved his Country firft in Quality of Secretary, and then as Governor, till their Charter was token from them. He was a good Man, but a littie too warm in his Zeal againfl the Anabaptifts and Qiiakers, as were almoft: all the Magiftrates of New-Er^land in thofe Times.- After the Revolution, in the Year 1689, he re- fum'd his Place of Governor again, by the unani mous Invitation of the People, and continued in ic till Sir William Phips came over wich the new Char ter. He was the Father of his Country, and' it was obferved of him. That when he was almoft go Tears old, his intellectual Force was hardly abated ; but he retained a Vigour and Wifdom, that would have recommended a younger Man to the Government of a greater Colony. He died ac Salem, in the 95th Year of his Age, and was interred with as much Solemnity as a Man of his great Merit deferved. The next Winter was one of the hardeft that has been known in the Memory of Man, and yet in the Month of February thirty Indians made a De fcent upon Andover, and killed Capt. Chub arid his Family, They had likewife taken Colonel Dudley Bradftreet and his Family Prifoners ; but being put" fued, they difmiffed them without .doing theiii any Mifchief; but as they paffed by Ha^verhill, they killed two Perfons, and took two Prifoners. At Spruce Creek they murdered an old Man, and car-. ried his three Sofis into Captivity ; the old Man was killed in cold Blood, after' he had furrender'd- him felf, by a huge Tawny feven Foot high ; biJt the Vengeance of Heaven quickly overtook him, for art Hquc i88 The H I S T O R Y of i^»- '^s?- Hour dr two after, as he was hailing his Canoe to' fliore with the Butt-End of his Muflcet, holding the Muzzle in his Hand, the Mufkct went off, and fhot hira dead upon- the Spot. At Hatfield four In dians killed a Man and a Boy in the Meadows, and carried away two Boys into Captivity ; Advice of which being fent to Deerfield, they fent out twelve Men to intercept them as they came up the River, who overtook thera at twenty Miles Diifance, The Indians were in cheir Canoes within a Rod or two of tbe oppofite Shore. The Englifh immediately fired ac the Canoes, and wounded one of the In dians in the Back, whereupon they all jump'd a- Ihorc, and the Boys with them. The wounded Sa vage lay in great Mifery, his Back being broke, en deavouring to tear open his Breaft, and knock out his own Brains with his Hatchet. The two' Boys run from their Mafters, to avoid the Fire of the Englifh ; whereupon one of the Indians took up his Hacchec, with a Refolution to knock them on the Head ; but as he was making towards them, an Englifhman, from the other Side of the River, le velled his Piece at him, and fhoc him dead upon the Spot. The Boys upon this leap'd into one of the Canoes, and brought it over to their Friends, who mann'd it with five or fix of their Number to fetch off the other Canoe, which lay at ari Ifland not far off; but as they were loofing ic frora the Shore, the two Indians that had deferted ic, lying hid in fome high Grafs, fhot at the Canoe, killed one of rhe Englifh dead upon the Spot, and then run away into the Woods. This was the laft Blood that was fpilt in the prefent War. The News of the Peace concluded at Ryfwick, between the Kings of England and France, arrived at America in December laft ; whereupon the Sieur Frontenac, Governor of Canada, fummon'd the Chiefs of the Indians together, and told thera, he was N E W-E N G LAN D. 189^ was now no longer at Liberty to fqpport them in their War againft the Englifh, and therefore advifed them to deliver up their Captives, and make the beft Terms for themfelves they could. Upon this a Treaty was fee on Foot after fome Time, Major Convers and Colonel PM//>j being appointed Coni- miffioners on the Part of the Englifh. The Major arrived at Penobfcott, October 14; and after fix ' Days, had a Conference with the chief Sachems of the Eaft, who laid the Blame of their laft Breatih of the Peace on the French Jefuies, and added, ehait: unlefs fome of thera were removed, they could not promife that the pr^ent Peace would continue very long. They praifed the Sieur Frontenac, as a wife and prudent Governor, and declared their Re- folucion to obey him as their Father; but that they were willing likewife to live peaceably with the EngUfh, and Segamore Saquadock defired, in the Name of the reft, that if any ift Accident fhould happen between the two Nations, we would nbc prefently declare War againft them, but endeavour to compofe the Difference in an amicable Way. Some tirae after, Co\. Philips and Ma\ot Convers had another Conference with them, and brought them to renew their Subfcription. tothe Articles of Peace formerly raade with them in the Year 1693, with thefe Additions. ¦" A ^^ whereas,, notwithftanding the afordfaid *' if\_ Submiffion and Agreement, the faid /»- *' dians belonging to the Rivers aforefaid, or fome " of them, through the ill Counfel and Inftigation *'-of the French, have perpetrated fundry Hoftili- " ties againft his M.ijefty's Subjefts the Englifh, *' and have not delivered and returned home fe- " veral Englijh Captives in their Hands, as in the " faid Submiffion they covenanted. ¦ " Wherefore, we whofe Names are hereunto ilib- 1 " fcribtd. . igo The]H I S)T 9 R Y of ^An, 1699. *' fcribed, Segamores, Captains, and principal Men , *' of .c|)e /^i^jf^^j; belonging ^co the Rivers of Ke.nne- " beck, Ammonofcoggif}., Saco, ,gfid, Parts adjacent, "ibping fenfible of pur greac Offe-PQe ans^i Folly in " npt 'complying with the aforefaid Submiffion and " Ag''eemcnc, and alfo of' the Sufferings and MJf- -.^'; chiefs that we have hereby expofed purfelves g/)- .*' tp, do. in all hutnble and moft fubmiffiye man- *' ner eaft purfelves ,upon his Majefty's Mercy for ^¦. the Pardon pf all our Rebellions,, Hoftjlities, *' and Viplaeions of pur Promife?, praying folje " received jnco bis Majefty's Grace .and Ptoceftioo, ¦ ",^-nd fpr, and on Behalf of .purfelyeSj: and of all *' ehe other /?2i5//a«j',belpnging ,^0, the feveral Rivers **: [and' Places a,forefaid, v/ithin. the Sovereignty of ¦.*-^ his Majefty of G-i(eat Britain, do again acknow- ";;fed.ge and profefs pur hea/ty and fincere Obe- *'j4i$"c,e tp the Crown of E?jgland, .and do folemn- ',' ly renew, ratify, and cpnfirg-j ,qll and every; bf -" the Articles and Agteements figocained in t\ip ¦*¦.''. aforefaid recjted Commiffion,- Aiid; jn Teftimpjny " hereof, we the laid Segamores, .Captains, at^ " pnncipal "Men,', have hereunto ./et our Macks *-V and Seals, at Cafco Bay near Mgr e^ Point, ih? *' 7th Day of January, in the loth Ye^rpf, .the " Reign, of his. Maj'.efty King William theThjii, " Annoque Domini, 1698-9. .::';.,';., ;;,.,•; m.", Subfcribed by Moxus, and the reft of the Segamores prefent. , ^ .the Prefence pf James ; ¦ CpriverSjCyprian Southack, Jphn Giles Interpreter, and Scodppk, alias Sampfon. -- . . . ' ' i Upon the Settlement of Affairs in Europe, his Majefty was pleafed tp. appoint, the Eari of Bella mont Governor of the Plantations, of New -England .and N^w-Tork, The 'Earl went over in the Dept- i ^ord N E W-E N G LA N D. 191 ford Man of War, and after a tedious Paffage, ar rived at New-Tork in the Mpnth of May, 1658, arid, ftaid there the reft of the Year. Next Spring he met the General Affembly of the Maffach^et Bay at Bofton, and opened ic wich an excell«:i|t Speech in Praife of thg great A<9:ions pf the Jit)- nioreal King William. He reconlmended to .tl?e Affembly the repairing of their Fortifications, \Ap,d. furnifliing them wich Wariike Scpfcs, the feetTihg a free Trade wich ehe Indians, and that the Laws they fhould pafs be agreeable to the Laws of Eng" land. The Affembly prefented an Addrefs of Thanks to the Earl, for his moft excellent Speech,. by their Speaker, as the Council djd, by Li^ui|f- nanc-Governor Stoughton,^ and the Seffions'"ended with a good Harmony and Agreement between all Parties: But, whether thq. Governor did not like the People,, or the Climate of Bofton ; notwith ftanding all the Refpefts chey could fhew him, he return'd ro New-Tork the latcer End of the'. Sum mer, and made that Cicy the Place of his Refi dence, ag long as he lived, Mr. Stoughton continu ing in the Place of Lieutenanc-Governor, eo ma nage tihe Affairs of New-England in his Abfence. Thus, afcer a long and expenfive War, accend- 'ed with the moft threacning Commotions -among themfelves, the Affairs of the Country were, feitled on a foUd Bafis, Trade began to flpurifh, and the People rejoiced in the Bleffings of Peace. j,^^ ¦»*»- CHAP. 192 The Present St a tis of THE Prtfent State of New-England. CHAP. XIV. A general Defcription of the Country. Of. the Clintate, Soil, and ProduSt of it. A De fcription of the Town, and Harbour of Bofton, with an Account of the mofl con fiderable Towns and Villages in the feveral Counties of New -England. Of the Inha bitants, tbeir Number, their Religion, their Civil Government, their Cufioms, and Man-. ners, their Trade, and Political Inter efts. E W-E NGLAN D is that Part of the Continent of America, which lies between the Degrees of 41 and 45, North Latitude, Under this Name is ufually comprehended the Colonies of the Maffachufet- Bay, New-Plimouth, and Connecticut ; the Provinces of Main, New-Hampfhire, Rhode- Ifland, Providence-Plantation, and Accadia, or New-Scotland. It is bounded by Canada or New- France N B W-E N G L A N D. 193 iFr««cf on the North, by New-Tork on the Weft, and by the Ocean on the South and Eaft ; its Length com puted on the North-Eaft and South- Weft Line, from the River Kennebeck to the Soutb-Eaft Boun* daries of New-Tork, is about 330 Miles; audits Breadth on a South- Weft and North-Eaft Line, from Cape Cod to the North-Eaft Boundaries of New Tork Government, is 190 Miles ; > but in ocher Places 'cis not fo broad. The Coaft bears Weft- Soiicb-Weft, and Eaft-North-Eaft, and runs about 160 Leagues in Length, without reckoning the Angles. The Situation of this Country being nearer the Equinoftial Line than Englartd by 8 or.io Degrees, their Days and Nights 'are more equally divided; the Sun rifes at Bofton, June the nth, at 4 and 26 Minutes in the Morning, and fets at 7 and 34 in the Evening : And December 13, the fhortefi Day in the Year, the Sun rifes ac 7 and 35 Minuces in ehe Morning, and fets ac 4 and 27 in "the After noon. The Climate of New-England is not fo temperate as ours in England, The Climate. their Summers being fhorter and hot ter, and their Winters longer and colder ; nor is it fo mild and regular as thofe Parts of Italy and France, that lie in the fame Parallel in Europe ; which, as Naturalifts have obferved, is owing to thofe vaft Frefh- Water Lakes that lie behind ic on che Norch- Weft Side of ehe Councry, which being conftantly froze over in che Moncli of November, occafion that early Winter which is commonly felc iri all the ad jacent Country, and is one principal Caufe of thofe cold North-'Weft Winds that continually blow there in the Winter,- and are fo fatal , to Mariners on the New-England Coaft in tbat Seafon of the Year : 'Tis certain however, that the Weather is more Vol. II. Q fettled 194 The Present State of fettled than in England, for it is common with chem to have a clear and dry Sky for fix Weeks or cwo Monchs together. In the Winter the Ground is for the raoft Part cpvered with Snow from No vember to February, and in the Summer che Heacs are fo exceffive in the Monchs of June, July and Auguft, that when a Fire has been accidentally made in the Woods, and noe carefully puc out, ie has run like Wild-Fire, and burnC the Turf and Trees over feveral Acres of Ground, till Rain has fallen to extinguifh it. In thefe Months the People are very njuch troubled with Mufkecpes, or liccle Flies like.Gnacs, Bugs, and ocher Infefts chac delight in Heat ; but upon the whole, the Air of Ne-w-England is very healthy, and agrees with our Englijh Con- fticiicipns. The Summers are noc fo hot but Men may endure che Heac, nor the Wincers fo cold, but with ,moderace Exercife they, may bear the fharpeft Air for a- whole Day tbgecher. When rhe Englift) firft landed on the The Soil. Coaft tbe Councry looked Hke one vaft Wood, che Indians having only cleared here and there a fmall Spot of Ground for planting .Corn ; but upon a narrower Survey they found every threcNor four Miles a fruitful Vajley, with a clear frefli Rivulet or Brook gliding through it, and the(e again were' furrounded with vaft woody Hills, which afforded a very agreeable Profpeft. The Land from De la Ware-Bay to Cape Cod is low and flat, like the Shires of Effex, Suffolk, Norfolk, Cambridge,, • Huntington and Lincolnfhire ; but the North-Eaft Pare of the Country is more hilly, refembling the Counties of Hampfhire, Dorfetfhire, Devon and Corn wall;. the Inner Part of the. Country is for the moft Part Upland, but near the Coafts 'cis low and marfhy. The Soil is generally fruitful, but in fome Places raore fo, than in others; abbut.the il41^fl- fhHfet'Bay 'tis as flat and black as in any Part of England^ N EW-B N G LAN D. 195 England, and confequenely as fruitful. The firft Planeers found the Grafs in the VallieS above an EH in Heigh ti and confequenely, pretty rank, for want of cutting; but their Cattie eat it, and thrive very well with it. Mr. Higginfon has a reft-varkable Story * relating to the Fruitfulriefs of the Soil in the Maffachufet- Bay : " Credible'PerfonS Have informed *' me, (fays he) and tbe Party himfelf avbuched the *' Truth of it to me, that of the fetcing 13 Galloris " of Corn, he had 52 Hogfheads 'tricrcafe, each *' Hpgfhead holding feveri Bufliels of LW turally produces Engliih Grafs, of which there is great Plenty ; but with little Cultivation it will pro^ duce NEW-ENGLAND. 213 duce excellent Flax and Hemp, in which feveral of the Inhabitants have this Year paid their Taxes ; and as the Timber fails, the People will neceffa- rily fall into this Method, The famous River Pifcataqua, which is one of the nobleli Rivers in North- America,, divides this Province on the South, from the Province of Main {alias the County of New-Tork) on the North; here Ships of the greateft Burden may go in and otit at all times ; the Harbour is bold and. fpacious, ten Fathoms deep, Land-lock'd on all Sides, and ' very good Anchorage ; the Tides rife from ten to fourteen Foot ; the Entrance into it is bold, ftrengthned with a fine Fort on the South, called William and Mary, in which are 42 GunS well mounted, and is fo fituate, tbat every Veffel that goes in, muft pafs within Piftol-fhot ; there are 28 Iflands great and fmall near the Mouth of the River, which divide it into feveral Branches, which are called by different Names, as Little-Harbour, Champernoons-Creek, Sagamores-Creek, Cutts-Creek, Spruce-Creek, Spinny's-Creek, Sturgeon-Creek, Sal mon' s-Fall River, Newichewanock River, Frefh-Creek, Cochecho River, BackRiver, Oyfter River, Lam.prey- Eel River, Greenland River, and Exeter River, feveral of which are navigable from the Harbour's Mouth upwards of 20 Miles for Veffels of 70 br 80 Tuns : This is the principal Place , of Trade for Mafts, of any in the King's Dominions ; three or four Veffels go from hence yearly, for the Ufe of the Royal Navy. And indeed, no Place can afford a greater Quantity of Pine, Oak, and Timber ofall Sorts thanthis. ; for here are 90 Saws carried round by Streams of Water, and 130 "Team of Oxen conftantly employed in drawing Logs of Timber to the Saws. Now fuppofe, one Sa^ with another cuts but 70,000 Foot a Year,here is then upwards of 6,000,000 Foot of Timber cut yeariy, moft of which is tranfported P 3 to 214 The Present State of to Bofton, the Weft-Indies, &c. and fome few to Great-Britain^ where, if the Duty was taken off, it would be of great Service to the whole Country. The Governrrient of New-Hampfhire is by a Governor, Council and Reprefentatives ; the Go vernor and Lieutenant Governor, are commifljoned by the King, the Council are alfo appointed by hira v the Reprefentatives are chofen by the People, as often as Writs are iffued out by the Governor's Order for that Purpofe; the Reader, will find a Lift of thera in the Appendix*. The Laws of the Country agree pretty much with thofe of the Maf fachufets, and the Religion of the Country, as to its Doftrine, is the farae with the Church of Eng land, fxX as to Church Difcipline, 'tig alter the Model of the Affembly of Divines at Weftminfter ; There are fourteen Congregations in the feveral Towns of this Province, and as rnany Mmifters. The Militia of the Country confifts of two Re-- giments, wherein are nineteen Companies, and three Troops of Horfe. The next Province is the County of Main, alias New-Tork, which, as I obferved beforCj belongs to Hne Maffachufets, and contains the following con-, fiderable Towns ; thofe with this if) Mark before them fend Members to the General Affembly at Bofton. * Falmouth, * Tork, Scarborough, * Kittery, * Wells, * Berwick, Hedeck or Newcefth, The Ifles of Shales, * Edgar-Town, * Biddiford. Moft of thefe Towns have fome fmall Fortifica tions to prevent the Incurfions of the Eaftern In dians, who might otherwife over-run the Country in * Appendix, No. VI. 24 Hours. N E W-E N G L A N D. 215 24 Hours. Six Miles to the Eaft of Saco, or Scar borough, is the Town of Black-Point, Eaftward pf which are the Towns of Kennebeck and Sagadehoch in all which Places there are Stages for Fifhermen * On the Banks of the River Saco was a little Fort mounted with 10 or 12 Guns, built in the laft War to keep the Eaftern Indians in Awe. In the Town of Wells were above 100 Families before the break ing out of the faid War, but before the End of ic the Town was in a Manner depopulated. There are feveral fine Rivers in this Country, as the Rivers of Kennebeck, Sagadehock, Cafco, Saco, or Spurnwinck, Kenebunck, Tork, and Pifcataqua ; fome of which are navigable for feveral Leagues up the Country ; there are likewife feveral good Harbours in it, as Cape-Porpus, Winter-Harbour, Pifcataqua, and Cafco-Bay; and feveral Iflands on the Coaft, fome of which are 10 MUes iri Length. The Inland Part of the Country is high and mountainous, and jconfequently barren, but upon the Coaft and by the River's Side 'tis tolerably fruitful ; the chief Trade of the Inhabitants is in Beaver, Lumber, and Fifh. Southward of New-Hampfhire is the Province of the Maffachufet-Bay, which receives its Narae frora the Indian Nation that inhabited thofe Parts before the Englifh took Poffeffion of the Country ; it was cuftomary araong the Savages to give Names to their little Nations or Clans, from fpme reraarkable Hill, River, or Spring about which they lived, but whe ther this Name had its Origin from the Maffachufet River now called Charles-River, or from a Hill caWed Beacon-Hill, on the South- Weft Side of the Peninfula on which Bofton ftands, or frora a fmall Up-land to the South of Bofton fronting Mount-Bay, is not abfolutely certain, though the moft probable Account is that which I have received from the Rev, Mr, Billings of Little-Compton, by the Hands of a learned Gentleman of Bofton : His Words are P 4 thefe 5 2i6 The Present State of thefe ; " The Sachem or Segamore, who governed " the Indians m this Part of the Country, when the " Englifh came firft hither, had his Seat on a fmall " Hill or Up-land, containing perhaps an Acre " and half, abouc ewo Leagues co the Southward " of Bofton, fronting Mount-Bay, and backed wich " a large Traft of Sale Meadow ; which Hill or " Hummoth is now, in' Poffeffion of Cape. John Bil- " lings, and lies in che Shape of an Indian Ar- *' row's Head, which Arrow-Heads were called, in " their Language Mos ; or Mons, with an O Nafal, •' and a Hill in their Language is Wetufet, pro- " nounced according to us Wechufet ; hence tbis " great Sachem's Seat was called Mofwetufet, which " fignifies a Hill in the Shape of an Arrow's Head, " and his Subjefts the Mofwetufet-Indians,- from " whence wich a fmall Variation of tbe Word, the " Province received the Name of Maffachufet.'' The Boundaries of this Province are Merrimack- River on the North, the Ocean on the Eaft and South ; and tbe Provinces of Connecticut and New Tork on the Weft, The moft Northern County is Effex, which con tains the following Towns; thofe with this (*) Mark before them fend Members to the General Affembly.. Amefbury, * Boxford, * Rowley, ** Ipfwich, * Topsfield^ * Marblehead, * Lyn, * Wenham, * Andover. The * Salifbury, * Haverhill, ** Newbury, * Bradford, .* Glocefter, * Manchefter, * Beverly, »* Salem, NEW-ENGLAND. 2if The chief Town in this County is Salem, where' is one of the fineft builc Churches in the Country; 'tis fituate on a Plain between two Rivei's, and has two Harbours, Winter-Harbour and Summer-Har bour ; here the Planters of ehe Maffachufet Colony made cheir firft SectlemenC; che inferior Court is kepc here the laft Tuefday in June and December ; and the fuperior, the fecond Tuefday in November. tiorthvi ard of Salem is the high Promontory ?>«- bigzanda, now called Cape Anne, a Place of Fiftiing, and a Harbour for Ships. A littie higher is Ipfwich, a large Town fituate by the Side of a fine River ;¦ the inferior Court is kept here the laft Tuefday in March, and che fuperior the third Tuefday in May: Ac che Mouch of che River Merrimack, Newbury is pleafantiy ficuated, where abundance of Sturgeon are taken and pickled after tbe Manner ¦ ufed in the^altick; the Society for propagating the Gofpel after the Manner of the Church of England have a Miffionary here, to whom they allow 60 /. a Year. Over-a^aiR^Newbury on the other Side of Merrimack River lies Salifbury, where there is a Ferry, the River between the two Towns being half a Mile broid. Four Miles Southward of Salem is Marblehead, where there is a fmall Harbour, and a rocky Shore ; the Society for propagating the Gofpel after che Manner of the Church of England, have a Miflio- nary here to whom they allow 50 /, a Year. South ward of Marblehead is the Town of Lyn fituate in the Bottora of a Bay near a River, which on the breaking up of the Winter empties itfelf with a rapid Torrent into the Sea. The Soil of this County is not very fertile, ex cept it be near the Coaft, where tbe raoft confider able Towns are built for the Convenience of Fiifhery ; 'tis watered on the North-Eaft by the great River Merrimack, which, were it not barred in fome Places, would 2i8 The Present State of would be navigable for a great many Leagues. A little above one of the Falls of this River, at a Place called Ammufkeag, is a huge Rock in the midft of the Stream, on the Top of which are a great Number of Pits made exaftly round like Bar rels or Hogfheads of different Capacities, fome of which are capable of holding feveral Tuns ; the Natives * knpw nothing of the making them, but the neighbouring Indians ufed to hide cheir Provi fions here in, their Wars wich the Maquas, affirm ing that God had cue them out for chac Purpofe; but they feem plainly to be artificial. The next County is Middlefex, in which are the following Towns. Middlefex -County. * BiUerica, * Cambridge, ** Charles-Town, * Chelmsford, * Concord, * Medford, , * Newton, Oxford, * Reading, * Sherburn, * Lexington, * Grotton, * Lancafter, * Marlborough, * Maiden, * Stow, * Sudbury, * Eaft Watertown, * Wefton, * Woburn, * Framingbam, * Worcefter. The chief Town of this County is Cambridge, at firft called New-Town, fituated on the Northern Branch of Charles -River. There are feveral fine Streets and good Houfes in it, befides a flouriftiing Academy, confifting of two fpacious Colleges built of Brick, called by the Naraes of Harvard-College, and Stoughten-Hall,v/hich are both under the Govern- * PhiUfofhical TranfaSions, Vol. xxix. p. 70, ment NEW-ENGLAND. 219 ment of one Prefident, five Fellows, and a Trea- furer. The Style of the Corporation is tbe Prefident and Fellows of Harvard College ; the Corporation it felf is made up of the Prefident, the College-Trea- lurer, and iive neighbouring Minifters, who are impowered to choofe TutPrs, and appoint them their Salaries, to expel Students, if neceffary, or deny thera their Degrees. Thefe are the immediate Governors of the College, buc chere lies an Appeal from thera to the Overfeers. The Overfeers are his Excellency ehe Governor, his Majefty's Council, and the Minifters of Bofton, Cambridge, Charles- Town, Water-Town, New-Town, Dorchefter, and Roxbury ; thefe have a Powef of Vifitation and foraething raore, for befides the Appeal which lies to thera from the Corporation in all Cafes of Grie vance, they confirm the Choice of Tutors, nor do the Corporation confer any Degree without the Ap probation and Vote of the Overfeers ; their Grace or Licenfe for confirming Degrees on fuch as de fire them, being always firft afked upon the Day of their Convention. The learned and ingenious Mr. John Leverett, Grandfon of the famous Governor Leverett, is now Prefident of this Seminary, and is a Gentleman every Way equal to the Poft he has the Honour co fil! ; the Academy is ac prefent in a very flourifhing Condition, being encreafed within thefe laft 30 Years from 40 to more than 120 Re- fident Studencs, infomuch tbat they have built chis Year an additional Hall to the two former ; 'tis a double Building wich a double Front like the firft College, which it faces, and is three Stories high, befides the Roof. I have given a particular Account of the Foun dation of this Univerfity, and of the Publick Li brary, under the Year 1637, and fliall therefore refer the Reader back to it ; having only thefe two Things 226 The Present State of Things to add. That they ftill want Endowments for reading of Publick Lefture^ in the Cblk-ge' by Profeffors of the feveral Sciences, after the Manner of the Univerfi ties of Europe ; and that theirLi-' brary is very defeftive in modern Authors, which' may be one Reafon why the Stile and Mjinner of ihe New- England Writers does not equal that of the' Europeans. ' To fupply this Defeft, Mr, Thomas Hollis of London, ISierchant, about the Year 1^19 or 1720, fettled a Fund of Money at Intereft .producing 200/, per Ann. New- England Money and upwards,' for the eftablifhing a Profeffor of Theology, and ten Scholarfliips ; the Profeffor's Salary at 80/. per Ann. to which the Government has added 40, for ¦which he is to inftruft all Students in Divjnity with out Fee ; the Rev. Mr. Wigglefworth was the firft' Profeffor upon thisEftablifhment : The tenScholar- Ihips are each 10/. per Ann. Ten Pounds per Ann. is appointed for a Treafurer or Accomptant, and the' Remainder is to fupply accidencal Loffes, or encreafe the Number of Scudenes. The fame worthy Mr. Hollis, in the Year 1726, eftablilhed another Profefforfhip of Mathemacicks and Experimental Philofophy, which ehe Youch of that Country had no Opportunity of being inftruft cd in, at 80 /. per Ann. and not to receive above 40 s. per Ann. of any of the Students of the Univerfity ; the Students on Mr. Hollis's Foundation to be free. . It would have been impoflible for the Country to have furnilhed a Man fit for this Province, if Mr. Greenwood had not come from thence to London, and placed himfelf under_ the Inftruftion of the celebrated Mr. Defiguliers for fome Years, with a Defign to make himfelf Mafter of this particular Science; this Gentleman therefore, upon his Return to New-Engiand, was immediately chofen Mr, Hol lis's N-E W-E N G LA N D. 221 lis's firft Profdflbr of Machemacicks and Experi- mencal Philofophy. • ¦ ',' And to render chis Part of his Defign more com pleat, Mr. /Zio/Z/j prefented che, College wich a per feft and compleaC Apparacus of all kinds of Inftm- ments for the Mathemacicks, and for .naaking Ex- perimencsi in Natural Philofophy, which the Over feers are; CO keep in, repair for che Ufe of the Pro^' feffor of M.achematicks for; the Time being 5 the Expence of .which was abput 150/, Scerling. Befides chefe noble Donations, Mr. Hollis, has been the beft Benefaftor to their Library that ever the Country had ; for when by Direftion from hence ihey had printed the Catalogue of their Library and fent it over, he obferved the Defeft in modero Authors, and by his own Gcnerofity,andthe Intereft he made with his Friends, he has frora time to time fent chem over Chefts of che moft ufeful and valuable Books in all kinds of Learning, eo the Value pf feveral, hundred Pounds. This Fountain of Learning is now capable of fupplying) the whole Province with wife and learned Men ; their Cpuncellors, their Judges, tbeir Mi nifters, their Scbool-Mafters, and the Gentiemea of the General Affembly owe their Education to it; nay, the Influences of chis Seminary have reached the neighbouring Provinces, many of whofe prefent Minifters and Schooi-Mafters 'wete educaced in ic. The inferior Courc is held here ehe fecond Tuef day in Sepiejnber, and che fuperipr che lad: Tuefday in July. Charles-Town is not inferior to Cambridge in Num ber of Inhabieancs, and exceeds ic much in Refpeft of Trad?, being ficuaced beeween ewo Rivers, Mi- ftick-River,and Charles-River, and parced from Bofion only by the latter, over which there is a Ferry fo well tended, thac a Bridge is fcarce wanted, except in Winter, when the Ice will neicher bear, nor fuf fer 222 rThe Present State of fer a ^at to move through it ; and tho* the River be much broader above the Town, it is not wider in the Ferry-Paflage than the Thames between London and Southwark ; the Profits of the Ferry be long to Harvard College, The Town is fo large as to take up all the Space between the two Rivers ; 'tis beautified with a handfome large Church, a Market-Place by the River Side, and two long Streets leading down co it. The inferior Court is kept here the fecond Tuefday in Marchand December, apd the fuperior Courc ehe laft Tuefday .in January. Reading is an ordinary Town, buc commodioufly fituated on the Banks of a great Lake 5 there are two Milk in it, one for Grift, and another to faw Boards. The Rivers in this County are fmall, but there are a gpeat many of them, which water the Pafture Grounds, and render this one of fhe pleafanteft and moft fruitful Spots in New-England; the Fields are full of Cattie of all Sorts, and fupply the Town pf Bofton with Beef, Pork, &c. both for Exporta tion, and the Home-Confumption. The Comraons are covered with Sheep, and referable the County of Devon in England. The next County is Suffolk, which has the fol lowing Towns, Suffolk-County. **** Bofton, * Milton, * Braintrey, * Roxbury, * Dedham, * Weymouth, * Dorchefter, * Weodftock, * Hingham, * Wrentham, Hull, * Brooklin, * Medfield, * Needham, * Mendon, 2 The N E W-E N G LA N D. 223 The Capital of this Couniy, and of all New- England is Bofton, which, according to the exaft Calculation of Thomas Brattle,. Efq; is 7 1 -Degrees Weft from London, Latitude 42 Degrees 24, North, Variation of the Needle, neareft 9 Degrees Weft. 'Tis pleafantiy fituated in a Peninfula about four Miles in Compafs at the Bpttom of a fine Bay, guarded from ehe Roughnefs of the Ocean by fe- veral Rocks appearing above Water ; and by above a Dozen Iflands, many of which are inhabited, and one called Nottles-IJland, wichin thefe few Years was efteemed worth 2 or 300 /. per Ann. to the Owner Colonel Shrimpton ; there is but one coraraon and fafe Paflage inco tbe Bay, and that not very broad^ there being hardly Room for three Ships to come in, board and board at a Time, but being once in, there is Room for the Anchorage of 500 Sail. The moft remarkable of thefe Iflands is called Caftle- Ifktnd, from the Caftle that is built in it ; it ftands about a League from the Town upon the main Channel leading to it, and is fo convenientiy ficuated, that no Ship of Burthen can approach the Town without che Hazard of being torn in Pieces by its Cannon. The Fortifications of this Caftle were very irregular till King William's Reign, when Colonel Romer, a famous Engineer, was fenc thicher eo repair them ; the Colonel demoliflied all the old Works, and raifed an entirely new regular Fortification, now called Fort-William ; 'tis a ^arre furrounded with a covered Way, and joined with two Lines of Cora raunication frora the main Battery, as alfo a Line ef Communication from the main Gace eo a Re-* doubt, which is to prevene che landing ; 'tis mounc- ed with abouc 100 Pieces of Ordnance, 20 of which were given to the Province by Q^ Anne, and are placed on a Platform near High-Water Mark, fo as CO rake a Ship fore and aft, before fhe can bring her Brpadfides to bear againft the Caftle ; fome of thefe 224 '^^^ Present State of thefe Cannon carry forcy-ewo Pounders, Five hun dred able Men are exempted from all milieary Ducy, in Time of War, eo be ready ep aCCend the Service of the Caftle ac an Hour's Warning, upon any Signal of the Approach of an Enemy ; but in Time of Peace a Guard of fifty Men only do Duty. But to prevent any poffible Surprize from an Enemy, there is a Light-houfe built on a Rock, appearing above Water about two long Leagues from the Town, which in Time of War makes a Signal to the Caftle, and the Caftle to the Town by hoifting and lowering the Union-Flag, fo many Times as there are Ships approaching, which if they exceed a certain Number, the Caftle fires three Guns to alarm the Town of Bofton, and the Go vernor, if need be, orders a Beacon to be fired, which alarms all the adjacent Country ; fo that un lefs an Enemy can be fuppofed to. fail by fo many Iflands and Rocks in a Fog, tbe Town of Bojlon muft have fix or more Hours to prepare for their Reception ; buc fuppofing they might pafs the Caftle, there are- two Batteries at the North and Souch Ends of ehe Town, which command che whole Bay, and make ic impoflible for an Enemy's Ship of Burthen to ride there in Safety, while the Merchantmen and fmall Craft may reeire up into Charles River, out of reach of their Cannon. 'Tis equally impoffible for any Ship to be run away wich ouc of this Harbour by a Pirate ; for the Caftle fuffers no Ship outward-bound, to pafs with out a Permit from the Governor, which is not granted without a Clearing from the Cuftom-houfe, and the ufual Notice of failing, by loofing their Fore-top-fail, The Bay of Bofton is fpacious enough to con tain in a manner the Navy of England. The Mafts, of Ships here, and at the proper Seafons of the 2 Year, N E W-g N G L AN D. 22 j Year, raake a kind of Wood of Trees like thai which we fee upon the RiVer of Thames abbue Wap- ping and Limehoafe, which may. eafily be iniagined when we confider, that by Computation given in CO the Colleftors of his Majefty's Cuftoms eo che Go vernor upon the building of the Light-houfe, it appeared that tbere was 24000 Ton of Shipping cleared' annually. At the Boceom of the Bay is a noble Pier, 1800 or 2000 Foot long, with a Row of Warehoufes on the North Side^ for' the Ufe of Merchants, The Pier runs fo far into the Bay, that Ships of the greateft Burthen, may unlade Without the Help of Boats or Lighters. From the Head of che Pier yoti go up the chief Streee of che Town, at che upper End of which is theTown-Houfe or Exchange, a fine Piece of Building, containing, befides the . Walk for the Merchants, the Council-Chamber, the Houfe of Commons, and another fpacious Room for che Seffions of ehe GourCs of Juftice. The Ex change is furrounded with Bookfellers Shops, which have a good Trade. There are five Prihting-PreffeS in Bofion, which are generally full of Work, by which "it ' appears, that Humanity and the Know ledge of Letters flourifh more here than in all the other Engli^ Plantations put together; for in the City of New-Tork thete is but one little Bobkfel- ler's Ship, and in the Plantations of Virginia, Mary-'' land, Carolina, Barbadoes, ahd the Iflands, no'ne at all. The Towrt df Bofton lies in the Form of a half Moon roijind the Harboufj the ftirrounding Shore being high^ and affording a Very agreeable Pro fpeft. A confiderable Pare of ehe Peninfula upon which ehe Town ftands; is not yet builc upon, as the Reader will pbferve by ehe Map; bue yec there are ac prefenc twenty-two Alies, thirty-fix Lanes, forty-twp Streets^ arid in all together about three : Vot.TI. Q^ shea- 226 ¦ The Present $tate ef jhoufand Houfes, feveral of which for the Beauty of the Buildings may compare with moft in the City of London. The Town is very well paved, $nd feveral of the Screces as wide and fpacious as can be'defired. The Number of Houfes in the Town will en able us CO compuce che Nurnber of Inhabieancs ; for if we allow but fix or feven Perfons to a Houfe, one wich another, the whole will araount to eigh teen or eweney chpufand ; or we raay compute by the Bills of Morcality, which are in comparifon io thofe of London, as one to fifty or fifty-lwo ; for the Yearly Bill of Mortality ac Befton is rauch the fame wich one of ehe Weekly Bills ac London. The Yeariy Bill for the Year i7i8,ftopd thus, 'Whites 3.3.4 BtiriedP^S^f ¦' ? '. and Y 46 Indians J Total 380 Decreafed 71 . So that if we compuce che Inhabitants of London, and the adjacent Villages within the Bills. of Mor tality, at a Million, thofe of Bofton will amount to between 19 and 20000. Whence it appears, that the Town is confiderably increafed within thefe laft ten or twelve Years; for the late ingenrous Tho. Brattle, Efq; whofe MS. Obfervations are now , before me, fays, that in the Year lyogl the Num ber of Inhabitants did^not amount to above laor 13000 Souls. He adds further, thac tbe MUitia- of the Town confifted then of eight Companies of Foot, of about 150 or 160 in a Company, and one Troop of Horfe; but the Inhabitants being fince increafed above, a third Part, tk'ir Militia muft now amount to near accoMen, There N Etr-EN 0 LAN D. 227 There are ten Churches or Places of Publick. Worihipin Bofton ; fix of theEftabliflimenr, namely; the Old Church fo calledj becaufe 'tis the Mpther of all, the reft, whereof the Rev. Mr. Benjamin PFadJ'* worthy and Mr. Thomas Foxcroft are Paftors ; thefe are reckoned the raoft narrow in their Principles, and CO approach neareft the Brownifts, though the prefent Paftors are men of larger and more generous Principles. The North Churchy wjierepf , the Doc tors Increafe and Cotton Mather :a,re Pa(l;prs ; che South Churchf whereof the Rev, Mr., Jofeph SewaU*. and Mr. Thomas Prince are Paftors ; the Church in Brattle-Street, wherepf the Rev. Mr. Benjamin Coh man, and Mr. PVillinm Cooper are Paftors ; thefe are reckoned the lafgeft Jn their Principles, and to come neareft the Prefbyterians, becaufe, they neither; re quire the making, of publick Confeffions, nor the owning a particular Church- Coyenant, in order to admitting Perfpns, to their, Communion, as all the. other Churches do ; as likewife, becaufe they read the Scriptures, and recite the Lord's Prayer in. their publick Worfhip. The other twoGhur(;hes are lately, builc, and are called ehe New-North, a.nd thz>New-' South } Mr. John Webb being Paftor of the one,, and Mr. Samuel Chickly of; the other. But befides the forementioned Churches which are properly the Eftablifhraenc of che Councry, chere is onc'Epifcopal Church, one French, one Anabaptifts and one Congregation of fakers. The fakers ara hue few in Number, chough they are treated at prefent with as much Candour and Goodnefs as they can reafonably defire ; tfee Anabaptifts likewife are biic' fevf, but ferious, modeft, humble Chriftians : Mr. Elijha CaUender is their prefent Paftor, who was educated in. Harvard- Colhge, and was lately ordained by the two Doftor Mathers and Mr, Webb ; the French are not very numerous, , but have a handfom.e fmall Brick Building for tiieir Place of 'Worlhip » 0^2. ani > 228 Ti^f Present. St ATE, 0/"^ and the EpifcOpal Church, of which the Rev. Mr Samuel Miles and Mr, Henry Harris are Miniffersi may confift of about a Thoufand Hearers ; tbe late King WILLIAM and Queen M^^i^r gave them a Pulpit^Clothi a Cufhion, a rich Set of Plate for the Comrilunion-Table, and a Piece of Pairit- ipg, which reaches frora the Top to the Bottom of the Eaft End of the Church, coritaining the Ten Commandments, the Lord's Prayer, and the A- poftles Creed ; Thomas Brattle, Efq; gave to this Church a Pair of Organs, and the Governor's Pew is builc in a' magnificenc Manner ac che Charge of the Congregaeion. ' The Converfacion in chis Town is as police as in moft of the Cities and Towns -in England; many of their Merchants having travelled into Europe ; and thofe that flay at home having the Advantage ofa free Converfation with Travellers 5 fo that a Gen- tleniLin from London would almoft think himfelf at home at Bofton, when he. obferves the Numbers of People, their Houfes, their Furniture, their Tables, their Drefs and Converfation^ v»hich perhaps is as' fplendid and fliowy, as that of the rriofl confiderable, IVadefmeft in London. Upon the whole, Befton is the moft flourifhing Town for Trade and Commerce in the Englifh A- merica ; here' -the Governor commonly refides, the General Court and Affembly meet, the Courts of Judicature fit,' and the Affairs of the whole Province are tranfafted ; 'tis tbe beft Port in New-England, '. from whence 3 or 400 Sail of Ships, ketches, Bri- gantines, l£c. are laden every Year with Lumber,^ Beef, Pork, Fifli, &ff. fbrTeveral Parts of Europe and America. The fuperior Court of Common Plea?, and Quarccr-Seflions of che Peace, is held here for the County of Suffolk on the firft Tuefday in May and -November. The General Court of Eleftion of Oewiicellors is by the Charter on tbe laft Wednefday .... jjj N E W-E NG LA N D. 229 in May annually, but there are no Fairs nor Mar kets in this, nor hardly in any other Town in the Councry. ' , Dorchefter is the next Town to BoHon for Bignefs ; 'tis built at the Mouth of two little Rivers near the Sea-fide. Roxbury and Braintrey are noted for their Free-Schools. Roxbury is feated in the Bottom of a fliallow Bay, but has no Harbour for Shipping ; the Town is well watered with Springs ; befides the /W/««.f are divided, fome being; in Al-.' liance with the French, and others with the Englifh. ; fo that in cafe of a War they may be played one againft the other. In the Year 1710, four Indim Kings pf the fix Nations that lie between New-En^ land and Canada came into England; namely. Tee- y^eneenhogaprow, and Sagayeanquaprahton of the-il^-- quas; Elowohkaom, -and Ohneeyeathtonnoprow ofithe; River Sachem, and the Ganajohahore Sachem ; the Court b^ipg then in Mourning, they were cloathed' with black Breeches, Wajftcpat, Stockings and'. Shoes aft^r the £«^/(/i& Fafhion, and , a Scarlet . in Grain Cloth Mantle edged with Gold over all. On- the 19th of April they had an Audience of the QUEEN, being condufted to St. James's, by Sir Charles Cotterel in two of her Majefty's Coaches,^ and introduced into the Royal Prefence by the Lord- Clfi^mberlain. Major Pidgeon, one of [the Officers, that came over with tbem, read their Speech in Englfh, to thisEffcftj Great ^leenj *' X^^E have undertaken a long Voyage, which-' y Y " none of our Predeceffors cpufld be pre-" " vailed with to u.ndertake,^ to fee our Great Queen^-» " and relate to her thofe things whkh we thought I *' abfolutely; New-en g l a n d. 241 **' abfolutely neceffary for the Good of Her, and us *' her Allies on the other Side the Water, " We doubt not but our Greac Queen has been " acquainced with our long and tedious War in " Conjunftion with her Children -againft her Ene- " mies ehe French, and that we have been as a " ftrong Wall for their Security, even to the LofS' " of our beft Men, ' ' ¦ ' " We were mightily rejoiced when we heard our " Great Queen had refolved to fend afl Army to *' reduce Canada ; and immediately, in Token of our " Friend fliip, we hung up the Kettie, and took up " the Hatchet, and with one Confent" affifted Col. " Nicholfon in making Preparations on this Side the " Lake ; but ae lengeh we were told^our Great " Queen by fome -imporl^rit Affairs was preveneed " in her Defign ae prefenc ; which made us forrow- " ful, left the French, who had hicherto dreaded us, " fhould now chink us Unable to make War againft " them. The Reduftion of Canada is of great " Weight to our free Hunting, fb that if Pur Great " Queen fhould not be mindful of us, we muft wich *' our Families forfake our Councry, and feek'oeher " Habieacibns, or ft*nd- neuCer ; either of which " will be much againft biir Inclinations. " In Token of the Sincerity of the fi.x Nations, " we do, in their Names, prefenc our Great Queen *' with the Beits of Wampam, and in Hopes ot our " Great Queen's Favour, leave it to her nibft gra- "' cious Confideration." . - ; Purfuant to this Addrefs, an Expedition to Ca nada was undertaken the next Year, which mifcar ried through the Treachery of them that were at the Head of it ; for the Force that was in that Fleet, in the Opinion of the beft Judges, was fuf ficient not only to drive the French o\it of ^.ebeck, but out of all cheir Settlements in the Country. . Vol. II. R But 242 The Present State of But though the French Power in Canada is not very formidable ac' prefent, yet if ever they fliould open a Communication with the River Mifffftpi, which runs upon the Back of the Engliftj Settle ments, as they will certainly do, if the Corapany fiicceed in their vaft Defig.is, they will then enclofe all our Plantations, and perhaps in a Century or two, drive thera off the very Continent of America. The Civil Govemraent of New- Their Civil England underwent a confiderable Government. Alteration by their new Charter ; for before that Tirae, all their Magi ftrates and Ofiicers of State were chofen annually by the General Afferably, whereas now the Noraina tion of th^Governor and Lieutenant-Governor is wholly referved to the Crown ; the Militia is ab folutely in the Hands of his Majefty's Governor as Captain-General ; all Judges, Juftices of the Peace, and Sheriffs are likewife, norainated and appointed by the Governor with the Confent of his Council ; and all Officers of the Admiralty are to receive their Comraiffions frora £»^Z(j» niel Wright, Samuel Vaffall, William Pincheon, and George Foxcroft, their Heirs and Affigns, all that faid Part of New-England in America, which lies and extends between a great River there, commonly called Monomack, alias Mer imack- River, and a cer tain other River there called Charles-River, being in the Bottom of a certain Bay there, commonly called Maffachufetts, alias Mattachufetts, alias Maf fatufetts-Bay ; and alfo all and fingular thofe Lands and Hereditaments whatfoever ; lying within the Space of three Englift) Miles, on the South Part of the faid River called Charles-River, or of, any, or every Part thereof, and alfo all and Singular the Lands and Hereditaments whatfoever, lying and being within the Space of three Englifh Miles to the Southward of the fouthermoft Part -of the faid Bay called Maffachufetts, alias Mattachufetts, alias Maffa tufetts-Bay, and alfo all thofe Lands and Heredita ments whatfoever, which lie and be within the Spaqe of three Englijh Miles to the Northward of the fa'd River called' Monomack, alias Merimack, or to the Northward of any and every Part thereof, and all Lands and Hereditamencs whaefoever, lying within the Limits aforefaid. North and South in Latitude, and in Breadth, and jn Length, and Longitude of, aod Numb. II. APPENDIX. 265 and within all the Breadth aforefaid, throu^oqt the main Liands there, from the Atlantick or Weftern Sea and Ocean on the Eaft Part, to the South Sea on the Weft Part, and all Lands, Grounds, Place and' Places, Soils, Woods, and 'Wood-lands, Ha vens, Ports, Rivers, Waters, and Hereditaments whatfoever, lying within the faid Bounds and Limits, and every Part and Parcel thereof; and alfo, all Iflands in America aforefaid, in the faid Seas, or either of them on the Wefiern or Eaftern Coafts, or Parts of the faid Trafts of Lands, thereby mj:n- tioned to be given and granted, or any of them, and afl Twines ahd Minerals, as well Royal Mines of Gold and Silver, as other Mines and Minerals whatfoever, in the faid Lands and Preraiffes, or any Pare thereof, and free Liberty of Fifliing in, or within any of the Rivers, or Waters within the Bounds and Liraits afprefaid, and the Seas there unto adjpining, and all Fifhes, Royal Fifhes, Whales, Balenc, Sturgeon, and other Fiflies of what Kind or Nature foeyer, that fhould at any Time thereafter be taken in, or within the faid Seas, or Waters, or any of them, by the faid Sir Henry Rojwell, Sir John Toung, Six Richard Salfton ftall, Thomas Southcott, John Humphreys, John En dicott, Simon Whetcombe, Ifaac Johnfon, Samuel Al derfey, John Ven, Matthew Craddock, George Har wood, Increafe Nowell, Richard Perry, Richard Bel lingham, Nathaniel Wright, Samuel Vaffally Theo philus Eaton, Thomas Goffe, Thomas Adams, John Brown, Samuel Brown, Thomas Hutchins, William Vaffall, William Pincheon, and George Foxcroft, their Heirs or Afligns, or by any other Perfon or Perfons whatfoever, there inhabiting, by thera, or any of them to be appointed to fifh therein. Provided always, that if the faid Lands, Iflands, or any the Premiffes beforementioned, and by the faid Letters Parents laft mentioned, inteaded, and meant to be ^ranttd. 266 A P P E ND I X. Numb. II, granted, were at the Time of the granting of the faid former Letters Eaeents, dated the third Day of November, in the i Sth Year of the Reign of his late Majefty King James the Firft, aftually poffeff cd, or inhabited by any other Chriftian Prince, or State, or were within the Bounds, limits, or Ter ritories of che faid fouthern Colony then before granted by the faid King, to be planted by divers of his loving Subjefts in the fouth Part of America, that chen the faid Grant of our faid Royal Grand father fhould not excend to any fuch Parts or Par cels thereof fo formerly inhabited, or lying within the Bbunds of the fouthern Plantation astaforefaid. But as to thofe Parts or Parcels fo poffeffed, or in habited by any fuch Chriftian Prince or State, or being within the Boundaries aforefaid, fhould be utterly void ; to have, and to hold, poffefs, and enjoy the faid Parts of New-England in America, which lie, extend, and are abutted, as aforefaid, and every Part and Parcel thereof, and afl the Iflands, Rivers, Ports, Havens, Waters, Fifliing, Fifhes, Mines, Minerals, Jurifdiftions, Franchifes, Royal ties, Liberties, Privileges, Commodities, and Pre miffes whatfoever, with the Appurtenances, unto the faid Sir Henry Rofwell, Sir John Toung, Sir Richard SalftonftaU, Thomas Southcott, John Hum phreys, John Endicott, Simon Whetcombe, Ifaac John fon, Saniuel Alderfey, John Ven, Matthew Craddock, George Harwood, Increafe Nowell, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuel Vaf fall, Theophilus Eaton, Thomas Goffe, Thomas AdamS, John Brown, Samuel Brown, Thomas Hutchins, Wil liam Vaffall, William Pincheon, and George Foxcroft, their Heirs and Affigns for ever, to the only Ufe and Behoof of the faid Sir Henry Rofwell, Sir John Toung, Sir Richard Salflontlall, Thomas Southcott, John Hum phreys, John Endicott, Simon Wloetcombe, Ifaac John fon, Samuel Alderfey, John Ven, Matthew Craddock, " -¦ George Numb. IL APPENDIX.' 267 George Harwood, Increafe Nowell, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuel Vaf fall, Theophilus Eaton, Thomas Goffe, Thomas Adams., John Brown, Samuel Brown, Thomas Hutchens, Wil liam Vaffall, William Pincheon, and George Foxcroft, their Heirs and Affigns for evermore, to be holden of our Royal Grandfather, his Heirs and Succeffors, as of his Mannor of Eaft-Greenwich in the County of Kent, within the Realm of England, in free and common Soccage, and not in Capite, nor by Knight's Service : And. alfo yielding and paying therefore to our faid Royal Grandfather, his Heirs and Succef fors, the fifth Part only of the Oar of Gold and Silver, which from Time to Time, and at all Times hereafter fhould be gotten, had, or obtained for all Services, Exaftions and Demands whatfo ever : Provided always, and his Majefty's exprefs Wifl and Meaning was, that only one fifth Part of all the Gold and Silver Oar above- raentioned in che whole, and no more fhould be anfwered, referved, or payable unCo our faid Royal Grandfather, his Heirs and Succeffors, by colour or vercue of che faid laft mentioned Leceers Parents, the 'double Re fervation, or Recitals aforefaid, any thing contained therein notwithftanding. And to. tbe End chac the Affairs and Bufinefs which from Time to Time fhould happen and arife concerning the faid Lands, and- the Plantations of the fame might be better managed and ordered, and for the good Govern ment thereof;. our faid Royal Grandfather King Charles the Firft did by his faid Letters Patents create and make the faid Sir Henry Rofwell, Sir John Toung, Sir Richard SalftonftaU, Thomas Southcott, John Humphreys, John Endicott, Simon Whetcombe, Ifaac Johnfon, Samuel Alderfey, John Ven, Matthew Craddock, George Harwood, Increafe Nowell, Richard Perry, Richard Bellingham, N^athanief Wright, Sa muel 2U APPENDIX. Numb. 11. muel Vaffall, and Theophilus Eaton, Thomas Goffe, Tho- 'mas Adams, John Brown, Samuel Brown, Thomas Hut£hins,William Vaffall, WilUam Pincheon, and George . Foxcroft, and all fuch others as fhould thereafter be admittecl and made free of the Company and Society therein aftermentioned, one Body corporate and po litick in Faft and Name, by the Name of. The Go vernor. and Company of theMafSkchufetts-Bay in New- !England ; and did grant unto them and their Suc ceffors, divers Powers, Liberties, and Privileges, as in, and by the faid Letters Patents raay more fully and' ae large appear : And whereas the faid Gover nor and Company of the Maffachufetts- Bay in New- England, by vireue of the faid Letters Patents, did fettle a Colony of ehe Englifh in the faid Parts of America, and divers good Subjefts of this Kingdom encouraged and invited by the faid Letters Patents, did tranfport themfelves and their Effefts into the fame, whereby the faid Plantation did become very populous, and divers Counties, Towns, and Places were created, erefted, made, and fet forth, or de figned within the faid Parts of America, by the faid Governor and Company for the Time being : And' whereas in the faid Term of the Holy Trinity, in the 36th Year of the Reign of our deareft Uncle King Charles II. a Judgraent was given in our Court of Chancery then fitting at Weftminfter, uppn a Writ of fcire facias, brought and profecuted in the faid Court againft the Governor and Corapany of the Maffachufetts-Bay in New-England, that the faid Letters Patents of our faid Royal Grandfather King Charles I. bearing Date at Weftminfter the 4th Day of March, in the fourth Year of his Reign, raade and granted to the faid Governor and Company pf the Maffachufetts-Bay in New>-England, and the En rollment of the fame, fhould be cancell'd, va- -cated and annihilated, and fhould be brpught into the Numb. IL APPENDIX^. 26^ the faid Court to be cariceU'd (as in and by fh^ faid Judgnrtent remairiing* upon Record in the faid Court, doth raore at large appear:) And whereas feveral Perfbns employed as Agents in Behalf of our faid Colony of the Mbffachufetts-Bay in New- England, have made their humble Applicatioh unto us, that We would be gracioufly pleafed by our Royal Charter, to incorporate bur Subjefts in bur faid Colony, • and to grant and Confirm unto thera fuch ' Powers Privileges and Franchifes as in our Royal Wifdora fhould be thought raoft conducing Co our Intereft and Service, and to the Welfare and happy State of our Subjefts in Neiio- England ; and we be ing gracioufly pleafed to gratify our faid Subjefts^ and alfo to the End our good Subjefts wichin our Colony of New-Plimouth, in New-England, afore faid, may be brought under fuch a Form of Go vernment, as raay put thera in a better Conditioii of Defence ; and confidering as well the granting unto them as unto our Subjefts in the faid Colony of the Maffachufetts-Bay, our Royal Charter, wich reafonable Powers and Privileges, will much tend^ not only to tbe Safety, but eo the flourifhing Eftate of our Subjefts in the faid Pares of New-England^ and alfo to the advancing of the Ends for which the laid Plantations were firft encouraged ; of our fpecial Grace, certain Knowledge, and mere Motion, havd willed and ordained, and we do by tlieffe Prefent* for us, our Heirs and Succeffors, will and ordaini Tbat the Faftories and Colonies, commorily calleci and known by ehe Names of the Colony of the Maffachufetts-Bay, and ¦ Colony, of New-Plimouth, the Province of Main, the Territories called Acadia^ or Nova-Scotia ; and that all the Traift of Land ly ing between the faid Territories of Nova-Scotia and the faid Province of M^in, be-erefted, united and i4Corporattd-i and wi do by thefe Prefents unite, ere<5t 270 APPENDIX. Numb.IL ereft.and incorporate the fame in one real Province, by Name of our Province of the Maffachufetts-Bay in New-England, and. of our efpecial Grace, certain Knowledge, and mere Motion, we have given and granted, and by thefe Prefents for us, our Heirs and Succeffors, do give and grant unto our good Subjefts, the Inhabitants of our faid Province, or Territory of the Maffachufetts-Bay, and their Suc ceffors, all that Part of New-England in America, lying and extending from the great River, com monly called Monomack, alias Merimack, . on the North Part, and from three Miles Northward of the faid River to the Atlantick or Weftern Sea or Ocean, on the South Parr, and all the Lands and Hereditaments whatfoever, lying within the Limits aforefaid, and extending as far as the outermoft Points or Promontories of Land called Cape-Codd, and Cape-Mallabar, North and South, and in La titude, and Breadth, and in Length, and Longitude of, and with all the Breadth and Compafs aforefaid, throughout the main Land there, frora the faid At lantick or Weftern Sea and Ocean on the Eaft Parr, towards the South Sea, or Weftward as far as our Colonics of Rh'ode- Ifland, ConneSlicutt, and theNarrha- ganfet Country; and alio all that Part and Portion of main Land, beginning at the Entrance of Pifcata qua Harbour, and fo to pafs up thefame into the River pf Newichwannick, and through the fame into the fureheft Head thereof, and from chence Noreh-weftr ward, till one hundred and eweney Miles be finiflied, and from Pifcataqua Harbour Mouch aforefaid, Norch-eaftward along ehe Sea-Coaft eo Sagadehock ; and from che Period of one hundred and eweney Miles aforefaid, eo crofs over Land to the one hun dred and twenty Miles before reckoned up, into the Land of Pifcataqua Harbour, through Newich wannick River, and alfo the North-ha,lf of the Ifles of Numb. IL APPENDIX. 271 of Shoals, together with the Ifles of Capawock and Nantucket, near Cape Codd, aforefaid ; and all the Lantis and Hereditaments lying and being in the Country or Territory commonly called Acadia or Nova Scotia ; and all thofe Lands and Heredita ments lying and extending between the faid Coun try or Territory of Nova Scotia, and the faid River of Sagadehock, or any Part thereof, and all Lands, Grounds, Places, Soils, Woods and Wood-grounds, Havens, Ports, Rivers, Warers, and other Heredi taments and Preraifes whatfoever, lying within the faid Bounds and Liraics aforefaid, and every Part and Parcel rhereof ; and alfo all Iflands ancl Iflecs lying wichin cen Leagues direftly oppofiee to cbc inain Land wichin the faid Bounds, and all Mines and Minerals, as well Royal Mines of Gold and Sil ver, as other Mines and Minerals whatfoever in the faid Lands and Preraifes, or any Part thereof. To have and to hold the faid Territories, Trafts, Countries, Lands, Hereditaments, and all and fin gular other the Preraifes, with thefe and every of thefe Appurtenances to our faid Subjefts, the In* habitants of bur faid Province of the Maffachufetts Bay in New-England, and their Succeffors, to their only proper Ufe and Behoof for everraore, to bfc holden of us, our Heirs and Succeffors, as of our Mannors of Eaft-Greenwich, in the County of Kent, by Fealey only in free and coramon Soccage, yield ing and paying therefore yearly to us, our Heirs and Succeffors, tbe fifth Part of all gold and filver Oar and precious Scones, which fhall from time to time, and at all times hereafter happen to be found, gotten, had and obtained in any of the faid Lands and Premifes, or within any Pare chereof : Provided neverehelefs, and we do for us; our Heirs and Suc ceffors, grane and ordain, chac all and every fuch Lands, Teneraentg and Hereditaments, and all ocher Eftaces,, 27^ A P P E N D I X. Numb. IL Eftates, which any Perfon or Perfons, or Bodies politic or corporate. Towns, Villages, Colleges or Schools, do hold and enjoy, or ought to hold and enjoy, within the Bounds aforefaid, by or under any Grant or Eftates, duly made and granted by any general Court formerly held, or by Virtue of the Letters Patents herein before recited, or by any other lawful Right or Title whatfoever, fhall be by. fuch Perfon and Perfons, Bodies politic and corpo rate. Towns, Villages, Colleges or Schools, their refpeftive Heirs, Succeffors and Afhgns, for ever hereafter held and enjoy'd, according "to the Pur port and Intent of fuch refpeftive Grant, under and fubjeft neverthelefs to the Rents and Services there by referved or made payable, any Matter or Thing whatfoever to the contrary notwithftanding ; and provided alfo, that nothing herein contained fhall exterid, or be underftood or taken, to impeach or prejudice any Right, Title, Intereft or Demand, which Samuel Allen of London, Merchant, claiming- from and under John Mafon, Efq; deceas'd, or any other Perfon or Perfons, hath or have, or claimeth to have, hold or enjoy, of, into or out of any Part or.Parts of the Premifes fituate within the Limits abovementioned ; bue that the faid Samuel Allen, and all and every fuch Perfon and Perfons, may and fhall have, hold, and enjoy the fame, in fuch manner (and no other than) as if thefe Prefents had not been or made. Ic being our further Will and • Pleafure, That no Grants or Conveyances of any Lands, Tenements or Flereditaments to any Towns, Colleges, Schools of Learning, or to any private Perfon or Perfons fhall be judg'd or taken, to be voided or prejudiced, for, or by reafon of any Want or Defeft of Form, but that the fame fland and re main in force, -and be maintain'd and adjudg'd,and have Effeft in fuch manner, as the lame fhould or Numb. It. appendix: 273 or ought before the Time of the faid recited Judg ment, according to the Laws and Rules then and there ufually praftifed and allowed. And we do fur ther, for us, our Heirs and Succeffors, will, eftablifh and ordain, That from henceforth fpr ever, there fhall be one Governor, one Lieutenant, or Deputy- Governor, and One Secretary of our faid Province or Territory, to be from time to time appoineed and commiffionaeed by us, our Heirs and Succef fors, arid eighe and twenty Afllftants, or Counfel lors, to be advifing and affifting to the Governor of our faid Province or Territory for the Time be ing, as by thefe Prefents is hereafter direfted and appointed ; which faid Counfellors or Afliftanrs are to be conftituced, elefted and chofen, in fuch Form and Manner, ' as hereafter in thefe Prefents is ex preffed. And for the better Execution of our Royal Pleafure and Grant in this Behalf, We do by thefe Prefents, for us, our Heirs and Succeffor-s nomi nate, ordain, raake and conftituCe our erufty and well-beloved Simon Broadftreet, John Richards, Na thaniel Salftonftall, Wait Winthrop, John Philips, James Rujfel, Samuel SewaU, Samuel Appleton, Bar tholomew Gedney, J ohn Hathorn, Elifha Hutchinfon, Robert Pike, Jonathan Corwin, John Jolliffe, Adam Winthrop, Richard Middlecot, John Fofter, Peter Ser^ jeant, Joj eph Lynd, Samuel Heyman, Stephen Mafon Thomas. Hinkley, William Bradford, John Walley, Barnabas Lothron, Job Alcot, Samuel Daniel, and Silvanus Davies, Efqrs; the firft and prefent Coun fellors or Affiftants of our faid Proviriee, to conti nue in their faid refpeftive Offices or Trufts of Coun fellors or Affiftants, until the laft Wednefday in May, which fhafl be in tbe Year of our Lord 1693, and until other Counfellors or Affiftants fliall be chofen and appointed in their ftead, in fuch manner as in thefe Prefents is expreffed. And we do further, by Vol. II. T thefe ¦> A P P E N D I X. Numb. IL thefe Prefents, conftitute and appoint our trufty and well-beloved Ifaac Adding¬ton,- Efq; to be our firft and prefent Secretary of our faid Province, during our Pleafure, And our Will and Pleafure is. That the Goverrior of our faid Province for the Time, being, fhall have Authprity, from time to time, at his Difcretion, to affemble and call tpgether the Counfellors or Affiftants of our faid Province for the time being ; and that the faid Governor, wich -the faid Afllftants or Counfellors, or feven of them at the leaft, fhall and may, from tirae to time, hold and keep a Council for the ordering and dircfting the Affairs of our faid Province. And further, we will, and by thefe Prefents for us, ouf Heirs and Succeffors, do ordain and grant, that there fhall and may be convened, held, and kept by the Go vernor for the Time being, upon every laft Wednefr ¦day in the Month of May every Year for ever, and at all fuch other times as the Governor of our faid Province fliall think fit, and appoinc, a great and general Court or Affembly ; which faid great and general Courc or Affembly Ihall confift ot the Gor vernor and Council or Affiftants for the time being, and of fuch Freeholders of our laid Province ot' Territpry, as fliall be from time to time elefted or •deputed by the major Part of the Freeholders, and .other Inhabitants of the refpeftive Towns or Places, ,who fhall be prefent at fuch Eleftipris, each of the faid Towns and Places being hereby impowered to cleft and depute two Perfons, and no more, to ferve -for, arid reprefent them refpeftively in the faid great and general Court or Affembly: Tp which great and general Court or Affembly to be held as aforefaid, we do hereby for us, our Heirs and Sue-. .ceffors,. give and grant full Power and Authority from time to time to direft, appoint and declare what Number, each County, ^Town and Place fhall eleft mmb. II. APPENDIX. 27^ eleft and depute, to ferve for, and reprefent them refpeftively in the faid greac and general Courc or Affembly. Provided always, thae no Freeholder, or other Perfon, fhall have a Vote in, the Eleftion of Members to ferve in any great and general Courc or Affembly, to be held as aforefaid, who at the time of fuch Eleftion fliall not have an Eftate of Freehold in Land within our faid Province or Ter-' ritory, to the Value of Forty Shillings per Annurn at the leaft, or other Eftate bf Fifty' Pounds 5/^r- Ung ; and that every Perfon who fliall be fo eleft ed, fhall, before he fit or aft in the faid great and general Court or Aflembly, take the Oaths men* tioned in an Aft Of Parliament, made in the firft Year pf our Reign, , intitled. An A& for abrogating ef fhe 0.alhs of Allegiance and Supremacy, and ap pointing other Oatbs'i and thereby appointed to be ta ken inftead of the Oaths ef Allegiance and Supremacy t And lha^ll make, repeaCv and fubfcribe che Dccia* ration mentioned in the faid Aft.<;, before the Go* vernor; or Lieutenant, or Deputy-governor, or any two of the Affiftants for the Time being, who fhaM be thereunto authorized and appointed by our faid Governor. And that the Governor for the Time beingi fhall have full Power and Authority, from lime to time, as he fhall judge neceffary, to adjourn, -prorogue and diffolve all great and general Courts or Affemblies, met and convened as aforefaid. And Our Will and Pleafure is, and we do hereby, fof us, GUT Heirs and Succeffors, grant, eftablifh and ordain. That yearly, once in every Year, forever hereafter, the aforefaid Number of eight and twenty Counfellors or Affiftants, fhall be by the general -Court or Affembly newly chofen: That is to fay, eighteen at leaft of the Inhabitants of, or Proprie- ¦tors of Lands within ehe Territory formerly called '-T'he Colony of the M^achufetts Bay, and four at the - ioi.. T 2 leal|; 27^ APPENDIX. Nunib. II.' leaft of the Inhabitants of, or Proprietors of Lands wichin the Territories formerly called New-Plimouth; and three at the leaft of the In habieancs of, or Proprietors of. Land within the Territory formerly called The Province of Main; and one aC the leaft of ehe Inhabieancs of,, or Pro prietors of Lands, wichin the Territor.y lying be tween the River of Sadagahock and Nova Scotia; and that the faid Counfellors or Afllftants, or any of tbem, fhall or may at any time hereafter be re moved or difplaced from their refpeftive Places or Truft of Counfellors or Affiftants, by any great or general Court or Affembly, and that if any of the faid Counfellors or Affift»fits fhafl happen to die, or be removed, as aforefaid, before the general Day of Eleftion, that then, and in every fuch cafe, the greac and general Court or Afferably, at their .firft fitting, may pfoceed to a new Eleftion of one or more Counfellors or Afllftants, in theRporaor Place of fuch Counfellors or Afllftants fo dying or removed. And we do further grant and ordain, tbat ic fhall and may be lawful for the faid Goverr nor, with the Advice and Confent of the Council or Affiftants, from time to time to nominate and appoint Judges, Comraiffioners of Oyer and Ter miner, Sheriffs, Provofts, Marfhals, Juftices of the Peace, and other Officers, to our Council and Courts of Juftice belonging: Provided always, that.no fuch Nomiftation or Apppintment of Officers, be made without Notice firft given, or Summons iffued ouc feven Days before fuch .Nomination or Appoint- ' mene unto foch of ehe faid Counfellors or Affiftants as fhall be ac that Time refiding within our faid Province, And. our Will and Pleafure is, that the Governor, and Lieutenant or Deputy-Governor, iand Counfellors or Affiftants for the tirae bein.g, and all other Officers to be appointed or chofen, as afore- Numb. II. A P P E N i> I X. 277 aforefaid, fhall, before the undertaking the Exe cution of their Offices and Places refpeftively, take tbeir feveral and refpeftive Oaths fPr the due and faithful Performance of cheir Duties in their feveral and refpeftive Offices and Places ; and alfo che Oachs appoineed by ehe faid Aft of Parliamenr made in the firft Year of our Reigri, to be caken inftead of the Oaths pf Allegiance and, Supremacy, and fhall make, repeat and fubfcribe the Declaration men tioned in the faid Aft, before fuch Perfon or Per fons, as are by thefe Prefents herein after appointed : That is to fay, the Governor of our faid Province or Terrirory, for the time being, fhall take the faid Oaths, and raake, repeat and fubfcribe the faid De claration before the Lieuterjant or Deputy-Gover nor ; or, in his Abfence, before any two or more of the faid Perfons hereby nominated and appoint ed the prefent Counfellors or Affiftants of our faid Province or Territory, to whom we do by thefe Prefents give full Power and Authority to give and adminifter the farae to our faid Governor accord ingly ; and after our faid Governor fhall be fworn, and fhall have fubfcribed the faid Declaration, that then our Lieutenant or Deputy-Governor, for the lime being, and the Counfellors or Affiftants before by thefe Prefents nominated and appointed, fliall take the faid Oaths, and make, repeat and fub fcribe' the faid Declaration before our faid Governor j and that every fuch Perfon or Perfons, as fhall (at any time of the Annual Eleftions, or otherwife up on Death or Reraoval) be appointed to be the new Counfellors or Affiftants, ' and all other Officers to be hereafter chofen from time tb time, fhall take the Oaths to tbeir refpeftive Offices and Places be longing ; and alfo the faid Oaths appointed by the faid Aft of Parliam.ent, to be taken inftead of the faid Oaths of Allegiance and Supremacy, and fn-a)! T 3 make. 27S APPENDIX. Numb. II. rriake, repeat and fubfcribe the Declaration men tioned in the faid Aft, before the Governor orLieur tenant-Gpvernor, or any two or more Counfellons or Affiftants, or foch other Perfon or Perfons as fhall be appointed thereunto by che Governor for the time being ; to whom we do therefore by thefe Prefents, give full Power and Authority from time to time, eo give and adminifter the fame, refpeftive ly, according to our true Meaning herein before de-. clared, wiehouc any Commiffion or furcher War rant, to be had and obtain'd from us, our Heirs and Succeffors in that Behalf. And our Will and Pleafure is, and we do hereby. require and coraraand, that all and every Perfori and Perfons hereafter by us, our Heirs and Succeffors, nominated and ap pointed to the refpeftive Offices of Governor, or Lieutenant, or Deputy^Govcrnor, and Secretary of our faid Province or Territory (which faid Gover nor or Lieutenant, or Deputy-rGovernor, and Se cretary of our faid , Province or Terricory for the time being, we do hereby referve full Power and Authority to us, our Heirs and Succeffors, to no minate and appoint accordingly) fliall, before he or they be admitted to the -Execution of their refpec- tive Offices, take as well the Oaths for the due and faithful Performance of the faid Ofiices refpeftive ly, as alfo the Oath appointed by the faid Aft of Pariiament, made in the firft Year of our Reign, to be taken inftead of the faid Oaths of Allegiance and Supremacy, and fhall alfo make, repeat and - fubfcribe the Declaration appointed by ehe faid Aft in fuch manner, and before fuch Perfons as afore faid. - And furcher, our Wifl and Pleafure is, and we do hereby for us, our Heirs and Succeffors, grant, cftablifli and ordain. That all and every of the Sub' jefts of us, our Heirs and Succeffors, which fhall cqrae tP and inhabit-withinour faid Province and ; Ter- Nuriib, IL A P P E N D I X. 279 Territory, and every of their Children which fhall happen to be born there, or on che Seas in going thither, or recuming from thence, fliall liave an'd enjoy all Liberties and Immunities of free and na tural Subjefts within any of ehe Dominions of us, our Heirs and Succeffors, to all Intents, Conftruc- tions and Purpofes whatfoever, as if they and every of them were born within this our Realm of Eng land. And for the greater Eafe and Encourage ment of our loving Subjefts, , inhabiting our faid Province or Terricory of the Maffachufetts Bay, and of fuch as fhall come to inhabit thercj we do by thefe Prefents for us, our Heirs and Succeffors, •grant, eftablifh and ordain, that for ever hereafter, there fhall be a Liberty of Confcience allowed in ¦ the Worfhip of God to all Chriftians (except Pa pifts) inhabiting, or which fhall inhabit or be refi dent within our faid Province or Territory ; and we do hereby grant and ordain, that the Gover nor, or Lieueenant, or Depuey-Governor, of our faid Prevince or Terricory for the Time being, or eicher of them, or any cwo or more of the Council .or Afllftants for the Time being, as fhafl be there unto appointed by the faid Governor, fhafl and may, at aH Times, and from time to time hereafter, have. full Power and Authordty eo adminifter and give the Oaths appoineed by the faid Afts of Parliament, made in the firft Year of our Reign, to be eakeh inftead of the Oachs of Allegiance and Supremacy, to all and to every Perfon and Perfons which are now inhabiting or refiding wichin our faid Province or Terricory, . or which fhall ac any eime or times hereafter go pr --pafs chieher. And we do of our furcher Grace, cerCain Knowledge, and mere Mo tion, grane, eftablifh and ordain, for us, our Heirs and Succeffors, tbat the great and general Court oj- Affembly of our faid Province or Territory for the .¦ ^ J 4 ¦ Tiaie- 28o APPENDIX. Numb. IT. Time being, convened as aforefaid, fliall for ever have full Power and Authority eo ereft and con- fticuce Judicatories arid Courts of Record, or other Courts, to be held in the Name of us, our Heirs and Succeffors, for the hearing, trying and deter mining of all manner of Crimes, Offences,^ Plea,?, Proceffes, Plaints, Aftions, Matters, Caufes, and Things whatfoever, arifing or happening within our faid Province or Territory, or between Perfons in habiting or refiding there, whether the fame be criminal or civil, and whether the faid Crimes be capital or not capital, and whether the faid Pleas be real, perfonal, or mixt, and for the awarding and making out cf Executions thereupon ; to which Courts and Judicatories, we do hereby for us, our Heirs and Succeffors, give and grant full Power and Authority, frora Tirae to Time, to adminifter Oaths for the Difcovery of Truth in any Matter in controverfy, or depending before them ; and we do for us, our Heirs and Succeffors, grant, eftablifh and ordain that the Governor of our faid Province or Territories for the Time being, with the Council or Affiftants, may do, execute or perform all that- is neceffary for the Probate of Wills, and granting of Adminiftrations for, touching, or concerning any Intereft or Eftate which any Perfon or Perfons fliall have within our faid Province or Territory. And Whereas we judge it neceffary, that all our Subjedts fliould have Liberty to appeal to us, our Heirs and Succeffors, in Cafes that may deferve tbe fame, we do by thefe Prefents ordain, that in Cafe either Party ihall not reft fatisfied with the Judgment or Sentence of any Judicatories or Cpures within our faid Province or Territory in any perfonal Aftion, wherein che Matter in difference doth exceed, the Value of three hundred Pounds Sterling, that ehe^ he or they may appeal tp us, pur Heirs and Suc^ ceffors. Kumb. II. APPENDIX. 2S1 ceffors, in our or their Privy Conncil, provided, that fuch Appeal be made within fourteen Days after the Sentence or Judgment given, and that before fuch Appeal be allowed. Security be given by the Party or Parties appealing, in the Value of the Matters in difference, to pay or anfwer the Debt or Daraagcs for which the Judgraent or Sen tence is given, with fuch Cofts and Daraagcs a$ Ihall be awarded by us, our Heirs or Succeffors, in cafe the Judgraent or Sentence be aSirmed : And provided alfo, that no Execution fliall be laid or fuipended, by reafon of fuch Appeal to us, our Heirs and Succeffors, in our and their Privy Coun cil, fo as the Party fuing, or taking out Execution, do in the like raanner give Security to the "Value of the Matter in Difference, to make Reftitution in cafe the faid Judgment or Sentence be revcrfed or annulled upon the faid Appeal. And we do further, for us, our Heirs and Succeffors,' give and grane to the faid Governor, and the great and general Courc or Aflembly of our faid Province or Territory, for the time being, full Power and Auchoricy, from tirae to tirae, to raake, ordain and eftablifh all manner of wholfome and reafonable Orders, F^aws, Stacutes and Ordinances, Direftions and Inftruc- tions, either with Penalties or withouc, (fo as the fame be not repugnant or contrary to tbe Laws of this our Realm of England) as they fhall judge to be for the Good and Welfare of our faid Province or Territory, and for the Government and Ordering thereof, and of the People inhabiting, or who fhall inhabit the farae, and for ehe neceffary Supporc and Defence of the Governraenc thereof And we do for, us, our Heirs and Succeffors, give and grant tbat the faid General Court or Affembly, flliall haye full Power and Aiithority to name and fettle annually, all civil Officers within the faid Provinqe, fuch Officers excepted, the Election and Conftitution of 2^2 APPENDIX. Nutnb. Tt. of whom we have by thefe Prefents referv'd to us, our Heirs and Succefibrsj or to the Governor of our faid Province for the time being; and to fet fqrth the feveral Duties, Powers and Limits of every fuch Officer, to be appointed by the faid Ge neral Court or Affembly,and the Forms of fuch Oaths noc repagnantto the Laws and Statutes of this our Realm of England, as fhall be refpei^vely admi niftred unto them for the Execution of their feveral Offices and Places, and alfo to impofe Fines, Mulfts, Imprilbnments, and other Punifliments ; and to impofe and levy proportionable and reafonable Af- feffments. Rates and Taxes, upon the Eftates and Perfons of all and every the Proprietors or Inha»- bitants of our faid Province or Territory, to be if fued and difpofed cf by Warrant under the Hand of the Governor of our faid Province for the Time being, with the Advice and Confent of the Council, for our Service in the neceffary Defence and Sup port of our Government of our faid Province or Territory, and the Proteftion and Prefervation of the Inhabitants there, according to foch Afts as are, or fhall be in Force within our faid Province, arid £0 difpofe Matters or Things, vfherehy our Subjefts and Inhabitants of our faid Province may be religi- oufly, peaceably and civilly governed, protefted, and defended, fo as their good Life and orderly Converfation may win the Indians, Natives of the Country, to the Knowledge and Obedience of the only and true God and SavioHr of Mankind, and the Chriftian Faith, which his Royal Majefty, out- Royal Grandfather King Charles the Firft, in his faid Letters Patents declared was his Royal Intentions, and the Adventurers free Profeffion to be the prin cipal End of the faid Plantation. And for the better fecuring and maintaining Liberty of Con fcience hereby granted to all Perfons, at any Time being and refiding within our Md. Proyince or Ter ritory Nurak K. APP E' N D I X.- ^83 ritory as aforefaid, willing, commanding, aad re7 quiring,. and hy thefe Prefents,. for us, our Heirs and Succeffors, ordaining, and appointing, that all fuch Orders, Laws, Statutes and Ordinances, In- ft;ruftions and Direftions as fhall be fo raade and publifhed under our Seal of our faid Provinpe or Territory, fliall be carefully and, duly obferved, kept and performed, and put in Execution, according to the true Incent a^ Meaning of chefe Prefents : Provided always, and we do,, by thefe Prefencs for us, our Heirs arid Succeffors, eftabhfli and ordain^ that in the framing and paffing of all fuch Orders, Laws, Statutes and Ordinances, and in all Elec tions and Afts of Governraenc whatfoever, to be paffed, raade, or done by tbe faid General Courc or Affembly, or in Council, the Governor of our faid Province or Territory of the Maffachufett-Bay in New-England for the Time being, fhall have the Negative Voice : And that wichout his Confent or Approbation fignificd and declared in Writing, no ¦fuch Orders, Laws, Statutes, Ordinances, Eleftions, or other Afts of Government whatfoever, fo to be fnade, paflfed, or done by the faid General Affembly, or in Council, fhall be of any Force, Effeft, or Va lidity, any Thing herein contained to the Contrary ¦in any wife notwithftanding. And we do for us, our iHeirs and Succeffors, eftablifli and ordain, that the faid Orders, Laws, Statutes and Ordinances be by the firft Opportunity after the making thereof, fent or tranfmitced unco us, our Heirs and Succeffors, under the publick Seal, to be appointed by us, for our or their Approbation, or Difallowance ; and tiiat in cafea.ll, or any of them fhall at any Time within the Space of three Years, next after the fame fliall have, been prefented to us, our Heirs and Succef fors, in our or their Privy Council, be fo difallowed and rejeftxd, 4nd lb fignificd by us, our Heirs and Succeffors, urider :Our or their Sign JVfanual and Signet, 284 A P P E N D 1 3f : Numb. II. Signet, or by Order in our or their Privy Council, unto the Governor for the Time being, then fuch and fo many of them as fhall be fo difallowed and rejefted, fhall thenceforth ceafe and determine, and become utterly void, and of none Effeft. Pro vided always, that in cafe we, our Heirs or Succef fors, Ihall not within the Term of three Years after the prefenting of fuch Orders, Laws, Statutes, or Ordinances as aforefaid, fignify our or their Dif allowance of the fame, then the faid Orders, Laws, Statutes or Ordinances fhall be and continue in full Force and Effeft, according to the true Intent and Meaning of the fame, until the Expiration thereof, or, that the fame fhall be repealed by the General Afferably of our faid Province for the Time beirig. Provided alfo, that it fhall and may be lawful for the faid Governor and General Af^ fprably, to make or pafs" any Grant of Lands lying within the bounds of the Colonies' forraerly called the Colonies of the Maffachufetts-Bay, and New- Plimouth, and Province of Maine, in fuch manner as heretofore they might have done by virtue of, any former Charter or Lecters Patents ; which Grants of Larids within the Bounds aforefaid, we do here by will and ordain to be and continue for ever of full Force and Effeft, without our further Approbation or Confent, and fo as neverthelefs, and it is our Royal Will and Pleafure, thac no Grant, or Grants of any Lands lying, or excending frora the River of Sa gadahoc to the 'Gulpb of Sc, Laurence and Canada Rivers, and to the raain Sea Northward and Eaft ward, to be raade or paffed by the Governor and General Afferably of our faid Province, be of any Force, Validity, or Effeft, until we, our Heirs and Succeffors, fhall have figriified our or their Appro bation of the fame : And we do by thefe Prefencs for us, our Heirs and Succeffors, grant, eftablifli, and ordain, -that the Governor of our faid Province Nutnb. II. A P P E N D I X. 285 or Terrieary for the time being, fhall have fuU Power by himfelf, or by any chief Commander, or other Officer or Officers to be appointed by him from tirae to tirae, to train, inftruft, exercife, and govern tbe Militia there : And for the fpecial De fence and Safety of our faid Province or Territory, to affemble in raartial Array, and put in warlike Pofture, the Inhabitants of our faid Province or Territory, and to lead and conduft them, and with them to encounter, expulfe, repel, refift, and purfue by Force of Arms, as well by Sea as by Land, with in or wichout the Limits of our faid Province or Terricory, and alfo to kill, flay, deftroy and con quer, by all fleeing Ways, , Enccrprizes, and Means whaefoever, all and every .fuch Perfon and Perfons, as fhall ae any tirae hereafter atterapt or enterprize the Deftruftion, Invafion, Decriraent or Annoyance of our faid Province or Terricory ; and to ufe and £xercife the Law Martial in Time of aftual War, Invafion or Rebellion, as Occafion fhall neceffarily require ; and alfo fi^om titne to tirae to ereft pprcs, and to .fortify any Place or Places within our faid Province or Territory, and the farae to furnifh with all neceffary Araraunition, Proyifion apd Stores of War for Offence and Defence, and to corarait frora time to tirae the Cuftody and Go vemraent of the fame to fuch Perfon or Perfons as to him fhall feem meet ; and the faid Forts and Fortifications to demolifh at his Pleafure, and tp take and furprize by all Ways and Means whatfo ever, all and every fuch Perfon or Perfons, with their Ships, Arms, Ammunition and other Goods, as fhall in a hoftile manner invade, or attempt the invading, conquering, or annoying of our faid Province or Territory, Provided always, and we do by thefe Prefents, for us, our Heirs and Succeffors, grant, eftablifli and ordain, that the faid Governor fhall not at any tirae hereafter, by Virtue of any j^ Power? SiU A P P E N D I X. NuBbb. JI, Powers hereby granted, or hereafter to be granted to him, tranfport any of the Inhabitants of our faid Province or Territory, or oblige them to march out of ^e Limits of the fame, without their fres and voluntary Confent, or the Confent of the Gre^J and General Court or Affembly of oijr faid Province or Territory, nor grant Commiffions for exercifing the Lav/ Martial upon any of the Inhabitants pf our faid Province or Territory, without the Advice and Confent of the Council, or Affiftants of the farae; Provided in the hke Manner, and we do by thefe Prefents, for us, our Heirs and- Succefforis confti^ tute and ordairi, that when, and as often as the Governor of our faid Province for the time being, fliall happen to die, or be difplaced by us, our Heirs or Succeffors, or to be abfent from his Government j that then, and- in any of ehe faid Cafes, the Lieu"- tenartc brDepucy -Governor of our faid Province, for the time being, fhall have full Power and Au* thority tb do, and exearte all, and every fuch Afts, Matters, and Things, which our Governor of our faid Province, for the time being, inight or could, by Virtue of thefe our Lecters Patents lawfully do, or execute, if he were perfonally prefenr, until the Return of the Governor fo abfenti or Arrival j ot Conftitution of fueh other Governor as fhall o^ may be appointed by us, our Heirs or SuCceflbrs, ifi his ftead: And that^when, and as often as the Go vernor, and' Lieutenant, or Deptity-Governor of our faid Province or Territory, for the time being, fhafl happen to die, or be difplaced by us^, our Heirs or Succeffors, Or be abfent from our faid Pro vince ; and thac there fhall be no Perfon within the faid Prov^ince commiffionated by us, our Heirs or Succeffors, to be Governor within the farae ; theft, and in every pf che faid Cafes, the Council or Af fiftants of our faid Province fhall have full Power arid Authority, and we do hereby give, and grant unto Numb. II: APPENDIX. 287 tinto the faid Council or Affiftants of our faid Pro vince, for the tirae being, or the raajor Part of them, full Power and Authority to dp, and execute all, and every fiich Afts, Msitters and Things Which the .faid Governpr, or Lieutenant, or Deputy Go.< vernor of our faid Province or Territory, for the time being, might or could lawfully do, or exercife, if they, or eicher of them were perfonafly prefent, until the Return of the Governor, or Lieutenant, or Deputy Governor fo abfent, or Arrival, or Con ftitution of fuch other Governor, or" Lieutenant, or Deputy Governor, as fhall or may be appointed by us, our Heirs or Succeffors, from time to time. Provided always, and it is .hereby declared, that nothing herein fhall extend, or be taken to ereft, or grant, or allow the Exercife of any Admiral Court, Jurifdiftion, Power or Authority, but that the fame Ihall be, and is hereby referved to us and our Suc ceffors, and Ihall from tirae to time be erefted, granted and exercifed, by Virtue of Commiffions to be. iffued under the Great Seal of England.^ or under the Seal of the High Admiral, or the Comraiffioners for executing the Office of High Admiral of Eng land. And furcher, our exprefs Will and Pleafure is, and we do by thefe Prefents, fbr us, our Heirs and Succeffors, ordain andi appoint, that thefe our Letters Patents fhall not in any rnanner enure, or be taken to abridge, bar or hinder any of our loving Subjefts whaefoever, to ufe and exercife the Trade of Fifhing upon the Coafts of New-England, bat thae they, and any of them, fhall have full and free ^Power and Liberty to continue and ufe their faid Trade of Fifhing upon ehe faid Coafts, in any of the Seas thereunto adjoining, or any Arms of the faid Seas, or falt-warec Rivers, v/here they have been wont to fifh ; and co build, and fee upon the X.ands within our faid Province or Colony lying wafte, and not chen poffeffed by particular Pro- l prietors. 1 288 APPENDIX. Numb. II • prietors, filch Wharfs, Stages and Work- Houfes as fhall be neceffary for the fairing, drying, keeping and packing of their Fifh, to be taken;or gotten upon that Coaft, and to cut down and take fuch Trees, and other Macerials there growing, or being upon any Parts or JPlaces lying wafte, and not then in Pof- fefllion of particular Proprietors, as fhall be needful for that Purpofe, and for all other neceffary Eafe- ments. Helps and Advantages concerned the Trade of Fifhing there, in fuch Manner and Form, as ihey have been heretofore at any Time accuftoraed to do, without raaking any virilful Wafte or Spoil any thing in thefe Prefents containing to the con trary notwithftanding. And laftly, for the better providing and furnifliing of Mafts for our Royal Navy, we do hereby referve to us, our Heirs and Succeflfors, afl Trees of the Diameter of 24 Inches^ and upwards of 12 Inches from the Ground, grow ing upon any Soil, or Traft of Land within our faid Province or Terricory, noc heretofore graneed to any private Perfons ; and wc do reftrain, and forbid all Perfons whatfoever, from felling, cutting or de ftroying any fuch Trees, without the Royal Licence of us, our Heirs and Succeffors, firft had and obtain ed, upon Penalty of forfeiting One Hundred Pounds Sterling unto us, our Heirs and Succeffors, for every fuch Tree fo felled, cut, or deftroyed, with out fuch Licence had or obtained in that Behalf: Any thing in thefe Prefents contained to the contrary notwithftanding. In Witnefs whereof we have caufed thefe our Leceers eo be raade Paccnes, Wic- nefs Ourfelves at Weftminfter, che yehDay of Odiobery in the third Year of our Reign. 'o' By Writ of Privy Seal. PIGOT. A P- Numb. IL APPENDIX. 289 APPENDIX to the College Charter, 1657. At a General Court held at Bofton tht I ^th of Odober, 1657. IN anfwer to certain Propofals prefented to this Court, by the Overfeers of Harvard College, as an Appendix to the College Charter, it is or dered. That the Corporation fhall have Power from time to time, to make fuch Orders, and By-Laws, for the better ordering and carrying on the Work of the College as they fhall fee Caufe, without Dependence upon Confent of the Overfeers fore going : Provided always, that the Corporation fliall Be refponfible unto, and thofe Orders and By-Laws Ihall be alterable by the Overfeers according, to their Difcretion. And when che Corporation fliall hold a Meeting for agreeing with College Servancs, for making of Orders and' By-Laws, for debating and concluding of Affairs concerning the Profits and Revenues of any Land, or Gifcs, and che Dif- pofing thereof (provided that all the faid Difpofals be according to the Will of the Donors) for ma naging all emergent Occafions, for procuring of a General Meeting of the Overfeers and Society, in great and ,difliculc Cafes, and in Cafes of Non- agreement, and for all other College Affairs ro them appercaining : In all thefe C;ife5, the Conclufion Vol. II. U fliall 290 A P P E N D I X. Numb. IIL fhall be valid, being made by the major Part of che Corporation, che Prefident having a calling Voce : Provided always, ehat in thefe things alfo, they "be refponfible to the' Overfeers, as aforefaid. And in Cafe the Corporation fhall fee Caufe to call a Meet ing of the Overfeers, or the Overfeers fhafl fee good to meet of themfelves, it fhall be fufficient unto ehe Vafidicy of College Afts, that Notice be . given Co the Overfeers, in the fix Towns raentioned in ehe princed Law, Anno 1642, when the reft of the Overfeers, by Reafon of the Reraocenefs of cheif Habicacions,- cannot convenientiy be acquainted therewith. [Numb. III.] Jn AB for the Perpetuating and Advancement of Harvard College. At the fecond Seffions of the General Court for Eleftions held at Bofton the %th of Oftobcr 1672, on their Adjournment. H E R E A S by the good Hand of God, there bath been ereftedand con tinued a College in Cambridge in the County of Middlefex, called by the Name of Harvard College, and that by an Inftrument or Charter dated the 31ft of May in the Year 1650, the Prefident and Fellows thereof were Numb. IIL APPENDIX. 291 were eftabhflied to be one Body Corporate, by the Authority of this Court ; and whereas, feveral-Gifts and Donations have been made, and are ftill making by many v/ell devoted Perfons, Inhabitants of this Country, as alfo Strangers, for the Maintenance of the Governors and Government thereof, and. for all Accommodations of the Scholars thereof in Books, Buildings, Leftures and Scholarfliips, and all other neceffary and fitting Provifions, that may conduce to the Education of Englift:) and Indian Youth. Now for the Perpetuation and further Advance- rnent of fo good a Work, and for the better En couragement of all Perfons therein concerned or to be concerned. It is ordered and enafted by this Court, and the Authority thereof. That Leonard Hoare, Doftor in Phyfick, be the prefent Prefident of the faid College, Mr. Samuel Dantford, Fellow of the faid College, Mr. Urian Oakes, Paftor of the Church of Cambridge, Mr. Thomas Shepherd, Teacher of the Church of Charles-Town, Mr. Jofeph Brown and Mr. John Richardfon, Mafters of Arts, be the Fellows, and Mr. John Richards, the Treafurer of the faid College and Corporation for the Tame being; and that the Prefident, Fellows and Trea furer of the faid College, or the Fellows alone when there is no Prefident effablifhed, and their Succef fors from time to time, be the imraediate Gover nors thereof, and fliall in Name and Faft for ever hereafter be one Body Politick and Corporate in Law to all Intents and Purpofes, and fhall have perpetual Succeflion, having Power and Auchoricy by thefe Prefents (procuring a Meeting of ehe Over ¬feers, and their Council and Confent) co eleft Suc ceffors into che Places of any one or more of chem, which fliall be by Death or Removal made vacant : Be ic alfo hereby aucborized and enafted, Thac the feid Corporation and their Succeffors fliall have the Power of Conftituting, and again at their Pleafure, ,U 2 Re- l^z APPENDIX. Numb. IIL Removing afl inferior Officers to the faid Society appertaining, and all the nexc and immediace Go vernmene of every Member of rhe faid Sociecy, ac cording Co fuch Orders and Laws' as are or fliall be eftabliflied by rhe faid Corporation. The Over- fe rs of che College allowing or not contradifting the faid Laws upon Notice of thera, given to them at their next Meeting ; and alfo the faid Corporation and their Succeffors may purchafe and acquire to themfelves, pr take and receive upon free Gift any Lands, Tenements, Hereditamencs, Annuities,^ Services, Goods, Monies, or any oCher Emoluments whaefoever, or from whomfpever, and obferving ftreightiy ehe Will of ehe Donors, difpofe of ehe fame, eo che Ufe and Behoof of ehe faid College, or any Members chereof ; and rhaC the Prefident may warn a General Meeting of ehe faid Corpora tion for debating any of che Affairs aforefaid, in all which Cafes, che Conclufion fhall be made by the major Part prefent, the Prefident having a cafting Voice ; and that the faid Corporation with their diftinft Treafurer (if any fuch be chofen) by the Name of the Prtfidcn", Fellows and Treafurer of Harvard College, -may fue and plead, or be fued or impleaded in all Courts or Places of Judicature -within this Jurifdiftion of the Maffachufetts Colony to all Intents and Purpofes in Law, and with Effeft, as may any private Perfon or Body Incorporate ; only the Eftate co the Corporation belonging, and not chac which belongs prpperly to any Meraber of the laid Corporation, being liable to fuch Implead- mfenCs, Alio thac the laid Corporation or any chree of chem, ehe Prefident being one, in all Crimes by the Laws of chis Councry punifliable by one Ma giftrate, of fcourging, fining or otherwife corrcfting all inferior Officers pr Members to tbe faid Society belonging, as the Laws pf the Country provide in fuch Cafes, or the Law? of the College not repug nant Numb. m. APPENDIX. 293 nant to thera, and for that End, any of the faid Corporation fliall, and hereby have Power per fonafly, with fuch Aid of che Society as chey fliall think meet, taking the Conftable along with chem, to enter into any Houfes licenfed for publick Encer- tainmenC where they fhall be informed, or may be fufpicious of any Enormities to be plotting or aftincr by any Members of their Society ; and all Conftables, and all other inferior Civil Officers in that Place are hereby authorized and commanded to be readily aiding or affifting to them in any of the Premifes ; neither fhall any Perfon or Perfons legally expelled the College abide above ten Days in the Townfliip of Cambridge, unlefs their Parents live in the fiid Townfhip : And be it alfo ordered and enafted by this Court, and the Authority thereof. That all the Lands, Tenements, Hereditaments arid Annuities within this Jurifdifton, to the fiid Corporation .ap pertaining, not exceeding the Value of five hundred Pounds per Annum, fhall from henceforth be freed from all ordiriary civil Impofitions, Taxes and Rates ; and all Goods to che faid Corporation, or to any Scho lars thereof appertaining, fhall be exempted frora all manner of Toll, Cuftom or Excife whaefoever, except in Cafes of War or extraordinary Exigencies of the Country ; and moreover, that the faid Pre fident, Fellows and Scholars, together wich cheir menial Servants and other neceffary Officers (noc ex ceeding, the Number of ten) fhall be utterly ex empted from all Perfonal and Civil Offices, Mili tary Exercifes, Watcbings and Wardings, or the like Publick Services ; and the perfonal Eftates of the faid Corporatiort and their Officers (not exceed ing one hundred Pounds a Man) fhafl be alfo fr^ed from the like Country Taxes for ever: All and ¦ every of which Premifes we do ordain and enaft to be fully eftablifhed for Laws, any Law, Grant or f fage'tQ the contrary in any wife notwithftanding. U 3 An 294 APPENDIX. Numb. IV. [Numb. IV.] An Abridgment of the Platform of Church- Dif cipline, agreed upon by the Elders and Mef fengers of the Churches affeinhled in the Synod of Cambridge in New-England, to he pre fented to the Churches and General Court, for their Confideration and Acceptance^ in the Tear 1648. CHAP. I, Of the Form of Church-Government, and that it is one, immutable, and prefcribed in the Word of God. §. I, ^^^^^Pj^ HuRCH-GoVERNMENT is nO- "^ ~ ' thing elfe but the Forra and Order to be obferved in the Church of Chrift on Earth, both as to its Conftitution and all its Adminiftrations, §, II, III, The Parts of Church-Government are all exaftly defcribed in the Word of God ; fo that it is not left in the Power of Men, Officers, Churches, or any Staee in ehe Worid, to add, diminifli, or alter any thing in it, §. IV. The Circumftances of Time and Place, &?c. belonging to Order and Decency are not fo left to Men, as that under Pretence of tbem, they may thruft their own Inventions upon the Churches, but the Apofto- Numb. IV. APPENDIX. 295 Apoftolieal Prefcription is to be obferved, that all Thiqgs , be done decently, and in Order, and for Edification, according to che Nacure of the Things themfelves. CHAP. II. Of the Nature of the Catholick Church in general, and in fpecial of a. particular Vifible Church. §. I. The Catholick Church is the whole Com pany of them that are elefted and redeemed, and in time effeftually called unto a State of Grace and Salvation in Chrift. , ^ , §, II, III, IV, This Church is either triumphant in Heaven, pr militant on Earth ; the Church mi litant ""is in-vifible or vifible ; invifible comprehends all that are united to. Chrift by the Holy Spirit and Faith : Vifible, fuch as make a publick Profeffion ¦of their Faith in particular Churches. §, V. The Seate of che Members of the milicanit vifible Church, was under the I...aw National, but fince che coraing of Chrift, only Congregational, and therefore neicher National, Provincial, nor Claffical, (ehe Term Independant we approve noc.) : §. VI, A Congregational Church, is by, the.In- ftitution of Chrifl, a Part of the Militant Vifible' Church, confifting of a Company of Saints by call ing, united into one Body by an Holy Covenant, for the publick Worfhip of God, arid raucual Edi fication of one another in the Fellowfliip of Chrift. C H A P, III, ¦0/ the Matter of the Vifible Church, fioth in RefpeSi of Quality and ^antity. §. I, II, The Matter of the Vifible Church are 5aints by calling, that is, fuch as underftand the Principles of Religion, and together with the Pro- U 4 feffion 296 APPENDIX. Numb. IV. feffion of their Repentance and Faith in the Lord Jefus Chrift walk in blaraelcfs Obedience to his Coramands. §. IV, The Matter of the Church, as to its Quantity ought not to be more than may conve niently meet together in one Place, nor fewer than may conveniently carry on Church- Work, , §. V. Every particular Church has a Miniftry appointed and ordained fof its. particular Service ; the Scripture making no Mention of ordinary Of ficers appointed over the Catholick Church ; fo that there is no greacer Church ehan a Congregation which may ordinarily meet in one Place. CHAP. IV. Cf the Form of the Vifible Church, and ef Church- Covenant. §. I, II, III. The Form of a particular Vifible Church is the Vifible Covenant, Agreement or Con fent, whereby they give up themfelves to the Lord to the obferving of the Ordinances of Chrift to gether in the fame Society, which is ufually called the Church- Covenant. §, IV, This voluntary Agreement or Covenant we conceive is in Subftance kept, where there is a real Agreement and Confent ofa Company of faith ful Perfons, to meet conftantiy together in one Congregation, for the publick Worfliip of God for their mutual Edification, though they do not ex prefs it by Writing, or any particular Form of Words, §. VI. All Believers ought, as they have Op portunity, to join to a particular Church, that they may profefs their Subjeftion to the Order and Or dinances of the Gofpel, in Compliance with the Command of Chrift, and for their own Edifica tion ; for fliould all Believers negleft this Duty, it might Numb. IV. APPENDIX. 297 might follow, that Chrift fhould net have a vifible political Church upon Earth. CHAP, V. Of the flrft Subject of Church-Power, or to whom Church-Power doth firft belong. §, I, The firft fupreme Objeft of Church-power is the Lord Jefus Chrift, buc Minifterial, ordinary Church-Power, belongs eo the Church. §. II. Ordinary Church-Power is either Power of Office, which belongs to the Elderfliip ; or Power of Privilege, which belongs to the Brotherhood ; the latter is given thera formally by Chrift, but the forraer can't be exercifed by thera, but. is iri them only, as they appoint the Perfons to Office who arc to exercife that Power. CHAP. VI. Of the Officers of a Church, and efpecially of Paftors and Teachers. §. I, II. Tho' Officers are not abfolutely necef fary to the Being ofa Church, yet they are neceflary to its Well-being, and therefore are appointed by Chrift to continue to the End of the World. §. Ill, Thefe Officers are neither extraordinary, as Apoftles, Prophets, Evangelifts, who as they were called extraordinarily by Chrift, fo their Office ended with therafelves. Ordinary Officers are El ders and Deacons. ^. IV. Of Elders fwho are alfo in Scripture called Bifhops) fome attend chiefly to the Miniftry of the Word, as the Paftors and Teachers, others to its Rule, who are therefore called Ruling Elders. §. V, VI. The Offices of Paftor and Teacher in the Church are diftinft, the one being to attend to Exhortation, the other to Dodlrine j but boch are to ¦298 APPENDIX. Numb. IV. to preach, to adminifter the Sacraments and Church- Cenfures. C H A P. VII. Of Ruling Elders and Deacons. §, I. Ruling Elders are not fo called, to exclude the Paftors or Teachers from Ruling, becaufe Rule is common to them all, whereas • Preaching and Teaching is peculiar to the latter. - ¦ . - §. II.' TbeOfficeof tlieRulingElder isto join with the Paftor and Teacher in fuch A6ts of Rule as are diftinft from the Miniftry of the Word and Sacrav ments, as iri admitting or excluding Members by the Confent of the Church, in Ordaining Officers chofen by the Church, in calling the Church toge ther on proper Occafions. In preparing Matters Jn private to be laid before the Church, In keeping Order in Church-Debates,' In feiing that none of the Church live diforderly. In preventing and heil! ing Offences in the Chirfch. In feeding ehe Flock wich a "Word of Admonition. In praying over cheir fick Bfechren, as ehey fhall be fenc for,- arid at other Times, as Opportunity fhall fetve. §. III. The Office and Work of a Deacon is to receive the Offerings of the Church ; Gifts given to the Church, and to keep the Treafliry of the Church, and therewith to ferve the Tables which the Church is to provide for, as ehe Lord's Table, the Minifter's Table, and the Poors Table, to whom ehey are to diftribuce in firaplicity. §. IV. Tbe Office of a DeacPii being limieed to the Care of the temporal good Things of ehe Church, it extends noe eo the Attendance' upon, and Admi niftration of the fpirirual Things chereof, as the Word, Sacraments, and the like. i §. VI, Thefe being all the Ofiicers that Chrift !nas appointed in the Church, all ochers are to be looked Numb. IV. A P P E Nr D I X. 299 looked on as the Inventions of Men, and confc'- quentiy unlawful, as Popes, Cardinals, Patriarchs, Archbifhops, Lord-Bifliops, Archdeacons, Officials, Coramiffaries, and the like. §. VII. The Lord has appointed ancient Widows to minifter in the Church, in giving Accendance to the Sick, and relieving cheir Neceffities. CHAP. VIII. Of the EleSlion of Church-Officers. §. I, II, III, IV. 'Tis requifite that before any be ordai.ned, or chofen Officers, the Church fliould have Trial ol cheir Gifts and VirCues that belong Co their refpeftive Offices, becaufe Hands are to be laid fuddes.ly on no Man. §. V, VI, VII. The Right of Eleftion is iri that par' i.ulvr Church Co whom the Officers are co nii- niller, and as che Church has Power eo confticuCe in Office, it fpllows, that in Cafe of Scandal or De* ' linquency, it rnay remove from Office. ^, VIII, From^vhence it follows, that the Choice of Church-Officers- belongs not-to the Civil IVfagr- ft:raee, nor to Diocefan Bifhops, nor Patrons. C H A P, IX. Ordination, by Impofition. of .Hands. §, I, Church-Officers are not only to b^ chofen by the Church, buc to be ordained by Impofition of Fiands and Prayer. §. II. Ordination is nothing elfe but the folemn putting a Man into his Office, which he had a Right to before by Eleftion ; fo that Ordination does not conftitute an Officer, nor give him the Effentials of his Office, that being done before by his Eleftion. §, III, IV, V. Where there are Elders in a Church, Irapofition of Hands is tP be perfprraed by them. 300 APPENDIX. Numb. IV. thera, but where there are no Elders, it may be done by fome of the Brotherhood orderiy chofen thereunto by the Church ; or if the Church defire it, it may be performed by the Elders of other Churches. §. VI, VII. Church-Officers are Officers to one particular Church ; fo that if an Officer be difcharged from his Office in that Church where he was a Mi nifter, he may hot exercife Office-power in another Church, unlefs he be again called to Office, which when it fliall be, we know nothing to hinder, but Impofition of Hands in his Ordination ought to be ufed towards hira again. CHAP. X. Cf the Power of the Church, and its Prefbytery. §. I, II, III, IV, TheGovernraent of the Church is Monarchical, with Refpeft to Chrift its Head, but with Refpeft to the Church itfelf 'tis partiy De- mocratical, and partly Ariftocratical, §, V, VI. The Power granted by Chrift to the Democracy or Brotherhood of the Church, confifts in admitting Merabers, choofing Officers, and de- pofing them for Male-Aminiftration, and in hear ing and determining Differences in the Church. §, VII, VIII, IX, The Power granted to the Elders of the Church, is to feed and. rule -the Church of God, to call the Church together on weighty Occafions, to prefide and keep Order in afl Debates, to examine Officers or Merabers before they are received by the Church, to receive Accu fations, and prepare them for the Church's Hear ing, and to pronounce Sentence with the Confent of the Church. They have Power likewife when they difraifs the People, to blefs thera in the Narae of the Lord. §. X, Numb. IV- APPENDIX. 301 §. X, XT, From hence it appears, that in an Organic Church all Church-Afts proceed after the manner of a mixed Adminiftration, fo as noChutcb- Aft can be confuraraated wichout the Confent bPth of the Elders and Brotherhood. CHAP. XI. Of the Maintenance of Church-Officers': ' §, I, II, The Scripture declares, that they that preach the Gofpel fhould live of the Gofpel ; Peo ple are not therefore left at Liberty to do, or not 10 do, what, and when they pleafe iri this Mat ter, but are to look on it as their Duty to rainifter of their Carnal Things to them that labour in the Word and Doftrine, according to their Abilities, and thac npt as an Alms, but as a due Debt, and an Ordinance of Chrift. §. Ill, IV, Noc only Members of Churches but the Hearers are to contribute to tbe preaching of the Word ; if Congregations are defeftive in their Contributions, the Deacons are to call upon them ¦ to do their Duty ; if their Call fuffice not, the Church is to require it of them ; and if this is not fufficient to aceain the End, the Magiftrate is to fee that the Miniftry be duly provided for. C H A P. XII. Of the Admiffion of Members into the Church. §, I, II, All that arc admitted into the Church as Members, are firft to be examined and tried, whether they are fit to be received into Chyrch-^So- ciety, or not ; that is, whether they have Repen tance towards God, and Faith in Jefus Chrift, §. III. The weakeft Meafure of Faith is to be ac cepted, and fuch Charity and Tendernefs is to be ufed 302 APPENDIX. Numb. IV. ufed in Examinations, that the weakeft Chriftian, if fincere^ may neither bedifcouraged, nor excluded, §. IV, V. A perfonal and publick Confeffion of ¦the Manner of Gpd's working on tbe Soul, is both lawful and ufeful, and where Perfons have Abilities 'tis moft expedient ; but if any through Fear or other Infirmity be unable to do it, 'cis fufficient that the Elders receive private Satisfaftion, and relate it in publick before the Church ; they teftifying their Affents thereunto. §. VI, VII. This Profeffion of Faith and Repen tance may be required by the Church, of thofe wbo remove from other Churches to them ; and frora thofe who were born and baptized in the Church, by virtue of their Parents Relation to it ; fuch are to be efteemed under Churcb-watch,and confequentiy -fubjeft to its Admonitions and Cenfures. CHAP. XIII. Of the Removal of Church- Members from one Church lo another, arid of Recommendation and Difmiffion. §. I. Church-Members may not depart from one Church to another, as chey pleafe, becaufe fuch De parture tends to the Diffolution of the whole Body. §. IL Church-Members on fuch an Occafion fhould advife with the Church, that they may have their Approbation. §. III. If the Church judge a Member's Depar ture, unfafe or finful, they may not confent to it. §. IV. Juft Reafons for a Member's Removal are, (i.) If he can't continue without partaking in Sin. (2.) In Cafe of Perfecution. (3.) In Cafe pf a real Want of Subfiftance, a Door being open for a better Supply in another Place. §. V, Bue eo fcparace from a Church, out of Con tempt of their Fellowfhip ; -or Govetoufnefs, or want of Love; or ouc of a Spirie of Contention, in Refpeft Numb. IV. APPENDIX. 303 Refpeft of forae Unkindnefs; or for fome Evil only conceived, or really in che Church, which might and fhould be tolerated, and healed wich a Spirit of Meeknefs ; and of which Evil the Church is not convinced, though himfelf be ; for thefe Rea fons to withdraw from publick Communion in Word, in Seals, or Cenfures is unlavi/fui and finful. §, VII, When a Member removes he fliould have Leceers Teftimonial, and of Difmiffion, and until the other Church receives him, he ceales not to be a Member of the Church. he is going from, §, VIII, IX. If a Member removes only for a time. Letters of Recommendation only ace fufficient for Communion with another Church. CHAP., XIV. Of Excommunication, and other Cenfures. §. I. Church-cenfures are appointed by Chrift for removing Offences, for reclaiming offending Bre thren, for deterring others from the like Offences, for vindicating the Honour of Chrift, and of his Churches, and preventing che Wrath of God, which might fall upon them, if they fhould wilfuHy fuffer his Seals to be prophaned. §. II, Jf an Offence be private, ehe Offender is to acknowledge his Fault in private ; buC if he re fufe to do fo, when admonifhed by his offended Brother, the offended Brother is to take one or cwo with him, and if he refufes them, the offended Bro ther is^by the Mouch of the Elders to tell che Church ; if he appears willitig to hear the Church, but is not convinced of his Offence, as in Cafe of Herefy, he •is firft to be admonifhed, whereby he is fafpended -from the Comrnunion at prefenc ; and if he remain obftinate, he is to be excommunicated, §, III. But if the. Offence be publick and fcan- ¦dalous, the Church is to eaft him oat at once. 2 . §. IV, 304 A P P E N D I X. Numb. IV. §. IV, V. Offenders are to be dealt with, with greac Meeknefs, and yet with Faithfulnefs : When an Offender is eaft out of the Church, the Faithful are to refrain from all fpiritual Comraunion with him, and from civil Communion likewife, any fur ther than the neceffary Concerns of Life require. §. VI. Excommunication does not deprive Men of tbeir civil Rights, and therefore touches not Princes or Magiftrates in refpeft of civil Authority ; nor does it prohibit fuch frora hearing the Word, nor the Church frora giving them pccafional Ad monitions. §. VII. Penitent Offenders, though excorarauni- cate, are to be reftored. §. VIII, IX. Members are not to feparate frora a Church, becaufe of fome diforderly Perfons in ir, when they can't get them removed ; no, nor to abfent themfelves from the Communion on that-Account. CHAP. XV. Of the Communion of Churches with one another. %. I, II, Churches ought to hold Coraraunion W'th one another; by mutual Care for each other, by confulting one wich another in Cafes of Diffi culty, and by admonifhing each ocher in Cafe of Offence ; and if an offending Church will noe hearken to ehe Admonition of the offended Church, the offended Church may acquaint ocher Churches with it, who may join in ehe Admonition (if ehey think ic juft ;) and if die offending Church continue obftinace, mav pronounce in a Synod the Sentence of Non-communion wich them. Furcher, Churches fhould hold Communion, by admicting che Mem bers of each other occafionally to the Lord's Sup per ; by recommending their Members ac a Di- ilance to the Care of the Churches where they refide, and Numb. IV. A P P E N nit. 3<8| and in Cafe of Need, by furiiifhing each other with able Officers, and relieving each other's Poor. §..III, IV. When a, Church is to he gathered, the Help and Prefence of neighbouring Churches fhould be defired, that they may have the Right* hand of Felfowlhip ; and when a Church grows too nuraerous for one Afferably, it Ihoujd propagate another, by /ending forth fuch Merabers aS are will ing to remove, and by procuring fome Officers who may incorporate with them.., V ,; CHAP. XVL Of Synods^ 4. I. .Synod? are not neceffary to the Beingj but very often to the Well-.being of Churches. §, II. The, Elders and Meffengers of the feveral Churches met together in the Name of Chrift, and by Delegation from the Churches they reprefent, are the Matter of a Synod. 1 §. III. .Magiftrates raay call a Synod ; or^ the Churches may do it of therafelves. |. IV. It belongs to Synods, co debate and de ter niineControver fics of Faith, and Cafes of Con fcience, to give Direftion frora the Scriptures for the Waorfhip of God, and good Governraent of the Ghurch^ and to bear, Witnefs againft Corruption of Manners, and MaljC-Adminiftration in any parti cular Church ; but they are not to exercife Church- •c^nfures ip way of Difcipline, nor any Aft of Church- Authority or Jurifdiftion. §, V, The Direftions and Deterrainatiops of Sy nods are to be received with Reverence, as far as confonant with the Word of God, Hot only for their Agreement with God's Word, bijt fecondarily, •for tbe Power whereby they are made, as ;being an Qj-dinance of God appointed thereunto in his Word* Vot. n. X §, VI. 3o6 A P P E N D I X. Numb. IV. ' ¦- §; VI, Synods are to confift both of Elders and other Church-Members endued with Gifts, and, fent by the Churches, not excluding the Prefence of any of the Brethren in the Churches. I CHAP. XVII. Of the Civil Magiftrate' s Power in Ecclefiaftical ¦ Matters. §, I, Chriftians may gather themfelves into Churches wichout che Confenc of the Magiftraces, if it can't be had. §, II, Church-Government is not inconfiftent with the Power of the civil Magiftrate, but rather ftrengthens -their Hands by encouraging the People in their Obedience to them, §. III^ IV, V. Magiftrates raay not compel their Subjefts to become Cliiifch-Members, and partake of the Lord-'s Supper ; nor raeddle with the Work proper to Church-OfficerS; ^'- •; -^ %. VJ, VII, VIII, The Power of the Mdgiftrate extends to the Prefervation of the Peace of theSiib- ¦ jefts in Matters of moral Rigbtcoufneisand Honefty, yea, and of Gpdlinefs too ; fo that Idolatry, Blaf phemy, Herefy, vending corrupt and pernicious Opinions which deftroy the Foundation ; open Con tempt of the Word preached, Prophanation of the ¦ Lord's Day, difturbing the peaceable Adminiftra tion and Exercife of the Worfhip and HoljLThings of God, and the like, are to be reftrained and pu- nifhed by them. §, IX. If any Church or Churches .grow Schif- matical, rending therafelves from the .Communion • of other Churches, or walk contrary to the Rule of the Word ; the Magiftrate in fuch Cafe is to put forth his coercive Power, as the Matter fhall require. Numb. Numb. V. APPENDIX. 307 Numb. V. Canons and Conjlitutions of the Church of New-England, received 1634. C Anoncs Rcgimlnis Ecclefiaftici conftituti, & in reformatis Ecclefiis Nov'Anglicanis ob- fervati, breviter, in ordinem digcfti. ' r Miniftri. Quatuor potiffimura Minifterii or-jDo6lores. dirtes. ^Seniores. C Diaconi. Tie Miniftris. Ad verbi minifterium nemo admittatur fine legi- lima Vpcatione, Eleftione, juftoque Examine Doc- trinas vit'eeque anteaftae. Ad Eleftionem Miniftri requiruntur fequentia. 1 . ¦ Celebretur jejunium, 2. Nominetur a Prefliyterio & Claffe. 3, Examinetur ab utrifque. 4„ Siftatur coram Magiftratu & tota Ecclefia u£ intra dies quatuordecira tacitis Fidelium Suffragiis coraprobetur. - ' % 2. 5. Con- 3o8 APPENDIX. Numb. V. 5. Coftfirraetur coram Ecclefia cum Oratione ad Deura, & Exhoreatione ad populura, ppftqudra ad ifta interrogata refponderic. I. An fc legicirae fentiat ad hoc Minifterium vo- catura ? 2. An fola biblica fcripta pro Dei Verbo recipiat? 3. An ea fideliter Populo prasdicare velit ? 4. An fe fubjiciat EcclcfiaftiesE Difciplinae? Qui ferael legitirac in facro Minifterio font con- firraati, iflud dura vivunt non deferent, nifi legi- tiraa incidat occafio, de qua judicium erit penes Sy- nodura. Fidei Paftoris & AUniftri officia funt, I. Verbura Dei cum Reverentia & Simplicitatc prasdicare. 2, Sacraraenta -adminiftrare. 3. In Oratione perfcverarc, 4, Difciplinara Ecclefiafticara exercere. ' 5. Procurare ut omnia decenter & in ordine per- agantur. ' ¦'"¦ Honcfta & jufta Merces Miniftro danda eft. Siquis Senio vcl Morbo ,fiat ad Minifterium in- utilis, ab Ecclefia nihilominus alendus eft. De Miniftrorum Viduis &c Orphanis habenda fi- militer eft ratio. Nullus Minifter in Miniftros alios Primatura aut Dominatura habebit, fed aequaliter Ecclefiafticum Onus ferent. Si Minifter in hoc facro Munere fe nOri eoridigne gcfferit adeo ut Infaraias notara fibi inufferit, a.Mi- nifterio fufpendatur, vel deponatut, idque Magi- ftraifjs confenfu, II. De JDoftoribus nondum vifiim eft aliquid eon- ftituere. III. De Senioribus. I. Eligantur Seniores a Verbi Miniftris, & Con- ventu Ecclefiaftico cura jejunio, & oratione ad Deum, & confirmentur in Ecclefia. ' - : ' - 2. Mu- Numb. V. APPENDIX. 309 2. Munus Seniorum eft cum Verbi Miniftris Gregi invigilare, Ecclefiae membra invifere, .^gro- tos confolari, fcandala ad Confiftorium deferre, cum Verbi Miniftris de fcandalis judicare, & quantum poterunt ex Ecclefia tollere. 3. Nuraerus Seniorum fit pro arbitrio neceffitate cujiifque Ecclefije. IV. De Diaconis. I. Diaconi funt eligendi &confirmandi eo raodo quo Seniores. Diaconorum Munus eft, I. Eleemofynas & alia Pauperura Bona diligenter colligere. 2. Fideliter & difcrete diftribuere. 3. Pauperes & ./Egros araanter invifere & con folari. 4, Ne inutiliter Eleemofynse confumantur vigi- lanter profpicere. 5. Colleftas & expofitffi pecuniae rationera, fin gulis Menfibus corara Synedrio Ecclefiaftico red- dent. In omnibus Ecclefiis -five nafcentibus, flve vegetis, ProphecijB ordo ex Pauli infticuco obfervetur. Ad hoc Gpllegiura cooptentur non modo Mini ftri, fed etiam ex Senipribus & Diacoriis; atque adeo ex ipfa Plebc, fiqui funt qui donura fuum a Do mino aeceptum, in comraunera Ecclefite utilitatcm fcoriferre vfelint ; ita, tamen ut prius Miniftrorum atque aliorura prpbentur jiidicio, I. Una<|usequfe Ecclefia fuum habeat Confifto rium ex Verbi Miniftro vel Miniftris, & Senioribus diftae Ecclefias, confiftens; qui fingulis feptimanis ad mihlmi^m fetnel Gonvenierit ad res incidences pertraftandura. 2. Verbi Miniftri per vices prsefideant, defigne- tur feriba, qui notatu digria fcripta confignet, 3, Praefidis Officiu-6i eft, I. Ex ordine fententias rogare., X 2 2, La- 3IO APPENDIX. Numb. V^ 2. Loquacibus fileneiura imponere. 3, Ex collacis fuffragiis res concludere. Quod in Confiftorio commode eerminari non po- teft, ad Clafficum Conventum deferatur,. Clafficalis Conventus confiftat ex Verbi Miniftris & Senioribus Vicinarum aliquot Ecclefiarum, Huic Conventui Miniftris & Senioribus etiam non defig- natis intereffe liccat, & fententiam dicere: Interim defignatorum fententise fuffragii vires tantum.ob'ti- nebunc : Synodus eft Convencusvicinarura Claffium. Ex unaquaque Claffe duo Miniftri & Seniores duo defignencur qui fingulis annis ad minimum fe rael conveniane, & in Convencu Claflico quod 'com mode decidi non poterit, ad Synodum deferatur, Sanfti B'aptjfmi Sacramentum a foils verbi Mini ftris eft adminiftrandura, unica vel trina tinftio cen- fetur dSikfopx. Infantibus non funt danda Noraina barbara, fu- perftieiofa, fed in facris Liceris expreffa, Pueri Peregrinorura ad Bapcifmum nc afferantur, nee aliorura, riifi qui fune Membra Ecclefiae, Sacra Ccena Dominica a foils verbi Miniftris eft adminiftranda, Nerao ad Ccenara adraictatur nifi qui Fidei Con- feffionera anCe reddideric, Difciplinae Ecclefiafticge fe fubjecerie, $c vitas inculpatse Teftes produxcrit. Fraftio panis neceffaria oranino cenfetur. Verba fanftje Cbense praecepta, & Apoftoli Pauli Declarationi confentanca, funt recinenda, Liberum eft ftando, fedendo, vel cundo Ccenam celebrare, non aucera geniculando, ob ajtrahtiTfilds periculum, , Ance CoBPffi diera fiat Concio praeparatoria, 8z; a Condone inter Miniftros, Seniores, &c Diaconos fraterna exerceatur cenfura, Neque Mulicr prsefumat facris Ccetibus adeffe, njfi capite velamine te^o. Vigi' Numb. V; APP EN D IX. 311 .Vigilandura eft ne ulla Ecclefia, rieglefta Eccle fiaftici Difciplina infticuacur. Cpnftat autem Difciplina, tura in Cenfura Doc- trinae, eum in legitima Moruni Correftione, in juftp Claviura a, DorainO Ecclefias dacarum ufu. Hsc Correftio & Cenfura nequaquara Delin- queneeni liberaC aCiviliJudicio & MagifiratiisGladio. Si quis: peccaverit in Doftrinas Puritate, five Mo-r rum Sanftitate, fi occultum fit, obfervabitur Regula quam praefcribit Chriftus, Matt. i,8. Si privata adraonitione fratrera lucratvis es, npli ejus crimen ad Confiftorium deferre ; fed fi duos aut tres fideliter admonentes non audierit, deferatur, ut in viara reducatur, Peccata fea Natura publica aut per adraonitionis private contempcura, publica, ex totius Confiftorii arbitrio raodo & forma, ad aedificationem maxime' accomraodaca, funt corrigenda. Qui pertinaciter Confiftorii admpnitiones reje-r cerit a Coena Doraini fufpendatur. Si fufpenfus poft iteratas Admonitiones nullura Poenitentias fignum dedcrit, ad Excommunicacio- nem proccdae Ecclefia. Proceffus ad Excommunicationem fie erit. ; Minifter a fuggeftp (peccatoris nomine pcculcaCo) quid cum gravi quodam Peccacore aftum fie figni- ficabit: Et Ecclefiara utpro peccatore Impoenieenci fedulo orec, movebic. Peccacoris nomen prae Ccecu publicabit, & figniT ficabir, ni refipifcat excommunicandum effe : Si ne fie quidera ad refipifcendum adduci poteft, coram Ecclefia percinacis hujufmodi -Peccatoris a Corpore Ecclefiae fiet Excommunicatio & Abfciffio. Movebuntur Fideles nc familiarem, ec non ne- ceffariara cum excommunicato confuetudinem ha- beant : Sed ejus Cpnfortium vitent, hoc prascipue Confilio ut pudore fuffufus Excommunicatus deRe- fipifcentiji ferio cogitet, ' " X 4 Qui 3ii APPENDIX. Numb. V Qui gravia & Ecclefia: probrofa commifit peceata (ei etiam fi verbis poenitentiam tcftetur) a Coenae tanjen Coraraunione aliquot diebus, pro Confiftorii- arbitrio fufpendatur. Si Minifter aut Senior, aut Diaconus aliquo crii- mine (quod Deus avertat) fe coritaminaverit, ab Officio erit movendus; fi autem crimifie aliquo oc'c culto teneatur, k Qaffico Coriventu cenftira'ra ex- peftet, pro crirainis raagnltudine vel levitate. Ut huic Cenfutae Ordo comraOdius obfervetur, utile erit in bihos,, vel rainiraura in trinos merifes Claffiura cujufque Conventura -haberi, in quo de hujufraodi rebus diligens fiat exploratte, Claffiura Conventus non feraper uno habendus eft voce (for fan loco) ita ut Ecclefiarum alterius in al^ terara cenfura iriipediatur ; tura vero ut fingularum Ecclefiarura explorajio fiat diligentior, de Verbi Doftrina, vitae Ceremoniis (fbrfan Sanftiraonia) ac Difciplinae ratione. (Hie Arti cuius, Lil>rarii vilie, fenfus eft intpedir tier is.) Concluflo; Hi Articuli ad Icgitiraum ordinem Ecclefiae fpec- tantes, ita mutuo coriferifu funt conftituti ; ut fi uti- litas Ecclefiarura aliud poftulet, rautari, augeri, & minui poffunt & debent. Non erit taraen privata^ alicujus Ecclefiae id facere: fed dabunt orancs ope- rara ut illos obfervent donee Synodo aliter confti-p tuatur, N tf MB. Numb. VI. A P P E N D I X; 311 K' UMB. VI. Heads of Agreement affented to hy the United Minifters, formerly cAlied Prefbyterian and Congregational, I. Of Churches and Church-Members, ^^JP^ii^E acknowledge our Lord Jefus; Chrift to ha-ve oneCatholicChurch, or Kingdom, coraprehending all that are United to him, whether in Heaven or Earth ; and do con ceive the whole Multitude of vi fible Believers, and their Infent-feed (cOtnmorily called the Catholic Vifible Church) to belong, to Chrift's ^iritual Kingdofti in this Worid : But fur the Notion of a Catholic Vfftble Church here, as it fignifies its having been collefted into any formed Society, under a vifible huraan Head on Earth, whether one Perfon fingly, or raany colleftively, we, with tbe reft of Protciftants, unariiraoufly dif- claim it, 2. We agree, that particular Societies of vifible Saints, who. Under Chrift their Head, are ftatedly joined together, for ordinary Coraraunion with one another in all the OrdipariCes of Chrift, are parti- cirlar CJiiitcbes, and are to be i^wned by each (»hei', I as 314 APPENDIX. Numb. VI as inftituted Churches of Chrift, though differing in Apprehenfions and Praftice in fome leffer Things. 3. That none fliall be admiceed as Members, in order to Communion in all che fpecial Ordinances of the Gofpel, buc fuch Perfons as are knowing, and found in the fundamental Doftrines of the Chri ftian Religion, withouc Scandal in their Lives ; and to a Judgment regulated by the Word of God, are Perfons of vifible Holinefs and Horiefty, credibly profeffing qordial Subjeftion to Jefus Chrift. 4. A competent Number of fuch vifible Saints, fas before defcribed) 'do, become the capable Sub jefts of ftated Cbrathunjon in afl the fpecial Ordi nances of Chrift upon -their mutual declared Con fent and Agreement to walk together therein ac cording to Gofpel-Rule. In which Declaration, different Degrees of Explicicnefs fhall no ways hiu; der fuch Churches frora owning each other, as in- fticuced Churches. 5. Though parochial Bounds be not of Divine Right, yet for coramon Edification, the Members of a particular Church ought (as rauch as conve nientiy raay be). to live near one another. 6. That each particular Church hath Right to ufe their own Officers ; and being furnifhed with fuch as are duly qualified and ordained according to the Gofpel-Rule, hath Authority frora Chrift for exercifing Governraent^ . and of enjoying all the Ordinances of Worfhip within itfelf. . 7. In the Adminiftration of Church Power, it belongs to the Paftors and other Elders of every particular Church, if fuch there be, to rule and govern, and to the Brotherhood to confent accordT ing to the Rule bf the Gofpel. ¦ 8. That all Profeffors, as before defcribed, are bound in Duty, as they, have Opportunity, tp join therafelves as fixed Members pf. fome .particular Church 5 their thus joining,, being Part of their pro- Numb. VL A P P E N D I :3c. ¦3.i>^ profeffed Subjeftion to the Gofpel of Chrift, and an infticueed Mearis of their Eftablifhraent and ^Edi^ fication ; whereby they are under the paftoral Care* and in cafe of fcandalous or offenfive Walking, raay be authoritatively adraoniflied or cenfured fortheir Recovery, and for Vindication of the Truth, and the Church profeffing it. 9. That a vifible Profeffor thus joined to a parr ticular Church, otjght tP continue ftedfaft with the faid Church; an.d not forfake the Miniftry, and Ordinances there difpenfed, without an orderly feek ing a Recoraraendation unto another Church, which ought to be given^ when the Cafe of the Perfon ap parently requires it. • : II, Of the Miniftry. I. T'TTE agree that the Minifterial Office is iri- VV ftituted by Jefus Chrift for the gathering, guiding, edifying and governing of his Church j and to continue to the End of, the World. 2. Tbey who are called to this Office ought to be endued with competent Learning and minifterial Gifts, as alfo with che Gratpe, of God, found in Judgmenc, noc Novices in che Faith and Knowledge of ehe Gofpel; without Scandal, of holy Conver fation, and fuch as devpte therafelves to the Work and Service thereof _,,; . , . , , 3. That ordinarily none fliall be ordained to the Work of this Miniftry,^ buc fuch as are called and chofen thereunto by a particular Church, . 4i That in, fo great and weighty a, Matter as the cafling and chufing a Paftor, we judge it ordina rily requifite, chat every fuqh Church confult and advife with the- Paftors of neighbouring Congrega tions, . , , 5. That after fuch Advice the Perfon confulted about, being chofen by the Brotherhood of that I par- 5i6 A P P £ N D ! X, Numb. VI. patricular Church over which he is to be fet, and he accepting, be duly ordained ahd fet apart to his Office over them ; wherein 'ti& ordinarily requifite, that the Paftors bf neighbouring Congregations concur with the preaching Elder or Elders, if fuch there be. 6. Tbat whereas fuch Ordination is only intend ed for fuch as rifever before had been ordained to the minifterial Office; if any judge, that in the cafe alfo of the Reraoval of one forraerly ordain'd, to a new Statibri, Of paftoral Charge, there ought to be a hke folerari Recommending hira and his Labours to the Grace and Blefling of God ; no dif ferent Sentiraents or Praftice herein Ihall be any Occafion of Contention or Breach of Coramunion araong us. 7. It is expedient, that they who enter on the Work of preaching the Gofpel, be not only qat- lified for Commuriion of Sairits ; but alfo that, ex cept in Cafes extraordinary, they give Proof Of their Gifts and Fitnefs for the faid Work, unto the Paftors of Churches, of known Abilities to difccrn and judge of their Qualifications ; that they may be fent forth wich folemn Approbation and Prayer ; which we judge needful, that no Doubt may re main concerning their being called unto the Work ; and for preventing (as much as in us lieth) igno rant and rafh Intmders. III./ Of Cenfures. I. /i S it cannot be avoided, but that In the jt\. pureft Churches on Earth there will forcit- times Offences and Scandals arife, by Reafon of Hypocrify and prevailing Corruption; fo Chrift hath made it the Duty of every Church, to reform itfelf by fpiritual Reraedies appointed by him to be Numb. VI. APPENDIX. 3 17 be applied in all fuch Cafeg, viz. Admonition aQ4 Excoramunication. 2. Adnfionition, being the rebuljing of an of fending Meraber, in order for Coiiviftion, is iQ cafe of private Offences, to be perform'd accprdr ing to the Rule in Matth. xviii. 15, 16, 17. and in cafe of public Offences, openly befpre the Chvjrch, as the Honour of the Gofpel, and the Nature of the Scandal Ihall require : And, if either pf the Admonitions tak6 place fpr thf Recovery of the fallen Perfon, all further Procesdir^s in a Way of Cenfure are thereon to ceafe, and Satisfaftion to be declared accordingly. 3, When afl due Meaps are wfed, according to the Order of the Gofpel, for the reftoring an of fending and fcandalous Brother, and he notwithf ftanding reraains impenitent, the Cenfure of Ex- coraraunication is to be proceeded unto ; wherein the Paftor and other Elders (if there be fuch) are to lead and go before the Church ; apd thfe Bro therhood to give their Confent in a Way of Obe dience unto Chrift, and to the Elders, as over them. in the Lord. 4. It raay fometimes come to pa£, that a Church- Member, not otherwife fcandalous, may finfully withdraw, and divide himfelf frora the Corarau nion of the Church to which he belongcch : In which cafe, when all due Means for the red^icipg him prpve ineffeftual, he having hereby cut him felf off from that Church's Coramunion ; the Church may juftly efteeni and declare itfelf dif charged of any further Infpeftion over hira. IV. Of Communim of Churches, J. \ TJ 7"E agree that particular Churches ought not W to walk fo diftinft and feparate frorn each other, as not to have Care and Tendernefs towards one 319 APPENDIX. Numb. VL one another. But their Paftors ought to have fre quent Meetings together, that by mutual Advice, SupporC; Encouragement, and. brotherly Inter- tbtirfe, they may ftrengtben the Hearts and Hands of each other in the Ways of the Lxird, 2, That none of our particular Churches Jhall •be fubdrdinate to one another, each being endued witli Equality of P&wer frora Jefus Chrift. And that none of the faid particular Churches, their Officer or Officers^ ftiall exercife any Power, or have any Superiority, over any ocher Church or their Officers, 3. That known Members of particular Churches conftituced as aforefaid, may have occafional Com munion wich one anoeher in che: Ordinances of the Gofpel, viz. The Word, Prayer, Sacraraents, Sing ing of Pfalras, difpenfed according to the Mind of Chrift; unlefs that Church with which they defire Communion, hathany juft Exception againft them. 4. That we ought riot to admit any one to be a Mfember of our refpeftive Congregations, that hath joined himfelf to another, without Endeavours of mutual Satisfaftion of the Congregations concerned. 5. Thac one Church ought not to blahie the. Proceedings of another, until it hath heard, what that Church charged, its Elders or Meffengers, can fay in Vindication of ehemfelves from any Charge of irregular or injurious Proceedings. 6. Thac we are moft willing and ready to give an Account of our Church-proceedings to each other, when defired, for preventing or removing any Offences that may arife among us, Likewife, wc fhall be ready to give the Right-hand of Fel lowfliip, and walk together according to the Gofpel- Rules of Communion of Churches. V. Of Numb.VL APPENDIX. 318 V. Of Deacons and Ruling Elders. WE agree, the Office of a Deacon is of Divine Appoinement, and ehat it belongs to cheir Office CO receive, lay ouc, and diftribuce che Church's -Srock eo ies proper Ufes, by ehe Direftion, of-the ¦Paftor and Brethren, if need be. And wberea? di vers are of Opinion, that .there is alfo the Office of LRuling Elders, who labour noc in Word ^and Doc trine, and others think otherwife ; we agree, that this Difference, make no Breach among us. , . VI. Of Occafional Meeting of Minifters, I. 'T T TE agree, that in order to Concord, arid in VV other weighty and difficult Cafes it is needful; and according to the Mind of Chrift, that the Minifters bf feveral Churches be confulted and advifed with about fuch Matters. 2, That fuch Meetings may confift of. fmaller or greacer Numbers, as che Mateer fhall require. 3. That particular Churches, -their refpeftive Elders and Merinbers, ought to have a Reverential Regard eo cheir Judgment, fo given, and not dif- fent cherefrom, wichout apparent Groundifrom the Word of God. ,'yil. Of our Demeanor towards the Civil Magiftrate. I. TTT 7 E do reckon purfelves obliged continually VV to pray for God's Proteftion, .Gwidance and Bleffing upon the Rulers let over us. 2. That we ought to yield unto them not only Subjeftion in the Lord, buc Support, according to our Station and Abilities. 3,, Thae if at any Time it fliall be cheir Pleafure to call together any Number of us, to' require an Account 32P APPENDIX. Numb. VI* Account of our Affairs, and the State of our Con- • gregations, we fliall moft readily exprefs all dutiful Regard to them hereiri. VIII. Of a Confeffion of Faith. AS to what appertains to Soundnefs of Judg# ment in Matters of Faith, we efteem ic fuf ficient that a Church acknowledge the Scriptures to be the Word of God, rhe perfeft and only Rule of Faith and Praftice, and bwn either the Doftri nal Part of thofe commonly called, the Articles of the Church of England, or the Confeffion or Cate- chifms fhorter br larger, compiled by the Affembly at Weftminfter, or the Confeffion agreed on at the Savoy, to be agrecabje to tliEi faid Rule. Ix. Of our Duty qnd])eportment towards them that are not in Cotn^vfijon with y.s. ' TE judge it our Duty to bear a Chriftian \ Refpeft to all Chriftians, according- to their feveral Ranks and Sc^cipns, chat are not of our Perfuafion or Communion. ?,, .As for fueh as may be ignorant of the Priri- ciples bf the Chriftian Religibri, or of yipious Cop- verfation, we fhall in our refpeftive Places, as they give Qf^prcunicy, endeavour to explain jo thera the Doftrine of Life and Salvation, and to our ut* moft perfuade them to be reconciled to Gpd. 3. That fuch who appear to have the effential Requifites to Church-Comraunion, we fhall wil lingly receive thera in the Lord, not troubling thera with Difputes about leffer Matters, As we affent to the fore-mentioned Heads of A- greement, fo we unanimoufly refolve, as the Lord fhall enable us, to praftife according to ihem. N U M ».¦ Numb. vn. A P P E i^ D i X. 321 [Numb. VIL] An Abridgment of the Laivs and Of^ dinances of New-England, to thi Year 1700. I C T I O N S. Aftions of Debts, Ad- counts, Slander, Aftions of the Cafe concerning Debts or Accounts, the'Plantiff may try where he will within the Jurifdiftion Of the Court, where he or the Defendant lives ; by Confentj they may be tfyed any where elfe. Other Aftions mufl be tryed where the Ca,ufe did arife. If the Plaintiff in an Aftion of Trefpafs pretends Daraage above 40 s. and has received lefs, h^ fhall be Npn-fuited, and pay Cofts. No Aftion to be entered after the firft Day of the Court's fitting, Double Fees, for thofe entered after Noon, not to be recovered of fhe Defendant. Whoever brings an Aftiori without Caufe, fhyft pay the Charges the Court fliall judge he occafioned. Vol. II. Y an«l 322 A P P E N 0 I X. m^b. vn. and any Fine they impofe ; as likewife the De fendant, if they find him in Fault ; Vexatious Ac tions, or Suits, to pay treble. Cofts, and to be fin'd 40 s. to the Treafury. -.. ADULTERY, If any Perfon commit Adultfery with a married Woraan, Maid, or Woman efpoufed, both Man and Woman fliall be put to Death. AGE. No Perfon under 21 Years of Age, fhall convey Lands or Hereditaihents,or vote jn Eleftions of publick Offices, or give Verdift, or pafs Sen tence in any civil or criminal Court, or Caufe. Orphans may choofe their Guardians at 14. None under the Age of 21, fliall plead, or be impleaded in civil Cafes, but in the Nanies of their PareriCs, Mafters, or Guardians. . But in criminal Cafes, they muft anfwer for their ^Mifdenieanours, and inform againft others in their own Names, ^ _ - , APPAREL, All Perfons not woVth 260 /, wear ing Gold or Silver Lacej^or Buttons, or 'Bone-Lace, above 2 s. per Yard of 'Silk Hoods, or Scarfs,- may be prefented by the Grand- Jury, and Ihall pay 10 s. for every Offence. The fejeft Men bf every Town may affefs thofe* whp'drefs abPve their Rank, at 200/. Eftate, and make thera pay, as thofe to whom their Drefs is ' fuitable, except Magiftrates, their Wives, and Chil dren, Officers, civil or mihtary. Soldier's iri Tirne of Service ; or fuch as have had a high Education, pr are fiink from a higher Fortune, Anno i6^i. If any Perfpn'§ Drefs flipuld be adjudged by the ' Grand Jury,' or County-court above his Rank, they are to be .admoniflied for the firft Offence, top^y 7.0 s. for the fecond, 40 j. for the'third, and "40 J. for every Offence afterwards. Anno 16&2. A 'Taylor who makes Cloaths for Children or Servants contrary to the Mind of their Parents or Rafters, is for the firft OffeTice to be admoniflied, I " and ^ut»b. VtL A ,P P jE N t) J X. 323 and for the feqond, to pay dpuble the Valile of the Cloaths, ihalf to the Owner, and half to theCountyf 1 6^2. T*he, Grand-Jury are enjoined to prefent all Offenders in Apparel. Ibid. , APPEAL. - Any Perfon may appeal, from an in ferior to a fuperior Court, provided they tender their ApfJeal before the Judges of the Court they appeal to," put in Bail to profecute it^ and to pay Daraagcs before the Execution, which can'c be till twelve Hours afcer Judgment, unlefs by a fpeqial Order. Appellants in criminal Cafes to give Security fot Appearance and good Behaviour, Appeals in Matter of Law, to be determined by the Bench; in. Matter of Faft, by Bench and jury. In an Appeal to the Court of Affiftants in' any capital OffencCj if two in fivcj or three in feveUj or the like Proportion diffent from the Majority,, there lies an Appeal co ehe nexc General Court, Appeals to be recorded ae the Charge of the Ap- pellarif, and cereified cothe Courc co which they are made;. .the Reafons of them, without any reflecfing Language, to be given in Writing under their Handsj: or their. Attorney's Hands,^ to, the Clerk of the Court from' whence they are made. Appellants not prpfecuting their Appeals, to pay, beftdeiheir.Bondsto^ the Partyj 40J, .to the Councy, No Perfon who fate as Judge^ or voted inthe inferior Court* fhall have a Vote in that Court to which the Appeal is made in tbe, fame Cafe, but it fliafl be decided byidifferent Perfons. .'r The Court appealed to, fhall judge the Cafe- ac cording to the 'foriTierEvid,e.nce,,and no other Court may reverfe Judgment^ or abate^ or increafe Da-^ tnages. Anno 1654, Appeals from'the AffociatioriCourts of Portfmputh and Do"^^^, are to the next County .CourCj and not to that of Afllftants at. Befton, as formerly, An?to- 1,670. ' ¦ y 2 ,AP- 324 APPENDIX. Numb. Vir: APPEARANCE. Nb one to be puhiflied for Non-appearance, if hindred by Providence. This Law not to prejudice any Perfon in his Cofts or Da mages in civil Aftions, Anno 1641. ARRESTS. None to be arrefted or put in Prifon for Debt, if the Law finds any Means of Sa tisfaftion from his Eftate, excepc in fpecial Con trafts, Anno 1 64 1, The Perfon arrefted to be in Prifon at his own Charge, unlefs the Court determine otherwife, but not to continue there, unlefs there is an Appearance of fome Eftate concealed, Anno 1641. The Prifoner fwearing before a proper Magi ftrate that he has no Eftate, is to be releafed, but is CO make Satisfaftion by Service, though not to be fold to any befide the Englijh, Anno 1647., In civil Aftions, the Prifoner fwearing he is not worth 5 /. the Plantift" mufl: maintain him in Prifon, levying by Execucion his Expence, if he can find Effefts, ® .• No Prifoner to go at Liberty, without Licenfe of the Court, or Creditor ; if he does, the Keeper to be fined at Difcretion, and pay the Debt. ATTACHMENTS. A Foreigner can't attach an Inhabitant without giving Security to profecute his Account, and pay Cofts, if eaft. The Suit not to proceed, unlefs legal Notice be given of Attachments of Goods, or Lands, by wri ting left at the Place of Abode of the Defendant, If the Defendant be out of the Jurifdiftion of the Court where the Attachment lies, the Caufe goes on, but Judgment is not to be entered till ' the next Court, nor Execucion granted, till the Plaintiff^ gives Security to the Defendant to be re fponfible, in Cafe he reverfes Judgment within a Year, or fuch longer Time as the Court direfts. If the Plaintiff does not exprefs in whofe Name or Capacity he fueth, Exception may be taken, and the Plaintiff muft pay Cofla. Tho' Numb. vn. APPENDIX. 325 Tho' the. Law direfts the Attachment to Con ftables,' where no Marfhal lives, yet a Marftial may ferve it any where in the Jurifdiftion of the Court where he is an Officer, but he is to be paid no more than a Conftable, /Inno 1662. B. BAKERS, fee Bread. BALLAST. No Ballaft to be taken out of any Town Slough, without Leave of the feleft Men, under Penalcy of 6 d. a Shovel-full, excepc ie be what they laid there therafelves. No Ballaft to be eaft out to the Prejudice of any Harbour, under Penalty of 10 s. Anno 164.6. BARRATRY. The Court may rejeft the Caufe of a comraon Barrater, that vexes ochers wich unjuft Suits, and may punifh him for his Barratry, 1641. BASTARDY. The Father of a Baftard convift fhafl maintain it, br aflow the Mother what, the Court thinks fit. ' The Oaeh of the Woman alone makes him liable ¦ to this Charge, though not to any Puniffiment due by the Law in Cafes of Fornication and Adultery; but if Circumftances render the Faft doubtful, thi Court m>ay "acquit him, BESTIALITY, If a Man or Woman lie with a Beaft, the Beaft to be flain und buried, and the Perfon put to Death. BENEVOLENCE. No Bc-nevolence to be granted, but in forfe'ign . Occafions, and when pub lick Debts are paid, and there is Money i 1 the Trea fury. The County-Court may take Notice of Gifts and Legacies to publick Ufes, and if they fee Caufe, may appoint Feoffees of Truft to fettle pr manage them. Y 3 BILLS 326 APPEND 1 X. Numb. Vl't BILLS ASSIGNED, Bills, or other Specialties may be affigned, and the Right of Account'- fhafl be in the Affignee, fo that he may fue for thera in hi$' own Name, or by Accorney, provided che Affigh- menC be indorfed on che Back of che Bill. " BLASPHEMY, Blaiphemy againft the Holy Name of God, the Father, Son, or Holy GhofV, either in exprefs Words, or by anxo.bftinace. Denial of the true God and his Worfhip, fhall be puniflied with Death, BOND-MEN, None, to be bought or fpld for Slaves but chofe who are taken in War, or rnade fuch by Authority, and thefe to have the fame Li berties, as thofe under rhe Law of Mofes. BOUNDS of LANDS, The Bounds of every Town are to be fet out within a Year after they are granted. The Marks of thofe Bounds to be renewed every three Years, by three or more Inhabitants chofen by the feledf Men, who together with the adjacent Towns, fliall go the Bounds, and renew the Land- Marks. N The Time for this muft be in the firft or fecond" Month ; Notice to be given of it by the moft an cient TPwn ; the Bounds muft be a Heap of Stones, or a Trench. The Town that neglefts to renew them, fhall forfeit 5 /. The Men appointed for this to be under the Direftion of the feleft Men, and paid by the Towns, Thofe who have Lands io common, muft vifit theic Bounds once a Year, or pay \os. for every Day they negleft ic afcer they are requefted to do fo. BREACH of the PEACE. If one Man beats or hurts another, he ffiall pay to him, or the County, or both, what -che proper Judge deeermines, wbo may fine hira according eo the Circumftances of che Offence. Tq Nu.mb.Vlil; APP.ENDIX. 3^ To keep Poffeffion of any Thing, oj; tp, endea vour to regain it by Force after Execution upon Judgraent obtained, is a Breach of che Peace ; the Officers of Jiuftfoe are to aid the Plaatiff, and com mit tbe Offender and his Abettors, who arc to an fwer for ic at the Court where die Judgraent was obtained, and to be puniflied as the Court thinks fie. BREAD. The Baker is co mark his Bread, and to make it up according to the following Affizes. When Wheat is at White. Wheat. Houfliold s. d. Ou, qr. Ou. qr. Oil. qr. 3 ol ill 1 17 I 23 0 3 6 10 I 15 I 20 2 .4 0 per Bufhel, 9 i 14 0 18 % 4 6 .each Penny- j 8 i 5 0 j Loaf muft } 7 3 II 3 16 2 II 2 15 2 5 6 weigh 7 0 10 2 14 0 6 0 6 2 1 1 0 13 0 e 6 ['60 Q 2 II 2 Two Perfons in every Market-Town chofen an nually, and fworn at the nexc County-Court, or neareft Magiftrate, haye Power wich, or wiehouc a Conftable, to eneer any Houfe where ehey are in formed chat Bread is raade for Sale, and weigh the Bread, and feize what Bread is under Weight, a Third for thernfelyes,' and the reft for the Poor. BREWERS. None raay brew for Safe or Ship ping, buc fuch as are known to be fkilful in thae Art. If the Beer they fell for Sea proves unfit for Ufe, through their Faulc, Damages may be recovered of thera by Aftion. BRipGES. Bridges to he. made in fuch Places, and repaired as the County-Coure, or a Cpramittee appointed by them direfts, ae the Charge of the Councy, to be levied upon che Towns aiccording to the County Rates. ? Y 4 If 328 APPENDIX. Numb.Vit If any Bridge or Highway be defeftive, and any Perfon in paffirg it lofe his Life, after legalPre- fentment of it to the County-Court, the County or Town fhall pay lool. to the neareft Relation of the Deceafed. If any Perfon lofe a Limb, break a Bone, or re ceive a Bruife, or if any Damage happen to any Team, or their Lading, the Party may recover double Damages, if due Notice have been given, as before. Any Magiftrate may Iffue out Warrants' to Con ftables, to prefs Men, Horfes, or Carts, for repair ing a Bridge or Highway, who fhall be paid for their Work by fuch Towns or Perfpns to whora the Bridge belongs. BURGESSES. Burgeffes rauft be Members of forae Church, gathered by Confent of the eftabhfli ed Churches of the Country. They raay choofe out of their Body ordinary Judges of their feveral Towns, and Deputies, who, joined with the Governor and his Affillants,. con ftitute the General Court. BURGLARY and ROBBERY. Burglary and "Robbery on the Highway fhall be puniffied for the firft Offence, with burning in the Forehead, wich the Leccer B : and the Lofs of an Ear, if on the Sab bath ; for the fecond, with Burning and Whipping ; and the Lofs pf t'other Ear, if on the Sabbath ; for the third, with Death, C, CASK. All Caflc to be of London Affize, and nf good Tiraber, to be gauged, and raarked by Gaugers, who are to have ^.d. per Ton. Every Cooppr that fets nqc his Mark on his Cafk, to pay 20 J. Bad Numb. VII. APPENDIX. 329 Bad Cafk expofed to Sale forfeited to the Infor mer, and the Owner to be fined 10 s, per Ton, ^ A Gauger to be chofen and fworn annually, and to pay 40 s. if he refufes to officiate ; the Town that neglefts to chufe one, forfeits 40 j. The Gauger is to fee that Goods are packed in Caflis of true Affize, and to pay io s. for every de feftive Caflc, half to the Inforraer, and half to the County, ¦ He is alfo to view Viftuals, and to receive 4 j. per Ton, if 'tis defeftive, if otherwife, but one. All Goods expofed to Sale without the Gauger*s Mark forfeited, half to the Inforraer, half to the County. Hogfhead-Staves are to be 3 Foot 2 Inches in Length, Barrel-Staves 31 Inches, Heading for Pipe- Staves 28 Inches in Length, and for Hogflieads and Barrels fuitable to the Staves, CATTLE. The Cattle of every Town muftb^ marked with a diftinft Mark, or pay double Da mage, if they trefpafs. The Mark of fuch Cattle as feed in open Com mon without Keeper to be on the Shoulder, or home -^left Buttock, and the Clerk of the Writs in every ¦ Town to keep a Copy of the Marks. No unruly Beaft to feed in Common, or Ground next to Corn-rFields, or any fenced Ground with out Fetters. The Party aggrieved by Trefpafs, may bring his Aftion, or refer his Damage to two Neighbours, which the Owner of the Beaft ffiall pay. But if he difapproves of the Judgment, the Par ties by Confent may nominate each of thera a Man to review .the Damage, virho may fet afide the for mer Judgment, provided they agree upon it the farae Day. Cattle taken in another's Ground raay be im pounded, till Notice given to their Owner, who " ¦ may '330 APPENDIX. NurnKVJ^? may- lieplfevy^ thera, or the ocher raay return thera' and bring his Aftion. In Cafe of involuntary Trefpafs, the .Trefpaffer tendering full Damage before Suit coramenced, fliall not pay Cofts, though the other fues him. "Whoever receives Damage from Cattle by his own Fault, ffiall recover nothing. If Goats damage any one, the. Owner fhall pay double Damage, and tbe Perfon damnifi^ fhajl keep and milk them till he has received Satisfaftion. Whoever takes another's Beaft, and works it with out Leave, fhall pay treble Daraagcs, or io.f. if the Plaintiff deraands it ; if they can't pay it, they fliall be otherwife puniflied, as the Magiftrate fees Caufe. Drift Cattie may be fed In any open Land, not appropriaced to any Ufe. CHARGES of the PUBLICK. No Governor, Deputy-Governor, Affiftanc, Affociace, Grand or Petty Juryman, Deputy for the General Court, "or Comraiffioner for military Difcipline, fhall ferve the Publick at their own Expence. Every Perfon to be affeffed by the Country Rates for all Charges in Church and State, their Lands in the Towns where tbey lie, and their Perfons where they dwell. The Money to be levied on Defaulters by Diftrefs : If nothing is found, they ai|e to be imprifoned till the County Court, or till Se curity given. The Treafurer every July fliall fend his Warrapt to the Conftables of every Town, to fummon the Inhabitants to chufe a Comraiffioner for Affeffraents, who with the feleft Men fhal! in Auguft take a Lift ofall raale Perfons above fixteen, and a Survey of -tbeir Eftates, and affefs thera %od. per Head, (ex- ' cept Magiftraces, and Elders of Churches,) and cheir Eftates ac a Penny ^^rPpund, The Numb. VII. APPENDIX. 331 The Eftates of Traders are to be rated at the Dif cretion of the Affeffors, but they raay coraplain, if over-rated, to the General Court. None to pay fot ' Larids iri England. . ¦'' A. Bull or Cow of 4 Years old, is to-be rated at -3/. Value, of 3 Years old, at 2/. 10 s. of 2 Years, at 2 /. of I, at 1 /. An Ox of 4 Years, at 5 /. A Horfe or Ma-re of 3 Years, ac 5 /. of 2 Years, at 3/. of I, at 1 /. lOJ. A Sheep of i Year, ac 10 s. A Goaitj ac Ss. A Hog, at 20 j. An Afs, of i Year, at 2 /. Cattle under a Yeair, Corn and Hay, in the Farraers Hands exerapted. Tradefrhen and Artifaiis to be rated by Eftima- tiori of their -Profits, unlefs difabled. Parents and Mailers fliall be taxed for ChUdren arid Servants taking no Wages. The Comraiffioners to meet in the Shire-Town the firft Wednefday in September, to- fign their Lift and Affeffment, and give it to the Treafiirer, or be fined 4.0 sl who is to levy it by che Conftables be fore the 20th of November every Year. Ev&ry Perfon is to pay the Conftable where heis affeffed, who is to remit che Money co Bofton, if the Treafurer defires it, ac the publick Expence. Eftates not laid to any Town co be affeffed in the neareft. Cows ffiall be taken in Payment, if no Price be fet by che Genera! Courc, ae a Price currant, judged by che Commiffioners of Effex, Middlefex, and Suffolk, Conftables charged with Collcftions, ffiafl clear Accounts before the firft of May, on Penalty of 5 /. The Treafurer fhall diftrain oh che Conftables for NOn-Payraenc, or anfwer it himfelf to ehe County : If noching is eo be found on the Conftable, he may diftrain on any able Man in rhe To'v/h, v/ho upon Petition, ffiall have. Warrant to colleft the Rates over again, wjth reafonable Damages. Conftables 332 APPENDIX. Numb. VII. Conftables charged with Colleftibns, raay con tinue to finiffi their Collcftions, and diftrain for Non-Payment, after cheir Office is expired. A Foreigner arriving with Goods to fell, the feleft Men may affefs them according to Value, and iffue a Warrant for levying It. Minifters arc excufed from all Taxes. CHILDREN. All Parents to teach their Chil dren to read, and all Mafters to acquaint their Fa milies with the capital Lav/s, on Penalty of 20 s. and to catechlfe them once a "Week. The feleft Men may examine Children and Ap prentices, and admoniffi Parents and Mafters, if they find them ignorant, and with the Confent of two Magiftraces, or the next County-Court, put them into better Hands. Children fo removed by the Magiftrate, ffiall ferve the Mafters, they are placed with, Males till 21, Females till 18 Years of Age. ¦ 'Tis Death for any Child above 16 Years of Age, and of found Underftanding, to ftrike or curfc his Parent, unlefs provoked by extreme Correftion, or in their own Defence, A Son of 16, accufed by Parents of Rebellion, and other notorious Crimes, ffiall be put to Death. Magiftrates may punlffi diforderiy Children or Servants on Complaint, by Whipping, or other- wife, if they fee Caufe, and bind thera over to the next County-Court. Whoever entices away, or encercains Children or Servancs, to pay 40 s. Whoever gives Credit, or lends Money to any under 21, ffiall lofe his Money, and anfwer for the Mifchief his doing fo occafioned. Children to be redreft by the Magiftrate, if deny'd convenient Marriage. No Orphan to be difpofed of without Confent of fome Court, the Majority of feleft Men affencing, fufficient in Cafe of Marriage, Wo- Niimb. VII. A P P E N D I X. 333 Woraen Minors tifl 16. CHIRURGEONS and MIDWIVES. No Sur geon, Midwife, or Phyfician, fhafl praftife on any, without Confent of the Perfon, or neareft Relation: CIVIL CAUSES PETTY. Any Magiftrate may fumraon, by the Conftable, Parties and Wit neffes, and deterraine any Caufe without a Jury, Daraages noe exceeding 40 s. t^^ The Councy-Courc may appoint three Inhabitants to determine chem, where no Magiftrace dwells, who muft fwear to be faithful, biic raay not corarait to Prifon in any Cafe. If the Caufe concerns the Magiftrate, or any one of the Coraraiffioners, the feleft Men ffiall dcterraipe it. Thefe little Caufes fhall not lie before the County- Court, but by Appeal, unlefs in Cafe of Affault, or Defaraation. . The Freeraen of Bofton raay prefenc feven to be fworn by ehe Courc ofiAififtants, as Coraraiffioners for that Town, any three of which with a Magi ftrate, or five without, raay determine any civil Caufes. under 10/. arifing wichin the Ifthmu-s or Nottles-Iftand, or in which either Party fhall be an : inhabitant. ¦ • ' The Commiffioners of Bofton ffialf keep Records, and publiffi their Courc-Days ; they may apppJAt their Clerks, and demand of che Plaintiff, in Aftions under 40 J. ^s. 6 d. for ochers, loj. and accuftora ed Fees. They may take Cognizance of Riots and criminal • l^Iifdemeariors, noc fining more than 40 s. . They are co have cheir Coraraiffions under the Hand of the Secretary of tbe General Courc, .and all Conftables and Inhabicants are to affift them. None to be adraiteed inco chis Office that are not faithful to their Councry, and inoffenfive in their Converfations; an Appeal lies from tliem tp rhe ; Court of Affiftants. CLEI?;.KS. ^^ A P P'E iN D I X. Numb. VU. CLERKS. Clerks of theiWritsarc eo be nomi- -nated'by syeryTown, and aUowed by ithe. County- fCourt. They are to grant fSummons, Attachments, and ¦'Replevies, and -to taice Securities for -Profecution of Suits. ' ' Their Fees are, 2 J. for a Warrant, 3 d. ; for an Attachment Replevin, 4^. for a Bond fpr therii- felves ; and 3 d. for the Marefehal-General for At- -taehments. CONDEMNED .PERSONS, .None to be. ex ecuted till four Days afcer Condemnation, hue in -Cafe of M^irtial Law, or fome fpecial Caufe, nor -tore-main unburied twelve Hours, but in Cafe, of Anacomy, . . . Tbe Dead Warrant to be figned by the Secretaiy --of the General Court, "^ CONSPIRACY, Confpiracy againft the Com monwealth, by-atictpp'ting an-Invafion, Infurreftion, Rebellion, or at-cempting to -feize any Towns or Forts, to be puniffied-' with Death, CONSTABLES. Conftables ffiall execute the Sentence on Criminals, or get ORcto do it. They • are to colleft Rates and Alfeffments,- con vey Offenders they are charged wich -before fome .'Magiftrate, receive and forward all Hue and. (Cries after Offenders, and even iffue them when no'^Ma- giftrate is near. - - - ..;¦ ' He-may fear&h for Offenders in publick Hodiles, and apprehend them without Warrant ; but if .em- --ployed, he muft have a Warrant. Whoever refufes to affift the Conftable, muft pay 16s. to the County, to be -levied- by Warrant; If -he does it contemptuoufly, he muft pay 40 s. " •Every Conftable muft have a black Staff 5 Foot long, tip'd at the upper End 5 Inches with Brafs, as- the Badge of his Office, when he afts. If the Conftable refufes to forward a Hue aind - Cry, he ffiafl pay 40 s, Th^ •Nilmb. VII. A P P ^ I^ D I X.- 335 The 'CbnftaBl,0s may arreft ahd ferve Suramons and Attachririents, vvhere no '^arflialiives. The Charge of Hue and Cry 'after a Prifoner muft be paid by the Treafurer of the County ; after others, by thofe who procure them, CONVEY.ANCES. ^o Alienation of Lands, 'but by^ Deed figned arid delivered, arid Poffeffion given by the Seller, or one authorized by^ilra. The Claufe of Conveyance co be In thefe Words : To have "and to hold the faid Premifes refpeSli'oely to the Party, 'cr Grantee,' his Heirs and Affigns for evert If the Eftate be entailed, in thefe Words : To haveand to ^hold,'8£c:-iO the Party or Grantee, and to fhe Heirs of his Body lawfully begotten -between him, and fuch 'a one his Wife. This Form npt neceffary in. granting Town-Lands, Former Deeds remain good, though, not inthe Methods npw prefcribed. Deeds obtained by Violence -are vpid, fraudulent Conveyances ffian't defeat a Man pf his Claim to juft Debts,' L&ences,^ or Lands. No Grants, Sales or Mortgages fhall be in Force, - except againfl the Grantee,- himfelf, or Helr^, dniefs owried before a Magiftrate, and recorded. All Grants before 0£tohr 1640, to be recorded in a Month, or to be null, except againft theGrt-an- • tee; if he refufes to own the Grant, when required, ¦ the Magiftrate may commie hira, and the Grantee enter a Caution with the Recorderof che Couney- Court, which ffiall fecure his Incereft. TheClerkoftheCouney-C-ourctoenreralTGrants, Sales, i^c. with the Names of Graneer and Gran- ¦ tee, with the Dace, and' Parti-cnlars of the Eftate, If the Granter be not in the Jurifdiftion, he muft ' enter within three Months -after his Return, GENERAL COURT. The General Court ¦made up of Magiftrates and Deputies, hath 'Power • to tax the Goun-cry,--and tb^-ghre, and confirm Pro? pefties 336 .A P P E N D I X. Nutnb. Vlt perries of publick, Lands. It hath the Supreme Lc- giflative Power, and the Power, of Judicature, and of redreffing the Grievances of the People •, the D- puties muft take the following Oath. J Do fwear by the moft great and dreadful Name of the ever -living God, that in all Cafes wherein I am to deliver my Vote or Sentence againft any criminal Of fence, or between Parties in any Civil Cafe, I will deal uprightly and juftly, according to my Judgment and Confcience ; and I will, according to my SkiU and Ability, , affift inaU other publick Affairs of this Court faithfu^ and truly, according to the Duty of my Place,, when J JhaU be prefent to attend the Service^ The Magiftrates and Deputies in this Court muft , fit and aft apart, and Laws and Orders rauft be tranfmitted from one Houfe to another ; not to be in Force till paffed by a Majority in boch Houfes, and engroffed. \ They are to be read the laft Day of the Seffion to the whole Body united. In Cafe of Difference, 'tis to be decided by the Majority of both Houfes met together. This Court to be called by Governor, Deputy- Governor, or Court of Affiftants on any Occafion, but to be diffolved or adjourned, only by themfelves. It affenibles by Warrant once a Quarcer,,or oftner. Ic may call che Governor or any Magiftrace to Ac count, and cenfure them as the Cafe. requires. It may determine Caufes without Appeal," and cite thofe depending in other Courts. The Governor to have the cafting Vote In this, as the Moderator in otiier Civil Affemblies. COUNTY COURT. The County Court con fifts of Magiftrates of the County, and others ap pointed by the General Court at the Nomination of the Freemen, five of them with one Magiftrate raay hold a Court, a They Numb. VII. APPENDIX. ^^7 They may determine Caufes not extending to Life, Member, or Baniffiment, appoint Clerks and other Officers, and fummpn Juries for the feveral Townffiips. COURTS of ASSISTANTS. Courts of Affif tanes confift of Governor, Deputy-Governor, and Magiftrates of Bofton, who are to meet at Bofton the firft Tuefday in March and September. They determine Aftions of Appeal, capital Caufes, and Caufes of Divorce : They may be called by the Governor, or his Deputy, as Occafion requires : Seven muft be prefent, of which the Governor or his Deputy to. be one, excepc in Cafes of Necefficy. . COURTS SPECIAL, The Governor or De- puey, with two Magiftrates, or any three Magiftrates, may call a fpecial Court for the Sake of aScranger. The Records of it to be entered in the Court of Affiftance, at the Expence of the Party eaft. COURTS in GENERAL, Any Courc raay re ceive an Aftion frora a Stranger, againft any one not an Inhabitant, and proceed to Judgmenc on Proof of legal Summons, All crirainal Cafes to be cried at the next Court thac bach Cognizance of chem. No Courc is eo eransfer a Cafe to another, but they may ftare ehe Cafe and prefenc it to the General Court for their Opinion, and proceed to Judgment according to tbat Opinion. Every Court may admit Freeraen, if Church Merabers, and give them their Oath, and the Clerk muft fend their Names to the General Court, Any. one Magiftrate may adjourn the Court, and all Parties concerned are bound wiehouc freffi Sum mons to attend again. Clerks and Recorders of Courcs may be fworn to be faithful. CRUELTY. No Court can puniffi with above forty Stripes. Vol. II. Z J^'^ 338 APPENDIX. Numb. VII No Man rauft correft any under him with Cruelty, or be cruel to a Beaft. D. DEBTS, No Debt not acknowledged for fix Years pleadable in any Court, unlefs proved or re corded in forae Court; the Evidence of fuch rauft be fuch as the Court approves, the Debtor to have a Year to difprove it, DEPUTIES, The Deputies for the General Court are chofen by Ballots of Freeraen, They may confer about Bufinefs, and prepare it for the Court. No Town can fend more than two ; and a Town npt having 20 Freemen, fends but one. Freemen of a Plantation under 10, vote in the next Tpwn. . They may chufe any one that is free, and lives within the Jurifdiftion, A Town not having 30 Freeraen, may fend De puties, or let it alone. Difputes about Eleftions decided by the Deputies In the General Court, No Man to be a Deputy, who la not found in the main Points of Religion, regular in his Converfation, or faithful to the Government ; whoever votes knowingly for fuch, pays 5 s. . The Conftable to return che Perfon chofen, and the Time for which, on forfelcure of 20 J. They are not co be continued above a Year. They muft accend che Court, or pay 20 s. a Day, if not excufed by che Houfe. No Accorney in an inferior Court to fit in the General Court. . , DISTRESS. Things fubjeft to prefent Decay, as Corn, &c. not liable to Diftrefs, unlefs Security be given to raake good the Damages. DOWRY. Numb.Vn. APPENDIX. 339 DOWRY. Wives not endowed by Jointure be fore Marriage, have a Right to a Third of the Huf- band's Eftate for tbeir Life, unlefs barred from it by her Confent in Writing, owned before a Magiftrate. The Heir at Law is to affign her Thirds within a Month, or ffie may bring a Writ of Dowry in the County Court. They muft leave the Eftate affign'd them,in repair. ELECTIONS, Affiftants are chofen by Free men putting a Bean againft the Perfon, or a Grain of Corn for him. Whoever puts in one or more Beans that is not Free, pays loj. ' Any one may feal up his Vote before the Conftable or DepuCy, and fend it to the Court of Eleftions at Bofton. The Governor, his Deputy, Major-General, Trea furer, Secretary and Commiflloners of the United Colonies are elefted by Papers fent open with their Names, Magiftrates for Towns are to be chofen by Free men fummoned In the fecond ^ee\s. of March. He that gives more than one Vote in any Elec tion, to pay 10 s. • The Votes for the Affiftants are ^0 be fent from each Town to the Shire-Town, and thence to Bofton to be opened before a Magiftrate the fecond Tuefday in April ; and the 1 8, that have moft Voices, are to,^ be Magiftrates and Affiftants, The Comraiffioner who brought the Votes, to return the Names of thofe chofen to the Conftables, and fhey to the Freemen, Whoever performs not his Duty in Eleftions, pays \QS. Z 2 ¦ No 340 APPENDIX. Numb. VII. No Quaker or Diffenter from the publick Wor- ffiip bas a Vote. ESCHEATES. Where there Is no Heir, the Eftate is CO be in the Treafury till a legal Claim be made. F. FALSE- WITNESSING, 'Tis Death to at tempt another's Life by witneffing falfely, wittingly and willingly. - FARMS, Farms within the Bounds of a Town, are Part of that Town, Meadford excepted, FEES, Whoever impleads another In County- Court, or Court of Affiftanes, pays los. before the Caufe be entered. Ten Shillings muft be paid for every Aftion be fore theCommiffionersof J^CB that's above 40J. '^d, and 4 J. for one under it, cither before them or any Magiftrate, or the three Commiffioners for fmall Caufes. The Court may excufe Fees. Fifteen Shillings muft be paid, where Damages are rtcovered above 10/. — 2,0 j, where 20/. All Fees to be allowed in the Judgment levied by the Marffial, and accounted to the refpeftive Trea- Ibrer. FENCES. Every one to fence according to his Proportion of the Corn-field In common, and not to put in Cattle while any Corn remains. If they can't agree, feleft Men to determine, or the Freemen where there are none. Whoever won't ftand to their Determination muft Inclofe his own Part. ' Seleft Men may order the Fences within their Bounds in Farms under 100 Acres, and impofe Fines on Defaulters under 20 .f. If they negleft tbe Fences, to pay 5 s. to the Town per Month. They Numb. Vn._ APPENDIX. 341 They may appoint two or more yearly, to view the Fences, and give Notice to tbe Owners to repair them, and if chey do it not in fix Days, the Sur veyor may do it, and recover double Wages, to be levied by the Conftable, having a Warrane from the feleft Men. If any one fences his Lands, his Neighbour is not to pay half of the Charge till he alfo inclofes. The firft'Inclofer is not to lay open his Neigh bour's Land, though he may his own, but may de mand the Value of half the Parcy-fence co be fet by two, each ehufing one, and purchafe ic. This holds good in cafe of a Town-cOmmon, but not of Houfe-loes, under 10 Acres ; if fuch are im proved, ehe Neighbour pays half the Party-fence, .whether he improves or not. If a Perfon receives Damage from Cattie becaufe his Fence was faulty, he cannot recover it, FERRIES. No Paffenger co be cranfported but by authorized Ferry-men, who can only take up at their own Ferry Place, though they may land at another's. No Canoe to be ufed by thera, on Forfeiture of the Canoe or Value of it, unlefs in cafe of Neceffity. Perfons raay pals in their own or Neighbour's Boats. ' Paffage at Weymouth-Ferry 2 d. after Day-light is over 4.d.- Magiftrates and Deputies pafs free with a Servant and Horfe, except where Rent is paid to thd Country. Whoever preffes Into a Ferry-boat, without Con fent of Ferryman or Paffengers, he may be thruft our, or pay loj. If the Ferryman admits one againft the Confent of any Magiftrate, Deputy or Elder, or Majoricy of the Paffengers, he pays 20 s. Perfons to be tranfporeed in their Turn, except Z 3 Publick 342 APPENDIX. Numb. VII. Publick Officers, Phyficians, and fuch-like, who are to be taken firft. FINES, Perfons arc to ftay in Prifon till they pay their Fines, unlefs the Judge or Court refpite them. The Clerk of the Court is to give a Copy of Fines and Dues to the Treafurer, who muft iffue his War rane CO che Marefchal to levy chem. The feleft Men are ep receive Fines in Cafe of Eleftions for che Ufe of che Poor, FIRING. Whoever kindles a Fire in a Wood, fo as CO hurc Corn, before ehe goch of April, or on Saturdays ov Sundays, pays cbe Damage, and halffo much CO tbe Country. If not able eo pay, is ,eo be whipt with twenty Scripes. , "Whoever fees fire to any thing, to pay double Damage and be whipt, if ten Years old. If it be a Houfe or fuch^ike, 'tis Death, wich the Forfeiture of what makes Sacisfaftion. Perfons fufpefted of this, to be Imprifoned with out Bsil till the nexc County Court. FISH, Fiffiermen may ; ufe. Harbour or adjoin ing Land for curing their Fifh, and take what Tim ber or Firewood they want, paying the Proprietor. A Surveyor of Fifh muft be choferi by Buyer and Seller ; what he fays is merchancabfe,- the Buyer muft take, he muft be fworri before one appointed to take his Oaeh by ehe General Courc ; he is to have a Penny per Quintal, to be paid, half by the Buyer, and half by the Seller. , All Fiffi falted wich Sucktoqd, Siin burnC, Salt burnt dry Fiffi, Fiffi pickled, is unmerchantable- No one to kill Cpd-fiffi, Hake, Haddock or Pol - luck for Sale in December or January, or Mackar^l to barrel in May or June, on the Penalty of 5J. for every Quintal, and the Mackarel forfeited. The Garbage not to be thrown near che Banks, Fiffierraen Numb. VIL APPENDIX. 343 Fiffierraen difobeying Orders, or getting drunk, to pay for the firft Offence 20.?. for the fecond 40 j'. and to be imprifoned three Months for the third, FORGERY, Forgery is puniffied with che Pil lory, double Damages, and being difabled co give Evidence or Verdift, FORNICATION, Puniffied by compelling Mar riage, Fines, or as the Court fees fit, FREEMEN. All Englijhmen, Members pf Churches found in Faith, regular In Life, Free holders, raCeable at ioj. being twenty -four Years old, may be made free. Not exempted from Offices, tho' chey take not up their Freedora. The County Court adminifters the Oath of a Freeman, to any admitted by the General Court. GALLOPING HORSES. No one to gallop a Horfe in Bofton, on Penalty of 3J. 4^. GAMING, Whoever games for Money, pays treble the Value, half to the Treafurer, half to the Informer. No playing at Shuffleboard or Bowls ae a Public Houfe, on Penalty of 20 s, to the Mafter, and 5 s. to the Player. No Dancing in Public Houfes, on Penalty of 5s. No Feafts or Feftivals to be obferved, or Cards or Dice to be ufed, on Penalty of 5 s. None to bring Cards or Dice Into the Country, or to have any in their Cuftody, on Penalty of 5I. half to the Treafurer, half to the Informer, Whoever delivers them up is excufed ; whoever games, and inforras of birafelf, is excufed ; he raay witnefs againft others, but has no Benefit frora in forming againft them. Z 4 Judges 344 APPENDIX. Numb, VIL Judges may change the Fine into Corporal Pu- nifhraent. H. HERESY, Whoever denies the Immortality of the Soul, the Refurreftion of the Body, or the Evil done by the outward Man Is Sin, or that Chrift gave himfelf a Ranfom for Sins, or that we are juftified by his Righteoufnefs, or the Mora lity of the 4ch Coramand, or the baptizing of In fants, or the Ordinance of Magiftracy, or their Authority to make War, or punifh Offenders againft the firft Table ; whoever denies any of thefe, or fe- duces others to do fo, muft be baniffi'd the Jurif diftion. , , ; Whoever profeffing the Chriftian Religion, and being fixteen, denies any Book of the Bible to be the Word of God, is to be imprifon'd till che County Court, and fin'd or puniffi'd as the Court thinks fit. If he recants before Sentence, not to be fined above' I o/. If he offends afterwards, he is to die or be ba niffi'd, as the Court chinks fie, , Th'e blafphcmous Books of Veers or Muggkton to be delivered up to ehe Magiftrace and burnc, on Penalcy of lo/. Whoever knowingly brings a Quaker or Heretic, is imprifon'd till he pays or gives Securiey for lool. and carrying him away again. Whoever conceals fuch, to pay 40s. an Hour, or lie in Prifon till he does. Whoever goes eo a Quakers Meeting, pays' 10s. and 5/. if he preaches. Whoever difperfes or conceals their Books, pays 5/. for every Book. Whoever reviles Magiftrates or Minifters, pays 5/. or is to be whipp'd. De- Numb. VIL APPENDIX. 345 Defamers of Magiftrates or Judges, for what they do in Court, are to be puniffi'd as the Crime deferves. The Publlflier of any Error to be cenfured as he deferves by the County Court. Quakers not Inhabitants, to be imprifoned till the Court of Affiftants, and then baniffi'd ; not to return on Pain of Deach. If Inhabitants, they are to give Security for ap pearing nexc General Court, and to be baniffied if they don't recant. If he returns, to be banifh'd again, not to re turn on Pain of Death, Vagabond Quakers are whipt through the Towns, not exceeding three, and convey 'd out of the Ju rifdiftion ; if they return after three Tiraes, they are to be in the Houfe of Correftion till County Court, branded with the Letter R on the Left Shoulder, and whipp'd, as before ; if they return after this, to be baniffi'd on Pain of Death. If any turn Quakers, they are to be baniffi'd the Jurifdiftion, and ferv'd as Vagabond Quakers, if they return. The Magiftrate figning the Warrant for Whip ping, mtift mention the Towns and Nuraber of Stripes, and the Conftable fee it executed at the Expence of the County. HIDES. No raw Hides, Skins, &c. to be ex pofed, except thofe which have been imported, or the Skins of wild Beafts, on Penalty of the Goods or Value. HIGHWAYS, Highways muft be kept In Re pair by the Publick. ¦New Roads are to be laid out by three Men of the next Towns appointed by the County Court, without pulling down Houfes, or laying open Gar dens, and to be ten Rods ^wide, where the Ground is wet or rocky. The 346 A P P E N D I X. Numb.Vlif, The Town p^ys the Damage dorie to iraproved Lands, as valued by thofe who lay out the Road; thofe aggrieved may appeal to the County Court. If it be wiehouc Caufe, they muft pay Charges and a Fine, The feleft Men to lay out private Roads, fo as no Damage be done, without any Recompence. Gates or Rails in the Road may be pulled up by the County Court, paying Damages co che Owners. HORSES, No Horfe to be fold to an Indian, on Penalty of a loo/, or taken on board a Veflel, without being enter'd in the Toll-Book^ with the Colour, Mark and Age of the Hbrfe;'- -with the Name of the Perfon of whom bought, and Proof that he Was the Owner Of it, on Penalty of 4/-, haff to the Informer, .' •' ¦' No Stone-Horfe above two Years old to run at large, unlefs view'd and allow'd of by -the feleft Men, on Penalty of 20s. per Month, If they negleft to view the Horfe, or levy the Fine, they pay 20s. . ..... L r-. JAYLORS. Jaylops may take ; Bail in Civil Cades, after Commitment. - •• IDLE PERSONS. Idle Perfons are to be pre fented and puniffi'd, as the Court fees fit. - JESUITS. Nojefule or Prfeft to'abide inthe Jurifdiftion. Whoever can't clear himfelf from Sufpicion to the Court of Affiftants, to be baniffi'd, not to re turn on Pain of Deach, unlefs by Shipwreck, Or ill Company wich any upon Bufinefs^ wich whom they are to return. ' ¦ Whatever Prieft refiding there, did not depart before No'vember 170b, he was to be impi'ifon'd for Life, and to die if he broke Prifon/ ' Who- Numb. VII. APPENDIX. 347 Whoever concealed fuch, to be pillory'd, or pay 200 /. half to the Informer. Any Juftice may commie one fufpefted, in order to a Trial, and he may be feized by any, without Warrant. If a Prieft is driven on the Coaft, he muft go to one of the Council, obferve his Orders, and depart as foon as poffible, IMPOSTS. Wines and ftrong Waters not com ing from England, are. to be enter'd, on Forfeiture of the Goods ; che Ducy of fuch Goods Co be paid in kind, as the Owner can agree with the Officer. The Cuftomer may emplpy Deputies to wait or fearch Wines. Wines of Fyal or Weftern Iflands, pay 5 s. per Pipe ; of Madera 6s. 8 d. Sherry, Sack or Canary, Mufl^del, Tent, Malmfey, Alicant, or others frora the Streights, 10 s. French gs. Strong WaCers 40 j. Cqnftables mufl; affift Officers in fearching for concealed Wines, in order to feize chem, on For feiture of 10/. Debts due for Cuftora, where Wines and ftrong Waters are not to be had, are recoverable by Aftion. Ships not fraught in England, pay 6d. per Ton, and 10 J. per Ship to maincain Fortifications, thofe fraught in England, 10 s. per Shi^, if above 100 To'n, if under, 6s. Sd. per Ton. Publick Houfes to pay 2 s. 6d, per Hogffiead for Cyder, Ale and Beer, and 5 s. for Mum to the Treafurer, before whom he is to fwear to what he fells, or pay treble Duty, or lofe his Licenfe. - Afl Imported Goods, except Fiffi, Sheep, Wool, Cotton, Salt, pay i d. per Pound Value, to be rated at 20 per Cent, above prime Coft. The Mafter, before he breaks Bulk, muft report his Lading faithfully, ori Penalty of 20s. per Ton, and the Officer enter the Goods with the Owners Names, as far as they can lawfully be difcover'd, and 348 APPENDIX. Numb. VIL and the Owner fhall ffiew his Invoice, and difcover the Value of them to the Colleftor, who muft levy the Duty, and diftrain in cafe of Non-payment, taking 2 s. per Pound for his I-,abour. If the Invoice be fatisfied, the Colleftor, with the feleft Men rate the Goods, Cattle brought into this Jurifdiftion to be fold, killed or tranlported, to be paid for according to tbe Law mentioned. Tit. Charges of the Publick, on Forfeiture of the Beaft or Value, half to the Inforraer. Goods brought by Land, to pay i d. per Pound in Money, before Sale or Exportation. The County Treafurer is to fee che Law executed. No Goods paid fpr by this Law, are rateable again the farae Year, The Treafurer may apply to the Council fpr Di reftion in dodbcful Cafes. *' Mafters of Ships bringing rateable Good?, muft have Orders from the Treafurer to deliver theti), or pay the Rate ; the Seal of his Office is (TM.) IMPRESS. One Magiftrate and the Overfeer may imprcfs any Labourers for publick Work, au thorized by the General Court for, a Week, paying them Wages, unlefs they have fome Incapacity. A Perfon may be forced to go out of his Jurif diftion only in Cafe of 'a defenfive War entered upon by the General Court, No Man's Cattle or Goods to be Impreffed wich out Warrant, and paying reafonable Prizes, and making good all Damage. IMPRISONMENT, No one to be Imprifoned, but in fuch Cafes as the Law allows of, INDIANS. Indians have a Right to Lands fub dued and improved, defiring to live araong, the Englifh. They ffiall have Allotments of Lands, according to Cuftom, and, have Relief in Courts, ifdifpoffef- fed of what is theirs, as the Engliftj. Lands Numb. VII. APPENDIX. 349 Lands In the Jurifdiftion not Improved by Indians, is the Property of the Englifh. None to buy Land of Indians wichout Leave frora the General Court, on Forfeiture of the Lands. None to fell to the Indians, or to any Perfons in habiting out of the Jurifdiftion, Guns, Powder, Ball, Armour or Weapons, on Forfeiture of 40 j. for a Pound of Lead or Shoe, 5 /, for every Pound of Powder, and 10/. for Gun, Armour or Weapon. No Perfon not in the Jurifdiftion may Trade with any Indian within this Jurifdiftion for any Goods, without forfeiting them. They may be feized by any without Warrant, half for their own Ufe. He that fells any Sort of Peltry to the Indians, without Leave from the General Court, pays 100/. 10/. for the Inforraer. Whoever fells thera any ftrong Liquors, pays 40. J. a Pint ; a third to the Informer, Trucking Houfes not allowed by the General Court, are to be demoliffied, Phyficians raay prefcrlbe in Liquors forbid to the Indians, with Licenfe ofa Magiftrate, None to fell the Indians a Boat, Skiff or Canoe, on Forfeiture of 50 /. Daraage done their Corn to be recorapenced by thofe whofe Cattie did it. ' Thofe whofe Cattle may damage their Plantations, muft help them to fence, and they muft fell them Tools to do It, If they refufe to fence, they can't have Daraage. They muft fence Lands granted or purchafed, at their own Charge. If the Indian Catefe damage the Englifli, they muft make Satisfaftion, Laws refpefting them, muft be made known to them once a Year, by one appointed by the General Court. . ¦ 2 Civfliz d 350 APPENDIX. Numb. VIL Civiliz'd Indians living under the Government, ffiall have an Indian Gommiffionlsr, and Conftables, and Marffials in cheir Plancacions, and the Power of a County Court to deterraine Caufes, provided an Englijh Magiftrate appoint the Time and Place, and confents to all Judgments. Indians not to profane the Sabbath, or to have ftrong Liquors. If Drunk, they rauft pay los. or be whipped with ten Stripes, confefs where they had the Liquor, or ftay in the Houfe of Correftion tifl they pay tbe Fine of tbe Liquor they drank. The Accufation of an Indian will be good againft any tbat purgeth noc hirnfelf by Oath. Thofe who have Licence to fell Peltry to the In dians, may alfo fell Arms and Ammunition to thoTe not in Hoftility, p.iying to the Treafurer every half Year 6 s. per Pound of Powder : 6 d. for lo Pound of Shot : 3 s. per Gun, and per Dozen of Sword- Blades, and give a true Account upon Oath of what he fells, on Penalty of 5 /. for every Pound of Pow der ; 5/, for every 10 Pound of Shot; 10/, for every Gun or Dozen of Sword-Blades ; this to be in Force while the Court pleafes. 1 668. INDICTMENTS. The Indiftment muft be within a Year after the Offence, except in capital Offences, Crimes that concern Life, of- Member, or Baniffiment, Treafon,'^ Confpiracy or Felony, above io J. or Civfl Right or Caufe of Aftion at Law. INN-KEEPERS. None to keep a Publick Houfe without Licenfe from the County Court, on penalty of 5 /. or Imprifonment during Pleafure. Merchants not to Retail under three Gallons of Wine or Syder, and a Qiiarc of Scrong Waters. Publick Floufes muft have a Sign within three Months, or forfeit their Licence, And fell Beer at 2 d.per Quart, 4 Bufliels of Malt to tbe i^ogffiead, on Penalty of 40 j. 2 If Numb. VIL .APPENDIX; 351 If they brew with any thing inftead of Malt, to pay 5 /. They muft fuffer none to be drunk, or to have above half a Pine of Wine, or to fie above half an Hour, or afcer nineae Night, on Penalty of 5 j. If they conceal a Drunkard, or fend not for the Conftable, they pay 5 /. Whoever is drunk, pays 3 s. 4. d, for drinking too much J 2 s. 6d. for ftaying more than half an Hour ; and 5 s. for fitting after nine at Night ; to be imprifoned rill he pays, or fit in the Stocks three Hours. If he abufes the Conftable, or ftrlves to efcape, he may corarait him till he pays, or tfll Order frora the Magiftrate. Licenfed Houfes raay entertain Travellers or Sea faring Men in -the Night. Private Perfons pay 20 s. or fie in ehe Stocks for the firft Offence, in perraiecing People to tipple in their Houfes ; 5 s. for the fecond ; to be bound to better Behaviour or coraraltted for the third. Merchants of Wine to pay 10 s. if any drink to Excefs in their Cellars. Drunkards forfeit double for the fecond Offence, and treble for the third ; if nor able co pay it, they muft be whipped with ten Scripes, They rauft be coramiceed for the fourth Offence, or find Sureties for their good Behaviour, Perfons keeping a Publick Houfe, ffiall be difabled from keeping one for ever, if they offend in this Point the third Time. Whatever Viftualler is not provided to entertain Strangers Horfes with Stable-Room and Accendance, pays 2 s. 6d. and double Damages. Reeailers pay 5 s. per Butt of Wine, and 2 d. per Quart of Scrong Wacers co the Country ; the Duty to be accounted for, and an Account of what the Retailer buys to be given every fix Months to the Treafurcr,or the Wine is forfeited, half to the Trea furer and Informer. • They 352 APPENDIX. Numb. VII. They rauft not fell Wine above 6 d. a Quart more than what it coft thera per Butt. The Treafurer raay appoint Officers to colleft this Duty, and take it in Wines or other Goods ; he is to- have 2 s. in the Pound. Whoever fells Drink, except to a Stranger, in Tirae of a Lefture, pays 5 J. Offences againft this Law deterrained by one Ma giftrate, who may warrant the Conftable to levy the Fines, One confeffmg is good Witnefs againft another. Cemftables may fearch for Offenders on Lord's Days and Lefture- Days ; they forfeit io.f. for any Negleft. Licenfes muft be renewed every Year, on Penalty of 5 /. ' This does not extend to Vintners under Contraft wich che Publick. Perfons difturbing the Houfe where they drink, pay 5 s. if the Mafter fuffers it, his Licenfe ffian't be renewed, Thofe who are with thera are Guilcy, unlefs they teftify their Diflike. Thofe who are addifted to Tippling, and warn'd by feleft Men not to frequent Taverns, ffiall pay 5 s. if found In a Publick Houfe, Keepers of Publick Houfes muft have a Licenfe, noc to entertain fuch Perfons ; if they do, to pay 20 j. JUDGES. No Perfon is to fie as Judge in a Caufe when his Relation is concerned. JUDGMENTS. If a Judgmenc or Execution be fold, it is void in Law. If the Party dies before he has had Satisfaftion, his Executor fhall renew ic. Judgment confeffed before two Magiftrates is good, the Clerk may receive a Shilling Fee. If a Perfon whofe Goods are taken in Execution owns what is not his own, he make it good, and fays double Damages. If Numb. VII. APPENDIX. 353 If other Perfons Gopds be feized in Executipn, they muft be reftored, and another Execution grant ed, as if no Goods had been feized at all. JURIES. The Clerk In Court rauft fend a War rant to Conftables to fummon Jurymen, in prppor- tipn to the Inhabitants. He muft give Notice to che Freemen co chufe and return chofe chofen. None muft be warned from Salem to Ipfwich, or Ipfwich CO Salem. In fpecial Courcs, Jurymen have 4 j. a Day from thofe who defired thac Courc. The Juries ac the Courc of Affiftants. are chofen in Suffolk and Middlefex. Jurors fworn are to find the Faft according to Evidence, the Judge to determine the Mateer of Equity. Cafes of Life or Baniffiment tried in inferior Courts, only by fpecial Jury. Grand Juries fummoned once a Year to prefent Mifdemeanors, No Juror ffiall difcover a Crime, when under Tie of Confcience to the contrary, except the Publick would fuffer, or legal Teftimony is required. Every Grand Juryman is to have 3 j, a Day out of the Perqulfites of the Court, The Jury may bring in their Verdift fpecial, and then the Court determines. Jurors may find in cheir Verdift as much as they can, if chey can't find the main Iffue, If the Court and Jury ^differs, the Cafe- iffues in the Court of Affiftants, They may there bring new Pleas and Evidence. If the Plaintiff- purfues not his Caufe there, the Defendant is to have Cofts the next Cotmty Court. Any Juror not fatisfied, mAy openly in Court cpiifult with any Man. . No Juror is forced to ferve above one ordinary Vol. II. A a Court 354 APPENDIX. Numb. VII. Court in a Year, except fummoned, in Cafe of Life, or Banifhment. Grand Juries rauft ferve two Courts together at leaft. Plaintiffs or Defendants not appearing, are non- fuited, and to pay Cofts to hira who does appear. The Parties raay agree to try ic afterwards, the Plaintiff paying half Fees for a new Entry, Any prefented by the Grand Jury, or fummon'd by the Magiftrate, muft be proceeded againft for Conterapt, if they don't appear. In all Civil Cafes "the Verdift. of the Jury muft be accepted. But upon apparent Corruption, the Party aggrieved may attaint the Jury, and have Execu tibn refpited, uppn his being bound to profecute at the next Court of Affiftants, and the Clerk fum- mons a new Jury of 24, to try the Aftiori of Attaint. If they find fpr the Plaintiff, the former Defen dant pays Damages ; if Corruption be found in the Jurors, the Court fines, or imprifons; if they are acquitted, the Plaintiff pays double Damages, the former Judgment is good, and Execution is ifitied. LANDS. All Lands are Freeholds, and fubjeil: to no Fines upon Alienations, nor Harriots, Ward- fhips, Efcheats, or Forfeitures, on the Death of Parents, or Anceftors for ever. LEATHER. None but Tanners are to tan, on Forfeiture of 6 J. Sd. Whoever cuts the Hide in fleaing, pays i s. for every Cut. Leather badly tann'd is forfeited, if expos'd toSale^ Tanners having their Fatts in iraproper Places, Qt putting Leather in warra Moors, pay 20 /. Curriers not to drefs Leather badly tanned, but to :^jtlmb. VII* A ? f» fi N b I X. 315 to curry Leathp well, on Forfeiture of the Hide that is prejudiced. Every TefWn mufi appoint PerfonS . to view the Leather, to feal What is goodj and feize What is otherwife. If the Owner fubmits nor, it is to be vleWed by four flcilful Perfons, who are to liiake their Report to the next Courity Court. The Officer's Fee for fealing is i d. per Hide for Parcels tinder fiVe, and 6d. for every Dickaraboye. If he is riot faithful, he forfeits the Value of the Leather. Fines are paid, a Third to the Shire, a Third to the Town; and a Third to che Seizen LIBERTIES. Any Perfon may Come into Court, or Council, arid move for any ching in a decent Mannter. Eyety Houlholder hats free Fiffiing and [fowling in any River, Bay, 6?f . within the Precinfts of thd Town Where they dwell, fo far as the Sea ebbs and flows, unlefs it be appropriated by the Freemen^ No ToWn to appropriate to ohe Perfon above teti Acres. Larids adjoining hate the Property to Low-water Markj but no Proprietor tP hinder the Paffage of Boats where the Sea ebbs arid flovvs. Any may paft through another's Landsj not tref- falfirig ori Corui or Meadow, Any one nrtay remove hirfifelf out of the Jurif^ diftion. LYING. Whoever publlfhes a Lie to the Pre judice of the Publick, or any private Perfbn, pays 10 Jj or fits in the Stocks two Hours for the firft OffenCe^ for thefccoftd 2&s. or whipped tenStripes,- for the thirdj 40 J. or fifteen Stripes ; every ftew Faulr iricreafes i&s. of five Scripes^ Fine's to be levied, or Puniffiment inflifted by the Marfhal. ^, A a 2 The 356 APPENDIX. Numb. VIL The.Offendcr may appeal to the County Court. If without Caufe, he pays double Fine. Perfons muft correft their Children or Servants under Age for this Fault before the Officers. M. MALT. Malt rauft be in good Condition, on Penalcy of i s. per Buffiel. No Wheat, Barley, Bifcult, ' Beef, Flour to be imported, on Penalty of Confifcation. Marflials and Conftables may feize wherever they find it, and have a fourth Part. MANSLAUGHTER. If any one ffiafl klfl anoeher In defending birafelf, or one who attcrapts to rob, or raurder, or break into a Dwelling-Houfc, he ffiall be blaraelcfs. MANSTEALING. Whoever fteals a Perfoiv is to be put to Death, MARRIAGES. Whoever ftrikes his Wife, or ¦ her Huffiand, is fined not exceeding io7. or other- wife puniffied as the Court direfts. None are to be raarried till it has been publiffied in the Meeting, where they dwefl, three Tiraes, or affixed to the Mecting-houfc Doors for 14 Days. ¦ None are to court a Maid, without Confent of her Parents, 5/. for the firft Offence, 10/. for the fe cond, Imprifonment for the third, rill releafed by the County Court. Married Perfons rauft live together, unlefs the Court of Affiftants approve of the Caufe to the contrary. None are to marry Perfons but the Magiftrate. None may marry the Sifter ofa former Wife. MARSHALS. Every Court ffiall have a Mar ffial to execute Writs, Sumraons, (^c. and to levy Goods by Warrant, which he is to deliver to the ¦Plaintiff, or raake hira Satisfaftion. Execu- Numb. VIL APPENDIX. 357 ¦ Executions muft be returned to the Clerk that granted them, wich an Account, and if the Plaintiff is not fatisfied, the Clerk may grant Execution for what reraains. The Marffial is to ferve and return Attachments, to levy Fines by Warrant, or to pay 2 s. per Pound for what is not collefted or returned. He is to be no Clerk nor Recorder.' His Fees are for Fines, i s. per Pound, for At tachments within a Mfle i s. 3d. for Executions i s. fer Pound, for Sums under 10 /. 6 d. per Pound iriore, for aU under 40 /. 3 d. more, for all under loo /. I d. more, for all above, out of the Eftate^of the Defendant. If his Fees anfwer not his travelling Charges, he has 6 d. per Mile. He is to pay to the Marffial-Gcncral 3d. in 1 5 d., of Attachments, and 3d. in 12^. of Executions, who is alfo to have 2 d. per Qnarc of ftrong Waters retail'd, the Benefit of importing them, and 50 f. of thpfe who fell them without Licence, if he in forras. The Marffial In levying Fines, ^c. may after^ Derriand break Doors, Locks, tfI, th* feleft Men to fee them paid ; whatever Town neg lefts it, pays lo/. Every gathered Church fhall chufe its Minifter, and if the raajor Part of the Inhabitants concur with the Church's Aft, he ftall be maintained by the Town. The Town of Bofton was left by this Aft to their own Cuftoms. Where no Church is gathered, the rateable Inha bitants chufe, with the Advice of three neighbour ing Minifters, giving 15 Days Notice. If any refufe to pay his Proportion, he is fined by the QuarCer Seffion, 40 j. for the firft Offence, and j^l. for every other. If the Majority of the Inhabitants refufe a MinifteP chofen by the Church, the Elders and Meffengers cf three br five neighbouring Charches are called ; if they approve of bim, he is the Minifter ©f the Town, and muft be maintained. Thofe who voted as Ch«rch-membcrs, may alfo vote as Inhabitants. A. Town neglefting a School, pays 20s. every Mafter muft be approved by the Minifter, or two neighbouring Minifters, ¦ No Minifter is to be aSchool-raafter. The Quarter Seffions raay appoint Men to afllefs and raife what is due to the Minifter by Contraft or Allowance fettled by them, the Inhabitants to name die Aflfeffor. But If they won't aft, the feleft Men rauft. MONEY. No Coin to be current, except Eng- UJh, or coined here of Silver of the Alloy of Engli^ Money, 2 d. per Shilling lefs Value than Englifh Bi^oneyr, Olfiicers of the Mint are to have one Shilling in t-wenty, every Shilfing to weigh 3 Drams Troy-weight \ other Pieces in the fame Proportion. No Jfumb. VH; APPENDIX. 363 No one to carry more than 20J. out of the Country, on Penalty of the whole of his Eftate, a third to the Inforraer, MONOPOLIES. No Monopolies but of profit table Inventions, and for a ffiort Time. MURPER, Wilful Murder is punifhed with Death. O. OATHS, SUBSCRIPTIONS. No Oaths or gubfcriptions are to be impofed, but thofe appoints ed by the General Court, The County Court, or any Magiftrate omt of Cavit, is authorized to require an Oath of Fidelity of all Inhabitants who have not taken ir, and of Strangers after two Months Abode; if they refufe, ihey forfeit 5 j. for every Week, or rauft givfe Se^- curity for their Fidelity. P. PAYMENTS. All Contraas muft be paid ii> the Specie bargain'd for, PETITIONS. All Pctitfons to the General Court, on common Occafions, pay 2 s. 6d. to the Clerk on Delivery, Petitions for Abatement of Fines, Mitigation ol Penalcy, Gratuities, Debts, Controverfies, 10 j. Petitions of Magiftrates or Deputies, cither for themfelves or the Country, exempted, The Clerks difcount wh4t is paid to theni for Petitions in their $alary. None are to he prefented to the General Court, after four Days of the Court of Efe^ions, or the firft Week of other Seffions. PIPE-STAVES. The feleft Men are to view f ipe-ftaves before Ihipp'd, and to throw by thofe thai 364 Appendix. Numb, vn.- that are any Way defeftive, and to have 2 s. per Thoufand, - Thpfe offer'd to be fliipp'd unfearch'd, are for feited. Mafters taking fuch on board, pay 5 /. Refofe-ftaves may be fold or ftipp'd, if as fuch, and not as merchantable, POOR. The County Court, or two Magiftrates, determine about Provifioti for the Poor, with an Appeal to the Courc of Affiftants. Three Months Refidence is a Settlement,- except the feleft Men warn them away, and coraplain to the County Court, if they ftay. PORTERS. Thefefeft Men 'appoint Porters, and-^djiift their Wages. POSSESSION,, Poffeffion for- five Years giveS' a Property, POUND BREACH. Every Village or Town muft maintain a Pound, - . - - - Whoever impounds a Beaft, muft give Notice to the Qwner, or cry them at the two next Markets or Leftures, and the Owner mul);. pay Daraages, tho' the Cattle efcape. - Refcuing Cattie going to pound, is ' fin'd 40 J.' breaking the pPund gs'. to anfwer all Harra done, and to be whipp'd, if not able to make Satisfaftion. POWDER, The Captain of the Caftle is to notify' to all Mafters corning into the Bay, and the Confidbles to thofe coming into other Ports, that they are to give an Account of the Araraunition they bring to the Notary within a Month, with the Names of the Perfohs to whom it is confign'd^ on Penalty of 5 /, No- Gun- powder to be exported, without Li- cerice, ¦ on Penalcy of Forfeiture, ' The County Court raay appoint Searchers to prevent it. ¦t- > . The Numb. VIL APPENDIX. 365 The Undertakers of the Powder-Mfll may have a Warrant to imprcfs Men for Public Work. PRISONS. Malefaftors are to be conveyed to Prifon at their own Charge, if they are able to bear it. The County Court Is to appoint a Houfe of Cor reftion in every County, add a Mafter for it. The feleft Men are to provide Materials for , Work, the Profit is the Mafter's, he aflowing to 'the Offenders mean Food, or half what they earn. Every one muft be whipp'd at his Entrance, un der 10 Stripes, and then employ'd by Talk till dif charged. If they won't work, the Mafter rauft correft and abridge thera of Food, and not difcharge them without Warrant. Whoever helps a Prifoner to efcape, ffiall an fwer for hira ; and fuffer befides, as the Court de terraines. The Goaler is to fuffer what the Prifoner de ferved, if he efcapes thro' his Negleft. Goalers rauft give to the Courts frora time to tirae true Lifts of their Prifoners. The Courts determine what they are to be paid for their Maintenance, and by whom. The Plaintiff, in Civil Caufes, muft give Secu rity for Food and Phyfic, or the Prifoner fwearing he is not worth 5/. raay be difmiffed. The ordinary Allowance is 2J. 6d. per Week for each Prifoner, PROTESTATION. Whpever diffents from the Majority of the Court, may have his Proteft en ter'd, but without Reafons, PUNISHMENT. None to be twice puniffi'd for one Offence. Corporal Puniffiraents not to be inhuman. None to be whipp'd who can pay Fines, except the Cafe i» extraOjrdinary, and his Life fcandalous. ,, None 366 APPENDIX. Nilmtj. Vlf, None to be rack'd, unlefs it appears there ard Confederates, and he won*t difcover themi R. RAPE. Rapes are punifh*d with Deaths or fom^ gpevous Punifhraent the Court appoints inftead of it. Whpever has Carnal Knowledge of a Child uh-» der lo Years of Age, fuffers Deaths RECORDS. All judgments are to be recorded^ and Evidences kept. The Jury muft deliver up the Writings cora* mitted to them, when they give their Verdift. Clerks of the Writs in every Town muft record Births, and Burials, and return a Copy to the Re corder of the Cpunty Court, paying a Penny for' every Birth or Burial, All Parents, or Mafters, or Executors, moft no tify to the Clerk every Birth or Death, and pay 3 di Every raarried Man fhall notify to hira his Mar riage, under the Hand of the Magiftrate who maf- ried hira, and Be enter'd frying i^d. this alfo to bef return*d as the, other i Perfpns not doing this,- pay \s. Clerks not raaking their Annual Return j pay 5/. and 5 J, for oraitting any particular Perfon. Any Man raay record Teftimonies before two Magiftrates, Deeds, or Evidence legally confirmed j^ Any one may fearch Rceordsj or have Exemplt* fications. Whoever defaces Records, pays treble damages,' and fuffers otherwife, as the Court thinks fit. REPLEVIN. Perforis may replevy fheir GocJds,. except upon Execution or Fine, giving Security to profecute the Replevin, arid anfwer what fhall be recover'd at Law. i SAB-. IJurnKVII. APPENDIX; 367 S. SABBATH. Whoever profanes-the Sabbath af ter Adtnonition, pays for the firft Offence 5 s. for the fecond loj. to be bound over to the County Court for the third ; Governors of Youth under feven Years to fuffer for them. Drinking or fporting on Saturdays, after Sun-fet, pays 5 J. Perfons refufing to pay, muft fuffer Cor poral Puniftment, as the Court deterraines. No Work to be done on the Sabbath, on Pe nalty of lOJ. for the firft Offence, to be doubled for every following one. To travel to a Meeting not allow'd by Law, is a Profanation of the Sabbath. SAILORS. No Retailer can recover Money of a Sailor, due for ftrong Liquors. SALT. Salt muft be meafured by an Officer in every Maritime Town, who is to have 17 d, per Hogfhead. , SEAL. The Governor or Deputy muft affix the Public Seal to all Commiffions or Public Writings, > without Fee. The Secretary muft write and get it feal'd for i s, SELF-MURDER. All Self-murderers muft be buried in the High-way, with a Load of Stones o» their Grave. SCHOOLS, See Ministers. SHEEP. Any Man may keep what Sheep he pleafes on a Common not ftlnted, belonging to che Town where he lives ; on a Common ftinted, he may ufe bis Share, accounting five Sheep to a Cow. • The feleft Men are to clear the Commons of Bruffi and Wood, and to fet the Fines for putting Rams to the Flock. Whoever molefts Sheep, pays 5 s. and double Damages. ^ -368 APPENDIX. Ntimb. VII. If a Dog kills or hurts Sheep, the Owner muft hang him, or pay double Damages ; if after Warn ing, he muft do both. Sheep muft be waffied, and not putinto dirty or fandy Ground between, thac and fhcering, on Pe nalty of I s. per Sheep. No ffiort Locks or Lumps of Dirt or coarfe Tails to be wound In the Fleeces,^ on Penalty of i s. SHIP. The Owner or Builder of any new Ship muft give, Notice of it to the Governor, or his De puty, or any two Magiftrates before they planki that Officers may view it, on Penalty of lo/. The Surveyors raay caufe bad Materials to be changed ; if the Builder and they differ, two Ship wrights fwearing to be faithful, rauft deterraine it, and be paid by him in Fault. No Healch to be drank on Board any Ship in Harbour, or Gun to be fired after Sun-fet, or on the Sabbath, on Penalty of 20 J. for every Health or Gun. All Ships above 20 Tun, except thofe whofe Owners are Inhabitants, pay half a Pound of Gun powder for every Tun. No Perfons are to trade wich any Ship tiU it comes to Anchor, and under Coramand. SPINNING. AU Hands not employed, are obliged to fpin. The fele&: Men may affefs Families at one fourth, half or whole Spinner, or more. Every whole Spinner is co fpin 3 Pound per Week of Woollen, Coccon or Linen, for 30 Weeks in a Year, on Penalcy of i s. per Pound ffiort. SODOMY. Sodomy is puniffied with Deach; if one of the Parties was forced, or under 14, ftall noe die, bue be feverely puniffied, STRANGERS . Chriftian S trangers. flying from Tyranny and Oppreffion, to be maintained by the Publick till otherwife provided for. 2 Men Numb. VIL APPENDIX. 369 , Men-Strangers upon their Arrival are to give an Account of themfelves. before che Governor, or his DepuCy, or cwo Magiftraces, and co have che BenefiC of, and to be fubjeft to the Laws as well as the In habitants. None to be entertained above three Weeks wieh ouc Licenfe ; if ehe Conftables know ehey are, ehey muft rerurn cheir Names eo che Councy Courc. , _ SPRAYERS, Beafts caken up ftraying .muft be given to tbe Conftable, and cryed chree Times, if worCh 20 J. ac the two nexc Markets or Meeting Houfes. If the Finder gives no Notice In a Month, or re cords noc ehe Goods found in three Months in the County Courc, he forfelcs tbe Value. The Owner may claim in a Year, paying Charges; if no Claim be made, the Goods are half to the Finder, arid half to the Country. If they put not a Whith about the Neck of the Beaft found ftraying for a Month, they lofe the Charges of taking and keeping ; if it be taken off by the Owner, he lofes the "Value to the Finder. No Beaft is to be taken up as ftraying, from the firft of .(^/>r?/ to the 20th of December, unlefs ic cref- pafs in Inclofures, SURETIES: Sureties for Appearance ffiafl not be difcharged till che Principal be furrendrecl, or che Execution fatisfied, unlefs ic be delayed above a Monch afcer Judgmenc. .Goods areached are held till Judgraent Is fatisfied. If .Bond for Appearance is forfeited, the Court proceeds tO Hearing and Judgment, and if the Plaintiff have a Verdift, Judgment Is graneed, and Execution iffued againft Defendants and Sureties. SWEARING. Whoever curfes or fwears, pays 10 J. or fics in che Scocks ; if more than once, the Penalty is doubled. Any Magiftrate may determine chis Caufe, ,VoL. II. , Bb SWINE. ^JQ A P P E N £> I X. Numb. VI SWINE. The feleft Men are to fettie Order to prevent Mifchief by Swine, or to pay 40 s. Satisfaftion is to be made for the Damage they di if the Fences are as the feleft Men ordered. If impounded, and noc owned for three Days, I may give three Days Notice to the two next Town if within five Miles, and fell them by Outcry, < have them appraifed, and keep them. If the Owner appears, he may have the Ove plus afcer Charges and Damages are defrayed. T. TILE-EARTH. Tile-Earth muft be dug b fore November, and turned once a Morith, on Pi nalty of half the Tiles raade of chac Earch. TOBACCO. None to fraoke fo near to a Houf Barn, l^c. as to endanger firing it, on Penalty < 10/. and Damages, if they happen. None to fm.oke in a publick Houfe, fo as to o fend the Mafter or Gueffs, oh Penalty of 2 i. 6d. TOLLING of'CATTLE. All Cattle tolk muft be tolled in the Clerk of the Writs Book, i 3 s. a Head, at the Peril of the Buyer. The Seller enters his Narae with two Voucher who are to make good the Damage, if the Cattc, are challenged. Any one who has loft Cattle, may fearch the To Book without Charge. TOWNSHIP. The Freemen may raake Lav for their Town, except in criminal Cafes, and in pofe Fines under 20 s. and chufe their feleft Mei not exceeding nine. Any Houffiolder aged 24, rated at 8 /. Eftat< having eaken the Oachs to the Government, raa be a feleft Man, Juror or Conftable, though nc ffee, provided the Majority of feledt Men are fo. Every Town raay fine one refufing to ferve i Conftable 5/. the Town of Bofton 10 /. \ N Numb. VII. A P P E N b I Ic. 371 NoCottage or Dwefling-Houfe co be admired co the Privilege of Common, buc by che Town's Con fenc. Conftables rauft ferve tbe Warrants of the feleft Men, and levy their Fines. TREASURERS. The County Treafurer muft keep exaft Accounts, and not make any Payment to any indebted to the Country, without dedufting the Debt, All Fines arifing in County Courts, or ordered by one Magiftrace or Comraiffioner in criminal Cafes, are paid Co him ; the Treafurer is chofen annually by the Freemen, The Secretaries of Courts ffiall have an Account of afl Dues coming to them wichin 14 Days afcer the Court endsj who is to warrarit che Conftable eo levy them wichin a Week, He is to give in his Accounc to the General Court every Year^ and co have i s, per Pound for all Fines, and eo be free from all Races. If he has rioc enough CO defray publick Expence,'^ the Courity Court rauft rate the County for theDe- ficiency; . ' He is to prefent the Naraes. of negligent Confta bles to the County Court, TRYALS. All Tryals are by Bench and Jury, Bnlefs where the Law has ordered it ocherwife. An Offender may challenge any of his jury, wich ihewing Caufe, Children and Ideots to have all reafonable Al lowances, V. , VAGABONDS. Vagabonds are to be carried before the Magiftrate, and correfted^ and fent from Conftable to Conftable, till they come home ; if they won't tell their Home, they go to the Houfe of Correftion. B b 2 VOTES. 372 APPENDIX. Numb. V VOTES. Every Freeman called to vote, rr do it according to his Confcience ; if he js filent, rauft be deemed as a Negative. ' If the Prefident of any Afferably will not puC ( Qiieftion, the Majority raay, and punjffi hira : refufing. USURY. No Man ffiall be adjudged for F( bearance of a Debt above 8 per Cent, per Annum, B: of Exchange excepted. W. WATCHING. The Conftable's Watch beg! the firft df May, and continues till OSober. It rauft confift of able Men, and be ordered the Conftable, unlefs. the feleft Men appoint oihi wife. I All warned upon ehe Watch muft ferve, or p 5 s. excepc remote Farmers, Magiftrates, Deputi( Elders of Churches, Officers of the Councry, Militia,..- ¦. The Watch muft examine all in the Streets afi lo, and fecure them till Morning, if they dot givea good Account, of themfelves. If any are found in Debauchery or Drunkenne t'hey are kept till ehe Law is fatisfied. WEIGHTS and MEASURES. The Treafur muft provide, ae ehe County's Charge, fealed Me fures and brafs Weighes and Scandards. - The Conftable of every Town muft gee a See try by thefe, and fealed by the Treafurer, or his Deput He is to deliver chem co ehe feleft Men ; who a to chufe an Officer to be fworn in the next Couni Courr, to whom all the Inhabitants are to bring the Weights and Meafures eo have them tried ar fealed'the fecond Month In every Year. ' The Conftable, .feleSk Men or Sealer pay 40 s. they negleft their Duty, the Inhabitants 3 s. 4 d. --¦ "ti Numb. VIL APPENDIX. 373 The feleft Men muft appoint one to be fworn for meafuring Corn, Wood or Boards. None are obliged to receive thefe Comraodities, unlefs raeafured by hira. WHARFAGE, Goods are to pay Wharfage according to fettled Rates, only where the Wharfs are made and maincalned. ' Weighty Goods muft be fet on End, or 7 Foot from the Side, on Penalty of double Wharfage, none to lie on the Wharf above 48 Hours, Tbe Wharfinger may take his Wharfage ouc of the Goods, if not otherwife paid. None to eaft Anchor, or do any thing elfe In, or near the Cove at Bofton, that may endanger other Veffels, on Penalcy of 10 J. befides Damages. None to eaft inco tbe Cove any thing to fill it up, or annoy the Inh.ibitants, on Penalty of40 j. WILLS. Wills mufi be recorded in the County Court, or Adminiftration taken out withjn 30 Days after Demife. Whoever enters upon, or embezzels ehe Eftate of the Deceafed, before he" proves and records the Will of the Deceafed, or takes ouc Adminiftration, pays all Debesof the Deceafed, whether Affuits be proved, or not, and 5 /. per Monch, till ehe Will Is proved, or Admlnlftracion caken out. If an Executor refufe to aft, or Friends refufe to adralnifter, the Clerk of the Writs in theTown, notifies Ie co the Councy Court, on Penalcy of 40 s. per Monch, and che Court takes Care of che Efiace. Two Magiftraces wich the Clerk of che Councy may take a Probate of Wills aceefted by ewo Wie- nefleS, or grant Admlriiftratibn, giving Notice of, and recording It in the Jiexe County Courc. The County Courc divides rhe Eftace pf an In- teftaee aindng ehe Wife arid Children ; Daugheers are to be Coheirs, and eldcft Spns to have a double Portion* "'¦ • Bb 3 WITCHES. 374 APPENDIX. NumK VII, .WITCHES. Witches fuffer Death, WITNESSES, None to die but by two Evir dcnces, f^w Voce. Any Magiftrate or Comraiffioner raay take Evi-r dence from one above 14, but it is not good in Court, unlefs the Perfon is prefent to be farther examined., excepc he live above iQ Miles off, or is hindred by fufficient Caufe, He who^ fummons Witneffes muft pay their Charges, 2 s. per Day to thofe three Miles diftant, and who arc to pafs a Ferry, except that between Charles-Town ahd Bofton ; 1 8 J. to ochers. Whoever on ehe Tender of this, refufes to give in Evidence, pays the Party's Damages, Witneffes in Criminal Cafes are paid by the Tregi- furers, and thefe by the Delinquenc$. WOLVES. Whoever kills a Wolf wichin ten Miles of a Plantation, contributing eo the publick Charg,e, has 40.?.; 20 .f. from the Cpunty, 10 i, from the Country, and. 10 s. from the Town. WOOD. Wood brought by Water js affized at • the R.ate of three Lpad per' 4 Ton. Cordwood muft be 8 Foot long, 4 high, and 4 broad, 1647, WORSHIP FALSE, Idolatry is puniffied with Death after legal Conviftion. WRECKS. If any fuffer Shipwreck, whether Friends or Enemies, their Perfons are to be har boured, and their Gopds preferved tUl farther Orders. Whales, pr other fuch Fiffi,'driven on Shore, if they can't be kept, ffiall be iraproved by the Town- ftip, or Owners of the Land where they come on Shore, and an Account ^iyen to the next General Court, WRITS, All Writs, i^c. ate iffued, and pro ceeded upoii in theNarne pf the King or Queeii ojF England. Numb, VIIL APPENDIX. 375 [Numb. VIIL] A Lifl of the Council and General AfTembly of the Province of the Maffachufet-Bay for the Tear 1719. f^EDNESDAY the 27th of il%, be- "" ing the Anniverfary Day appointed by the Royal Charter for chufing His Majefty's Council of this Province ; the Great and General Court or Af ferably elefted the following Gentiemen for the en fuing Year ; and all that were prefent being fworn, took their Places at the Board, having been firft ap, proved by his Excellency. SAMUEL SHUTE, Efq; Governor. MEMBERS of theCOUNCIL. Thofe that have this (*) Mark, are new ones. J^ILLIAM DUMMER, Efq; U G, Samuef Sewall, Efq; Penn Townfend, Efq; John Appleton^ Efq; Nathaniel Byfield, Efq; John Higginfon, Efq; Samuel Patridge, Efq; Edward Bromfield, Efq; Ifaac Winflo-w, Efcj; Nathaniel Paine, Efq; John Cufioing, Efq; B b 4 Nathaniel 376 A P P E N D I X. Nutnb.VIII. Nathaniel Norden, Efq; John Otis.; Efq; John Wheelwright, Efq; William Tailer, Efq; Benjamin Lynde, Elq;- Addington Davenport, Efq; Thomas Hutchinfon, Efq; John Clark, Elq; Samuel Brown, Efq; Thomas Fitch, Efq; Edmund ^incey, Efq; Jonathan Belcher, Efq; Jonathan Dows, Efq; Jofeph Hammond, Efq; Paul Dudley, Efq; * 5(2W«^/ Tl^i^^c^^r, ' Efq; * Charles Froft, Efq; In afl 28. The Members of the Houfe of Reprefentatives for the feveral Towns, are as follow. Thofe that have this (*) Mark, -are new ones. • -r * Eliffi. Cooke, Efq; ^»>». ) M^'iSh^s;' '^^'' ¦ C * Mr. Wifliam Clark Roxbury, William Dudley, £;^; Dorchefter, Major Thomas Tilefton Hingham, Col, Samuel Thaxter Brantrey, * Major John Quincey Dedham, * Captain Sarauel Guild Medfield, Mr. Henry Adams Weymouth, * Mr. John Torrey Milton, Mr. Ephr, Tucker Wrentham, * Mr. Thomas Bacon ^Mendon, Jofiah Chapin,' £/&; Brooklin, — — ¦ • ' Woodliockf Numb. VIIL APPENDIX, 377 Woodftock, * Mr. Samuel Paine Needham, • — , Salem, S f^- Tim. Lindal c C«//, John Gardener /;)>^V^, ^f'^^/- M^^hew Whippfe 'I* Mr. Michael Farley Lynn, Jonn BurnI, Efq; Speaker Newbury, k f^^/; ^^^^f^ ^ent ¦^' ( * Mr. Nathan, Coffin Marblehead, John Cawley, Efq; Andover, * Mr. Nehemiah Abbot Bradford, * Mr. Thoraas Kimbal Beverley, * Mr. Samuel Balch Wenham, Mr. William Rogers Rowley, Mr. Jofeph Jewet Salifbury, Capt. John Wadleigh Haverhill, * John White, Efq; Amefbury, * Mr. Jof Brown Glocefter, Capt. Nathaniel Colt ¦Topfield, * Mr. James Perkins Boxfcrd, Mr. Thomas Peariey Manchefter, —-. Cambridge, * Mr. Andrew Bordraan Charles-Town, \ ?f ^'^, Chambers, Efq; t John Poye, Efq; Watertown, Mr. Samuel Stearns Newton, * Mr. Ebenezar Stone Concord, * Mr. Benjarain Whitteraore Woburn, * Mr. Sarauel Walker Reading, * Mr. John Brown Sudbury, * Mr. Peter Haynes Marlborough, Thomas How, Efq; Maiden, Mr. Jacob Wilfon Chelmsford, * Mr. Stephen Pierce • BiUerica, * Ohver Whiting, Efq; Sherburn, * Mr. William Rider - Grotton, Capt. John Shipfcy lancafter, Mr, John Houghton^ *¦ - 378 A P P E N D I X. Numb. VIIL Pramingham, Jpf Buckminfter, Efqy Medford, * Mr. Thomas Willis Lexington, * Mr. Thomas Blegget Wefton, Francis Fullam, Efq; Stow, T— ' Springfield, Luke Hitchcock, Efq; Northampton, John Stoddard, Efq; Hadley, * Mr. John Naffi Hatfield, Mr. John Dickinfon Suffield, Mr. John Auftin Weftfield, * John Affiley, Efq; Enfield, ' Peerfield, Mr. Thomas Wells Brookfield, * Capt. Thoraas Baker Plymouth, * M". John Fofter Scituate, * Mr. John Barker Bridgwater, Mr. Richard Davenport Marfhfield, Ifaac Little, Efq; Duxbury, * Mr. Sarauel Scaberry Rochefter, Mr. John Hararaond Pembrook, * Capt. Thoraas Barker Plympton, * Mr. Benoni Lucas Middleboraugh, Capt. Jaraes Thompfpn Barnftable, * Jof Lowthorp, EJq'y Eaftham, Mr. John Paine Sandwich, * Mr. John Chipraan Yarmouth, * Mr. John Hedge Harwich^ * Mr. "Wflliara Mirrick ^ruro, * Thoraas Pajne, Efq; Bristol, Capt. Wllliani Thropp Taunton, * Seth Williams, Efq; Dartmouth, Mr. Jonathan Delano Rehoboth, * Mr. Daniel Carpenter J^ittle Compt. Thomas Chinch, Efq; Swanzey, * Mr. Johu Thomas Tiverton, Mr. Gerffio;n Wopdel Attieborough, * Mr. jerera. Whipple Dighton, * Mr, ]p)benez^r Pi;ts Norton^ Numb. IJf. APPENDIX. 37^ Norton, * Mr. Nicholas White ¦ JBarington, * Mr. Zechariah Bicknel Freetown, * Mr. Sarauel Forman Tork, * Abraham Prebble, Efq; Kittery, * Charles Froft, Efq; Wells, Capt. Jofeph Hill Falmouth, * Mr. William Scales Berwick, * Captain Sarauel Plaifted Biddiford, * Mr. Humphrey Scaramon Edgar-Town, Mr. John Nortpn Chilmark, 7 n - nj- 1 rr Tifl^ury, I ^^'" ^^h^^' ^fr- Nantucket, George Bunker, Efq; In afl 103. The Reprefentatives of Hingham and Kittery being chofen of His Majefty's Council, Writs are Iffued forth to eleft two others in cheir Roora, [Numb. IX.] .4 Lift of the Council, General Aflembly, &c. of the Province &f Newhamplhire for the Tear ijzo^. His Excellency SAMUEL SHUTE, Efc^i Governor and Commander in Chief. JOHN WENTWORTH, Efq; Lieueenant Governor, and Coraraander of the Caftle. Members of the Council. CAmuelPenhallow, Efq; Mark Hunkmg, Efq; George Jeffries, Efq; ^hadrack Walton, Efq; Jgjiclwd Waldron, Clerk, Richard Wiburd, Efq; Thomas Wifhbrook, Efq Thomas Parker, Efq; Membera 380 APPENDIX. Numb, IX. Members of the Houfe of Reprefentatives for the feveral Towns, are as follow. ^ r J i Capt. Toffiua Pearce, Speaker. Portfmouth, i Mr. Ephraira Dennee Hamton, Col. Pecer "Weare j^ c Col. James Davifs Vover, I ^^^^_ Thomas Tibbetts „ r Major John Gilman Lxeter, | ^^^^_ -^^^^ Gilman .-T n; t Totham Odiorn, Efq; ^'¦^''fi^'^\ Capt. Dan. Gr^eris Kingston, John Eaftman, Efq; Newington, Mr. John Dam Stretham, Andrew Wiggin, Efq; Gofper,— alias che South Part of the Ide of Shales. Nutfield, A new Town lately fetded by the North Britains. Judges of the Inferior Court. Col. Waldron Col. Walton Col. Davifs Jotliam Odiorn Judges of the Superior Court. Samuel Penhallow, Efq; I George Jeffries Col. Hunking , | Col. Packer Recorder and Treafurer, Sam. Penhallow, Efq; Judge of Probate, Col. Waldron Deputy Judge of the Admiralty,' George Jeffries Collector, Robert Armftrong,' Efq; High Sheriff, Benjamin Gambling, Efq; -Naval Officer, Richard Wiburd, Efqi INDEX. I N D E N. B. The Letters denote the Yolurac, the Figures theV?igt. ^S^^CJDIA de- ^g fcrib'd, ii, 86, A ^^ Taken by Sir S-^r^ William Phips, ._ mM ii. 87, Adventurers in England difcourag'd from Trading with tfie Planters, i. 119, 120, They fell their Shares in the Plantation, i, 121, 122, ^ Affliaed. Vid. Witch crafts, Aldin (Capt, John) his Examination for Witch craft, ii, 153. Efcapes out of the Province, ii. 155. Surrenders himfelf, and is acquitted, ibid. < Alexander, Sachem of the Wompanoags, furprized, and carried Prifoner to Pli mouth, i. 351- America, Conjeftures of learned Men about its firft Inhabitants, i, i. Difcover ed by Columbus, i. 10. Se veral Voyages of the Eng lift) to the* Northern Parts Of it, i. 13. Amidas (Gapt. Philip) his firft Voyage to North Ame rica, i; 13. Anahaptifis feparate from theNew-Englarid Churches, i. 298. Their Sufferings, i. 299, A Law made a- gainfl them, i. 303. A Letter of the Diffenting Mi nifters of London, in their Favour, i. 372. A villainous Contrivance to reniler them odious, i. 374. Charafter of the prefent Anabaptifts of Bofion, ii. 227. Andros {^\r Edmond) Go vernor of New-England, ii. 49. Marches againft the Indians with an Army of IGOO Men, ii. 57. Is depo- fed, and fent Prifoner to England, ii, 60, 61. His Mak- t N D Male-Adminiftration, ii. 6i, 64. , Annapolis Royal defcribed, ii. 209, Surrender'd to the Englift] by thfi Treaty of Utrecht, ii, 210, Antecofta, a defolate I- fland,on which Capt. Rainf- ford' and his Crew being Shipwreck'd, liv'xi a whole Winter, ii. 93. Antimmians, their Rife in N. England, i.182. Their turbulent Behaviour towards the Government, i. 186, 188. They are condemn ed by a Synod, i. 189. And their Leaders banifhed, i. 190. Apology for tbe Behaviour of the Magiftrates oi New- England towards the Qiia kers, i. 341. Affembly General of the Maffachufet Bay , their Number, and Powers, ii. 243, 444. Avery (Rev. Mr. ) loft by Shipwreclc, i, 163, B. Bancroft (Archbifhop) his Conduft towards the Puritans, i, 74. Baptifm, Determinations cf a Synod about the Sub jefts of it, i. 353, 354. BarroUo {Henry^) his Ac count of the Sufferings of the Brownifis, i. 66. Sis Sufferings and Death, i. 70. Bafiwick (Dr.) his Suf ferings, i. 167. E X. Bay of the MaffachUfdt defcrib'd, ii. 215. OfBoJi^i ii. 224. Beafts of New-England^ an Account of fome of them, ii. 202. Bellamont (Earl of) Go^ vernor of New-England, ii. 190. But refides at New Tork, ii. 191, Belling'hafn{M.r.Rich,)his Death and Charafter, i. 390. Bible tranflated into the Indian Tongue, i. 25 8. Biftjop {Bridget) her Try al for Witchcraft, ii. 134. Her Death and CharafteCj ii. 142. BoJion built, i. 150, Its Situation, ii. 2^3. Defcrib'dj ii. 225. Number of Inha-i bitants in it, ii. 226. And of Churches, ii. 227. Bradford {U.r. William}, chofen Governor of P//- 7muth Colony, i. 99, His Death and'Charaftjer, i.316. Bradftreet (Mr, Simon) fent Agent to the Court of England, i, 350. His Death and Charafter, ii, 186. Brew iter (Mr. PVilliam\ puts himfelf at the Head of the firft Colony for New^ England, i. 85, His Death and CharafteF, i. 231- Brifiol {New) defcribed* ii. 232. Brown {Robert) his Life and Charafter, i. 61. Brownijisi their Opini ons, i. 64. Their Sufferings, j. 66, I N D i. 66. Several of them re move to Holland, i. 73. Bulkly (Mr. Peter) his Death and Charafter, i.321. , Burroughs (Reverend Mr. George)h\s Trial for Witch craft, ii, 130. His dying Be haviour, ii, 144. Burton (Mr.) his SufFer- ii^s, i. 167. C. Cabot (Sibaffian) firft difcovers the northern Con tinent o( America, i. 13. Cambridge {N.E.) defcrib ed; ii. 218. The Univerfity, 1,199,201,390,391. ii,2i8. Canada defcribed, ii. 87. Sir William Phips's unfor tunate Expedition againft it, ii, 88. Another Expedi tion, ii, 241. Canae (Indian) defcrib'd, i, 26, Canonicus, Sachem of the Narrhaganfets defies the Englift), i. 102. Canens and Conjlitutions of the Church of New-Eng land, ii, 307. Cap£ Breton yielded to the French, ii. 210. Carrier {Martha)exec\it- ed for Witchcraft, ii. 141, 147. Carver (Mr. John) firft Governoi oi Plimouth, i. 90, His Death and Charafter, i, 99. Cafca furpriz'd by the Indians, ii. 94' E X. Caffle Ifland with theFert defcrib'd, ii, 223, Catechifm Abftraft of a Popifh one for the Indiansi i. 284. Cattle (neat) firft brought into New-England, i, 117. Charles Town defcribed, ii. 221. Charter for Plimouth ob tain'd by Mr. WinftoW, i. 115, 116. Charter of the Maffachufet Bay, ii. 258, Charters of the feveral Pro vinces taken from them, ii. 44, 45, The Maffachufet Agents follicit the Reftora tion of theirs, ii, 102, They obtain a new one, ii. 104. 7"l>e old and new Charter compared, ii. 105, 106, Chauncey(Rev.Mr.Char. ) his Death and Charafter, i. 387, is'c. China, fome Parts of J- merica peopled from thence, i. 8. Reafons for it, i, 9. Chrift ifan {IVenlock) con- demn'd for Quakerifm, but pardoned, i. 333. Chub (Capt) Governor of Pemmaquid Fort, ii. 179, Surrenders it to the French, ii. 180. Church the Method of the firft Planters forming one, i. 141. Their Church Co venant, ibid. Of their Ad miffion of Members, i. 143. The Number of Churches in Bofton, ii, 227. CMrch Difcipline. The Platform abridged, ii. 294, Wlierein I N D E X, Wherein the prefent Clergy differ from it, i. 293, 294. .Cod (Cape) defcribed, i. 16, College {Harvard) its Foundation, i, 199. Its Li brary, i. 202. The Method of Education, and of taking Degrees, i. 204, 205. The Duty of the Prefident and Fellows, i. 203, 204. New College built, i. 391. The prefent State of the College, ii. 219. Order of the Ge neral Court about it, ii. 256. Appendix to the Charter, ii. 289. Aft for the Perpetu ating and Advancement of it, ii. 290. Colony. Vid. Planters. TheRife of the firiiP limouth Colony, i. 80, i3'c. Their Voyage to N. England., i. 87. The firft Colony of the Maffachufet Bay, i. 136, Tbe "fecond Colony, i. 147. Their Hardfhips, i, 149. Columbus, his Voyage to America, i. 10. Confederapon, krncXts of, between the four grand Set tlements of New-England, i. 223, Confeffion of Faith of Po- nampam an Indian Convert, i. 256. 5flwy Confeffion ap proved by \.he N(W- England Synod, ii. 40. Confeffion of a Wizard, ii. 158. Conyegat'ional Principles, i. 76. Their Platfofm of Difcipline, ii. 294. Conneiiicut, the firft Set tlement, i. 164- The Hard fhips they fufFer'd the firft Winter, 1.1,64,165. United with Newhaven, i, 359, Defcription of both Colonies, ii, 235. Corn {Indian) the Man ner of planting it, ii. 198. Cory {Giles) prefs'd to Death, ii, 151, His Wife executed for Witchcraft, ii. 150. Cotton . (Rev. Mr. John) arrives m New- England, .'i, 154. Chofen Affiftant at Bofton, ibid. Is ill treated hy the Antinomi ans, i. 183. His Death and Charafter, i. 305- Covenant (Church) of the' firft Planters, i. 141. Of the converted Indians,]. 2^^. Council of New-England, their Powers, ii, 242. Cradock (Mr.) firft. Go vernor of the Majfachujet Colony, i. 139. Crofs in the Banner, its Lawfulnefs difputed, i. 159. Cud-worth (Capt. James) his Letter concerning the Government's Proceedings againft the Quakers, i. 336. Cufioms and Manners oi New-England, ii. 252, D. Davenport (Capt,) killed by Lightning, i. 364. Davenport (Rev. Mr. John) his D^ath and Cha rafter, i. 386, Declaration I N D Declaration of 'the Gen- lemen at Bofton at the Head )f the Revolution, ii. 62, D eerfteld Fighi, ii, u, D^rees conferr'd by the College, i, 205. Dennis {William) exe- :uted for Brownifm, i. 7 i . Diamond {John) tortur'd to Death by the Indians, ii. II.3-. Difcipline (vid.) Church. Dudley {Tho.) E^q; Sen. his Death and Charafter, i. 308. Dudley (Jun.) Go- l^ernor of New-England, ii. 48. Dummer (Mr. Shubael) (hot dead at his own Door, ii. IIO. Dunftan (Hannah) her Bravery, ii. 182,, 183. Dunffar{MT. Henry)Fre- fident of Harvard College, refigns, i. 308. E. Earthquakes in N. Eng land, i. 198, 357. Eaflham built, i. 232. Eaffy {Mary) executed for Witchcraft, ii. 142. Her moving Letter to the Court, ii. 148. Eaton {Theoph.)his Death and Charafter, i. 318. Eliot (Rev. Mr.John) ar rives in N.England, i. 151. Attempts the Converfion of the Indians, i. 242. His great Labours in the Mif fionary Work, i. 249, 258. His Death and Charafter, ii. 98. Vol.. IL E X.- Endicott (Mr.) fent to N. England to prepare a Set tlement for the Maffachufet Planters, i. 139. His Death and Charafter, i. 364. Englifh (vid. Colony and Planters ) three Englift} hang'd for the Murder of one Indian, i, 197, 198. Their Wars with the In dians (vid. War.) The Number of Englift} in New- England, and their Military Strength, ii, 238. Their Trade, ii. 244. Religion, ii. 247. Cuftoms and Man- ners,ii. 252-. Their Loyalty, ii. 255, F. Fenwick (Mr,) arrives in New-England, and builds Say-Brook Fort, i, 165, 166. Fire in the new Settle ment at Plimouth, i, 118. Fift} of New-England, fome Account of, ii. 207. Fowls of New-England, ii, 201. French m&'ke'Wzr againfl N. England, ii. ^3. Supply the Indians with Warlike Stores, ii, 175. Take and demolifh Fort William- Henry, n. 180. A Squadron of French Men of War a- larm the Coaft, ii. 184. Are included in the Peace of Ryfwick, ii. 188. G. Gardiner (Sir Chriftoph.) his Storyi i. 151, 152. C c Coed INDEX. Good {Sarah) executed for Wftchcraft, ii. 142. Gorges (Capt.) fettles in the Maffachufet ^ay, i. 113, 114. But breaks up, i. 114, Gorton {Sam.) his Story, i. 196. Gofnold (Capt. Barthol.) his Voyage to North Ame rica, i. 15, Gofpel., (vid.) Society.' Government oi New-Eng land, the Revolution of it, ii, 59. The Alterations it underwent by the ne-w Charter, ii. 105. The Civil Government at prefent, ii, 242, Grave, Defcription of an Indian Grave, i. 30, Greenfmith (Mrs.) exe cuted for Witchcraft,i.357. Greenville (Sir Rich.) his Voyage to North America, i. 14. Greenwood {Mr,) hisSuf- ferrings and Death, j. 70. Grievances of the People of N. England under the Adminiftration Of Sir Wil liam Andros, ii, 62. H. HampJhlre,New, planted, i. 170. Defcribed, ii. 210. Harvard College, (vid.) College. Hiaccomes, an Indian Convert, liis Courage and Conftancy in the Chriftian Faith, i. 252, 263, 267. . Higginfon { Rev. Mr, Francis) arrives in Newr England, i, 140, His Death and Charafter, i. 145. Hingham, the Commo tions there, i. 233. Hoar (Dr, Leonard) Pre fident of Harvard College, refigns, i. 390. Hobamock , an Indian, comes to live among the 'Englift), i.' 100. Hobamocko , an Indian Deity, i. 35, Hollis (Mr, Thoma.i) his Benefaftions to Harvard College, ii, 220, 221. Hooker (Rev. Mr. r^ff.) his Death and Charafter, i. 289. Hopkins{Edw.) his Death and Charafter, i. 319. Hum-Bird defcribed, ii. 201. Hunt (Capt.) his Trea chery to the /«^/'««i-, i. 20. Hutchinfon (Mrs.) hef. fingular Opinions, i. 183. Occafions a Faftion in the State,!, 184. Her Examina tion and Behaviour before the Magiftrates, i, 192,193. She is banifhed,!, 193. And retiring to Hebgate, is mur der'd -with her whole Fa mily hy the Indians,]. 194, I. Jacobs {George) Sen. exe cuted for Witchcraft by the Evidence of his Grand- Daughter, ii, 145, She re cants, ii, 146. Jame^ I N James I. ICing of Eng land, his Behaviour towards the Puritans, i. 73. Japan, America peopled from thence, i. 8. Impropriations, the buy ing them fupprefs'd by Abp. Laud, and the Money ad judged to the King, i. T33. ' Independanis, their Prin ciples, i. 76. Their Platform of Difcipline, ii. 294. Their Manner of gathering Churches, i. 141. Their Church Covenant, ihid. Their antient Manner of admitting Members into their Churches , i. 143. Their prefent Method, i, 294, ii. 227. Indians defcribed, i. 24. Their Drefs, i. r6, tj, 96, 97. Their Difpofition and Way of living, i. 25. Their Houfes, Food, the Difeafes that are moft fatal to them ; their Method of curing the Sick, i. 27, 28, 29. Their Funerals, i. 30. Their Mournings, i, 31. Their Reverence to old Age, i. 32. Their Divifion of Time, ib. Tiieir Religion, i. 33. Their Deities, i. 35. Their Pou- fia^ws, or Priefts, i, 38. Their Marriages , i. 41. Their Civil Conftitution, i. 42, Their Language, i, 47. Their Manner cf fa- luting the Englift}. i. 106. Commotions among them, i. 288. They make War with the Englift), i. 173. ii D E. X. 253. The Weftern Indians fubdued, ii. 29. ,The Eaft ern Indians fupported by the French, ii, 175. They make Peace, ii. 188. Four of their Kings come to Eng land, ii. 240. Their Speech to the Queen, ibid. Indian Converts. The Hiftory of their Converfion, i. 240. A Body of them beingcivilized, build aTown, i. 245, 247. They make- Laws for themfelves, i. 245, 248. Their Form of Go vernment, i. 154. A Con feffion of Faith of one of them, i. 256. Thev are ga thered into a Chriftian Church, i. 258. An Ab ftraft of two of their Ser mons, i. 259, 260. Dr. In creafe Mather's Letter to ProfefTor Leufden about them, i. 269. Their Hif tory contihued to the prefent Time, i.273. Their Vices, i. 277. Their Fidelity to the linglifl} in their War with Philip, ii. 30. Inhabitants {Englift}) of N. England, their Numbers and Military Strength, ii, 238, Their Trade, ii, 244, Religion, ii. 247. Cuftoms and Manners, ii. 252. Their Political Interefts, ii. 253, And Loyalty, ii, 255, K. Kichtan, an Indian Dei ty, i. 35- C c 2 Lad IND L. Lad {Mr. Tho.) profe cuted for being prefent at the Repetition of Sermons in his own Lodgings, i. 74. Lathrop ( Capt. ) killed -with his whole Party, ii. iI. Laud { Abp. ) Innova tions in, the Church in his Time, i. 132. His Severity againft the Puritans, i. 133, 167. LaWs oi the Indians when civilized, i. 245, 248. Laws againft the Anabap'tifts, i, 303. Laws againft the Qua kers, i. 313, 324, 325. Laws of the Country a- bridg'd, ii. 321, Ledflra {tVill.) executed for Qi-iakerifm, i. 332. Lee (Rev. Mr. Sam.) ^\es to N. England, and dies in his Return, ii. 48. Leighton( .Alexander D.D.) his Suflerings, i. 133. Lenthal (Mr.) recants his Oppofition to the Ni Eng land DiicipVme, i. 195,196. Leverett(John) his Death - and Charafter, ii. 32. Liberty of Confcience , t he prefent Magiftrates and Mi nifters of N. England for it, ii. 249, Library at Cambridge {N. £.)an Account of it, 1. 202. ji. 220, 221. Long - Iftand defcribed, with its fiift Inhabitants, I. ic8o E X. Loyalty oi the N, Englift}, ii. 255, Lyfdrd, his feditious Prac tices againft the fijft Plan ters, i. 117. He is banifh'cl, i. 118. M, Main (Province of) firft peopled, i, 170, Defcribed, ii, 214, Maquas, K. Philip at tempts to engage them a- gainft the Englift}, ii, 18, They ruin his Affairs, ibid. Some of their Princes come 'mto England, il. 24.0. Martha's Vineyard (alias Capawock)p\antedanditttled,i. 2ig. The Natives con verted by Mr. Mayhew, i. 262. Martin { Suj.'inna) her Trial for Witchcraft, ii.^ 38, Maffachufei-Bay, deriva-; tion of the Name, ii. 215, Capt. Standijh trades with t.f.e Indians in the Bay, i. 103, 104, Several unfuc- cefaful Attempts to make Settlements,!. 104,1 13,124. The rife of the prefent Set tlement, i. 136, Abftraft of tbeir Charter, /^/V, Their Charter at large, ii. 258. Voyage of the firft Colony";- their Strength and Numbers, i. 140. The Province de fcribed, ii. 216. Lift of the Council andGeneral AfTem bly for 17 19, ii. 375. lalTakiet I N D Maffafoiet (an Indian Prince) defcribed, i, 97, Entertain'd by the Gover rior oi Plimouth, ibid. Makes an Alliance with them,i. 98, Entertains Mr, Winftow?inA Hopkins at his Court, i, 100, Falls fick and recovers by Mr, Winftow's Medicines, i, 108, 109. His Gratitude, i. 109. • Mather {^e\. Mr. 'Rich.) fettles at Dorchefter, i. 163. His Death and Charafter, >• 384. 385- Mather (Increafe,'D, D.) his Letter to Dr. Leufden, concerning the Converfion of the Indians, i. 269, Chofe Reftor of Harvard College, ii, 42. And created Dr, of Divinity, ii. 115. Mather (Cotton, D, Dj publifhes the Trials of the Witches by Command of the Governor, ii. 129. His Account of the Circum flances of the affiiSied Per fons, ii. 126. Remarks on his Trials, ii. 141. Acknow ledges things were carried too far, ii. 167, He de clares againft all forts of Per fecution for Confcience fake, i. 348, ii, 256. His Ac count of the Sufferings of the Quakers, i, 382, Mayhew (Mr. Tho,) Sen. obtains a Grant of Mar tha's Vineyard, i. 219. Affifts his Son in converting the Natives, i. 267, o E X. Mayhew (Rev, Mr. Tho,) Jun. his Succefs in convert ing the Indians, i. 262, His Method of Inftruftion, i. 266, His Death and Cha rafter, i, 266, 267, Mayhew (Experience) his Travels among the Indians, i, 274 to 277. Merrimack River defcrib ed, !i, 217. Meteor in New England, >-.367- Minifters. A Lift of fuch who being filenced by Abp. iaH<5?, fettled in New- England before the Year 1640, i. 214. A Lift of thofe who came over after the Uniformity Aft in 1662, i. 356, Diffenting Mini fters oi London, their Letter in favour of the Anabaptifts, i, 372. Another in favour of the fakers, i, 379, Their Method of Ordination in N. England, ii. 250. Miftick Fort taken by the Englift), i. 177, Mitark, Prince of the Gayhead, his Death and Charafter, ii. 42. Mitchel {^ev Mr. Jona than) his Death and Cha rafter, i. 370. Money, New-EngUJh, its Valu.e, i. 247. Indian Mo ney, i. 45. Moofe, an Indian Beaftj defcribed, ii. 203. Morton (Mr.) his Villai ny, i. 124. Inftrufts the In- C c 3 diant .INDEX, dians in the ufe of Fire- Arms, i. 125. Taken Pri foner by Capt. Standift}, and fent to England, ihid. N, Narrhaganfets, their mari ner of declaring War, i. 102. They join the Englift} a» gainft the Pequots, i. 176. They break with the Eng lift}, ii. 12. Their chief Fort taken by Sterm, ii. 13, 14. Natick,an Indian Tbwn, defcrib'd, i. 253. Naiiohs^ames, of feveral European Nations in Arne- rica, !. 6. Nanies of the Indian Natitns before the Ehglift} took PoflelEon of it, i. 22, 23. Neui-England, its Name, i. 19, Indian Natives, i, 22. Sitiiation, ii. 192. Climate, ii. 193. Soil, !i. 194. Lakes and Rivers, ii. 195. Produft, ii. ig6. De fcription of the feveral Counties, and moft confi derable Towns, ii, 208, Its prefent Inhabitants, ii, 238. Their Civil Govern ment, ii. 242. Their Trade, ii. 244. Religion, ii. 247. Cuftoms and Manners, ii. 252. Political Intterefts, ii. 253. Loyalty, ii. 255. Canons and Conftitutions of its Church, ii. 307, A- bridgment of its Laws, ii. ¦324. Lifts of the Council and General AfTembly, ii, 375,379- New Hampjhire defcrib ed, ii. 210. Lift of the Council, General AiTemblj',' &c, for 1 7 20, ii. 379. Newhaven Settlement, i, 169. Unites with C5««^(S/- cut, i. 359. The County defcribed, ii. 236. Newman {Rev.Mr, Sam.) his Death and Charafter, i. 359- New Scotland (vid.) Aca dia, New Tork taken from the Dutch, i. 361. Northern^ Nations pafs into America, i. -4. Arid when, i. 8. Norton (Rev. Mr. John) his Death and Charafter, '¦ 357- Nurfe [Rebecca) execute'd for Witchcraft, ii. 142, 143. O. Odkes [Urian) his Death and Chara:fter, ii. 41. Oldham, his feditious Praftices, i. 117. Runs the Gauntlet, and is banifh'd, i. 118. His Death, i. 167. Owen (John) D. D. fhifis his Effefts for N. England, but is ftopt by the Court, 1. 356. Patridge I N D E X. P. Patridge[Rcv.Mr, Ralph) his Death and Charafter, i. 320. Peace Articles between the Englift} and Indians, ii, 120, 189, Peirce {lVilliam)hisTiesi-' thery againft the Colony, i, US- Peirce { Capt. ) cut to Pieces by the Indians, with his whole Party, ii. i6. PemmaquidYort defcrib ed, ii. 118. Taken by the French and demolifhed, ii. 180, Penry (Rev.Mr. J«Ak) his Sufferings and Death, i. 68. Pequots difturb the Con- neaicul Planter^, i, 166, Their Situation, i, 173. Their War with the Eng- hfl), i. 174. They are dif- pers'd, and their Territory annex'd to the Englift) Set^ tlement, i. 18 1, 182. Phienicians,-^hexhex they fail'd into America, i. 2. >' PhiUp, Prince of the Wom panoags, renews bis Alliance with the Englift), i. 352, 387. The Rife of th.e War between him and the Eng lift), ii. I. He begins Afts of Hoftility, ii. 4- He is befieg'd, but efcapes by a Stratagem, ii. 7» ^- .• ^'^ Followers defert him, ii. I9- His Death and Charafter, ii. 23. ' Phips {SWfFilliam) finds a rich Spanifl) Wreck, ii. 50, 51. Petitions K. yawall. for reftoring his Country's Ch-,jrter|, ii. ,57. His un fortunate Expedition to Ca nada, !i. 88, He is made Governor of N. England, !i, 108. His Death and Charafter, ii. 173. Planiations {N. England) their Equity, i. 171. Planters. From whence the Firft Planters came, i, 83. Their Voyage to N England, i. 87. They en ter into Society, i. 88. And look ouit for a Pljce of Set tlement, i. 96. Thtey fkir- mifh with the Indians, u 92, 93. And fix at Pa- tuxet Bay, i. 94. Their Hardfhips, i. 95; They pallifado their Town, u 102, A Famine among fhem, i. 1O4, 113- Their Numbers before the Year 1640, i. 213. Plimouth {New) built, i. 94,95. In danger of being burnt, !. 118. A Defcrip tion of the Town, as it was in the Year 1624, i. 119. Divifion of Land to each Inhabitant, i. 126. The Country defcribed, ii. 230. Pocaffet, Queen, drown ed, ii- 22. Powaws, (or Indian. Priefts) their Charafter and Art, i. 38. Incantations over the Sick, i. lOg, 252. Averlion IND Averfion to the Chriftian Religion, a. 252, 265. Prince' (-Mr. Tho. ) his Death and Charafter, i. 392. Prifoners. The Indians Cruelty to their Englift} Prifoners, ii. 82, 83. Proiier {John) executed for Witchcraft, ii. 145. His Letter to the Minifters of Bofton, ii. 162. Proteftants, foreign, their Difpofition with Relation to the Civil Wars of Eng land, i. 238. • Providence and Warwick Plantations, ii, 233. The Manners of the Inhabitants, ii. 234. Prynne (Mr.) his Suffer ings, i, 167, Pfalms. New - England Vernon, by whom com pofed, i, 207. Puritans, their Origi nal, i. 50. Their Sufferings, i. 53, Many of their Mi nifters deprived, i. 57,73. Interceffions for them with out Effeft, i. 57. Their Expeftations ' from K, Jamesl. fruftrated, i. 72. Their Sufferings under Abp. Laud, i. 132, 167. Are prohibited going out of the Kingdom, i. 168. Pyr^j^w' executed at Bo- ftin, i. 39J. E X. Q: ^aboag, the Englifh routed there, ii. 9. fakers, their Rife, i. 310. Penal Laws againft them, i. 312, 313, 315, 322, 323,324,325. Their Syfferings and Behaviour under them, i. 321, 322.: Put to Death, i. 327. The Government's Apology for themfelves, i. 329, 346. A ftop put totheirSufferings, i. 334. Reafons of the Go vernment's Severity towards them, i. 341. The Qua kers complaint to King Charles II, i. 376. And to the Diffenting Minifters at London, who write to New England in their Favour, i. 378, 379, The prefent State of their Cafe, i, 382, Quebec defcribed, ii. 8S. Sir William Phips's Expe dition againft it, ibid. R. Raleigh { Sir Walter ) firft forms the Projeft of a Settlement in North- Ame rica, i. 13. Rattle-Snake. See Snake, Rehoboth defcribed, ii. 232. Religion of the firft Plan ters, i. 128. The State of Religion in England under the I N D , the Adminiftration of Abp. Laud, i. 132, 167, The Religion of the prefent Inhabitants, of A^,£,ii. 247, Revolution of the Go vernment of N. England, ii, 5g. Rhode Iftand deicrihei, i. 195. ii. 233. Planted by Antimmians, i. 194. ii 233. Robinfon [Rev. Mr.John) fettles at Leyden, 1, 76. His Congregation refolve to re move to fome Part of Ame rica, i. 81, 82, They fend Agents into England to prepare for their Voyage, ibid.^ Mr. Robinfon's Fare wel Difcourfe to the Plan ters, i. 83, 84, His Death and Charafter, i. 122. Robinfon {William) exe cuted for Qyalcerifin, i, 327, 328, Rogers (Rob.) tortured to Deach by the Indians, ii, 82. S. Sachems (Indian) their Power, i, 42, Their Aver fion to the Chriftian Reli gion, i. 250. Salem defcribed, ii. 217. Samnfet (an Indian) wel- conijs the Englijh to Ame rica, i, 95, His Drefs and Entertainment, i. 95, 96. Savages, their Drefs,i.i6. Vid. Indians. Savoy Confeffion of Faith appro v'd by a N. Englift} Synod, ii. 40. E X. Saufaman { John ) his Death, and the Executioa of his Murderers, ii. 3, 4. Say and Seal (Lord) his Title to the Lands about Conrieliicut River, i., i66. Scythians defcribed, i. 5, 7. They pafs into America, i. 4. _ Separation from the Church oi England , Its Rife, i. 54. Sheppard {Rev.Mr.Tho.) his Death and Charafter, i. 296. Skelton (Rev. Mr.) ar rives in New-England, i. 140. His Death, i. 157, Small-Pox fatal to the Indians, i. 156. Smith (Capt.) his Voyage to N. England, i. ig. Snake, Rattle, defcribed, ii. 2o6, Society ior propagating tbe Gofpel in N. England, their Conftitution, i. 278, 279. A Lift of the origi nal and prefent Membeis, i, 280, 282. Their Eftate and^ Method of difpofing of their Revenues, i. 279,281. Of the Society for propa gating the Gofpel accord ing to the Manner of the Cbnrchoi England, ii. 348, Squanto (an Indian) joins the Englijh, i. 97, 98. His fnam Plot, i. 103. His Death and Charafter, i. 107. Standijh (Capt.) reduces Coubatant wifh 14 Men, and INDEX. snd the neighbouring Sa.. chems, i. 1 01. His Death and Charafter, i. 310. Stevenftn (Marmaduke) executed for Q^iakerifm, i. 327- Stone (Capt.) murdered by the Indians, i. 157. Stoughton (Deputy Go vernor) profecutes the War againft the Indians, ii. 174. ^Students, their fevpral CiaiTes and Degrees, i. 204, Synods, their Nature, ac cording to the Indepen- dants, i. 187. The firft Synod of iV. England,!. 18S. TI;e fecond, i. 291. Tartars pafs into Ameri ca, i. 4, 6. Thacher (Mr.) preferved fr^m Shipwreck, i. 163. H:s Death, i. 384. Trade oiN, England, ii. 244. /Va« concluded between the Englijh and Indians, ii. 98. ¦ . V. Fane (Sir. Henry) J-jn. Governor of the Alaffac'bu- fet Bay, i, 161. Kis Cha rafter and Death, i. 162. 'Udall (Mr.) his Suff'er ings and Death, i. 68. - Virginia, its Name and antient Extent, i. 14. Plant ed, i. 17. A MafTacre there, i. 105, 221. Uniformity, a Lift of Mi nifters that fettled in A''. England after its taking place, i. 356, , Union oi tbe four grand Settlements of New-Eng land, i. 223. t/«/W Minifters, former ly called Presbyterian and Congregational, Heads of Agreement affented to by them, ii, 313. W. Wardwell (Samuel) exe cuted for Witchcraft, ii. 148. Wars, C'lvi], oi England, their Rife, i. 238. They hinder the Growth of the Plantations, i. 210, War with the Pequots, i; 173, i^c. With Philip, ii, I, 4. With the Eafirern Indians, ii. 29, 535-78, 80. Wells befieged, ii, 108, 109. Wequajh (an Indian Con vert) his Death, i. 178. Wcjlon (iVlr.) attempts a Settlement in the Maffa- chv.fet Bay, i. 104. Jfs re duced to Mifery, i. 107, 108. Relieved by Capt. Standift, but breaks up, i. IIO, 112. His further Misfortunes and Death, i. 112, 114. Wheelwright, (Rev, Mr.) his feditious Sermon, i. 186. He is banifhed, i. igo. Wheel- I N D Wheelwright Pond, the Englijh defeated there, ii, ;96, Whitgift (Abp.) his Se verity towards the Puri tans, i. 56.' The Lord Treafurer's Opinion of his Conduft, i. 58. His Death and Charafter, i. 72, 73. Willard [fohn) executed for Witchcraft, ii. 145. Williams {Mr. Roger) his Charafter, i. 158, His fin gular Opinions, ihid. Sepa rates from the New-EngUfl) Churches, and is banifh'd, i. 159, William-Henry Fort de fcribed, ii. 118. Taken and demolifhed, ii. 180. Wilfon (Rev. Mr. John) arrives in N. England, i. 148. His Death and Cha rafter, i. 365. Winftow {Edward) goes on an Embaffy to Majfa foiet, i. 99. His Reception, i. 100. His Death and Cha rafter, i. 309, Winftow { Jofiah ) his Death and Charafter, ii. 41. Winthorp { John ) Sen. Governor cf Maffachufet ¦ Bay,'i. 146. His Speech occafioned by the Coramo- ' ^ions at Hingham, i. 236. E X. His Death and Charafter, i. 294, 295. Winthorp (John) Jun. his Death and Charafter, ii. 31. Witchcrafts, their Rife in' New-England, 'I'l. 124. Cir-i cumftances of the AffliJle: ', ii. 126. Trials of fever.ji of the Accufed, ii. 130. Tii^ Number of thofe \vho ¦.ere executed, with their dying Behaviour, ii. 141, 142. Several of the Accufed make their Efcape, ii. 152. Af-- flifted -Perfons fent for to j^?7^(j^;^rtodifcover Witches, ii. 156. They over aft their Part, which opens the Peoples Eyes, ii. 157. Re cantation of the confeffing Witches, ii. 160. Confef fions extorted, !i. 162. Re cantation of- the Jury and others, ii. 165. Wren (Bifhop of Ely) bis Severity againft the Puri tans, i. 135.' Tork (New) taken from the Dutch, i. 361. The Town of Tork furprized, and taken by the Indians, ii. IIO. FINIS. is fH u\ ,>&: Hi rO(,i\t^P S ]'Am X' *' "refj> 14^ s: , > if,4lh^