Nathaniel Bradstreet Shurtleff.

Records of the governor and company of the Massachusetts bay in New England : Printed by order of the legislature online

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' ' council, which argues either an vureasonable jealousy & distrust of his majes-

May session. .-,, ,,.,.,

ty so often repeated graces & favours intended towards nis subjects heere, or

that his maj'y is not a competent interpreter of yo"^ charter.

Declaring that His majesty sent vs w*'' coinlssion to sit as a Court of Appeales in these

fs'to°sit"Ta'^ ^^^ majestjes dominions ; but wee are told that the inviolable observation of yo'

Court of Ap- charter seemes inconsistent w"' our hearing & determining complaints &

peales heere,

&-C. appeales.

Their question Whercvpon wee haue thought it necessary to reduce all the discourse

w'her y» Court , . . . , . . , . ,

submits to y"' hereof into one question, wherevnto wee expect your possitive answer, wnicn.
conussion. ^^^ g^^g^j^ faithfully report to his majesty : Whither doe yow acknowledge his

majestjes comission, wherein wee are nominated comissioners, to be of full

force to all the intents & purposes«therein conteyned ?

EICHAKD NICOLLS,
ROBERT CARR,
GEORGE CARTWRIGHT,
SAMUELL MAUERICKE.

To the Generall Court of his majestjes colony of the Massachusetts.

Comissioners
reply to y«

Courts ans"-, Comissioners reply to y" Courts ans'' No. 9.

No. 9,wondrin5 /-i .i

. . , , = Gentlemen : —

yt y.y already

yir endeavors Wee wonder this Court should alleadge their applications to the king to

to sattisfy y« «, • .... . .

king. proove their endeavors to sattisfy his majestjes most just expectation, since his

i^"'™'l^n"'"*" majesty, in his letter dated Aprill 23, 1664, speaking of one of your applica-
sajes he is not tioiis in aiiswer to his letter of June 38, 1662, hath these words, of w'^'' we

satisfied w'h ' ^

their appiica- shall only Say that the same did not answer our expectations, nor the pro-
fessions made by your messengers : but wee make no doubt but that when

still expects

sattisfaction our coiiiissioners shall conferr at large with yow vpon those particculars, you

on coiiferenc mi • • i» • ■ n

w'h his coiTiis- '^il^ gi'^e VS satisfaction m all wee looke for at you.r hands, which is nothing
sioners, & in |^^^^ what jo^ charter obleigeth yow to, & w"='' is most necessarv for the sunnort

no more y«n yi •' a j ' j i-'f"'- "

charter en- of our gouernmeut there ; & in another of your applications yow were so farr

jojnes, (if y® « , . ... . . . _

king may be "'o^ endeavoring to give his majestje satisfaction in observing those things he
judge,) as they enjoyns, & which, by your charter, yow ought to obserue, (if yow will allow
Vrging y« lord him to be judge,) that yow complajne of his majestje for enjoyning them ; and
Secret Morris ^°^ *^® coffiission by which he hath sent vs to you, as appeares by M"^ Secretary
this sence of Morris liis letter dated February 25'", 1664, & by a letter from my lord chan-

Courts api^lica- ''

tion.&c. cello^ dated March the 15*^^ 1664, which says thus : I finde, by an addi-esse



THE MASSACHUSETTS BAY IN NEW ENGLAND. 205

wee haue lately receaved from Boston, that the Gouerno'' & council there are ] 6 (i 5.
not at all pleased with your coiiiission, & that they will needs beleiue all there ' "' '
priviledges are to be destroyed ; but I suppose they are better informed since, , ^^ s'^ssion.
& that the answer they haue receaued from the king to their addresse will prizing y"

, . , . _ - _ kings favor, re

dispose them to better temper, low prof esse you highly prise the kings fuse to doe w'y
favo^ & the offending him shall neuer be imputed to you ; & yet, in the same ^^"^ requ'ies-

Curtayling the

paper, vow refuse to doe what the king requires should be donne. That all oath of alle-
that come into this colony to dwell should take the oath of allegiance here, ^^'""'' ^"'

_ _ ° Its yo' duty to

yo"" charter comands it ; yet you make provisoes not there exprest, and, administer jus-
in short, would curtajle the oath as you doe allegeance, refusing to obey the name" &E.
king. It is your duty to administer justice in the kings name ; & the king * y<^^ '^'U "<><■

crjjjg him Isnuc

acknowledgeth, in his letter of Aprill 23'^, that it is his duty to see justice be by vs to exam-
administered by yow to his subjects there ; & yet you will not give him leaue ™^ J'^'J"^'"^^
to examine it by ys. &«•

*The end of the first planters coming hither was, (as was expressed in [*509.]

yo"^ address, 1660,) the enjoyment of the libertje of yo"^ consciences, which Liberty of con-
science y*
the king is so farr from from taking away from yow, that, by euery oc- planters end,

casion, he hath promised & assured the full enjoyment of it to yow. Wee ^^^^■^ ^^^l^ ^^°

therefore admire y* yow should deny the liberty of conscience to any, es- smedtobeen-

joyd, &c.

pecially where the king requires it, & that, vpon a vajne conceite of yo^ w* causeth
oune, that it will disturbe yo'^ enioyments, w"^^ the king hath often said it ™"'^" J'' '*

' ■> J ■' ' ° •> should be de-

shall not. njdwheny

111' Ti'm ' * !• !• 1 king requires

Yow haue so tentered the kings quailifhcations as in making him only it_ ^g^ „„ ^on-
who pajeth ten shillings to a single rate to be of competent estate, that when ^^^'/^ ''„™i^' '''^'
the king shall be enformd, as the trueth is, that not one church member in an Wee feare the
hundred payes so much, & y' in a toune of an hundred inhabitants, scarse hlm^eJfe deiud-
three such men are to be found, wee feare the king will rather finde himself ^^ "''"'' >""

satisfied w'^

deluded then satisfied by your late act. Though you coinend to the ministry yo'act as to
& people the word of the Lord for their rule, yet yow did it with a provisoe ^^ .edesias-

that they haue the approbation of the Court, as appeares in the same page ; ti^s, x-e, wee

..... . j ^i^^.^s y ^ing)

and wee haue great reason both to thinke & say that the king & his council, connciu, &

& the chuixh of England, vnderstands «& followes the rules in Gods word as i^nd'^nder."^'

much as their corporation. stands &cy.

word of God as

These answers are so farre from being probable to sattisfy the kings weiiasyow,&c.
expectation, that wee feare they will highly offend him. Abuse not the kings ^^^"''''p^^^'j^^®
clemency too much. , Eemember that when the king had well weighed all the &c.
expressions in yo' last petition, & the temper & spirit of those that framed it,
though he would not impute it to the colony, yet he was not pleased w"> it.
It will be well worth your pajnes to prevent the king from judging these



206 THE RECORDS OF THE COLONY OF



May session.



166 5. answers to be made by tbe contrivers of that which, will best be cTonne by an

ingenuous & free consenting to what the king desires.

RICHARD NICOLLS,

ROBERT CARR,

GEORG CARTWRIGHT,

SAMUEL MAUERICKE.
May 18, 1665.

To the Generall Court of his majestjes colony of the Massachusets.

Courts ans' to Gentlemen : —

reX^to' N*" 7 Wce haue pervsed your reply to our answer of yo'^ No. 7, 8 ; and why

8, 9, as y« )«y yg-^y should put vs on y* resolue of such a question wee see not the grounds

see not the "^ -^ "^ ...

grounds of thereof. Wee haue only 2oleaded his majestjes royall charter granted to vs,
tion iiauini' which wee haue reason to hope will be acceptable to his majesty, it being his
only pleaded y gpeciall charffe to yourselves not to disturbe vs therein. Your proposall to

charter & good . .

grounds to that instruction for us to answer to complaints, whereof yow say yow haue had
be acceptable i^^ry, ag' VS, was the occasion of our reply to yourselues, signifying that wee
to his maj'!-, apprehended our charter to be infrinored by your proceedings : but wee asraine

who hath given '^^ o J J i^ & = o

speciall charg doe tender you that, if yow see meete to informe vs of any particcular one, or

yt \VG6 1)6 not

disturbed more, that yow are vnsatlsfied in, wee are ready to give yow an account of our

therein, &c. proceedings therein, whereby you maybe enabled truely to represent both our

Y« Court again o •

tend'ing an act persons & actions to his majesty.

any y" And to make it appeare that wee doe not only professe, but are ready to

proceedings, it ^ ^ j s: ^ j

instanctin. make good our profession by practise, not shortning that allegeance wee owe
& al2ons''mi'"ht ^'^'■° ''^'^ ™ajesty, for the deciding of which controuersy wee shall forth-
be rightly ren- -^^ith order the taking of the oath of allegeance, according as the charter

dredtohis •_ ° o ' &

majT. com.ands.

tiofnot to"" ^y ^^^ *^°^^*- ^^^= RAWSON, Secrefy.

shorten y= oath, BostOll, 19"i May, 1665.

allcgianc, &c,

& ordering that To the hon-^ble Colonel Richard NicoUs & the rest of his maiestys

it be tooke as , , J J

y charter COmissionS^

coiuands.

To the above written the comission.'^s againe replied : —
Couiission's Gentlemen : —

reply. -j.^. .,

His niaj'y^ most gracious letters, especially the last, Jby M'' Secretary Mor-

rice, haue so abundantly answered all that yow haue pleaded or cann plead for

[*510.J y* charter, or ag' our coiiiission, that wee haue most most *just grounds to insist

vpon the former quaestion, and therefore wee are necessitated to declare once



THE MASSACHUSETTS BAY IN NEW ENGLAND. 207

more to you, that your positiue answer thereto ought to be had before wee 16 6 5.
proceed to act according to the virtue of his majestjes coinissioii. " "^ '

May session.

EICHARD NICOLLS, Hism.'..&

EGBERT CARR, Secie. Jlorrice

' letters y

GEORG CARTWRIGHT, grounds of

their insisting
SAMUEL MAUERICKE. ony«fmmer

May 20^ 1665. i^^''-

To the Generall Court of his maj'y colony of the Massachusets.

"Wherevnto the Court returned an answer as foUoweth : —

Gentlemen : —

Courts reply.

Touching the letter received from the honofble secretary, S' "W™ Mor- intent to re-
rice, this Court haue considered it, & doe intend to returne an answer there- Secro™iorric
vnto. Wee humbly conceive it is beyond our line to declare our sence of the ^^^ ^''"^''' *

beyond them

power, intent, or purpose of yo'^ coiiiission. It is enough for us to acquaint to declare y
you w' wee conceive is granted to vs by his majestjes royall charter. If yow po,,,er, &c, of
rest not sattisfied w"^ our former answer, it is our trouble, but wee hope it is ^° (^"""ssion

rest ng in y"

not our fault. It is knoune to Him that knows all things, that it is our de- acquainting
sire, & hath been our endeavo'', according to our best vnderstanding, to give conceived
his maj'y & yourselues all due sattisfaction, sauing only our duty to God, & ^'™ J^^ JJ'
the priuiledges of our charter, so dearely purchased, so long enjoyed, & so appealing to

God y* y^ir de-

graciously confirmed by his majestje. sire & endeavor



hath been to
giue his niaj*?
May 22*^ 1665. &j-mseluesaU

due sattisfac-
tion.

Sauing y" duty

COmiSSlOners. to God &- priu-

iledges of yir
charter, &c.



By the Court. EDW: RAWSON, Secret.



To the honofble Colonel Richard NicoUs & the rest of his majestjes



"Wherevnto the comissioners againe made their reply as followeth : —

Comissioncrs

In answer to yours of the 22"» of May, 1665. reply.

^ , Declaring y'

Gentlemen : — his maj'y\viU

1. Wee hold ourselues obliged, in duty to his maj'?, & out of a singular good ^ane cause of

^ displeasure ag*

affection to the welfare of this his majestjes colony, to declare to this Court, that such dicatory

his majestje will haue just cause to manifest his displeasure against the contriuers ^"^'^^.^j

of such dilatory answers, from whom his majestje doeth expect a more chearefull rogative not to

mi T 1 r 1 T 1 ^^ supposed to

obedience in dutifuU performances. The httle successe of your late addresse tep^edwithall
might discharge you from a second, especially when yow finde his majestje so ^^ °'^'J;"^y°|.
highly concerned for his prerogative, which he cannot be supposed to haue ges, &c.



208



THE RECORDS OF THE COLONY OF



1665.



May session.

Insisting on
ynr former
quaestions, &c,
declaring their
resolution to
sitt as a Court
on y^ morrow,
24 instant, to
hear M'
Deanes case.



& sumon the
Goflno'&Com-
pa., vf^^ ^i'
Scottow, ac-
cordingly.



Y* ye Courts
salvo is a high
imputation to
his raaj'y.



Not to be be-
lieued by his
majtJ^ good

subjects.

[*511.J



parted w* all by any privlledges or imunitjes granted in yo'' charter ; neithei
ought any of his good subjects to misrepresent his majestjes determinations of
mainteynig yow in them.

2. Since yow are pleased, after some dajes debate & delay, to returne us a
more dubious answer then yo' former to the qiieestion propounded by vs,
whither yow doe acknowledg his majestjes coinission, wherein wee are nom-
inated coinissioners, to be of full force to all the intents & purposes therein
conteyued, that wee may discharge our dutjes to his maj'^, & the trust reposed
in vs, w**" faithfullnes & integrity, wee shall tomorrow, at nine of the clock
in the morning, at the house of Capt Thomas Breaden, sit as his majestjes
coinissioners to heare & determine the cause of M' Thomas Deane & others,
plaintiffs, against the Gouerno'' & Company & Joshua Scottow, merchant, de-
fendants, for injustice donne JN'P Deane & others when the Charles of Ouer-
roone came into this port, whereof wee thought fit to give you this notice that
the Gouerno'' & Company is complajned of, & that wee doe expect yow will,
by your atturney, answer to the complaint.

3. Lastly, in your oune words, it is knoune to Him that knowes all
things, that it is our desire, & hath beene our endeavo', according to our best
vnderstanding, & w"" all openess of heart, to give yo^'selues all due sattisfac-
tion; & therefore yow might well haue spared that salvo of yo'' duty to God,-
& the priuiledges of your charter, whereby yow would misteriously jnsjnuate
that all yo'' libertjes, civill & ecclesiasticall, were intended to be violated,
which is so high an imputation to his maj*y (who hath so fully declared
the contraiy) that it ought not to be beleived *nor imagined by his good
subjects.

RICHARD NICCOLLS,

ROBERT CARR,
GEORGE CARTWRIGHT,
SAMUELL MAUERICK.
May 23*, 1665.

To the Geiill Court of his maj'^' colony of the Massachusets.



They also granted a warrant against M'^ Joshua Scottow, a copie whereof
here followes : —



Cnpieofcomis- These are in his majestjes name, & by virtue of his comission vnder his

sion's wiirrant .. i j* t» i i

Jo Joshua Scot- o^"^^'' ®^^^s °* England, to require yow, Joshua Scottow, merchant, to be at
''"^- Capt Bredens house, in Boston, by nine of the clocke in the morning to mor-

row, being Wendsday, May 24"^, to answer, before vs his majestjes comis-



THE MASSACHUSETTS BAY IN NEW ENGLAND. 209

sioners, to such charge as is lajd agamst yow by M"^ Thomas Deane & others. 166 5.
Given vnder our hands at Boston, in New England, May 23, 1665. "" "^ '

May session.

RICHARD NICOLLS,

ROBERT CARR,

GEORGE CARTWRIGHT,

SAM: MAUERICK.
To Joshua Scottow, merchant.

Wherevpon the Court drew vp this following declaration, & before the in ans' to w*
pubhshing thereof, sent a copie of it to the coinissioners, who not receding ^p y°"foiiowiIg
from their purposes, & the time being come that they appointed for their declaration,
Court to assemble, the Generall Court caused the sajd declaration to be openly & publisht it.
published in Boston. The words are as followeth : —

Whereas in the debate & conference had betweene this Court & Collonell in w* the
Richard NiccoUs, S' Robert Carr, Kn*, George Cartwright, & Samuell ^^^^ ^\
Mauerick, Esffis, his majesties hono'''''^ coinissioners, wee haue pleaded only pleaded y« rules

of y» charter.

the majntenance of his majestjes authority in the gouernment of the people -vvroh hig maj«j
of this colony, according to the rules & prescriptions of his charter, vnder the ^^|°e &
great scale of England, the full & peaceable enjoym* whereof his maj'^ hath assured shall

be enjoyed, &

given good assurance to all his loyall subjects of this place, giving especiall given his
charge to the aboue named gentlemen not to disturbe vs therein, yet ac- f°""^J'°"ers

o o •' m comand not

counting it our duty to God & his majesty, by all lawfuU wayes & meanes, to in y least to

disturb.

give ffuU satisfaction vnto his majesty touching all such cases & complaints Cg^^ts fre-
aorainst vs as in his wisdome & prudence he shall see reason to take cog- 'i"™t tender

^ to give an ac-

nizance of, wee haue sundry times in our conferences, both by word & writ- count of y»ir
ing, tendered vnto y^ aboue sajd gentlemen our readines to present vnto them ^ny casey'hia
a full & cleare account of y« grounds of our proceedings in any case, matter, ""'.i'' ^^ ^'^

^ •> <-• '■ " prudeno or his

or complaint that themselues shall see meet to enquire into, whereby they comissioners

^ - . . shall see cause

may be enabled to represent the matter trueiy to his majesty. t„ inquire into,

His maiesties letters to this colony, of Aprill 23^ 1664, & by his hono-'We &£•

1 ,,.,., 23 Apri., 1664.

secretary, S' W"' Morrice, February 25, 1664, expresly declarmg this to be ^^.^ ^^^.^ ^^^^
his principall end of his sending hither the aboue sajd gentlemen in ^'^'^^ ^ '^g^'.'^'^'^g'
capacitje, & that for such pious & good intentions as therein is more particu- often deciard,
larly declared, & not in j" least to infring our charter, or any the priuiledges t°i^^-inge r'

,, /. charter.

thereoi.

AU this, notw'i'standing the abouesajd genf^ not resting satisfied w"' these Comissioners,

' ° •> " notw^standing

our tenders & proposalls made vnto them, (wherein wee haue endeavored to y courts en-

, T t, ^ deavors & his

answer his majestjes just expectation,) contrary vnto the expresse charge ot ^^.^^, ^^^^^^
his maj'y vnto them, they haue, by warrant vnder thi-ee of their hands, given &c.

VOL. IV. PART II. 27



210 THE RECORDS OF THE COLONY OB"

1 G G 5. protection to John Porter, Jun, an high offender against God, his ir.aj'^^ au-
"> ' thority, lawes, & the peace of his good subjects heere, (who, breaking prison,

iliiv session.

Grant proteo- ^^^^ his escape out of the hands of justice here,) & y' before any signiffica-
tion to Jn" tion vnto j'= goQment of this place of any complaint made against them, their

Porter, Jun., a

notorious of- sentence or proceedings against the sajd Porter, & requiring all officers, as
T=kiii"-'s1iu- ' ^^®-^'- military as civil, to be observient to them herein; & although this Court
thonty, &i;,not hath expressed their sence of this act, in conjunction w"" some other of their

giving any no-
tice to author- proposalls, to be an infringment of our priuiledges granted vs by his majestjes

corapi' renuir- roy^ll charter, yet they haue not w'^'draune their protection of the sajd Porter,
mg all military |jy^(. ]^gMe proceeded to suiSon as well the Gouerno'^ & Company of this his

& ciuill officers _ _ -^ ^ ■'

r*512.] majestjes colony, as also particcular persons, to appeare before them, *to an-
to observe swer the complaint of M"^ Thomas Deane & others, for jnjustice donne vnto

their coniands

therein. them, the submission vnto which proceedings of theirs being (as wee ajphend)

d I'^d^ t°"b iiiconsistent w* the majntenance of the lawes & authority here so long enjoyed
an infringm' of & orderly established, vnder the warrant of his majestjes royall charter, the

their priuiledg

granted by vpholding whereof being absolutely necessary for the peace & well being of

haue notCi- ^^^^ majestjes good subjects here.

draune y pro- This Court doeth therefore, in his majestjes name, & by the authority to

tection. ^

But proceed to '^® comitted by his royall charter, declare to all the people of this colony, that
summon Gou. jj^ observofence of their duty to God & to his maiesty, & to the trust comitted

& Company & •' J J '

others before vnto VS by his niajestjes good subjects in this colony, wee cannot consent vnto

y«m to ans' M' . i • /- i

Deans compl', °^' gi'^^ our approbation 01 the proceedings of the aboue sajd gentlemen,
y» submission neither cann it consist with our allegiance that wee owe to his maiesty to

whereto con- J J

ceived incon- countenance any shall in so high a manner goe crosse vnto his majestjes direct

gicfpTi+ "w^^ trip

maintenan' of charge, or shallbe their abettors or consenters therevnto.

y» lawes & au- /~i i ^i i •

thority heere God save the king.

soiongenjoyd. By the Court. ED W: 41AWS0N, Secret

V pholdmg
whereof neces-
sary ; & there- After the publishing of this declaration, the coinissioners sent vnto the

fore the Court

declares yt, out Court two Writings, ill these words following : —

of duty to God,
the king, & y«

people here, Gentlemen : —

they cannot

consent to or Wee thought, when we received our coinlssion & instructions, that the

pro^c^edings," ^^^ ^ ^^^ counciU knew what was granted to you in yo"^ charter, & w' right
«•«■■ in so high his maj'y had to give vs such coinission & comands, & wee thought the kins.



a manner is



crosse to his his chancellor, & his secretaryes, had sufficjently convinced yow that this

Xarge. ^^ comission did not infringe your charter ; but since you will needs misconstrue

Coinissioners all these letters & endeavors, & that yow will make vse of that authority -w"^

reply 'o 5" ■, , , .

dcciar. y' y "6 hath given yow to oppose that soueraignty which he hath ouer yon, wee



THE MASSACHUSETTS BAY IN NEW ENGLAND. 211

shall not loose more of our labours vpon you, but referr it to his maj'^^ wis- 166 5.

dom, who is of power enough to make himself to be obeyed in all his do- ' * '

minions, & doe assure you that wee shall not represent vo' denvino- of his ^^^ "''''™'

_ . . . . ^ J J o king & his

comission m any other words then yourselues haue expressed it in your coundU knew
severall papers vnder your secretarjes hand : but for the better manifestation Tyr ch^^ter &
of the transactions betweene vs, & for the satisfaction of all concerned in these ^'^ ""^'^^'o^'

& y« y° charter

parts, wee desire that yow will cause his majestjes comission to vs, his majesties ^°-^ °°'



fringed there-
misconstiu-



letters of June the 28^ 1662, of ApriU 23^ 1664, of February 25^ 1664, by by

M' Secretary Morrice, & all those papers wee haue given into the Coui't, & ^s^i^y letters

" > & making vse

yours also, may be printed & published. of his majw an-

RICHARD NICOLLS, '^^^^IslZ-

ROBERT CARR, aignty, &c, not

to loose more

GEORGE CARTWRIGHT, labor, shall re-

rcfcrr it to liis

SAMUELL MAUERICKE. majestjes wis-

May 24*^ 1665. dome, &E.

Mocon to print

To the GeneraU Court of his majestjes colony of the Massachusetts. tionr&&!°'

Coinissionprs
proposall for

Vpon pervsall of the booke entltuled the Booke of the GeneraU Lawes alterations &

. . - _ - . necessary addi-

& Libertjes conceming the Inhabitants of the Massachusets, wee finde just tions be made
reason to propose, in his majestjes name, that these ensuing alterations & ne- jjooke °™
cessary additions be made : — T« king y«

fountaine of al
authority here

First. That his maj'^ be declared (in the title of the booke) to be y' Aiiwritts &o
fountaine whence his colony of the Massachusets derive their lawes & liber- *° ^^ "^ ^^

maj^tjes name

tjes, by a charter bearing date, &S. His ^^^t,

2. That a la we be made that all writts, arrests, acts, or formes of iustice ^™^^™ J^^'

^ courts of jus-

whatsoeuer, be issued out & performd in his majestjes names. tice. Vide hv,

3. That his majestjes armes be set vp in euery Court of justice w'^'in this y' y true
colony, & that all the masters of vessells & captaines of foote companies doe ™" °'^ ° ^s

J ' -*■ IT J land be carnd

carry the true colours of England, by which they may be knoune to be his by all m^s of

vessels & cap'



Online LibraryNathaniel Bradstreet ShurtleffRecords of the governor and company of the Massachusetts bay in New England : Printed by order of the legislature → online text (page 25 of 77)