Nathaniel Bradstreet Shurtleff.

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

. (page 31 of 77)
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^ ^_ ^ ° ° _ ^ ^ ' thus afrighted,

that they did not well know what they did, as some of them haue since joyne in peti-
confessed ; & others of them ayming to be freed from restreint in their licen- j^^i^, ^5
tious practises by the gouernment vnder which they are ; & most of them -^

Such as refuse

being in much debt, & worth litle or nothing, that they might haue some to petition

respit from the lash of their credito''s ; & sundry that would not comply, they j^^^^ ^j^^j^.

threatned them to returne their names to the king ; but they better vnder- names re-
standing their way then the vnder sort, refused to abett any such disorderly Di^g^s refuse

proceedings ; yet, looking vpon themselues & theirs to be vtterly ruined by *° abett such

their designes, are now seeking how they may remoove themselues & estates practises.

from thence as fast as they cann.

In this manner obteyning a petition, they then passed an act for ener- Hauis so ob-

« -, tejned a peti-

vating the authority of both the clayming partjes, a copie whereof heere tion, pass an

rt. 1 1 ,1 act to enervat

ffoUoweth:— y.Massachu-

sets & M'

By the kings comissioners for setling the affaires in New England. ^"!!~ author-

• Wee hauing seene the seuerail charters granted to S'^ Ferdinando Gorges, rroceed to ren-

o ■ o der y« Massa-

& to to the corporation of the Massachusetts Bay, & hauing receaved seuerail chuses in a

. n -Kir I'l'i'Ti" most lanienta-

petitions from the inhabitants of the Province of Meyne, which is lajd clajme j,ig condiCon,
vnto both by the heires of the sajd S"" Ferdinando Gorges & the sajd corpora- *°-
tion, in which petitions they desire to be taken into his majestjes imedia? pro-
tection & gouernment ; & having considered that it would be of ill conseq^uence ^^^^"^0*^^
if the inhabitants of this province should be seduced by those of the Massa- &c.



166 5. chusets Bay, who haue already, by sound of trumpet, denjed to submitt them
' ^ ' selues vnto his majestjes authority, which, by comission vnder his great seale

IdSrV S6Ssioii

of England, he hath beene pleased to entrust ts w*'^ looking vpon themselues

Make their as the supreame power in these parts, contrary to their allegeance, & deroga-

ground of their tory to his majestjes soueraignty; & being desirous that the inhabitants of

[*537.] this province may be at peace among themselues, & free from the *coiitests of

reception of y others, & the inconveniencjes w"'' thence mnst necessarily ensue, to the end

inhabitants un-
der his maj'y they may be so, wee, by the power given us by his sacred majestje vnder the

fcee Wrom gi'^at seale of England, doe by these presents receive all his majestjes good

contests. subjects living w^'in the Prouince of Meyne into his majestjes more jinediate

protection & gouernment, & by the same power, & to the end this province

Comissionat- maybe well gouerned, wee doe hereby nominate & constitute M' Francis

hil se™of°r" Champernoone & M"" Eobert Cutt, of Kittery ; M'' Edward Johnson & M'

inhabitants as Edward Rishworth, of Yorke ; W Samuell Wheelewright, of Wells ; M'

justices of y«

peace there, Francis Hooke & M"^ Willjam Phillips, of Saco ; M"^ George Munjoy, of


Casco ; M' Henry Joceljn, of Blacke Point ; M"^ Robert Jordan, of Richmond
Island, & Bt John Wincoll, of Newigewannacke, justices of the peace.

And wee desire, & in his majestjes name require them, & euery of them,
to execcute the ofHce of a justice of the peace w^'in the Province of Meyne ;
and wee hereby authorize & impower M'' Henry Jocelyn & M'' Edward Rish-
worth, recorder, or either of them, to administer the oath vnder written,
which themselues haue taken before vs, to all the forenamed gentlemen who
haue not taken it, before they shall act as justices of the peace.
Toheare&de- And wee hereby giue power & authority to any three or more of the

n- aboue named justices of the peace to meete at convenient times & places, as

causes, (xo. , j i i 3

heretofore other magistrates haue mett, or as they shall see most convenient,

& there to heare & determine all causes, both civil & criminall, to order all

According to the affaires of this sajd provi(Zence for the peace, safety, & defence thereof,

the lawea o proceeding in all cases according to the lawes of England as neere as mavbe,

England. jr o o o ^ J

& thus to doe vntill his majesty will please to appoint another gouernment.
Coffianding all And in his majestjes name wee require & comand all the inhabitants of

r"piidobedi- ^^^® province to yield obedience to the sajd justices actings, according to the
enctoym, &c. lawes of England, as neere as may be; and in his majestjes name wee forbid
Gorges c"oSis., ^^ ^^^^^ ^^"^^ coinissioners of M'^ Gorges as the corporation of the Massachusetts
and r Massa- g.jy jq molest any of the inhabitants of this province w'^ their pretences, or

chusetts to ex-

cercise any au- to execute any authority w^in this province, vntill his majestjes pleasure be

^on y ere, £^j,j.]^gj. ]inoune, by virtue of their pretended rights. Given vnder our hands

& scales at Yorke, w^'in the sajd province, the twenty third day of June, in

the seventeenth yeare of the reigne of our soueraigne lord Charles the Second,


by the grace of God King of England, Scotland, Fraunce, & Ireland, in the 166 5.

yeare of our Lord God 1665. ' r— '

ROBERT CARR, & a seale. May session.


Wee also desire all -who lay clajme to any land in this province by patent,
to haue them forthcoming by this time twelve month.

Yo-w shall sweare that, as justices of the peace in the Province of Meyne, Justices of
you shall doe aeijuall right to the poore & rich, after the lawes & customes of oatr&e!""'
England, according to your cunning witt & power, & yow shall not be of any
q[uarrell hanging before yow ; yow shall not let for guift or other cause, but
well & truly yow shall doe your office of justice of peace. So help yow God.


A true copie of this coinission & oath aboue written, transcribed out of Surely it was
the originall, & therewith compared this 4"' day of June, 1665. 3411 or i Jul

P EDW: RISHWORTH, Recor. 1^^^-

is considerable.

In this act of theirs, (besides other particculars that are obvious to the
reader,) wee shall jntreate that there may be considered, —

1. The grounds on which they make it, & how vastly different they are Their artifice
from his majestjes instructions to them. ^ t^'^T"^ ht Xr

For whereas his majesty expresly chargeth them not to violate patent B''''™'iiiig yir

proceedings on

right, they can find an artifice to waue the right by patent, & ground their y desire of a
proceedings on the desire of a few malcontents. In Jobs time it was *ac- tents
counted the part of a day" man to make peace among men by laying his hand [*538. ]
on both, & the wisdorae of King Solomon appeared in giving the child to its Finding out an
oune mother ; but these gentlemen haue found out a third expedient that out warr» from
hath no rojall warrant from God or man. ^°^ " "'™-

2. His majesty expresly chargeth them not to jnterupt the course of Making in-
justice, but leaue the same to the proceedings in ordinary Courts; but these authority here
gentlemen, as they began in obstructing the sentence of justice passed against <=°""'»'"y_to lus
that notorious offender John Porter, & became his protecto'' in his rebelljon Discharging
against his naturall parents, so now they proceed to violate a Court of justice, l^ ° ^ county
& to discharge a whole county from their oathes, whereby they had sworne °^*'> *^-
obedience to his majestjes authority, according to the constitution of his royall




• ^ ^

May session.
militia y'r to
attend y"^''
motions. J^^
Copie of S'
Rob' Carrs
warr' for y' end.

charter ; & when the magistrates doe appeare to keepe the Court after the
■vvonted custome, the trayned band of the county toune is by them sumoned to
meete together in arines to attend their motions, their ffoUowers giving it out
that the magistrates should be imprisoned.

A copie of which warrant heere followeth : —

Capt John Davis, or, in his absence, to the next officer : In his majestjes
name you are required to give notice to your company that, w*out faile, they
doe appeare in amies on Tuesday morning next, in the feild where they
vsually meete, there to attend further order. Given vnder my hand 2 July,


His maj'y ap-
points Colo.
NichoUs to be
always one ;
but now.

Their actings
repugn' to his
maj'y gracious
intcncc, &c.

'W'=^ was to re-
leiue y op-
p'ssed, setle
peace, &c.

But insteed

They proceed
to heare & de-
termine differ-
ences ab' rights
of patents &
gofln'% ■w'^'out
hearing y» par-
ties, &c.
His maj's ajme
to encourage
virtue, piety,
& honesty, &5.

But insteed
thereof, they
disturbe an or-
derly goQm',

His majesty in their comission saith, that Colonell Richai-d NiccoUs in all
their actings shall alwajes be one, at least if there be but two ; but here one
of them can be bold in his majestjes name to rajse the militia of the shire
toune against his majestjes authority here setled, w*''out the consent of
Colonel NiccoUs, or the concurrance of the other two, & in all this acting a
matter directly contrary to his majestjes charge vnto them.

May wee intreat the consideration of the effect of these their actings,
the repugnancy thereof to his majestjes princely & gracious intentions in
betrusting them w* such a coinission.

Whereas his gracious end is declared to be the releiving of the oppressed
& setling of peace & good agreement among his subjects here in these parts
of his dominions, by the mutuall agreement of partjes concerned, furthered
therevnto by their asistants, or in defect thereof by a representation of the
pleas of both partjes to his royall self. But these gentlemen are so farr from
helping forward to so good an issue, that they will not so much as admitt
either party to plead their oune case, but, as at Pawcatucke & in the Narro-
ganset country, they dealt w"" particcular persons, turning them out of their
propriety, contrary to the knoune rules of lawe & aequity, so here they pro-
ceed, insteed of hearing the matter of right, by reproaching & vilifying his
maj'y^ authority here setled, & his good subjects to take of a whole county
from their subjection, which by their oathes they stand obleiged vnto.

His majestjes royall ajme & intention is, by their asistance, to encourage
virtue, piety, & honesty in all his subjects heere, for the bono' of God, his
maj'y^ throane, & the English nation.

But these gentlemen, where they found his majestjes subjects under an
orderly gouerment, allowed by his majestjes charter, encouraged by his royall


letters, the only walls of defence against the deluge of licentious practises, & 1 G 6 5.
of protection to his subjects ag* all acts of violence, they haue, w^out warrant " "^ '

Md,V session.

from his majesty, or any other just reason by them given, violated the same. „^ , ,
And although they haue carrjed the matter couertly, yet they cannot so hide hencon of y"

. , ' things.

It but that the people of that place where they haue thus acted doe say, that
they doe perceive that these gentlemen doe aime more to haue other mens
just rights for theinselues then to be instrumentall to the peace or the setle-
ment of the same vpon the right ouners thereof.

*To the high & honofble Court of Coinissioners, appointed by the Idngs [*539.]
majestje as the supreame authority in these parts of America called New Copie of Sam.

-P, , - , , .. Gorton, Ran-

England, w'" other places adjacent. a^H Houlden,

Jonti Vv 1 pit pQ

The humble petition of Samuell Gorton, Eandall Houlden, John "Weekes, & jn<> Greens'
& John Greene, in behalfe of themselues & others, P^'!™" 'l.'''^

^ majors comis-

Humbly sheweth, — sioners.

That whereas your humble petitioners haue been euilly intreated by in w»i> yy
diuers of our country men in these parts, especially by them of the Massachu- ^°™PJ""^ J

•' r ' sr J J they haue bene

setts, w^'out any fault of ours that wee know or can be made to appeare, only «■>''">■ intrated

. . by y" Massa-

they tooke offence that wee could not close w"" them in their church orders, chus's, wi-out
neither could wee close w*'' their civil course in diuers respects, as to execute ^" ' ^° f/^ °'

^ y y* could not

the lawes in their oune names, not expressing the name & authoritje of the close w* their

fiT'Ti !•• 1 ecles. & civill

king ; as also swearing men to fidelity m like sort, not admitting appeales to goam', &c.
his majestje in any case, & excercising their power beyond their jurisdiction & Excevcising y

power as sole

bounds, whereto the king had limitted them, as sole lords of the whole coun- lords of y
try, yo' humble petitioners hauing remooued themselues out of all their juris-
diction by purchasing a tract of land, where wee now Hue. When they had
preached vs in their pulpitts to be grosse hasreticks & men not worthy to liue <-;-•-•
vpon the earth, to prepare their people to judge vs worthy of death, then they '"S Cap'

/-t • /~. /~i ^ i-i/-~ Cooke, &c, un-

sent out against us one Captame George Cooke & his leftennt, Humphrey less they would
Atharton, comissionated, w"' a band of souldiers, that if wee would not re- '''^'";i"'^''_ '''■^

' ' •> ' rehgion, sc, to

linquish our religion, which wee had learned in our constant attending the P"' y™ '» y"

sword, &c.

publicke assembljes in our oune native country, or else to put vs to the sword, ^, .,
whom your petitioners resisted for a time only defenciuely. At last, vpon resisted for a

time, &c.

honofble termes, wee concluded to goe w"" them into the Massachusets, to see But at last
what all the country could alleage against vs, at the Generall Court, which yeiiding in a

way of freind-

was then in being ; but the captaine, being enterteined in a way of freindship, ship, were
w"^ his leiftennt & souldjers, into our hold, when they sawe how few men wee "~ brouohtTo
were, falsifying their couenant, they seized vpon us as captives, & carried vs Boston, & tried

on their Hues,

all as slaues into the Massachusets ; & when wee came before the GoQno'^, M"^ &o.




May session.

Narrowly es-
Confined to
seu" tonnes.

Released on

About 80 head
of their catell.
Besides ^v* y^
souldicry, ifec,
spent there.


Their houses &
necessar" ex-
posed as pil-
lage for their
soaldiers, &c.
Indians on y*r
lands, ^"C, who
burn y^r wood,
kill y cattell,
&c, as they
say, &.C.

Their request
y' some speedy
course be taken
for redresse,

Wintlirop, wee told him how the captaine had wronged vs. He answered vs,
whateuer the captaine sajd, it was his intent to haue us captiues, & thereupon
sent vs to the comon goale, where wee lined at our oune charge as long as
what money wee had lasted, & then were put to grinde at the mill, prepared in.
the prison for that purpose, for the prisons poore allowance ; & when they
had trjed vs vpon life & death, denying our appeale to the king, & could finde
nothing wherein wee were guilty, & that in a privat Court where none was
permitted to heare but majestrates & ministers, who before had resolved vpon
our death in case wee could not falsify our faith to God & the king, & when
they had put it to the majo'' vote whither yo"^ petitioners should Hue or dye,
our Hues escaping by two votes, then they confined vs to seuerall places in
the colony where the magistrates Hued, w* charge not to speake of any thing
about which wee had beene tryed, vnless to some elder or one licensed vnder
a magistrates hand to discourse w"" vs, & to keepe our confinement, & this
charge vnder pajne of death ; the contrary prooued before a magistrate, wee
were to dye w'^'out further trjall, putting bolts & chajns vpon vs, & to worke
for our liuing ; & so wee continued a whole winter season. Afterwards they
released us by banishment out of all their jurisdiction, & from our oune lands,
layfully purchased, where wee now Hue, & that vpon pajne of death. The
number of great cattell which they tooke from vs was about fowerscore head,
which vpon rationall account, according to ordinary increase since that time,
will amount to diners thousands of pounds, as hath been trjed in a smale par-
cell privately taken at that time by some of their subjects in this colony w""-
out any coinisslon from them, & were accordingly cast at lawe vpon the ground
of coinon increase. The rest of our catle they lined vpon in the time of their
beseiging of us, having many of their Indians joyned w"' them against vs,
leaving our houses & necessarjes *in them as pillage for their subjects, both
Indians & English, in this colony, whom they had draune away from the ISTar-
ragansets sachems & this gouernment to become their subjects & instruments
to worke their wills vpon vs, & vnder the falsity & irregularity of the subjec-
tion of those revolting people, they haue majnteyned the Indians vpon our
lands vnto this day, planting our best ground, burning vp our wood, killing
our cattell, pilfering & purloyning our goods, breaking open our houses, offer-
ing violence to the inhabitants, resisting the kings oiEcers violently & riot-
uously, & wee cann haue no redresse, although it be contrary to order given
concerning vs by the Lords & Coiiions, in the High Court of Parljament, to
all the colonjes & gouernments about vs, which orders your petitioners haue
to shew.

Your petitioners therefore humbly pray, that yow will please to take our


distresses into your honor's breasts, so as some speedy course may be taken for
redressCj & tbat some responsible & correspondent satisfaction may be made,
as your honors shall thinke meete & convenient, according to the rules of
justice & sequity; and your petitioners shall become most humble & earnest
suite's & petitioners to Almighty God on your behalfe so long as we are.




March the 4'^ f|.

An apollegetticall reply to an invective petition exhibbited to his majestjes Courts apoUo-
hon'*'" comlssloners by Samuell Gorton, Randall Holden, John Wickes, toMrGorto/
John Greene, &6, beai-ing date March the 4"^, 1664-5. *^' scandalous

peticon, &o.

Humbly tendered.

By the Generall Court of his maj'^' colony of the Massachusets in New
England. This Court having been advertised by their cornittee chosen & em-
powred humbly to treate w"" his majestjes hono'^ble comissioners, viva voce, &
to make report of their proposalls.

That the sajd comissioners did vrge a necessity of a recognizance of some
particcular cases grounded vpon seueral complaints exhibbited to them by
diuers of his majestjes subjects in these parts, & in particcular by Samuell
Gorton, Randall Holden, John Wickes, & John Greene, & diuers others of the

inhabitants of Warwicke, applying themselues by way of petition vnto his ma- majne designs

jestjes honorable comissioners, as aforesajd, for redresse, & vpon pervsall of a j^a.-tr ^.g i,„

copie of the sajd petition, perceaving it to be the majne designe of the peti- ""sreprosenta-

tioners to abuse his majestjes grace & favour, & by misrepresentations, if it The Court, out

had beene possible, to prostrate his credit to the belelfe of that which is not " ^'"^ ^*^ '°

•■^ -^ God for y« vm-

to be beleiued, his princely wisdome putting him beyond a capacitje of such dicating his

, ^ ^ gloiy, & duty

abuses ; as also to give vnto his maj''^-^ honorable comissioners & this Court to his maj'j for
much needless trouble, by a teedious recollection of antiquated matters, & an l"^ satisfaction

•' ^ & preseiTatiou

ingratefuU investigation into the ruines of time after things hard to be found, of his hone,

,. />!• • 1-1-1 ^ maintenane

if not lost, by the many revolutions of this generation, which is almost past of authority,
away since that transaction ; therefore wee haue accounted it our duty to God '?' * ^' ^^^^

■' '' might purge y*

in order to the vindication of his glory, our duty to his majesty in order to his colony from

•c 1 • f 1 • ^ 11 • r T • T • those foule as-

satisfaction & the preservation of his bono"", by the maintenance oi his authority, persions, take
which by his royall charter he hath betrusted this Court w^'all, to be improoued r"^'*';i"<=s

■' ■' -^ bound to tend'

for the preservation of the peace, & promotion of the pubhcke weale of his )• reply.


majestjes good subjects of this colony, as also that wee may purge the gouernment
from those foule imputations of disloyalty, which by that petition they haue
asperst it w'^'all. Wee say wee are bound by an obligation to God, our king, &
our country, humbly to offer this reply to that petition, w'='' wee shall en-
deavo"^ by comparing the petitioners w"^ themselues ; secondly, w'*i their prin-
ciples ; thirdly, w"^ the whole transaction.
Sara. Gorton, Samuell Gorton, the person in whom the sparkes of that spirit of that

firstwot-i'7' malignity first kindled vnto the inflaming of the malignant passions of many
up r fier of other malcontented persons, which he blew vp to the blaze of contention, in-

contentions. .

r*r.Ai 1 dustriously adding fuell, which had its dangerous tendency to *the vtter con-
sumption of both our ciuill & ecclesiasticall constitutions, in whom principally
wee suppose the same spirit hath beene cherished & kept aliue vnto this day ;
he seemes to be incapable of any other charracter but that which his demer-
rits gives him, which he long since hath received the impression of by the
presse in a booke printed & published, & presented to our superiors in our
His spirit, &c, vindication, viz' : that he was a man whose spirit is starke drunke w"" blas-
r'^trutr&c" phemies & insolencjes, a corrupter of the truth, a disturber of the peace Avhere
A disturber of euer he comes. This character he hath branded himself w^'all, both by his
colonjes'^S. words & actions, which doeth appeare by his oune letters to this gouernment,
His letters dis- (^ the letters of others concerning him, long since exhibbitted to the vejw of

couerhiratobe , . . «, , ^ , . . ,, it.

unfltt toliuein the World in that foresajd booke. ihe poenaltje inflicted lor his mtollerable in-
aXtiansocie- g^igjjgjgg^ tui'bulencjes, & ha;terodoxe in at least three of his majestjes colonjes


in New England, doeth demonstrate him to be a man so vnruly as not fit to
Whipt at Plira- Hue in civil or Christian socjety, he hauing been whipt in Plimouth patent,
banisht from whipt & banished from Road Island, imprisoned & only banished out of the
Road Island, Massachusetts, hauing before also endangered the ruine of another new plan-

imprisond in &

banisht from y tation. Called Providence. Their lamentable complaints, their importunate crjes

to the Massachusets for help against him, doe appeare by their letters in print

vnder their hands in the aforesajd booke, thence from M'' Willjams, the then

Endangers y« patriot of the placc, who beginns in these words : ' M"^ Gorton hauing fowly

■de"° °lanta^" ^^used, high & lowe, at Aquednecke, is now bewitching & bemadding poore

t'""!- Providence ; ' & the other letter beginns thvs : ' "Wee, the inhabitants of the

toune aboue sajd, hauing faire occasion, counting it meete & necessary to give

His insolent & yow a true intelligence of the insolent & riotuous carriages of Samuell Gorton,

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 31 of 77)