Nathaniel Bradstreet Shurtleff.

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

. (page 57 of 77)
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president to ^ .. ^ ^^

be chosen; his '^'^7 ^6 COmodlOUS for all

power to fur- g Article. Itt is further agreed, that, at each meeting of these sixe

ther, n' liinder

busines. coiiiissioners, whether ordinary or extraordinary, they may choose their pra;si-



THE MASSACHUSETTS BAY IN NEW ENGLAND. 473

dent out of themselues, whose office & worke shallbe to take care & direct for 167 0.
order & a comely carrying of all proceedings in the present meeting ; but he ''

shall be invested w*'' no such power by 'which he may hinder the propounding
or progresse of any business, or any way cast the scales otherwise then in the
present articles is agreed.

7 Article. It is also agreed, that the comissioners for this confccderation To establish
heere after at their meeting, whither ordinary or extraordinary, as they may pg^c thi* y
haue coinission or opportunity, doe endeavour to frame & establish agreements J""sdcons.

Preventing oc-

& orders in generall cases of a civil nature, wherein all the plantations are in- cacon of warr.
terested, for preserving peace among themselves, & preventing (as much as y.°ind^anasy«y
may be) all occasions of warr or differences w"" others, as about the free ^°^ ""* ^'^^°'

lent, nor in-

& speedy passage of justice in each jurisdiction to all the confoederates jured ■w'l'out

, . . . , , . T . sattisfacon.

sequally, as to their oune receiving those that remoue irom one plantation

to another ; how all the jurisdictions may carry it towards the Indians,

that they neither grow insolent nor be injured w'^out due satisfaction, least

warr breake in vpon the confoederates through such miscarriages. It

is also agreed that, if any servant rune away from his master into any Fugitive ser-

other of these confcederated jurisdictions, that in such case, vpon the certifi- ^^"^.^ brelwng

cate of one magistrate in the jurisdiction out of *which the sajd servant fled, [*668.J

or vpon other due prooffe, the sajd servant shall be deliuered either to his prison to be se-

cured in all y

master or any other that pursues & brings such certificate or prooffe ; and jurisdictic &
that vpon the escape of any prisoner whatsoeuer, or fugitive for any criminaU ^^"^^"3''''
case, whither breaking prison, or getting from the officer, or otherwise escap-
ing, vpon the certificate of one magistrate of the jurisdiction out of which the
escape is made, that he was a prisoner, or such an offender at the tjme of the
escape, the magistrates, or some of them of that jurisdiction where for the
present the sajd prisoner or fugitive abideth, shall forthwith grant such a war-
rant as the case will beare for the apprehending any such person, & the
deliGring of him either into the hand of the pursuer ; and if help be required
it shall be granted, he paying the charges thereof.

8 Article. It is further agreed, that for the dlsposall of the Indian How to order

^ ^ . ^ , & dispose of

stocke for the future, the chojce of comissioners in the seuerall colonjes being the Indian
annually, as formerly the comissioners of the Massachusets, vi^^ such others as ^*°°^^'^''''
shallbe present, or any three of the comissioners meeting yearly at Boston, Acts thereof to
or elswhere, as they shall agree, and at the vsuall time, they may doe any t^^y't^^^fJu
act for the mannaging & ordering of that affaire as though all the comis- meeting.
sioners were present, and what they shall doe herein they shall keepe a true
reccord thereof, and transmitt the account of the same from time vnto time to
the tijenniall meeting of the coinissioners.

VOL. IV. PART II. 60



474 THE RECORDS OF THE COLONY OF

1 G 7 0. 9 Article. It is also by these confcederates agreed, that the charge of all

'" '^ ^ just warrSj whither offencive or defencive, vpon what part or member of this

„. , ' coufoederation soeuer they fall, shall, both in men, provissions, & all other dis-

aUwarrsonany buTsments, be borue by all the parts of the confoederation, in different propor-

of y confeder- ^ .... «,. "+11

ates, whither tions, according to their different abilitjes, in manner following, viz* : that the
encive or cofiiissioners for each jurisdiction from tjme to tjme, as there shall be occasion,
liowy'warrto bring a true account & number of all the males in each plantation, or any
„ „ V, „. "^^y belonging to or vnder their seuerall jurisdiccons, of what quality or con-
to be borne, & dition soeuer they be, from sixteen yeares old to sixty, being inhabitants

how y* advan- . , . , « .

tage thereof, if there, and that according to the different numbers which from time to time
o so ispose, gYinW be found in each iurisdiction : the service of men and all charges of

to be divided. j ' o

the warr be borne by the poll, each jurisdiction or plantation being left to
their oune just course & custome of rating themselues & people ; and that
according to the different charge of each jurisdiction & plantation the whole
advantage of the warr, (if it please God so to bless their endeavours,) whither
it be in lands, goods, or persons, shall be proportionably divided among the
sajd confoederates.
Incaseofiuva- 10 Article. Itt is ffurther agreed, that if any of these jiuisdictions, or

fiion.

any plantation vnder them, be invaded by any enemy whomsoeuer, vppon any

notice or request of any three magistrates of that jurisdiction so invaded, the

rest of the confoederates, w*''out any further meeting or expostulation, shall

[*669.] forthwith send ajde *to the confosderates in danger, but in different proportion,

Ajd to be af- ^-^.t (.j^g Massachusets one hundred men, sufficiently armed & prouided for

forded to y ' > J r

confederate in such a service and expedition ; Pljmouth forty five men so armed and pro-
p f bi ^^'^^'ij ^^^ Conecticot ninety men so armed & prouided, or any less noumber,

numbers for if less be required, according to this proportion ; but if such confoederate in
ajd, &c.

danger may be suppljed by their next confoederate, not exceeding the number
hereby agreed, they may craue helpe there, & seeke no further for the present,
the charge to be borne as in this article is expressed, and at their retume to
be victualled, and supplied w"' pouder & shott, (if there be need,) for their
joui-ney by that jurisdiction that implojed or sent for them, (and the propor-
tion aboue named to continue vntill, vpon knowledge of the numbers in each
jui-is diction, which shall be brought to the next meeting, some other pro-
Satisfaction to portion be ordered ;) but in any such case of sending men for present ayde,
invaders in whither before or after such order or alteration, it is agreed, that at the meet-
case the fault ijjg of t^g comissioners for this confosderation the cause of such warre by

were in y in- ■'

vaded &c. invasion be duely considered, and if it appeare that the fault lay in the party
so invaded, that then that jurisdiction or plantation make just sattisfaction,
both to the invaders whom they haue jnjurjed, and beare all the charges of



THE MASSACHUSETTS BAY IN NEW ENGLAND. ■ 475

the -warr themselues, w^out recLuiring any allowance from the rest of the con- 16 7 0.
fcederates towards the same. ^ ■* '

. . 12 October.

11 Ajtticle. And for that the justest warr may be of dangerous conse- ^^^ mstest
quence, especially to the smaller plantations in these Vnited Colonjes, it is ^^ 'nay be of

dangerous con-
agreed, that neither the Massachusets, Pljmouth, nor Conecticot, nor any of sequenc.

the members of any of them, shall at any time hereafter beginn, yndertake, or ^° <=olo°y *o

begin a warre

ingage themselues or this confosderation in any warr whatsoeuer, (suddaine or engage the

., , . 1 /. T , . -1 1 others therein,

exigencjesj w™ their necessary consequences thereof, excepted, which are also ^5_
to be moderated as much as the case will permitt,) w*out the consent of the
seuerall Generall Courts of the Vnited CoUonjes.

13 Article. Itt is also agreed, that in case of any suddaine exigencies or in case of sud
other weighty occasions requiring the meeting of the comissioners before the q^^ or any 3
ordinary time, the Governo'', or any three magistrates of any the confoederate m^gis's may

sumon a meet

jurisdiction, may sumon a meeting of the comissioners, breifely signifying the ing, &c.
occasion thereof, & the tjme & place of the meeting, w'='' shall be accordingly
attended by the comissioners of all the confoederate jurisdictions ; and when
mett they may adjourne to any other time or place as to them shall seeme
meete.

13 Article. Itt is also agreed, for the setling of vagabonds & wandering Provition for

,,..«.« vagabonds &

persons, remoovmg from one colony to another, to the dissattislaction (Sc wandering per
burden of the places where they come, as dayly experience sheueth vs, ffor ^°°^-

. W continu-

the future, it is ordered, that where any person or persons shall be found in anc in place
any jurisdiction to haue had their aboade for more than three months, and not "jbitants'"&5?
warned out by the authority of the place, and in case of the neglect of any
person so warned as aboue sajd to depart, if he be not by the first opportunity
that the season will permitt sent away from constable to constable, *o the end
he may be returned to the place of his former aboad, euery such person or
persons shallbe accounted an inhabitant where they are so found, and by
them governed & provided for as their condition may require ; and in all such
cases the charge of the constables to be borne by the Treasurer where such
constables do dwell.

14. Article. Itt is agreed, that if any of the confoederates shall hereafter in case of any

- ... n breach of y" ar-

breake any of these present articles, or be any other way injurious to any ot ^■^y^^ „ ^^.^_
the confoederate jurisdictions, such breach of agreement or injury shallbe '^^'^^^;J^_°'^
duely considered, and ordered, by the comissioners for the other jurisdictions, sidered & or-



that both peace and this present confosderation may be preserved w^iout viola-



dered.



tion.



*15 Articles. Finally, whereas in the former articles, argeed vpon May [*670.J



12 October.



476 THE RECORDS OF THE COLONY OF

167 0. 29*, 1643, for the confoederation of the Vnited Colonjes aboue named. New
""^^ ' Hauen is therein mentioned, and was ouned as a distinct confcEderate,
and is by these included & concluded as one w*^ Conecticott, the aboue
sajd Tnion shallbe always interpreted as by their oune concession, and not
otherwise.
June 2, 1670. Thes articles aboue named were agreed vpon at Boston the day & yeare

aboue written, to be presented ynto the seuerall Generall Coui'ts of the sajd
colonjes for their approbation & confirmation.
Signed by vs.



for & by the appointment

• of the Generall Court of

the Massachusetts colony.



RICHARD BELLINGHAM, GoQ,

THOMAS DANFORTH,

JN° LEUERET,

JOSIAH WINSLOW, for the colony of New Pljmouth.

SAMUELL WILLIS, ) for and by the appointment of the

JOHN TALCOTT, \ Generall Court of Connecticott.

The Court, hauing read & pervsed this returne of their cofnittee, doe
allow & approove thereof of, w*"^ the emendations herevnder written to be in-
certed in their seuerall places : —

As in the 4"* article, instead of ' fower of sixe agreeing,' read 'fiue of
the sixe agreeing.'

In the 7"* article, in the S'* Ijne, instead of ' doe endeayour to. frame &
establish agreements and,' read 'may consult of & propose to the seuerall
Generall Coui-ts, to be by them allowed & established, such order in generall
cases.'

In the 9"^ article, in the 5"* Ijne, after the words ' in manner ffoUowing,'
add 'in the lO"" article,' and leaue out all the following words of that article
to the last three Ijnes, ' and according to the different charge of each jurisdic-
tion & plantation the whole advantage of the warr.'

In the lO*'' article, in the sixteenth Ijne, after the words ' and the propor-
tion aboue named to continue vntill,' leaue out the words following to ' some
other proportion be agreed.' In the 10* article also, in the fowerteenth lyne,
in stead of ' the charge to be borne as in this article,' read ' and the charge to
be borne by the seuerall colonjes, according to the proportion abouesajd.'

Ans' to Theod' In answer to the petition of Theoder Atkinson, Sen, it is ordered, that

tition. Cap? John Pynchon, Cap? Richard Walderne, & Leiftennent OUiver Purchis

shallbe a comittee & impowered to call the partjes before them, i. e., Theoder



12 October.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 477

Atkinson & Capt John Willjams, to heare what such party can say for himself 167 0.

relating to what is mentioned in the petition, making their report to this Court

what they judge necessary further to be donn therein. The coiiiittee, haulng

mett & called the seuerall partjes together, & having heard what they could

say each for himself, made their returne to this Court that they found nothing

by all that was sajd that Capt Willjams hath decljned from performing his

promise, nor by any thing presented doe see or finde any errors in the accounts

lajd before them ; neuertheless, leaue it to this Court, in whose hand & power

it is to grant a further hearing or audit of accounts if they please ; the Court,

on pervsing of the returne, declare they see no cause to grant any new hearing

as is desned.

In ans'' to the petition of M"^ Humphry Davy, it is ordered, that the case Ans' to M'

r^ r- -ni • i i Davys peticon

mentioned therem is referred to the next Court oi Jbiection, vniess they agree
together before that time.

*Aiticles of confoederation betweene the plantations vnder the government of [*671.]
the Massachusetts, the plantations vnder the government of New Plym-
outh, and the plantations vnder the government of Coniaecticott.

Whereas wee all came into these parts of America w"' one & the same
end & ajme, viz', to advance the kingdome of our Lord Jesus Christ, & to
enjoy the libertjes of the gospell in purity w**" peace; and whereas, in our
setling, by a wise prouidence of God, wee are further dispersed vpon the sea
coast & riuers then was first intended, so that wee cannot, according to oiu-
desLi-e, with convenience coinunicate in our gouernments & jurisdiction ; and
whereas wee are compassed w*^ people of seuerall nations & strange languages,
which heereafter may prooue injurious to us & our posterity ; and forasmuch
as the natives haue formerly coSiiitted sundry insolencjes & outrages vpon
seuerall plantations of the English, & haue seuerall tjmes combyned themselues
at^ainst vs ; & seing, by reason of our distance from England, (our deare native
country,) wee are hindered both from that humble way of seeking advice &
reaping those comfortable fruites of protection which wee might otherwise
well expect, — wee therefore do account it our duty, as well as safety, to enter
into a confcEderation for mutual helpe & succour in all our future concern-
ments, that, as in nation & religion, so in other respects, wee be & continue
one, according to the tennor & true meaning of the ensuing articles : —

1 Article. Wherefore it is aggreed & concluded by & betweene the par-
tjes or jurisdiction aboue named, and they doe jointly & seuerally by these
presents agree and conclude, that they henceforth be called by the name of the
Vnited Colonyes of New England.



12 October.



478 THE RECORDS OF THE COLONY OF

1670. 3 Article. The sajd Vnited Coloiiyes, for themselues & their posterityes,

doe jointly & severally heerby enter into a firme & perpettuall league of
freindship & amity, mutual advice & succour, vpon all just occasions, both for
preserving & proppagating the trueth & libertjes of the gospell, & for their
oune mutuall safety & welfare ; provided, notw*standing, that the power of
determination of an offencive warr, propperly so called, (so as to engage the
colonjes therein,) shall be in the seuerall Generall Courts of the afore men-
tioned confcederates.

3 Article. It is agreed, that the plantations which at present or heere-
after shallbe setled w'^'in the Ijmitts of the Massachusets shall be for euer
vnder the government of the Massachusets, and haue peculiar jurisdiction
amongst themselues as an entire body, —

And that Plymouth & Connecticott, each of them, in all respects, haue
the like peculiar jurisdiction & government w'Wu their Ijmitts, according to
• their respective letters patents from his majesty, prouided that no other juris-

diction shall heereafter be taken in as a distinct head or member of this con-
foederation, nor shall any other plantation or jurisdiction in present being,
and not already in combynation, or vnder the jurisdiction of any of these
confoederates, joyne in one jurisdiction w*''out the consent of the seuerall
Generall Courts of the aboue named confoederates.

4 Article. It is also agreed, that, for the managing & concluding of all af-
faires propper to and concerning the whole confoederation, (not excepted against
in these articles,) two comlssioners shall be chosen by & out of each, of these
three jurisdiccons, viz', two for the Massachusets, two for Plymouth, & two
for Connecticott, being all in church ffellowship w"^ us, who shall bring full
power from their Generall Courts respectively to heare, examine, & weigh, &
determine the same ; but if these six comissloners, when mett, shall not all
agree, yet it is concluded that any five of the sixe agreeing shall haue power
to setle & determine the case in course orderly ; but if five doe not agree, that
then such propositions, w"' their reasons, so farr as they haue binn debated,
be sent & referred to the seuerall Generall Courts ; and if by all the sajd
Courts there be a concurrance in the matter so refi'erred, then to be accordins-
ly prosecuted by all the confoederates & all their members.

[*67-2.] *5 Article. Itt is further agreed, that the comlssioners for the Vnited

Colonjes shall meete but once in three yeares, except in cases extraordinary,
which meeting shall euer be on the first Thirsday in September, and that the
next meeting after the date of these presents shall be at Pljmouth, which
shallbe accounted the first meeting, the seccond at Boston, the third at Hart-
ford, the fowerth at Boston, the fifth at Hartford, and so the meeting will be



12 October.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 479

but once in fiveteene yeares at Pljmouth, and double so often in the other 1670.
colonies, if, in the mean tjme, some midle place be not found out & agreed
on, which may be comodious for all.

6 Article. Itt is further agreed, that at each meeting of these sixe
coinissioners, whither ordinary or extraordinary, they may choose their preesi-
dent out of themselues, whose office & worke shall be to take care & direct for
order & a comely carrying of all proceedings in the present meeting ; but he
shall be invested w* no such power by which he may hinder the proposing or
progresse of any business, or any way cast the scales otherwise then in the
present articles is agreed.

7 Article. Itt is also agreed, that the comissioners for this confcederation
heereafter, at their meetings, whither ordinary or extraordinary, as they may
haue coiiiission or oppertunity, may consult of & propose to the seuerall Generall
Courts, to be by them allowed & established, such orders in generall cases of
a civill nature, wherein all the plantations are interested, for preserving
peace among themselues, & preventing (as much as may be) all occasions
of warr or differences w"" others, as about the free & speedy passage of
justice in each jurisdiction to all the confcederates sequally, as to their
oune receiving those that remoove from one plantation to another ; how all
the jurisdictions may carry it towards the Indians, that they neither grow
insolent nor be jnjuried without due sattisfaction, least warr breake in vpon
the confcederates through such miscarriages. It is also agreed, that if any
servant runne away from his master into any other of these confcederated
jurisdictions, that in such case, vpon the cirtifficate of one magistrate in the
jurisdiction out of which the sajd servant fled, or vpon other due proofe, the
sajd servant shallbe deliuered either to his master or any other that pursues &
brings such cirtifficate or prooffe, & that, vpon the escape of any prisoner
whatsoeuer, or fugitive for any criminall case, whither breaking prison, or
getting fi-om the officer, or otherwise escaping, vpon the cirtifficate of one
magistrate of the jurisdiction out of which the escape is made, that he was a
prisoner or such an offender at the time of the escape, the magistrates, or
some of them, of that jurisdiction where, for the present, the sajd prisoner or
fugitive abideth, shall forthwith grant grant such a warrant as the case will
beare for the apprehending any such person, & the deliuering of him or her
into the hands of the pursuer ; and if help be required, it shallbe granted, he
paying the charges thereof.

8 Artickle. It is further agreed, that for the disposing of the Indian
stocke for the future, the chojce of the comissioners in the seuerall colonjes



480 THE EECORDS OF THE COLONY OF

1670. being anmially, as formerly the comissioners of the Massachusets, w*'' such
'' others as shall be present, or any three of the comissionerSj meeting yearly at

Boston, or elswhere, as they shall agree, and at the vsuall tjme, they may doe
any act for the mannaging and ordering of that affaire as though all the comis-
sioners were present, & what they shall doe heerein they shall keepe ^ true
reccord thereof, & transmitt the account of the same from tjme to time to the
trjenniall meeting of the comissioners.

9 Artickle. Itt is also by these confcederates agreed, that the charge of all
just warrs, whither offencive or defencive, ypon what part or member of this
confcederation soeuer they ffall, shall, both in men, prouissions, & all other
disbursments, be borne by all the parts of the confcederation, in different pro-
portions, according to their different abilitjes, i. e., that the rule for propor-
tioning men, & raysing of moneys for the defraying of such charges as may
[*673.] from time to time arise vpon *any warr, defensive or offencive, begunne & car-
rjed on according to the articles of confcederation, shallbe as foUoweth : the
Massachusets one hundred, Plymouth thirty, Connecticott sixty ; and this rule
to continue for fiveteen yeares next coming after the begining of the meet-
ing of the comissioners, to be held at Plymouth in September next, and then,
if any one or more of the confoederates shall ap^hend the aboue sajd
proportion to be vnEequall, that matter shallbe againe considered by the
comissioners, and what they shall agree vpon shall be presented to the seuerall
Generall Courts for their acceptance & confirmation, (each jurisdiction or
plantation being left to theire oune just course or custome of rateing them-
selues & people,) and that according to the different charge of each jurisdic-
tion & plantation the whole advantage of the warr, (if it please God to blesse
their endeavours,) whither it be in lands, goods, or persons, shall be propor-
tionably divided among the confosderates.

10 Artickle. It is further agreed, that if any of these jurisdiction, or
any plantation vnder th'em, be invaded by any enemy whomsoeuer, vpon any
notice or request of any three magistrates of that jurisdiction so invaded, the
rest of the confccderates, without any further meeting or expostulation, shall
forthwith send ayde to the confoederate in danger, but in different proportion,
viz' : the Massachusetts one himdred men, sufficjently armed & prouided for
such a service & expedition ; Plymouth thirty men, so armed and prouided ; &
Conecticott sixty men, so armed & prouided, or any less number, if less be
required, according to this proportion ; but if such confoederates in danger
may be supplied by their next confoederate, not exceeding the number hereby
agreed, they may craue help there, and seeke no further for the present, the



f

12 October.



THE MASSACHUSETTS BAY IN NEW ENGLAND, 481

charge to be borne by the seuerall colonjes according to the proportion aboue 1670.



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 57 of 77)