Servants on horseback: OR, A Free-People bestrided in their persons, and Liberties, by worthless men: BEING A Representation of the dejected state of the Inhabitants of Summer Islands. CONTAINING Short Illustrations upon a Petition presented to the High Court of Parliament for redress. Published by Will. Golding Master of Arts, and Teacher to the Congregation in that Island 2 Chron. 16. 10. Then Asa was wroth with the Seer, and put him in a prison-house, for he was in a rage with him, because of this thing: and Asa oppressed some of the people the same time. Quam quisque pessimè fecit, tam maximè tutus est, Sallust. Printed in the year, 1648. THE EPISTLE To the Honourable Committee of Lords and Commons, entrusted to examine the Petition presented unto the Parliament, in the behalf of the Inhabitants of the Summer Islands, by captain Sail, and William Golding. June Anno 1646. Honourable Sirs, IT pleased the high Court of Parliament to accept a Petition, in behalf of the Summer Islands, and to recommit it unto yourselves, for examination, your care and readiness in attending that trust, was very eminent, only you met with obstructions, partly from the Company who are concerned in the Petition, partly from the sad breach between City and Armies emergent in that nick of time, and since, by the necessitated absence of captain Sail, and myself, whose attendance was requisite. In pursuance thereof, Honourable Sirs, I beseech you resume the Complaints which are before you, That your Petitioners may not languish under an usurped power; nor the power and honour of Parliament be trampled on, by the vilest of our English Nation. Sirs, to set this wheel on motion, I have presumed to publish the copy of the Petition, and papers affixed, as presented unto the High Court of Parliament. As also some few Acts and laws, made by governor's council and Assembly with us; with some Animadversions upon them for your better information, leaving it to the wisdom and justice of Parliament to judge thereof. Sirs, I have taken this course, not with desire to asperse the Honourable Company, the Nobility and Gentry of that Court, from whom we have always found help, when their leisure would permit their presence at the Court; but to discover the practice of the trading-party, who hold the people in bondage, and study to vex those, who plead for liberty. Besides, Sirs, Those of the Company concerned in the Petition, will be ready to give out, that your Petitioners durst not own their act, and therefore withdrew, and declined the prosecution thereof; whereas the world shall know, that was not the reason; But the attendance upon places, care of our families, a good providence opening a way for our return; with our great expense, under long delays, were the true causes of it. Sirs, Mr. Steele, who is of council hath the copy of papers at large, if you desire further satisfaction than what is Printed. The wise God make you as Angels to judge righteously, and as Gods to relieve the oppressed. Sirs, I am you humble Servant, William Golding. ΠΡΟΛΕΓΟΜΕΝΑ OR, The Preface to the READER. MY purpose is not to compile a History, nor to enter upon a distinct Narration of all transactions with us: (I suppose that will be performed by a better hand) but only to give a brief assay of things, that the Honourable Court of Parliament, with others, may clearly perceive, we have not complained without a cause. I shall briefly premise a few things to clear a way to the ensuing Treatise, viz. The Reader is desired to take notice, 1. That the Island called Summer Islands (alias Bermuda) is governed by a Company of Merchant Adventurers of London, who hold their power by Patent from King James, who keep Courts, make laws, and reverse them at pleasure, chose Deputy governors, Magistrates, and Commanders over the Inhabitants there, all which, depend for direction in their respective places, upon the Company of London. 2. That though there be many noble Lords, and worthy Gentlemen of that Company, yet are they strangers (for the most part) how things are carried in the Bermuda Court; for their more weighty employments, take them off from so low and inconsiderable affairs. The Court is upheld by a Deputy, and a few assistants; many of whom being of the trading party, wait upon the quarterly Courts, to consult what may tend to their advantage, and the government of the Island in subordination to that end. 3. That the pretence of the present difference in the Islands, is about a congregation gathered there into Gospel-fellowship; the beginning whereof, and by what authority gathered; the manner of its proceeding, with the oppositions it met with in its infancy; is faithfully reported by Mr. White, Pastor of that Congregation, in his answer to a scandalous paper, sent from the Island, and Printed under the Patronage of Mr. Prynn; all which I shall pass over to prevent tediousness. 4. That through the indulgence of the High Court of Parliament, and Honourable Committee for the American plantations, the Congregation in Summer Islands is indemnified in matters of God's worship by their orders. These things premised, I shall give a brief account of the proceed of things, occasioned since the Company of London chose captain Turner to be governor of these Islands. Servants on horseback. IT pleased the Company (or part of them) Anno 1645. to change their governor in Summer Islands (how regularly they proceeded I say not) and chose captain Thomas Turner, pretending that he being an honest and disengaged person, and now clothed with authority, might the better heal the distempers of the Island, who arriving at the Island, soon discovered his purpose and design, and within six or seven months acted so eccentrically, that many of the Inhabitants finding themselves aggrieved, did earnestly entreat Cap. sail, and William Golding to address themselves for England, to seek shelter for themselves, and others, against the black storm which was fallen upon them; who, casting themselves, and families upon the Lord, undertook that * Dura quidem Provincia. Province, and by the good hand of God upon them, coming to London, they besought the Company to hear their complaints, and put them into a way of security and peace: The complaints were read and committed to examination, but no report made after five months' attendance: At length it pleased the Lords, and many Gentry to be present at Court, resolving to hear, and issue matters: But the trading assistants (with their friends) perceiving this business would be now called upon, left the Court, in whose absence (though thirty or forty still remained) yet according to their orders, requiring seven Assistants at least, with the governor or his Deputy, there was not that number to make a Court, which lost us that opportunity, and clearly taught us what to trust too; upon which, captain sail and William Golding besought the Parliament. The Copy of whose Petition was as followeth: To the Honourable, the Knights, Citizens, and Burgesses assembled in Parliament; The Petition of Wil. sail, and Wil. Golding. Humbly showeth, WHereas your Petitioners (with the Inhabitants of Summer Islands) the freeborn natives of this Kingdom, groaning under several pressures, inconsistent with their native privileges, having duly sought redress from the Company of that plantation, and waited these six months for a favourable issue; but, without success, are enforced to spread their sad condition before your honours, viz. 1. That your Petitioners at the pleasure of the Company (or part of them) have been, and may again be, restrained of the liberty of their persons. 2. Your Petitioners are denied the free disposal of their proper goods. 3. Your Petitioners are burdened with an Impost upon their Tobaccoes (which is this year raised a third part) amounting usually to as much (or more) than the principal yieldeth. The company little regarding the ends therein pretended, nor are the Inhabitants satisfied in the disposal thereof. 4. Your Petitioners complain under excessive fraught set upon their Tobacco, and Rates upon the Merchant goods sent them. 5. That the deputy-governor, captain Tho. Turner, lately sent over, refused to Jtake the Oath (Usual at the instalment of other governors) yet summons an assembly, who (by their Speaker) calls themselves a Parliament, gives them an Oath of secrecy▪ Together with them makes new Laws, and enforce them, slight the power of Parliament, imprison, (men at pleasure;) turned out Magistrates of known integrity to this state, without, and against the known Order of this supreme Court, forbid appeals, silence Ministers, approved by the Honourable Company, and whose labours were desired by the Inhabitants, conceal good Orders, for the encouragement of honest men, and strengthens the hands of lewd persons, with many other vexatious ways. Your Petitioners deeply resenting these grievances, humbly pray. 1 That your Petitioners may be free to transplant themselves, and substance, when providence goes before them, and be protected in their due liberties, whiles they remain in these Islands. 2 That liberty of free trade be granted to the Inhabitants, according to their desires, and the subscriptions of many worthy members of that Company, as appears by the papers affixed, by which also your wisdoms may difcerne, whence most of these sorrows flow. 3 That Offenders against the Parliament, and just liberties of the Inhabitants, may be put into a way of trial. 4 That the Deputy governor may be questioned, and (if your wisdoms see just cause) suspended, and his new elected council, raised by his sole power, by your wisdoms reduced, Your Petitioners (entrusted by many of the Inhabitants as to the premises) having run the hazard of their lives, to escape the violence of a mere Arbitrary power, and wasted themselves, families and estates, in the pursuance thereof, having a ship ready to return them to their relations. And fearing to fall under the power of those who have already envaded whatever is dear unto them (except their lives, which are next in danger) are humbly bold to fly to your honours for just and speedy relief, your Petitioners refreshed with by past favours, (which they humbly acknowledge, and crave continuance of,) shall continue praying &c. A copy of the Papers affixed to the Petition when presented to Parliament, the first being the Answer of the Assembly in Summer lands, to the Inhabitants, suing for free trade (viz,) Summer Islands. Die Lunae 6 April. 1646. HAving received divers Petitions from several of the Inhabitants of these Islands, thereby craving a free trade for Tobacco, and to have privilege to transport the same at their own pleasures, not weighing nor regarding the privilege and royalty of the Honourable Company, after long dispute, and serious debate, and well weighing how far forth we can in justice answer your expectations in this particular; and moreover well regarding his majesty's Letters Patent, granted to the Honourable Company, we for your better satisfaction, have thought good to affix that branch or clause, whereby we are absolutely prohibited, and debarred of this privilege; and as we are all nearly concerned in the premises as you are, so we do hereby declare, and ingenuously promise, that if it were in our power to grant, or lawful for us to do, &c. we should be no ways wanting, and dilatory to advance our own privilege, and profits, and whereas it doth appear to us, that we all groan under the excessive rates held, and set upon the goods sent hither from the Honourable Company, and that our Tobacco, and goods, passeth at low rates, we shall in that behalf use our best skill and endeavour, by informing the Honourable Company, as well on your, as our own behalf: to have such things reformed, as are neither for their honour, nor for our profits: not doubting of relief therein, when we shall, with all candour and integrity, hold forth our just grievances unto them, this we hope will clear us from having any self end, or want of will and affection, in the discharge of the trust reposed in us by our country: But we are bound by oath, and duty, to maintain that power from whence we derive our own, yet always regarding our own, so far forth as civility, and justice will warrant it. Ordered to be read in the several Churches of these Islands. Signed, John Vaugham clerk of the Assembly. A Branch of the grants extracted out of the Letters Patents, ANd to the intent that the said Company, their Successors and assigns, shall and may enjoy the full and sole benefit and profit of this our grant, according to the true intent and meaning of the same, our will and pleasure is, and by these presents for our Heirs, Successors, of our more especial grace, certain knowledge, and mere motion, and of our supreme and absolute authority (which we forbid to be argued, disputed, or brought in question) we do straightly charge and command, all and every person, and persons, whatsoever, of what degree or condition soever, he or they or any of them be, that none of them, other than the said Company, successors, assigns, deputies, servants, factors, or the assigns of some of them, do at any time hereafter attempt, presume or go about any manner of way, directly or indirectly, to transport any moneys, goods or merchandise, out of any our kingdoms into the limits or bounds of the said Summer Islands, or import out of the said Islands, or any part thereof into any foreign parts, or into any of our kingdoms upon pain of forfeiture of all such moneys, goods and merchandise, which shall be so imported, or exported contrary to the true meaning of these presents, and of the Ships and vessels wherein the same shall be so transported, or imported to the use of the said Company, their Successors and assigns; and upon such further pain and penalty, and imprisonment, as by the laws and Statutes of this our realm of England, or by our Prerogative royal, may any way be inflicted or adjudged for their contempt in that behalf. The Copy of another paper, affixed to the Petition, was as followeth: Upon certain weighty considerations presented to us, Subscribed with eightteen hands. We of the Company whose names are subscribed, find ourselves obliged in point of pity and justice to declare our free consent, that the Inhabitants of Summer-Islands be at liberty to dispose of their Tobacco, and other goods, to whom, and how they please for their best advantage; always reserving the Rents of the Company or any members thereof, to the use of the proper landlord. Illustrations or Animadversions upon the heads of the Petition. 1. The Inhabitants have been denied the liberty of their persons. Illust. In a letter from the Company to captain Sail, than sheriff 1638. or thereabout, under the hands of eleven of the Company, there is this straight command, We charge you from his majesty upon like pains viz. (his head) neither to depart yourself, nor to permit or suffer any other to be shipped, &c. The occasion of this Order from the Company; 1. The Inhabitans of the Summer-Islands, had sent forth a Colony to inhabit St. Lucia (one of the Caribee Islands) and many moe straightened for want of land and liberties, intended to have transplanted thither, and had been at charge to make provision aforehand, by sending a small pinnace, and servants thither; but upon this straight command were restrained, and the Colony sent forth, for want of timely supply and aid, were cut off by the adjacent Indians; and many by this means damnified in their estates and lives. The trading party of that Company foresaw that they would soon want Tenants and servants, if a way were opened to the inhabitants of Summer-Islands of more freedom and enlarged subsistence. Also in the government of captain Woodhouse a new oath was devised, every one was to bring forth his Tobacco, and to swear there was all that they had made, and because Mr. Painter, Magistrate, refused to take that oath, and M. Stirk Minister, drawing up a modest Petition to the governor for the non-imposing of it to the prejudice of the Subjects liberties, both were banished the Island; & though the Company of London, did not allow the sentence of banishment, yet they did make no manner of reparation unto M. Painter & M. Stirke upon those who had so censured them. Wil. Righton is at this present under the sentence of banishment by captain Turner the now Deputy governor, because he refused to have his children baptised by Mr. Vyner, though the said Righton, belongs not to any of those tribes to whom M. Vyner was sent to take charge of, An. 1647. by the now governor a council of War was called, and one Feadle was judged (without any other trial) to be tied to the gallows, for words (as it is said) he should speak concerning the governor tending to mutiny; Mr. Painter Magistrate, first wronged, and after railed upon, by one Edwards of the Company in an open letter sent to Summer-Islands, Mr. Painter for returning this answer; Mr. Edward's the oyleman hath done me much wrong, the Lord reward him according to his deeds; was judged by the Company to suffer corporal pains, an exemplary punishment. In the government of captain Tucker, a silly boy, whose name was Deane, for stealing a piece of cheese, was condemned to die, and executed. 2. The Inhabitants may not dispose their proper goods. Illust. Instance in Tobacco (the only staple commodity and means of support to the Inhabitants) which the Company straightly forbids to be disposed of, otherwise then to their Magazeen ship, witness their known practice, and [frequent orders in their letters to their governors and Officers; one of their letters hath it thus, The governor & sheriff, are to be required (as formerly) not to permit any trade at all, either with natives or strangers, nor any Ship or vessel to come and remain there longer than the space of— days, Mr. Steele hath the original letters under the hands of several of the Company. and that only to take in water and provision to supply them in case of necessity and not otherwise. Also in another Letter of the Company, they expressly forbid the Island to trade upon any terms with New England, who at that time wanted cattle, which we could spare, and they had such commodities as we wanted; but neither they, nor we might enjoy the liberty of mutual commerce, surely this savours of want of bowels towards them, and envy to the good of our poor Colony. Witness the Company approving under ten of their hands, their sheriff's act in ceasing the Tobacco traded for by a Dutchman, 1636. for such power the Company gives to the Mr. of the Magazeen ship, requiring the governor and sheriff to be assistant to them; likewise captain Robert Dennis by Commission from the Company, An. 1643. ceased some three or four thousand of Tobacco, traded for by a Merchant of Barnstable ship, with the Inhabitants for shoes, stockings, lockram (commodities which the Inhabitants wanted to cover their nakedness, and the Magazeen ship brought not that year, whose loading (except that which she left by the way at Barbadus, was chiefly salt and Madera wine) and though offer was made by the Merchant to pay penny per pound which the Company claims as their due, yet unless three halfpennies for fraught was added, Dennis would not suffer him to carry away the Tobacco but possessed himself of it as forfeited to the Company, See answ. of Comp. to Mr. Copl. Mr. Steel. this practice had almost put the Island into a mutiny, who hereby enraged, threatened Captain Dennis ship; but by the wisdom and vigilancy of Cap sail our governor, the people were appeased; yea the desire of trade from M. Copeland Minister, in a letter to the Company, hath mutiny in it, so the Court judged in their answer to his witness; captain turner's words at his first coming, who protested in the hearing of many, that if any Inhabitant should refuse to send their Tobacco, home in the Magazeen ship, he would seize on the Tobacco, and imprison their persons; at this present year 1647. he commanded his counsel to take notice what Tobacco every man had, and return the names of such as should refuse to send it home in the Magazeen ship. Instance in other goods, Anno 1636. or thereabout. At a full and honourable Court, liberty was granted unto the Inhabitants to build a pinnace or two, to trade with the Plantations for such commodities as they had (excepting Tobacco) the year following (when some of the Inhabitants to their great cost and hazard had prepared a vessel for that purpose) the Company or part of them, sent express command, 1 That no person should be transplanted, as above, 2. no live cattle, 3. no provision (but upon limited conditions, incompatible with merchandizing, should be sent away. 'Tis as though they had said, you shall build a vessel (if you will) to look upon, and undo yourselves, but shall have no encouragement to employ her. That it was thus ordered by the Bermuda Court, their orders in Mr. Steel's hand can witness. The denial of this freedom of a pinnace once granted, and before revoked, built, was probably the occasion of the loss of Lucia, the lives of many there, and hopes of that plantation, and therein, that addition of honour and revenue to the English Nation: for the Colony sent forth thither from Summer-Islands, engaged their undertakers to supply them with men, and other necessaries, which was that chief cause of building that pinnace, which (before finished) might not be employed to help the Island, or them at Lucia. After this, some of the Inhabitants, craving the concurrence of some of the Company of London, bought a ship, and furnished her with a Cargoe of goods, sit for the plantation of Summer-Islands, which when the Company understood, they made a strict order, forbidding the ship (now ready to set sail) to come at that plantation, till first their Magazeen ship had been there; the Traders feared she would gather up the Dollards which the Spaniards left there the year before, and mar their Market, the hindering this Ships coming to Bermuda, was a great prejudice to that Country, and the undoing of many owners there; for missing that opportunity the ship was lost to them both in hopes and principal. Instance in oranges and Lemons, with which the Country abounds, and most perish for want of use; even these may not be disposed of, until the London Ship (which usually comes out of season) be first served, nor may the Inhabitants dispose of their own Cedar, but by order from the Company; nor any of the Inhabitants have wine, or strong-waters sent them but by order of their Court. Furthermore the Companies censure of Mr. Painter to pay 40 li. Ster. unto Mr. Edward's oyleman (besides corporal and exemplary punishment) for writing to Mr. Edward's as before; yea the Court have ordered that planters in the Island might be prevented of buying shares, desiring rather to keep them racked tenants, and perpetual servants, and yet the Inhabitants who are free of the Company have no more privilege in the Island, than the most wretched tenant. Thus the trading party serve themselves of all the profits, which that poor Island, with the industry of the Plantours produceth. The orders of the Company in the hand of Master Steel can witness, I have not wronged them in the premises. 3. To the third Complaint, Impost upon Tobacco, formerly three halfpennies, since one penny per pound, this years 1647. three halfpennies. First, this Impost was never granted by the consent of the Inhabitants, that I can gather. Secondly, protested against by divers of the Company. Thirdly, and why may it not be lawful (if the trading party will vote it) to take 2d. per pound impost, yea the whole bulk of Tobacco; yea our beds, lands, servants, children; truly, they and their now governor are agreed to take all, as you shall hear afterwards. The ends pretended, not regarded. First, the Commanders in the Island, not supplied with that number of servants, which the book of Orders, and the Companies Law allow. Secondly, but two Ministers, who have salaries paid them, to wit, 40 li. per annum, when yet there are nine public Churches (besides the chapel) to be supplied. Thirdly, the congregation, with the Pastor and Teacher, are compelled to pay Impost out of their Tobacco towards the maintenance of the universal Ministers sent by the Company, when yet they attend not their ministry, nor were they sent to the most of them, nor hath the Pastor or Teacher the least allowance from the Company: truly the singing men and Porters under Artaxerxes in the time of the Babylonian captivity found better usage; for it was decreed concerning them, that it should not be lawful to impose tol, tribute, or custom upon them Ezra 7. 24. Fourthly, no considerable quantity of Ammunition and arms, to secure so considerrable a Garrison. And all the use the Ammunition serveth to (for present) is to keep in awe the Independents; for when captain sail was in the Harbour, with a small ship, with some twenty men captain Turner kept a guard, pretending fears, but when a Spanish ship was wracked, and a hundred of soldiers, & seamen came a shore; and most of the Inhabitants of ability gone aboard, * But dismissed the guard before the pretence of fear was removed. no appearance of a guard. Captain Turner had another game in chase, the nine hogsheads of corn paid him by the Country for the former guard, is a trifle to what he rakes now from the Spaniards, without regard of justice or civility. 5. Debts not paid by the Company, no satisfying account given the Country. The Company had in stock about Anno 1637. eleven hundred pound Sterlin, were in debt Anno 1647. eighteen hundred pound have had yearlly for impost upon the Tobacco, three hundred, four hundred, it may be five hundred pound Sterlin; we know of little in comparison laid out for the good of the country, or honour of the Company, and yet a new tax is levied with pretence to pay debts: The Company will never be out of debt, whiles they know to pay themselves out of the Tobacco of the Country. Captain Butler when his time of government was expired, coming to London, sued the Company, and recovered damage, the which was levied upon the shares, even theirs who had done no wrong. In Anno 1635. or thereabouts; the Traders of the Company bought the plantors' Tobacco, and agreed for a price; but the price of Tobacco falling, they turned it upon the Plantors, to their exceeding damage. Fourthly, excessive fraught, to wit, three halfpennies per pound; first, the Tobacco for the seven or eight years have seldom yielded more to the Plantors in the Island, Secondly, other Plantations, viz. Virginia, Christopher's, &c. who trade with what ships they will, pay not above penny per pound, and yet the distance between them and England is greater. Excessive rates set on merchant's goods. This the paper affixed to the Petition witnesseth, as the sense of the Inhabitants, yea of the Assembly, the choice friends of the trading party: nor will men wonder, who consider the state of the Inhabitants who must trade with no ships but the Company, and must have their goods, or go naked, and at their prices, and the Company ship their Tobacco, or it must perish, and at their price too, not allowing in goods for Tobacco above two pence per pound, which at first penny amounts not to above one penny per pound; yet I must not wrong the trading Company, for Anno 1647. they sent little or no goods to supply the country, their Cargo and Purser stayed at Barbadus, where is better trading, and sent the ship to make a fraught out of the country's Tobacco. The truth is, had not providence put the inhabitants into a way of weaving Cotten, which they buy for pork, beef, and Fish, of one ship or other (upon hard terms) trading between them and Barbadoes, the Inhabitants had long since turned Adamites out of necessity. I have heard some passionately profess that if the Company would take care to feed and clothe them and theirs, they should bore their ears, and they would be their servants for ever: and now let the world judge what Masters they serve. I could add much more, and tell the world, of particular wrongs, offered by some members of that Company, to the poor Plantors here, but I spare them, as not the miscarriage of the body, with whom I have to deal, and not with the body neither, but with the feet and toes of it. I proceed now to reflect on the government in the Island, Qu. 47. A crooked bark fellow brought a private letter, and had 5 l. allowed. 1. Branch of the fifth gen. head. as it lies in order in the Petition, confining myself to the time since captain Turner was sent over by the trading party, who being one of them, acts their principles, and from beginning told us of private instructions, under which (its like) we have suffered much, though not under that plea, but by an assumed power, and a high hand. I shall branch the fifth head into particulars: First, captain Turner refused to take his oath at his instalment, which other Governors never did, this will be witnessed by men of fidelity; if he hath since taken it before his counsel in a clandestine manner, it is unknown to us, and I suppose (if done at all) it was near two years after he took his place. I mean not the oath of Supremacy, allegiance, or Covenant, but that proper to the deputy-governor of Summer-Islands. His excuse was, he took it in England, but that was denied by the Deputy and Secretary of that Company in open Court. Secondly, Bran. 2. calls an assembly, pretending the Company so ordered it; but that also was denied, and the laws of the Company say, the second year it may be lawful for the governor to call an Assembly, he within twenty days. 'Tis probable this plot was laid at Barbadus, where captain Turner meeting with captain Parker (who not long before stole away from Barmuda thither, and since (Coming well from his companions) in his way homeward, died of an impostume, blood issuing out of his mouth, ears, and nostrils.) The grand engineer of trouble to the Congregation in Summer-Islands, put captain Turner upon this design, and named the men fittest to act therein, who for the most part were made choice of. This Assembly thus met, call themselves a grave Assembly. Truly there were many grave and grey headed drunkards of that * Concilium or rather Conciliabulum. Convention, who proved the grave of piety, justice, and civility. But this is too low a style for them, therefore (by their Speaker) they are called a Parliament, and by the governor summoned down under the name of Burgesses, that under this pretence, without respect to the Parliament of England or Company under whom they stand, they might exercise an independent power over the Congregation. Thirdly, being met, an oath of secrecy is imposed, viz. You shall swear by all means to conceal the secrets of the house, Bran. 3. and not impart or discover, either by word or writing, or by any other means to any one not being of this present Assembly, the passages or carriage of any affairs or business that shall be treated of, and disputed during the whole time of the sitting, and continuance of the said Assembly, &c. I shall not tell you how their grave wisdoms, spent seven or eight days in little else then finding out who it was should say a coal merchant was come our governor, as though this had been a greater disparagement, Then to feed Hogs and Ducks, cleanse ponds, and such like drudgery. I proceed to higher transactions. Fourthly, Bran. 4. they make new laws viz. of purpose to snare the Congregation. Dongson of the Assembly at Assizes, when one of the Congregation pleaded he had transgressed no Law of England, answered, you have transgressed our laws, otherwise we could have had no advantage against you. An Act for casting out Independent Magistrates and Commanders. WHereas by common experience we find, Act. that where people will not readily and cheerfully obey the laws, Orders, Rules, Government, under which they live, undoubtedly there must follow upon that state and people, inevitable misery and confusion: And the rather when the Magistrates, and those who fill the seats of justice shall apparently withstand the same. Now whereas we the Inhabitants of the Summer-Islands have at this present many Magistrates and public Officers placed over us, members of the Independent Church, and will not yield obedience to the established fundamental laws of the King, nor yet submit to the Ordinance of the high Court of Parliament, Nota. nor direction of the honourable Company. We the general Assembly, Audactur calumniare &. aliquid adherebit. for prevention of so great disturbance which we have cause to fear may suddenly fall upon us, by the power of those Magistrates, Independent Covenanters desire it should be enacted; And by the power and authority of the general Assembly, be it enacted, That no manner of person, or persons, who hath or have entered into Covenant, To this day our adversaries cannot prove any of these things against us. and is admitted a member of the Independent Church, being at this present, a public Officer or Magistrate, and being hereof lawfully convicted, by proof, or his, or their own confession, shall ipso facto be discharged from his or their office or offices of command, and others chosen to their places by this Assembly, Joh. Vaughan, Secretary. Dat. 14. April 1646. This Act was forthwith put in execution, before any crime was objected or proved against them whom it did concern. Die Jovis 16. July 1646. WHereas at the a At the former sitting, they rose and adjourned not, and yet they sit again as though clothed with full power. last sitting of this present general Assembly, it was amongst other things, enacted, That all manner of Ministers, and other persons, inhabiting, and residing within these Islands should conform themselves in all things touching the public worship of God in obedience to the Directory of the Parliament of England: And whereas Mr. Nath. White, Mr. Pa●rick Copland, and Mr. Wil. Golding, and divers other persons adhering to them, have most presumptuously in contempt of authority taken upon them to congregate themselves together in a public place of meeting, and there set up a new form of Discipline according to their own wills, not acquainting the governor and council here; although by their petition to the Honourable Houses of Parliament, they promise obedience to the civil Magistrate, b They had allowance from the Company, and by an order of Parliament which practice of theirs is against the laws and government of this place, hereby drawing unto them many of the Inhabitants from their Parish Churches, upon such days and times, as our faithful Ministers, now sent unto us by the honourable Company are exercising the ministry in preaching God's word unto the people, and have likewise received into their Church-covenant divers and sundry persons contrary to all laws and rules of government, which doings of theirs, if not timely prevented, must and will be destructive to the long established peace of these Islands. Wherefore this Grave and general Assembly do order, and by the authority and power of the same be it ordered, that the said M. White, Mr. Copland, and Mr. Golding, and other members of their congregation; nor all, nor any of them, do from henceforth presume to practice, or set up any other discipline or order in Church-government, other than what is commanded by Parliament and Directory set forth unto us. And we do further order by the Authority aforesaid, that no manner of person or persons inhabiting within these Islands shall or do hereafter presume, to enter into Covenant with them to be of their congregation, nor bring in their children to be baptised, or any marriage solemnised by them, they being not in our judgements, capable to perform the ministerial function or administer either Sacraments. Having c They laid down only what they had from the Bishops. laid down their ministry, and declared themselves to be but laymen, but these duties shall be performed by our Ministers, already conformable to the Ordinance aforesaid. And likewise be it further ordered that no person or persons inhabiting within these Islands, shall absent themselves from their own Parish-Churches, unless to such Churches where our Ministers shall be then teaching upon such pain and punishment as shall be thought fit upon high contemners of Authority, d They proclaim to the world that they govern arbitrarily. as to the governor and council for the time being, shall be thought expedient. John Vaughan Secretary. Ordered to be published throughout these Islands. This Act was sent forth with a Proclamation to put life into it; which was as followeth: By the governor and council, July 18. An. 1646. WHereas it pleased Almighty God to design me for this place, and the honourable Company reposed the trust and government of these Islands into my hands: I have hitherto endeavoured with all mildness and meekness of spirit, to gain a right understanding in and to the manners and orders of the people in these Islands, and have (through God's providence) discerned divers ill-affected people, which are refractory to the laws, and long established Government of Church and State here established, and observed by my Worthy Predecessors, in consideration whereof, we the governors and council, for the prevention of the evil that may ensue, do by this my Proclamation declare unto all his majesty's loving Subjects inhabiting within in these Islands, that we do expect the like conformity unto all his majesty's laws and Statutes, and to the Acts and Orders made and established to be observed in these Islands, as our predecessors might have, had, or should have; assuring all those that shall persist in their wilful disobedience to the power and authority derived from the honourable Company by virtue of the letter patents granted by his Majesty King James of blessed memory unto them, Summum jus, summa injuria. and from them unto us; to proceed against e bona verba. such, to the full measure of their demerits, being too sensible how my lenity and mild behaviour towards some, hath been slighted, and experimentally too to much abused; But for such as will endeavour to live in the fear of God, and in obedience to the laws, I shall both by my state and person endeavour to maintain them in their rights and just privileges; and whereas (with grief of heart I speak it) there is a party in these Islands, that have withdrawn themselves, not only from the rules of civil Government, which are prescribed and warranted unto us to walk by, but also have of their own inventions set up, and imposed a discipline, and bound them in covenant to observe the same without my f The congregation was gathered before Cap. turner's governourship at least two years. privity or consent, which rule and order, or rather indeed disorder (as I may justly term it) being not warrantable by the Parliament, and Synod in England, but otherwise commanded by that Authority and Directory set forth to us. Wherefore I have been enforced, with the advice and consent of my council and Assembly, to make and set forth an order, thereby to declare the danger of such unnatural division, tending to the subversion of the known laws, and orders of Church and State. And I do hereby in his majesty's name, will and require, all the Inhabitants of these Islands, to yield due obedience to the same, as they and every of them may avoid the penalty due to contemners of Authority, and as they tender the peace and quietness of this Colony. And moreover, I charge, and require all counsellors, Justices, Church-officers, Constables, Head-boroughs, and all, and every his majesty's Subjects to yield obedience to the order annexed, and to all the Laws and Acts made, and set forth in and by this present Assembly, and all such as shall be g Cap. Turner Kings it bravely in his expression. dissoyall to authority, or disobedient herein, I charge and require the Officers aforesaid respectively in their several tribes, to be vigilant and careful to take notice of all such as shall in the least degree oppose this my Command; and them, and every of them, of what condition or quality soever they be, to bring them before me to be proceeded against as contemners of the Laws, and utter enemies to the peace and safety of this Colony. I do further require, that this Proclamation be published in all the Churches and public meetings, together with the order above mentioned. Given under my hand at my house, at S. George's the day and year aforesaid. Tho. Turner. The intelligent Reader will easily discern the contradictions between the Order and Proclamations, the Order requires obedience to the Directory of Parliament; the Proclamation, conformity to the laws, Acts, and Orders established ●o be observed by his Worthy predecessors; now in his predecessors time the Directory was not in being, but the episcopal way. They made a Law forbidding rests upon the Sabbath day. A Proclamation May 19 An. 1647. By the governor, WHereas an Order of Assembly bearing date, Die Jovis, 16. of July 1646. with a Proclamation thereunto annexed, and ordered to be published in all the Churches of the Islands, thereby requiring conformity to that order, and to all other orders here established to be observed as h This mock Parliament assumes legislative power. a Law: And for as much as since the publishing hereof, I have manifestly found divers ill-affected people (contemners of our government) have not only slighted our authority, but have and i woe to them who make lies their refuge. do contemn the power and authority of the honourable Company and Parliament, and have drawn themselves from the discipline, and orders established to be observed in our Church-government, and ever since continued in disobedience and contempt of our laws, and Government, endeavouring the subversion of the same to the continual disturbance of our peace k The wicked are like the troubled sea. and quietness in these Islands. In tender consideration whereof, and out of zeal to God's glory, and the hallowing of his Sabbath, which of late hath been too much polluted, and blasphemed, by reason of our unnatural division: I do therefore in his majesty's name, and by virtue of the power given to me by the honourable Company and Parliament, straightly will and require all the Justices, Constables, and all other officers, with all, and every his majesty's subjects to take special notice of the aforesaid Order, and Proclamation. And that every Justice in his respective tribe, do immediately apprehend all manner of person, and persons, that have gone contrary to that Order or Proclamation, or hereafter shall do contrary to the same. And the persons so offending to bind over with two sufficient sureties to answer their contempt at the next general Assizes, and such as shall not give sureties, that they be forthwith committed to prison, to be proceeded against according m And the governor, and his counsel must be the judges. to their demerits. And of this I shall require a continual and strict account, as you, and every of you will answer the contrary at your peril. Tho. Turner. Dated 19 May, 1647. Ordered to be published the next Sabbath day. An Act for the suppressing of all such persons, that under the name of Independents have separated themselves from the Discipline which is held forth unto us in these Islands. WHereas through the providence of Almighty God, This poor Plantation from the foundation hitherto, hath enjoyed, and hath been partaker of many gracious blessings, whereby every poor Plantor might, and that (through the goodness of the same God) may sit and enjoy n Their own language. under their own vines, while divers other Countries through o Nota. apostasy and Rebellion, do welter in their own blood. And as the Lord, who is just in all his ways, and righteous in all his judgements, doth threaten us likewise, intimating thereby, that by reason of our sins we have deserved the same measure of punishment to fall upon us. (The Lord of his mercy prevent it.) And whereas likewise the Lord hath ordained wholesome laws and Orders for the punishment of vice p Independency. and for the maintenance of true Religion and virtue. In tender consideration thereof, and in regard of the trust reposed in us, and confirmed upon us by the fundamental laws, and laudable customs of the kingdom of England, we have taken notice of sundry persons men and women that have withdrawn themselves in their q O ye sons of men how long will you seek after leasing. Ps. 4. allegiance from his Majesty in their obedience from the honourable Parliament and Company, and from the laws and Ordinances thence derived, and here established to be observed in Church and State. It is therefore by this present Assembly enacted, and by power and authority thereof, be it enacted, That all and every person and persons which shall not immediately after the publishing hereof conform themselves and be obedient to our Laws, That by virtue hereof from henceforth they be reputed and esteemed r See how their esta●es and lives are in danger. as malignants, and utter enemies to the peace and quiet government of these Islands. And be it further enacted by the Authority aforesaid, That each counsellor in his or their several Trybes, with the assistance of the Constables, and as many other as shall be needful, do demand and take sufficient sureties for the good behaviour from every person and persons, that shall refuse conformity, the principal in 5 l. Ster. and the sureties in 50 s. a piece. And such as shall refuse to give such you security, that the counsellor aforesaid do seize their estates, as opposers and contemners of our laws and Government. And be it also enacted, that from henceforth no public meetings or Conventicles be frequented, either at the Mill-house, or any other place in these Islands, upon pain of 20 s. for every one so offending, to be levied for public uses, and such as shall not be able to pay, to be sent down to work at the Colony, until the said 20 s. be satisfied, provided that family duties be not prohibited or neglected: And for their disobedience to our former Orders; We also enact, and by the same power be it enacted, That every person and persons that hath so offended shall be forthwith seized, according to an Ordinance of Parliament, dated Westminster Aug. 23. 1645. s Contradiction. provided always that it is the sense and meaning of this present Assembly, That all manner of person and persons, that shall yield obedience to civil authority, and live henceforth in all godliness and honesty, shall have protection, immunity, and freedom from all trouble and molestation, by or from any ceremony, or imposition in matters of God's worship, according to the Order of the right Honourable Committee of Lords and Commons ordained for the Plantations. And we do further order by Authority aforesaid, that this present Act be forthwith published, observed, and duly put in execution upon the penalty before specified on the delinquents part, and under the pain and penalty of 5 l. Ster. to be imposed on every officer that shall be remiss or slack therein, and to be cashered from his or their places; provided nevertheless that it is our intent and meaning that this Act be in force until the honourable Company by due order of their Court, shall alter or make void the same; any Law, Order heretofore made to the contrary thereof, or to any part or parcel thereof in any wise notwithstanding. Joh. Vaughan, Secret. Charles Whittenhall, Speak. June 25. 1647. I desire wise men would weigh what that passage import (Apostasy, and Rebellion) whether apostasy relates not to the episcopal way, and Rebellion, to the just defence of Parliament against an open Enemy? This look like tyranny. Also the act provides that in some case, the whole estate be seized, and yet after a forfeiture of 20 s. is added, or vassalage adjudged in case not able to pay. An Act for enforcing such as either causlessely neglect the Sacrament of the Lord's Supper 〈◊〉 wilfully refuse to have their children baptised. WHereas there are now amongst us too many men and women, who savour of Anabaptizme, and do either neglect, or out of wilfulness refuse to have their children baptised: It is therefore enacted by the present Assembly, and by the power there of be it enacted, That from henceforth every person or persons upon the next Sabbath or Sermon-day within the Tribe, wherein any child is, or shall hereafter be borne, shall bring their children to be baptised, if conveniency permit; but if conveniency will not permit, than such children shall be brought the next Sermon-day following, upon pain of 5 l Ster. to be levied upon every offender for general uses, provided that this reach not to the baptising of Bastards or Negroes children. And be it further enacted by the Authority aforesaid, that every person and persons, do receive the Sacrament of the Lord's Supper in his, or their now Tribe wherein they dwell, at such times, as by our Ministers they shall be u Nota. prepared for the same, and such as shall negligently refuse to come to be examined, and to receive at the hands of our Ministers, M. William Vyner, or M. Tho. Hooper, who are for the time being, or such other Ministers as shall be conformable to the Directory, such person or persons being found capable, shall be liable to one w Fides suadenda est non impera ida. months' imprisonment, without bail or mainprize; and if he or they will not then conform, 40 s. shall be levied for every such default for public uses. John Vaughan, Secret. An Act for the establishing the Right worshipful our governor to have the command of the Castle in his own hands, and all the land, and commodities and profits thereunto belonging. TAking into consideration the weakness of our Castle and Forts, which are the keys and Bulwarks of these Islands, against a foreign and domestic Enemy, the sad experience of our present condition being sufficient motives to rouse up, and to shake off dull security, to use all lawful means for the preservation of this poor Plantation in peace and quiet government. It is therefore enacted by this present general Assembly, and by the power and authority of the same be it enacted, that our present governor do continue the command of the King's Castle in his own power, with all the land, servants, and other privileges, and commodities to the same belonging, and to place there such Officers under him, as he shall find both faithful, and able to discharge the trust, and to dispose of several Forts, to his discretion, being of right belonging to him as he is by Commission captain general of all these Islands, provided always that this Act be in force until we receive answer of the last general letters, or until the honourable Company do alter or make void the same, any Order or Commission heretofore had, or which x Though from the power of Parliament▪ hereafter may entrench the honourable Resolution to the said letters in any wise notwithstanding. John Vaughan Secret. Charles Whittenall Speaker. June 25. An. 1647. Thus I have given the world an account of some of the laws enacted by this Grave Assembly, leaving the godly-wise to judge of them; We now proceed. They enforce these laws, Bran. 6. viz. by their sole power. Instance, 1. The Magistrates, under the odium of Independents (though standing by power of Parliament and Company) are ipso facto discharged of their place, and others chosen by the governor and his council. Instance Andrew Bromlow, Samuel Wise, William Reighton, had their cattle distrained upon the breach of that Act, requiring the baptising Infants, supra. M Jenor, and one Philip Clemons wife, were sent down as prisoners to the governor, for not frequenting their Parish Church. The whole Congregation, and their friends, keeping a Fast at their usual place of meeting, upon a day appointed by the governor (but the governor not approving that place) by warrant commanded them to town, who going together in their boats, he would not suffer them to land, but sent his martial to choose out some ten of them, whom he detained prisoners eight days, and when he dismissed them, he confined them, and the rest of the Congregation to their own Plantations, withal binding them over to answer it at the Assizes, only reserving to them the liberty of fishing, and hearing the word. Imprisons men at pleasure. Bran. 7. Instance Lieutenant John Davis, who was by the censure of the house committed close prisoner, and cast forth of the Assembly, for saying that what the Assembly did, was of no force till confirmed by the Company. They pretended this was a breach of the oath of secrecy, when yet they be the express words of the Companies Printed laws, which all the Inhabitants are bound to take notice of. This Davis was not for their turn, though no Independent, therefore they sought this occasion against him. Instance the imprisonment of M. Wilkinson, M. Reyner, M. More one whole month, protesting against the Assemblies meeting a second time, and others of their proceedings at first sitting; and because the world shall see what was done by those Magistrates, had no mutiny in it: I shall give you a copy of their protest, and the Assemblies censure thereupon, viz. Right worshipful governor, WHereas your warrants are issued forth to command all such persons who are under the name of Burgesses, to tender their attendance at George's town, pretending their meeting to be for the ordering things tending to the safety of this Island, we of your council whose names are subscribed, do crave leave of your Worship, to deliver our judgements of the same. 1. We conceive, that this which you call an Assembly, to be no other but an Innovation, having neither Precept nor Order, from the honourable Company, nor precedent in this Island for it. 2. That in the former meetings of these persons now convened, was handled, maintained, and (as they would have it) acted, things absolutely contradictory to Order of Parliament, and the honourable Company. 3. Rumor being spread by some of these parties, that at this meeting, they will quite put down the preaching of the word, by those faithful Ministers of Christ, M. White, M. Copland, and M. Golding, though by Parliament and honourable Company allowed. 4. Certain of those persons now convened, insinuating into your Worships, that the whole country (with urgency) solicited this meeting, which we find not to be according to truth, with much more which we sorbeare to relate till a hearing before the High Court of Parliament, and Honourable Company in England be made, to which we appeal, and in the mean time declare we may not, we dare not (for the glory of God) the safety of this Island, and our just obedience to the trust by higher powers reposed in us) comply with this your meeting, nor the putting into execution any thing that there shall be, or heretofore hath been by them agitated, till heard and confirmed by the honourable Company in England, who have not been defective to express their minds in that point to that purpose. And as by necessity enforced, do crave your worship's protection for our peaceable being in this place, till we, or such of us as by the mercy of God shall receive opportunity for transporting ourselves unto the Honourable Court of Parliament and Company, for redress of such grievances raised and fomented by those persons now convened; and humbly pray we may in behalf of the Parliament and Company, have liberty to take such attestations, as may be needful for the maintenance of the premises. Subscribed, Wil. sail. Wil. Reyner. Wil. Wilkinson: Joseph More. July 21. 1646. The Assemblies censure upon this paper, July 13. 1646. UPon dispute of a scandalous paper brought in as a charge against the power and proceedings of this Assembly under the hands of captain Sail, Mr. Reaner sheriff, Mr. Wilkinson, and Mr. Moor, the said Mr. Reyner standing to justify the same, to the derogation of the power of Parliament of England, the power and privilege of the Honourable Company, and the subversion of the government of this place, upon e Not half an hour. mature debate had of the premises, it was voted and ordered by the whole Assembly, that M. Reyner should be committed to the Marshalsey during the pleasure of this Assembly and be suspended from bearing office in this Island, with reference to the Honourable Company, Mr. Wilkinson, and Mr. Moor, being severally examined did likewise, in contempt of the Court, and power thereof justify the same paper, and contrary to their oaths refuse their assistance, and voluntarily deserted their places, thereupon were both censured by the general vote, ut supra. John Vaughan Secret. Let wise men judge what weak Logicians these Grave Assembly be, who take in more into the conclusion, than the premises will bear. We proceed, Imprisoned one Watkins, upon suspicion of crime, whereof he had been formerly acquitted at an open Assizes, nor could the Grave Assembly fasten any new matter upon him, but after some day's imprisonment dismissed him. Instance the imprisoning of Mr. White, themselves cannot say for what; one whiles they pretend words spoken by him, in deregation to the Company, which (if spoken) would not bear an action at Common law, to which Mr. White appealed, under this pretence he was prisoner fifteen weeks. After some respite M. White was again imprisoned six weeks, the pretence I know not, after (their malice being restless) there is a special warrant (without any name) issued forth. It runs thus, You shall apprehend and send down to prison, the first, and so the second that preach at the Mill (so they in scorn call the place where the Congregation meeteth) who yet refuse to allow them so much as the chapel to exercise in) by virtue of this nameless warrant, Mr. White upon a Lord's day was apprehended by the Head-burrow of Paget's Tribe (who a few weeks before was tied to the gallows for pretended words of mutiny.) Who, assisted with some twenty Apprentices of Paget's Tribe, sent Mr. White to prison, where he remained for several weeks, since that the governor and council have fancied concealment of treason against him, for words as they pretend spoken in his hearing some four year since; and upon this colour they keep him prisoner, notwithstanding captain Turner offered to give Mr. White his a Who now is the best subjects liberty, if he would be bound to wave the care of the Congregation; and now the governor speaks like himself, and profess the quarrel to be against the gospel; at the next b Councell-tables are the law of the Island, where quicquid libet, licet. Pet. council table, they order Mr. White should be sent home prisoner, whom I leave to make relation of the insufferable wrongs done him, and the shields of the earth to right him against such high oppression. Instance, The imprisoning of Robert Nalton seven weeks, because he would not be dispossessed by the governors warrant, of that house and land, on which he lived, but appealed to the Assizes, for a legal trial; during the time of whose imprisonment: another was possessed of the land, and house, and all the goods therein; nor might the said Nalton be released out of prison, till he would submit to the governor's order under his hand, or be bound to his good behaviour, the later he was forced unto. If I mistake not, this proceeding was not only Arbitrary, but hath Tyranny in it. Instance, the close and straight imprisoning of Mr. Kestaven; and fining him 50 l. for presenting, and Mr. Reyner jun. in like manner for writing a Petition, for the satisfaction of the world about this proceed. I shall give a copy of the Petition, with the governor's answer, as followeth: To the Right worshipful captain Thomas Turner governor, and captain general of these Islands, with the worshipful his council. The humble Petition of certain Inhabitants of the Summer-Islands. THat whereas the Honourable Court of Parliament at Westminster in England, Submissively showeth. have by their high power and authority granted licence unto M. Nath. White, and to all that shall adjoin themselves unto him, to exercise the liberty of conscience in matters of God's worship, with all immunities and privileges thereunto, desiring the honourable Committee in power for the government of the Plantations in America (whereof the state of England takes the Summer-Islands for a parcel) to see their honourable grant executed, who under their command, with their hands and seals have given and transmitted unto your Worship to observe and perform, as also the honourable Company for this Plantation, granting under their hands and seals the foresaid Ministers, sundry liberties and privileges in the aforesaid matters of worship, with your own Acts in that your late Assembly, therein allowing that liberty so granted, as aforesaid; but of late threatened (by what means we know not) with molestation and trouble, we your Petitioners protesting to yield and render all due honour to your authority, & respect to your persons, endeavouring by all means to avoid all occasion of actual offence, humbly pray these aforesaid liberties may by you be allowed, and against our adversaries maintained; so shall you be instruments of God's great glory, reap the prayers of the Saints, and we your Petitioners be obliged at the Throne of grace for you. Subscribed with about a hundred hands. The issue was, the Assembly is called, and an Answer returned unto the Petition as followeth. FOr as much as you challenge the High and Honourable Court of Parliament in the kingdom of England, to have granted licence unto Mr. White, Mr. Copland, and Mr. Golding, whom you call Ministers (the which themselves have denied) and thereby free power to exercise the liberty of their consciences in matters of God's worship. In answer hereunto, we say, That the Honourable Parliament, have given them no such liberty, but upon the Petition of divers Inhabitants in Summer-Islands, with such others as shall adjoin themselves to them, that they without molestation have, and enjoy the liberty of their consciences, But not to exercise, we find no such word mentioned, and the Honourable Committee hath given them protection and freedom, from any Ceremony or Imposition in matters of God's worship: all which we never denied, but c A superlative power, this our Parliament confirms what the Parliamen of England doth. confirmed by an Act of our Assembly; neither do I believe, that any amongst them hath cause to complain of any such imposition, since my coming, unless it be the Innovation which they wilfully run into, In answer to the request of you who are the Petitioners, most or all of you being d Not to be drunkards, filthy persons, swearers, known to us, or most of us, we speak unto you as in the presence of the Almighty God, we have not the least thought to entrench upon your liberties, or privileges, or confine your consciences, so that you practice things lawful, if the contrary, the law will reduce you; we shall expect reformation in you by your obedience to Authority, and we desire to live in love, and amity with you, and so by God's blessing we doubt not of your compliance, and your conformity. Signed John Vaughan. Secret. The Imprisoning of Mr. Copland, an aged and reverend preacher many weeks for exexcising on a fast day at the Mill (as they call it) the day was by Proclamation allowed by the governor, but the place liked him not. Also a second time he was imprisoned, the governor pretending Mr. Copland should say, That the devil in the governor and his council had cast some of the Church into prison, and before Mr. Copland could be released, he must be bound to his good behaviour, who asking the governor what would break his behaviour, he replied, if you preach again; to which Mr. Copland answered, Sir I knew not till now, that preaching was a breach of the good behaviour. Instance, the imprisoning of John Bristol ten days, and fining him three hundred pound of Tobacco, because he would not deliver the keys of his hired house, unto the governors new marshal, without the consent of the Landlord, or the governors express command; and for that the said Bristol (the Marshal) took M. White committed to his charge, till the governor should secure him. This Bristol was no wise peccant in his office by the governors own profession, he is no Independent, but an honest man, and not for the governors turn. Instance the imprisoning of Mr. Moor, for saying he was counsellor (as he thought) of Paget's Tribe, and therefore refused to pay his levy, and before his censure or imprisonment. The London ship arrived, and Mr. Moor was chosen counsellor (as he had information it should be) by the Company, yet is he committed to common gaol, and denied the place of e Nequid usquam honesti oculis occurrat. Bran. 8. counsellor notwithstanding the Companies order. Capt. Turner knows no authority above himself, but is come in conqueror over the Summer Islands. Slighted the power of Parliament, which appears, First, by denying the liberty granted M. White, and others, by that supreme Court. Secondly, by the words spoken in the Assembly (the governor present) by Th. Would a member thereof, when that foresaid grant was publicly read, it is said he, but a piece of parchment, and a little wax. Thirdly, by that secret charge of apostasy and Rebellion on Parliament and Nation. See the act for suppressing Independents, supra. Fourthly, by the anticipation of any power to possess the King's Castle, except from the Company. See act for the establishing captain Turner to have the command of the Castle in his own hand, supra. Fifthly, their slighting the Ordinance and power granted to the Committee for the American plantations, When pleaded by the Magistrates against the Act for casting them out. The governor and Assembly turned out of place, Bran. 9 Magistrates of known integrity; which is first against the Ordinance of Parliament to the Committee of Plantations then pleaded to by the Magistrates, but none regarded the power and authority thereof. Secondly, It is also against the Companies Declaration, which was likewise urged but without success, in which course the governor and council still persist, for Anno 1647. Mr. Moor chosen counsellor by the Company was rejected; likewise captain Turner making an overture in the vacancy of a counsellor in smith's Tribe, that the Tribe should have liberty of naming two men, and he with his council would agree to choose one of them; but when it came to acting, the governor set by the men in nomination, and chose one Thomas Burrows formerly censured at an Assizes, as unworthy to bear the place of Constable for misdemeanours there proved against him. Of known integrity to the Parliament. This Island (Captain sail being governor assisted with the council, since cast out by Captain Turner) owned the Parliament, when the most of the Plantation stood either neuter, or in open defiance to it; the report whereof occasioned one Ferns a King's Man of war to make prize of goods belonging to captain sail and other friends to the Parliament, to their damage at least five hundred pound. The governor forbids appeals. Bran. 10. The Magistrates aforementioned after some day's imprisonment, sent their appeal to the Parliament and Company unto the governor; but were kept in prison, at least three weeks after; Mr. White hath been denied his appeal to the Assizes held in this Island, to Honourable Committee, and High Court of Parliament. So in Robert Naltons' cause, whose appeal to Assizes would not be granted, the governor at council table is above all. The governor with his Assembly forbids Ministers to preach, witness the order of Assembly, Bran. 11. which is as followeth: Die Mercuriae 29. Aprilis 1646. WHereas we find by daily experience what great distractions doth arise, Tyrannis boni quem mali suspectiores sunt semperquae aliena virtus, formidolosa est. Sallust. by the intrusions of M. White, M. Copland, and M. Golding, into our Churches, who will not conform themselves to the Directory of Parliament, to the great disturbance of the present Ministers, and other well disposed people; We the general Assembly tendering the peace and well-governing of the Church of God, and for the prevention of further mischief, do order, and prohibit the said M. White, M. Copland, and Mr. Golding to preach in any of our Churches or chapels, unless they submit to the Directory of Parliament as aforesaid; not prohibiting them to exercise their gifts, according to the extent and limitation given unto them by the High Court of Parliament, until we receive further order and direction from them. Ordered that this be sent under the clerk's hand, to the said Mr. White, Mr. Copland and Mr. Golding. John Vaughan Secret. This Order hath no truth in it, unless, in that passage, to the great disturbance of the present Ministers; to wit, Mr. Vyner, M. Hooper, both of them professing they will administer no Sacrament (which yet was the condition they made with the Company) to the people of those Tribes, where M▪ White, or M. Golding, should be suffered to preach publicly, the only engine to keep up the spirits of the people in opposition to M. White, and M. Golding. These Ministers whom the Assembly silence, are allowed by the Company, sent over by them at first with approbation. Secondly, even since the difference about the congregational way, the Company wrote thus unto M. Copland and M. Golding, for the satisfaction of the people, we have sent over two Ministers, who (we doubt not) will be ready according to the Directory to give them due satisfaction in point of administering Sacraments and Marriage. We will not take upon us to prescribe you any thing. Our desire is, that you and they, as fellow labourers may join hand in hand, for the good of the people. We are far from pressing you against your consciences, we know well, that conscience is a tender thing, and must be tenderly dealt withal. Your own discretion (we doubt not) will sufficiently instruct you to be peaceable, not to vent yourselves one against another in the Pulpit, but to mind your main work which (as we conceive is) to preach Christ to the people, &c. Subscribed with nine of the Companies hands. Now our adversaries cannot charge us with disobedience, unto the wise, and Religious counsel given by the Company in this their letter: though (to our faces) and in the hearing of others, we and the Congregation have been in Pulpits charged with schism, heresy, Errors, to be as Chora●, Dathan, and Abiram, the disease of the land, and the Magistrate (as physicians) stirred up to cut us off, and resembled to Samson's foxes with firebrands at their tails, and (to bring us yet further into contempt) the people have been publicly taught, that God is not present at the Mill (though Christ saith, two shall be grinding at the Mill, the one taken, and the other left) with such like stuff, which we forbear to publish; whose labour were desired by the people. The most considerable of Sandios Tribe petitioned the governor to enjoy M. White's ministry, and many of smith's tribe, M. Goldings; but the governor would not harken to the desires of either, and yet (if we may believe him, and I have heard him speak it forty times) he doth all for the glory of God, and the good of the Country. Conceals good orders. Bran. 12. An. 1647. The Company required that the Congregation should enjoy their liberty and the chapel to exercise in, this the governor conceals from the Congregation, and makes the people believe, there is no such liberty granted to the Congregation, stengthens the hands of lewd persons. Those private Instructions which the governor termed (as it is said) a box of poison, were doubtlessly communicated to his Assembly, else they durst not have proceeded with so high a hand against the Congregation. Also the letter that went in captain Sail's ship, carried by a crooked fellow, supra An. 47. With many other vexatious ways. Bran. 13. 1. Instance, The governor swears men, to their own damage. Vexatious ways. Secondly, by warrant caused eighteeen men of Sandy's tribe to appear at Georges (twenty miles distance,) before the Assembly met a second time, because under their hands they signified, they desired not that the Assembly should so meet. Also many of Paget's Tribe were molested upon the same pretence, by warrant commanded Tho. Bostwick, and one ochre, to answer their contempt for being active in getting hands to a Petition to the Assembly, desiring them to mediate with the Company for free trade. Likewise the governor sent forth a warrant to apprehend Mr. John Somersale as felon upon supposition, he would refuse to obey the warrant of the Assembly met a second time, against which Assembly, he the said Somersale one of them, had openly protested and withdrawn from them Octo. 7 An. 647. Will. Golding was served with a warrant to attend the governor sitting with his council and Assembly eight miles distance, & when the said Wil. Golding appeared, the governor with the rest, said nothing to him; at which time Will. Golding heard captain Wood, and other say, they would maintain Their laws with their lives. Thirdly, governor and council have changed the levy, payable by the Country for general uses, it was formerly assessed by the head. Now by the Acre, to wit, one pound of Tobacco per Acre; the levy this year amounted unto eleven thousand of Tobacco, or thereabouts, usually (in other governor's times) not above five thousand; all the general work in view, is the covering of the session's house, which is made a Dove-coat, and set with looking-glasses for the Pigeons to dress themselves by, no forts, no public houses repaired, though there is need enough. The governor gives the Country no account, but in gross how this levy grow, only the counsellors told us, Item three hundred pound of Tobacco for Cedar planks sent by the governor as a present to Mr. Prim (who aspersed the Congregation.) And one Major Williams, Item seven hundred pound of Tobacco in arrears since the former year, five hundred pound of Tobacco for servants to oversee Mr. Whitnall's, and Mr. Hall's business, when they were employed ambassadors to England from the governor unto the Company; also more for their charges levied upon the Country thirty six pound Sterlin, since which time, sixty pound Sterlin, out of the Spanish wreck hath been disbursed upon that account. The occasion of sending these men for England was this, captain sail and Wil. Golding having appealed from the governor and Assembly, and resolving to go for England to exhibit their Complaints against them; the governor with some of his council judged meet to send Mr. Hall, and Mr. Whitnall to maintain the Acts made by the Assembly, and accuse the Congregation, but prevailing in neither, they returned. Now the Country must bear their charges, yea the Congregation (against whom they were employed) before convicted of any offence done, must contribute to the vain expenses of these men. Also the Congregation are forced to pay for Communion wine for the use of the Tribe, though neither they, nor theirs, have any benefit by it. Also to the Readers of the respective Tribes, though some (or most of them) be known drunkards. Many of the inhabitants unsatisfied with this account, refused payment; and the counsellors by the governors warrant (signed before any levyes were demanded) distrained on their Tobacco, and took their own demands. Fourthly, The governor at a mustering disarmed those of the Congregation, and their friends, and all at the same time, passionately beat one Chapline with his keyne, for asking (after his arms were taken from him) whither he must stay in the body, or go forth. Also one Hill upon a slight pretence. Likewise, he commanded a file of Musqueteers to seize Mr. painter's arms, which were then delivered; and why may not the governor send a file of Musqueteers to cease my bed money, or servants? Fifthly, at an Assizes Wil. Golding (then in England) was sued by Mr. Christopher Pits for five hundred pound of Tobacco, which the said Pits recovered, and upon execution forceably took from the wife of Will. Golding in his absence: but how comes Will. Golding to be liable to this debt? Thus, captain Chadocke undertook for some such debt, for Mr. Worth, whom he took with him to Trinidado, but stood nor engaged to pay that debt to M. Pits, Captain Chadock makes M. Rich. Waylet (who married captain Chaddock's daughter) a letter of attorney, captain Chadock died, and his two sons inherit and divide his estate▪ M. Waylet e Actio personalis, moritur cum persona. dies. Now M. Golding marrying with M. Waylets' widow is sued for his debt, and the governor informs the jury, that it is just that captain Chaddock's daughter should pay it, and the jury found it so. At the same Assizes, M. Painter is warned to make his appearance, but must not know wherefore, who giving his attendance, an action of defamation was laid against him by M. Vyner, for saying M. Vyner drunk Aqua Vitae, as fast as Mrs. Ford could still it, or such like words, M. Painter desires respite until the next Assizes, but would not be granted. M. Painter denies the words The governor is his accuser, the sole witness and Advocate to the jury to heighten the action, and likewise the judge, and jury finds the action five hundred pound Sterlin for the plaintiff. Seventhly, at an Assizes held An. 1647. M. White obtained a warrant to summon down some persons, against whom he had just acceptions, entered his Actions, and prepared his witnesses, but when he moved the Court, his actions might be called upon; it was denied, notwithstanding the Assizes before he took the oath of Supremacy, which the governor urged upon him, supposing his refusal would have rendered him uncapable of the liberty of a Subject, the governor ashamed to urge the oath a second time, is not ashamed to give Mr. White a flat denial of trying actions. Eightly, whiles Will. Golding was in England, the governor complying with lewd fellows, sought to take away the life of his dear wife, pretending words of mutiny against her, and told her aforehand, he would hang her; but nothing being proved, he lost his longing, and dismissed her accusers without a check. Ninthly, a Spanish Ship endangered amongst the Rocks, Feb. 14. 1647 the governor (before the ship was wracked, or the Company of the Ship forsaken her) with his own hands, and by his appointment, did so pillage and ransack (even beyond modesty) the distressed men that came a shore, that he hath made the Island stink in the nostrils of the Spaniards, and exposed the Inhabitants, and other of the English Plantations to their wrath, when they shall fall into their hands; and herein he is encouraged by the trading party (who not contenting themselves with invading the liberties of the Inhabitants, expose their lives to the fury of a foreigner) for the Company in their instructions sent over with captain Turner give liberty to pillage all Spaniards who shall fall upon the coasts. As also in a general letter to captain Chadock, An. 1640 they give these instructions: and that when any Spaniards do hereafter fall into distress on those Islands, and shall send, or seem to capitulare before their arrival on land, that you and the council there, do require them to cast themselves on, or stand to your courtesy, or otherwise, that you keep them off, and do not suffer them to land. Signed with fourteen hands: Captain Turner laying hold upon this advantage, so minded the enriching of himself thereby, that he neglected the safety of the Island; for how easy had it been for the justly provoked (though disarmed party) if the fear of God had not restrained them, to have joined with the Spaniards, and have wrought their will upon him, and his faction without resistance. I only hint this, to let the world see, that Independents (as they call them) dare not take those advantages, which carnal prudence prompt others too; but quietly commit themselves unto the f Scutum tibi potius, quam gladium sum. Liu. Righteous Judge of all the world for compensation for wrongs done them, in the day of recompense for Zion's controversy. Thus much touching the complaints contained in the Petition. Animadversions upon the requests therein, fall next under consideration. First, we crave liberty to transplant ourselves; first, because it hath been, and may again be denied, Requests. while the Company continue an unlimited power over us, in what we have and are. Secondly, The Island will not bear the increase of men and beasts. Thirdly, The Land is worn out, not enjoying a Sabbath these thirty years. Fourthly, We have served the Trading Company long enough and for nought, and are unwilling to leave our children bondslaves. Fifthly, We cannot bear the yoke of tyranny, nor the insolency of worthless and illiterate men, to be our lawless judges; especially in the matters of God the things whereof they savour not. Sixtly, We are deserted of the Company who in justice should relieve us; and at best in our redresses to them, the remedy hath proved worse than the disease, who (if at any time they have saved the children of the needy, yet, have not broken in pieces their oppressors, Psal. 72. 4. the failing in either is a defect in justice. Seventhly, Suppose our rocks were ambergris and our mountains the finest gold, yet would the trading party invent waves, by raising rents, by new impositions, by limiting us to their ship and goods; by demurages or the like, to keep us still in rags (almost) to nakedness. Secondly, Liberty of free trade of propriety of goods. First, it is our birthright, and that ancient bounds left us by our fathers to inherit, let them whom it doth concern consult the word of truth▪ Deut. 27. 17. Cursed be he that removeth his neighbour's landmark, and let all the people say, Amen. Secondly, we earn it with the hazard of our lives, and a kind of banishment. Thirdly, It is the privilege of all other English Plantations, who have either means, or hopes of support, besides Tobacco, which we want. Fourthly, in case the London ship should miscarry, where should the Inhabitants seek supply, or hope for it. Fifthly, If Tobacco bear a low price, the Company will send a ship but little goods. Instance An. 1647. hardly one hundred pound Cargo from the Company to accommodate four thousand people, and captain Turner, the mouth of the trading party, protested he cared not if the Tobacco yielded but 〈◊〉 and duties▪ it should be sent home, if the trading Company may be maintained; it matters not what becomes of the poor Planters. Sixtly, The life of man Homo quasi {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} simul Scal. why should the Inhabitants be debarred of the benefit of society and commerce, which is the Islands cause, whilst ships that pass by have no encouragement to anchor in our Harbour. Seventhly, Many worthy members of the Company would grant this liberty, who being free thereof, are interest in all due profits as any other. Third head. That offenders be put into a way of trial; First, because the faction of the governor is so prevalent, that we can have no hopes of right here, having this experience, that such as have been named by the Tribe for Jury men (if they comply not with the governors liking) have been discharged, or put upon the Jury of life and death, though no use of such a Jury at that time. Secondly, because many crimes are capital, requiring witnesses to depose viva voce: now we have not liberty, or power to examine witnesses, and take attestations which they desired from the governor, could not be obtained, or not exercised, when seemingly granted. Thirdly, most of the Magistrates are parties in the charge, and how can we with prudence engage them in these causes. Fourthly, we cannot confide in all, who have power to take attestations, it is known to us, Attestations have been mended ●●●ed; and how should we in this confusion be secure. Fourth head: That the deputy-governor may be questioned: First, in errorem, that his examples be not a precedent or emboldening to the succeeding governor, because justice upon offenders, is not speedily executed, 〈◊〉 heart of the sons of men, are set to do evil. Secondly, That the peace of the Country may be preserved. Thirdly, how else shall the oppressed be righted, or secured for the future? Job hath a saying, That the hypocrite reign not lest the people be ensnared, Job 34. 30. That the new elected counsellors and Commanders may be reduced. First, The Company who plead this privilege, have nor done it; they restored indeed two counsellors but the governor allows but one of 'em? Secondly, else usurpation in authority will be justified. Thirdly, else it is all one, as though the governor was paramount; for if he be left to himself, to place and displace Magistrates and Commanders, (they being his creatures) must in all comply with him or lose their honour. Fourthly, else those Magistrates and Officers who have been faithful to the State and Company, and have suffered so much infamy cannot be repaired in their reputation. (Fifthly, they and others will be discouraged for the future to serve the public, if thus left under the feet of vile men. Sixtly, else the Island will soon be corrupted; most of that new creation, being men of foul mouths and lives, giving bad examples, not daring to punish sin in others, themselves being in the same or greater condemnation. Truly there is nothing owned for sin with us, but going to the Mill, walking soberly, humbly, and noncompliance with workers of iniquity. These are the ill-affected persons, the Malignants, the disobedient to Authority, refractory, &c. In the language of the governor and Assembly, in their Acts and Proclamations. Ob virtutes certissimum exi●ium Sac. Hist. Conclusion. The result is, to leave the world to judge whether these things gathered up, and put together, will not amount in the governor's council and Assembly in Summer-Islands, to a praemunire exercise of Arbitrary power, injustice, impiety, oppression in a high degree, (that I say not) tyranny in some of them who have thus acted? and whether it is not a righteous thing that those who have usurped power should be made uncapable of the exercise of power for the future? As for the Trading party in the Company, who have drawn down (at least collaterally) dishonour (that I say not) guilt upon that Honourable Society, I shall leave them to the wisdom and justice of a full Court of their own; or rather at the bar of the supreme Judicature of our Nation, before whom the Complaints lie; waiting with patience their honour's Resolution. Now if any man shall object. I am 〈◊〉 〈◊〉, and besides my calling. I answer, First, I am forty that there was occasion given me. Secondly, Ministers are men, their lives, families, estates, and liberties, are civil things, and whilst invaded, cannot but complain. Thirdly, the Company and Assembly have quited me of a third part of that labour in the exercise of my Calling, whilst a Preacher to the Country. I can now spare time to study men especially those who study my undoing in whatsoever is dear unto me. Fourthly, It is not improper to the Ministers of the gospel to bear witness against all unrighteousness of men, and when their mourhes are stopped, to speak in Print, the words of truth and soberness. Fifthly, who knows but the discovery of these things may lead some concerned in them unto repentance, which is all the harm I wish these lines produce. Lastly, I am engaged, and should seem to mock the Honourable Parliament and Committee, should I not pursue the complaints exhibited to them; nor would the condition of that Congregation, the state of my family, my personal infirmities and expense, far above my estate, (not having the least allowance from the Congregation or Company) nor yet the unsettled state of the Nation, as than it stood; suffer me to stay and plead to the Petition, all which considered I am enforced to make this Remonstrance professing (in the presence of God) I have endeavoured it with all fidelity, not making lies my refuge; if any mistakes be, it is through misinformation and in lesser things. The substance of the Remonstrance, specially in matters concerning the governor, his council and Assembly, will he attested (if need be) by faithful witnesses. The Lord settle truth, justice and peace, throughout the earth, and honour our Nation to be the Coryphaus and first leader in it. Amen. Summer-Ilands 7. of the first Month, viz. March, 1647. FINIS.