THE REVOLUTION IN New England JUSTIFIED, And the People there Vindicated From the Aspersions cast upon them By Mr. JOHN PALMER, In his Pretended Answer to the Declaration, Published by the Inhabitants of Boston, and the Country adjacent, on the day when they secured their late Oppressors, who acted by an Illegal and Arbitrary Commission from the Late King JAMES. Printed for Joseph Brunning at Boston in New England. 1691. TO THE READER. IT is not with any design or desire unnecessarily to expose the late Oppressors of that good Protestant People which is in New England, that the Authors of the ensuing Vindication have published what is herewith emitted. But the Agents lately sent from thence could not be faithful to their Trust, if when the People whom they Represent are publicly (as well as privately) aspersed, they should not (either by themselves, or by furnishing some other with materials for such an undertaking) vindicate those who have been so deeply injured. As for Mr. Palmer his Account which he calls Impartial, he has wronged New England thereby, in some other particulars besides those insisted on, in the subsequent Apology. For he does endeavour to make the World believe that the Massachusetts refused to answer to the Quo Warranto prosecuted against their Charter: Than which Misrepresentation nothing can be more untrue or injurious. An Account concerning that matter hath formerly (and more than once) been made public, in the which it is most truly affirmed, That when the Quo Warranto was issued out against the Governor and Company of the Massachusetts Colony in New England in the year 1683. the then King did by his Declaration enjoin a few particular persons to make their Defence at their own Charge, without any public Stock; which showed that there was a Resolution to take away that Charter: Yet the Governor and Company appointed an Attorney to answer to the Quo Warranto; but the Suit was let fall in the Court of Kings-Bench, and a new Suit began by Scire facias in Court of Chancery, where time was not allowed to make Defence. The former Attorney for that Colony brought several Merchants to testify that in the time allowed (which was from April 16. till June 18.) it was impossible to have a New Letter of Attorney returned from New England. The then Lord Keeper North replied, That no time ought to be given. So was Judgement entered against them before they could possibly plead for themselves. By this the Impartial Reader may judge what Ingenuity and Veracity is in Mr. Palmer's Account. There is lately come forth another Scandalous Pamphlet, called New England's Faction Discovered. The Author has not put his Name to it: But it is supposed to be written by a certain person known to be a Prodigy for Impudence and Lying. The Reflections in it not only on New England in general, but on particular persons there as well as in England, are so notoriously and maliciously false, as that it must needs be much beneath a great Mind to take notice of such Latrations, or to answer them any otherwise than with contempt. When we are treated with the Buffonery and Raillery of such ungentiel Pens, 'tis good to remember the old Saying, Magnum Contumeliae remedium, Negligentia. As for what Mr. Palmer does in his Preface insinuate concerning the New-Englanders being Commonwealthsmen, Enemies to Monarchy, and to the Church of England, that's such a Shame as every one sees through it. There are none in the World that do more fully concur with the Doctrine of the Church of England contained in the 39 Articles, than do the Churches in New England, as is manifest from the Confession of their Faith published in the year 1680. Only as to Liturgy and Ceremonies they differ; for which cause alone it was that they, or their Fathers transported themselves into that American Desert, as being desirous to worship God in that way which they thought was most according to the Scriptures. The Platform of Church Discipline consented unto by the Elders and Messengers of the Churches Assembled in a General Synod at Cambridge in New England in the year 1647. showeth that they are as to Church-Government for the Congregational way. The judiciously Learned Mr. Philip Nye has long since evinced, that no Form of Church-Government (no not that which is Episcopal) is more consistent with Monarchy, or with the King's Supremacy, than that of the Way-Congregational, which some will needs call Independent. But there are a sort of men, who call those that are for English Liberties, and that rejoice in the Government of Their present Majesty's King William and Queen Mary, by the name of Republicans, and represent all such as Enemies of Monarchy and of the Church. It is not our single Opinion only, but we can speak it on behalf of the generality of Their Majesty's Subjects in New England, that they believe (without any diminution to the Glory of our former Princes) the English Nation was never so happy in a King, or in a Queen, as at this day. And the God of Heaven, who has set them on the Throne of these Kingdoms, grant them long and prosperously to Reign. E. R. S. S. THE Revolution in New England justified. THE Doctrine of Passive Obedience and Nonresistance, which a sort of men did of late when they thought the World would never change, cry up as Divine Truth, is by means of the happy Revolution in these Nations, exploded, and the Assertors of it become ridiculous. No man does really approve of the Revolution in England, but must justify that in New England also; for the latter was effected in compliance with the former, neither was there any design amongst the People in New England, to reassume their Ancient Charter-Government, until His present Majesty's intended descent into England, to rescue the Nation from Slavery as well as Popery, was known to them (for indeed to have attempted it before that would have been madness.) They considered that the men than usurping Government in New England were King James' Creatures, who had invaded both the Liberty and Property of English Protestants after such a manner as perhaps the like was never known in any part of the World where the English Nation has any Government: And the Commission which they had obtained from the Late King James was more Illegal and Arbitrary, than that granted to Dudley and Empson by King Henry 7th. or than it may be was ever before given to any by King James himself, or by any one that ever swayed the English Sceptre, which was a Grievance intolerable; and yet they desired not to make themselves Judges in a case which so nearly concerned them, but instead of harsher treatment of those who had Tyrannised over them, they only, secured them that they might not betray that Country into the hands of the Late King, or of King Lewis, which they had reason enough to believe (considering their Characters and Dispositions,) they were inclined to do. They designed not to revenge themselves on their Enemies, which they could as easily have done as a thousand men are able to kill one, and therefore when they secured their Persons, they declared (as in their Declaration Printed at Boston in New England is to be seen) that they would leave it to the King and Parliament of England, to inflict what punishment they should think meet for such Criminals. Their seizing and securing the Governor, was no more than was done in England, at Hull, Dover, Plymouth, etc. That such a man as Mr. John Palmer should exclaim against it, is not to be wondered at, seeing he was one of the Governors' Tools, being of his Council, made a Judge by him, and too much concerned in some Illegal and Arbitrary Proceed: But his Confidence is wonderful, that he should publish in Print that neither himself nor Sir Edmund Androsse, nor others of them who had been secured by the People in New England, had any Crimes laid to their charge, whereas the foresaid Declaration emitted the very day they were secured, doth plainly set forth their Crimes. And in the Preface of his Book he hath these words; viz. We appeared at the Council-Board where the worst of our Enemies, even the very men who had so unjustly imprisoned and detained us, had nothing to say or object against us— By these Enemies he speaks of, we suppose he means those who were lately sent as Agents from Boston in New England; He hath therefore necessitated us to inform the World, that the following Objections (tho' not by his Enemies, yet) by those Agents presented at the Council-Board. Matters objected against Sir Edmund Androsse, Mr. Joseph Dudley, Mr. Palmer, Mr. Randolph, Mr. West, Mr. Graham, Mr. Farewell, Mr. Sherlock and others, as occasions of their Imprisonment in New England. 1. IT is objected against Sir Edmund Androsse, that he being Governor of the Massachusetts Colony after notice of His present Majesty's intention to land in England, issued out a Proclamation, requiring all persons to oppose any descent of such as might be authorized by him, endeavoured to stifle the News of his Landing, and caused him that brought this King's Declaration thither to be imprisoned as bringing a Seditious and Treasonable Paper. 2. That in the time of his Government, he without form or colour of legal Authority made laws destructive of the Liberty of the People, imposed and levied Taxes, threatened and imprisoned them that would not be assisting to the illegal Levys, denied that they had any Property in their Lands without Patents from him, and during the time of actual War with the Indians, he did supply them with Ammunition, and several Indians declared, that they were encouraged by him to make War upon the English, and he discountenanced making defence against the Indians. 3. As to all the other persons imprisoned, they were Accomplices and Confederates with Sir Edmund Androsse, and particularly Mr. Dudley, Mr. Randolph, and Mr. Palmer were of his Council, and joined with him in his Arbitrary Laws and Impositions, and in threatening and in punishing them who would not comply. Mr. West was his Secretary, and guilty of great Extortion, and gave out words which shown himself no Friend to the English. Mr. Graham was his Attorney at one time, and Mr. Farewell at another, both concerned in illegal proceed destructive of the Property of the Subject. Mr. Farewell prosecuted them who refused to comply with the Illegal Levies, and Mr. Graham brought several Writs of Intrusion against men for their own Land, and Mr. Sherlock, another person imprisoned, though not named in the Order, acted there for some years as an High Sheriff, though he was a stranger in the Country, and had no Estate there, during his Shrievalty he impanelled Juries of Strangers, who had no in that Country, and extorted unreasonable Fees. These particulars were not only presented at the Council-Board, but there read before the Right Honourable the Lords of the Committee for Foreign Plantations, on April 17. 1690. when Sir Edmund Androsse, Mr. Palmer, and the rest concerned were present, and owned that they had received Copies thereof from Mr. Blaithwaite. It is true, that the Paper then read was not signed by the Agents aforesaid, for which reason (as we understand, nor could it rationally be otherwise expected) the matter was dismissed without an hearing: Nevertheless the Gentlemen who appeared as Counsel for the New England Agents, declared, That they were ready to prove every Article of the Objections; which shall now be done. 1. That Sir E. A. with others whom the People in New England seized and secured, did, after notice of His present Majesty's intended descent into England to deliver the Nation from Popery and Arbitrary Power, to their utmost oppose that glorious design, is manifest by the Proclamation Printed and Published in New England, Jan. 10. 1688. signed by Sir E. A. and His Deputy Secretary John West, in which K. James' Proclamation of Octob. 16. 1688. is recited and referred unto. Sir Edmund's Proclamation gins thus; Whereas His Majesty hath been graciously pleased by His Royal Letter bearing date the 16th of October last passed, to signify that He hath undoubted Advice that a great and sudden Invasion from Holland, with an armed Force of Foreigners and Strangers will be speedily made in an hostile manner upon His Majesty's Kingdom of England, and that although some false Pretences relating to Liberty, Property and Religion, etc. And then he concludes thus— All which it is His Majesty's pleasure should be made known in the most public manner to His Loving Subjects within this His Territory and Dominion of New England, that they may be the better prepared to resist any Attempts that may be made by His Majesty's Enemies in these parts, I do therefore hereby charge and command all Officers Civil and Military, and all other His Majesties Loving Subjects within this His Territory and Dominion aforesaid, to be vigilant and careful in their respective places and stations, and that upon the approach of any Fleet or Foreign Force, they be in readiness, and use their utmost endeavours to hinder any Landing or Invasion that may be intended to be made within the same. 2. And that they used all imaginable endeavours to stifle the News of the Prince's Landing in England, appears not only from the Testimony of the People there, and from the Letters of those now in Government at Boston, but from the deposition of Mr. John Winstow, who affirms that being in Nevis in Feb. 1688. a Ship arrived there from England with the Prince of Orange's Declaration, and intelligence of the happy change of Affairs in England, which he knew would be welcome News in New England, and therefore was at the charge to procure a written Copy of that Princely Declaration with which he arrived at Boston about a fortnight before the Revolution there. He concealed the Declaration from Sir Edmund, because he believed if it came into his possession, he would keep the people in ignorance concerning it; but intimation being given that Mr. Winstow had brought with him the Declaration, he was therefore committed to Prison (though he offered two thousand pound Bail) for bringing into the Country a Treasonable Paper. For the satisfaction of such as are willing to be informed in this matter, Mr. Winstow's testimony as it was given upon Oath before a Magistrate in New England shall be here inserted. It is as follows. John Winslow aged 24 years or thereabouts, testifieth and saith, that he being in Nevis some time in February last passed, there came in a Ship from some part of England with the Prince of Orange's Declarations, and brought news also of his happy proceed in England with his entrance there, which was very welcome News to me, and I knew it would be so to the rest of the people in New England; and I being bound thither, and very willing to carry such good news with me, gave four shillings six pence for the said Declarations, on purpose to let the people in New England understand what a speedy deliverance they might expect from Arbitrary Power. We arrived at Boston Harbour the fourth day of April following, and assoon as I came home to my house, Sir Edmund Androsse understanding I brought the Prince's Declarations with me, sent the Sheriff to me; so I went along with him to the Governors' house, and assoon as I came in, he asked me why I did not come and tell him the news. I told him I thought it not my duty, neither was it customary for any Passenger to go to the Governor when the Master of the Ship had been with him before, and told him the news; he asked me where the Declarations I brought with me were, I told him I could not tell, being afraid to let him have them, because he would not let the people know any news. He told me I was a Saucy fellow, and bid the Sheriff carry me away to the Justices of the Peace, and as we were going, I told the Sheriff, I would choose my Justice, he told me, no, I must go before Doctor Bullivant, one picked on purpose (as I Judged) for the business; well I told him, I did not care who I went before, for I knew my cause good, so soon as I came in, two more of the Justices dropped in, Charles Lidget and Francis Foxcroft, such as the former, fit for the purpose, so they asked me for my Papers, I told them I would not let them have them by reason they kept all the news from the people, so when they saw they could not get what I bought with my money, they sent me to Prison for bringing Traitorous and Treasonable Libels and Papers of News, notwithstanding, I offered them security to the value of two thousand pounds. John Winslow. Boston in New England, Feb. 4. 1689. sworn before Elisha Hutchinson Assistant. By these things it appears that it was absolutely necessary for the people in New England to seize Sir E. A. and his Complices, that so they might secure that territory for their present Majesty's King William and Queen Mary. 3. That Sir E. A. etc. did make Laws destructive to the liberty of the Subjects, is notoriously known, for they made what Laws they pleased without any consent of the People, either by themselves or representatives, which is indeed to destroy the Fundamentals of the English, and to Erect a French Government. We cannot learn that the like was ever practised in any place where the English are Planters, but only where Sir E. A. hath been Governor: For whereas in New-England by constant usage under their Charter Government, the Inhabitants of each Town did assemble as occasion offered to consider of what might conduce to the welfare of their respective Towns, the relief of the poor, or the like, Sir, E. A. with a few of his council, made a Law prohibiting any Town meeting, except once a year, viz. on the third Monday in May. The Inhabitants of the Country were startled at this Law, as being apprehensive the design of it was to prevent the people in every Town from meeting to make complaints of their Grievances. And whereas by constant usage any person might remove out of the Country at his pleasure, a Law was made that no man should do so without the Governors leave. And all Fishing Boats, Coasters, etc. were to enter into a thousand pound bond, whereby Fees were raised for himself and creatures. This Law could not pass at Boston, because many of Sir Edmund's Council there opposed it; but then a Juncto of them meeting at New-York, passed it; and after that Law was made, how should any dissatisfied persons ever obtain liberty to go for England to complain of their being oppressed by Arbitrary Governors? 4. But besides all this, They made Laws for the Levying Moneys without the consent of the People either by themselves or by an Assembly; for in order to the supporting of their own Government, they did by an Act bearing date March 3. 1686. raise considerable sums of Money on the King's subjects in that part of his dominions, viz. a penny in the pound on all Estates personal or real, twenty pence per head as Poll Money, a penny in the pound for goods imported, besides an Excise on Wine, Rum and other Liquors. It hath indeed been pleaded that all this was but what the Laws of the Country before the change of the Government did allow. But this is vainly pretended, for there was no such Law in force at the time when these sums were levied, the former Laws which did authorize it, were repealed Octob. 10. 1683. some years before Sir E. A. and his complices had invaded the Rights and Liberties of the people there. Moreover, in those, parts of the Country where there were never any such Laws in force, particularly in Plymouth Colony, this Money was levied, which they heavily complained of. Yet further, in another Act dated Feb. 15. 1687. they did without any colour of ancient Law make an additional duty of Impost and Excise, which raised the duty, some ten shillings, some twenty shillings per Pipe on Wines, and so on other things. Nay they levied Moneys on Connecticot Colony contrary to their Charter, which was never vacated, than which nothing more Illegal and Arbitrary could have been perpetrated by them. 5. They did not only act according to these Illegal Taxes, but they did inflict severe punishment on those true English men who did oppose their Arbitrary proceed, as shall be made to appear in many instances. When the Inhabitants of Ipswich in New England were required to choose a Commissioner to tax that Town, some principal persons there that could not comply with what was demanded of them, did modestly give their reasons, for which they were committed to Goal, as guilty of high misdemeanours, and denied an Habeas Corpus, and were obliged to answer it at a Court of Oyer & Terminer at Boston. And that they might be sure to be found guilty, Jurors were picked of such as were no Freeholders, nay of Strangers; the Prisoners pleading the privileges of English men not to be taxed without their own consent, they were told that the Laws of England would not follow them to the end of the Earth, they meant the privileges of the English Law, for the penalties they resolved should follow them quo jure quàque injuriâ. And why should they insist on, and talk of the privileges of English men, when it had been declared in the Governors' Council, that the King's Subjects in New England did not differ much from Slaves, and that the only difference was, that they were not bought and sold? But to go on with the matter before us; In as much as the Prisoners mentioned had asserted their English Liberties, they were severely handled, not only imprisoned for several weeks, but fined and bound to their good behaviour; Mr. John Wise was fined fifty pound besides costs of Court, deprived of the means of his subsistence, and gave a thousand pound bond for good behaviour. And Mr. John Appleton was fined fifty pound and to give a thousand pound bond for good behaviour, and moreover declared incapable to bear Office, besides unreasonable Fees. After the same manner did they proceed with several others belonging to Ipswich. Likewise the Towns men of Rowley, Salisbury, Andover, etc. had the same measure. And the King's Subjects were not only oppressed thus in the Massachusetts Colony, but in Plymouth. For when Shadrach Wild-boar the Town Clerk of Taunton in N. E. did, with the consent of the Town, Sign a modest Paper signifying their not being free to raise money on the Inhabitants without their own consent by an assembly, the honest man was for this committed close Prisoner, and after that punished with a Fine of twenty Marks and three months' Imprisonment, and bound to find sureties by Recognizance to appear the next Court, and to be of the good behaviour. As to the matter of fact, the persons concerned in these Illegal and Arbitrary Judgements will not have the face to deny them; if they do, there are Affidavits now in London which will evince what hath been related whenever there shall be occasion for it. It is a vanity in Mr. Palmer, to think that he hath answered this by affirming, but not proving, that the Ipswich-men assembled themselves in a riotous manner; for that saying of his is very false. The World knows that New England is not the only place where honest men have in these late days been proceeded against as guilty of Riots, when they never deserved such a censure any more than these accused by Mr. Palmer. But the truth of what hath been thus far related is confirmed by the following Affidavits. Complaints of great wrongs done under the Ill Government of Sir Edmund Androsse Governor in N. E. in the year 1687. We John Wise, John Andrews signior, Robert Kinsman, William Goodhue junior, all of Ipswich in New England, in the County of Essex, about the 22d day of August, in the year above named, were with several principal Inhabitants of the Town of Ipswich met at Mr. John Appletons, and there discoursed and concluded that it was not the Towns Duty any way to assist that ill method of raising Money without a general Assembly, which was apparently intended by abovesaid Sir Edmund and his Council, as witness a late Act issued out by them for such a purpose. The next day in a general Town-Meeting of the Inhabitants of Ipswich; We the above named John Wise, John Andrews, Robert Kinsman, William Goodhue with the rest of the Town then met (none contradicting) gave our assent to the vote then made. The ground of our trouble, our crime was the Copy transmitted to the Council, viz. At a Legal Town meeting August 23. Assembled by virtue of an Order from John Usher Esq Treasurer for choosing a Commissioner to join with the Select men, to assess the Inhabitants according to an Act of his Excellency the Governor and Council for laying of rates; the Town then considering that the said Act doth infringe their Liberty, as free born English Subjects of His Majesty by interfering with the Statute Laws of the Land, by which it was Enacted that no Taxes should be Levied upon the Subjects without consent of an Assembly chosen by the Freeholders for assessing of the same, they do therefore vote that they are not willing to choose a Commissioner for such an end without said privilege; and moreover consent not that the Select men do proceed to lay any such rate until it be appointed by a general Assembly concurring with the Governor and Council. We the complainants with Mr. John Appleton and Thomas French all of Ipswich were brought to answer for the said vote out of our own County, thirty or forty Miles into Suffolk, and in Boston kept in Goal, only for contempt and high misdemeanours as our Mittimus specifies, and upon demand, denied the privilege of an Habeas Corpus, and from Prison over ruled to answer at a Court of Oyer and Terminer in Boston aforesaid. Our Judges were Mr Joseph Dudley of Roxbury in Suffolk in New England, Mr. Stoughton of Dorchester, John Usher of Boston Treasurer and Edward Randolph. He that officiates as Clerk and Attorney in the case is George Farewell. The Jurors only twelve men and most of them (as is said) Non-freeholders of any Land in the Colony, some of them Strangers and Foreigners, gathered up (as we suppose) to serve the present turn. In our defence was pleaded the repeal of the Law of Assessment upon the place. Also the Magna Charta of England, and the Statute Laws that secure the Subjects Properties and Estates etc. To which was replied by one of the Judges, the rest by silence assenting, that we must not think the Laws of England follow us to the ends of the Earth, or whither we went. And the same person (John Wise abovesaid testifies) declared in open Council upon examination of said Wise; Mr. Wise you have no more privileges left you, than not to be sold for Slaves, and no man in Council contradicted. By such Laws our Trial and Trouble began and ended. Mr. Dudley aforesaid Chief Judge, to close up the debate and trial, trims up a speech that pleased himself (we suppose) more than the people. Among many other remarkable Passages, to this purpose, he bespeaks the Jury's obedience, who (we suppose) were very well preinclined. viz. I am glad, says he, there be so many worthy Gentlemen of the Jury so capable to do the King service, and we expect a good Verdict from you, seeing the matter hath been so sufficiently proved against the Criminals. Note the evidence in the case as to the substance of it, was that we too boldly endeavoured to persuade ourselves we were English Men, and under privileges: and that we were all six of us aforesaid at the Town meeting of Ipswich aforesaid, and as the Witness supposed, we assented to the foresaid Vote, and also that John Wise made a Speech at the same time, and said we had a good God, and a good King, and should do well to stand for our Privileges.— Jury returns us all six guilty, being all involved in the same Information. We were remanded from Verdict to Prison, and there kept one and twenty days for Judgement. There with Mr. Dudley's approbation, as Judge Stoughton said, this Sentence was passed, viz. John Wise suspended from the Ministerial Function fine fifty pound money, pay cost, a thousand pound bond for the good behaviour one year. John Appleton not to bear Office, fine 50 l. money, pay cost, a thousand pound bond for the good behaviour one year. John Andrews not to bear Office, fine 30 l. money, pay cost, five hundred pound bond for the good behaviour one year. Robert Kinsman not to bear Office, fine twenty pound money, pay cost, five hundred pound bond for the good behaviour one year. William Goodhue not to bear Office, fine twenty pound money, pay cost, five hundred pound bond for the good behaviour one year. Thomas French not to bear Office, fine 15 l. Money, past cost, 500 l. bond for the good behaviour one year. The Total Fees of this case upon one single Information demanded by Farewell abovesaid amount to about a hundred and one pound seventeen shillings, who demanded of us singly about sixteen pound nineteen shillings six pence, the cost of Prosecution, the Fines added make up this, viz. Two hundred eighty and six pounds seventeen shillings money. Summa Totalis 286 l. 17 s. To all which we may add a large account of other Fees of Messengers, Prison charges, Money for Bonds and Transcripts of Records, exhausted by those ill men one way and another to the value of three or fourscore pounds, besides our expense of time and imprisonment. We judge the Total charge for one Case and Trial under one single Information involving us six men abovesaid in expense of Time and Moneys of us and our Relations for our necessary Succour and Support to amount to more, but no less than 400 l. Money. Too tedious to illustrate more amply at this time, and so we conclude. John Wise, John Andrews Senior, William Goodhue Junior, Thomas French, these four persons named, and Robert Kinsman. These four persons first named appeared the twentieth day of December, and Robert Kinsman appeared the one and twentieth day of December, 1689. and gave in their Testimony upon Oath before me Samuel Appleton Assistant for the Colony of the Massachusetts in New-England. 6. That those who were in confederacy with Sir E. A. for the enriching themselves on the Ruins of New-England, did Invade the Property as well as Liberty of the Subject, is in the next place to be cleared, and we trust will be made out beyond dispute. When they little imagined that there should ever be such a Revolution in England as that which by means of His Present Majesty this Nation is Blest with, they feared not to declare their Sentiments to the inexpressible exasperation of the people whom they were then domineering over. They gave out that now their Charter was gone, all their Lands were the Kings, that themselves did Represent the King, and that therefore Men that would have any Legal Title to their Lands must take Patents of them, on such Terms as they should see meet to impose. What people that had the Spirits of Englishmen, could endure this? That when they had at Vast Charges of their own conquered a Wilderness, and been in possession of their Estates Forty, nay Sixty years, that now a parcel of Strangers, some of them indigent enough, must come and inherit all that the people now in New-England and their Fathers before them, had laboured for! Let the whole Nation judge, whether these Men were not driving on a French design, and had not fairly Erected a French Government. And that our Adversaries may not insult and say, these are words without proof, we shall here subjoin the Testimonies of the Reverend Mr. Higginson and several other worthy Persons, given in upon Oath, concerning this matter— Being called by those in present Authority to give my Testimony to the Discourse between Sir Edmund Androsse and myself, when he came from the Indian War, as he passed through Salem going for Boston in March 1688/9. I cannot refuse it, and therefore declare as followeth, what was the substance of that Discourse. Sir Edmund Androsse then Governor being accompanied with the Attorney General Graham, Secretary West, Judge Palmer, the Room being also full of other people, most of them his Attendants, he was pleased to tell me, he would have my judgement about this question; Whether all the Lands in New-England were not the Kings? I told him I was surprised with such a question, and was not willing to speak to it, that being a Minister, if it was a question about a matter of Religion, I should not be averse, but this being a State matter, I did not look upon it as proper for me to declare my mind in it, therefore entreated again and again that I might be excused. Sir E. A. replied and urged me with much importunity, saying, Because you are a Minister, therefore we desire to know your judgement in it, than I told him, if I must speak to it, I would only speak as a Minister from Scripture and Reason, not meddling with the Law. He said, the King's Attorney was present there to inform what was Law. I then said, I did not understand that the Lands of N. E. were the Kings, but the King's Subjects, who had for more than Sixty years had the possession and use of them by a twofold right warranted by the Word of God. 1. By a right of just Occupation from the Grand Charter in Genesis 1st and 9th Chapters, whereby God gave the Earth to the Sons of Adam, and Noah to be subdued and replenished. 2. By a right of purchase from the Indians, who were Native Inhabitants, and had possession of the Land before the English came hither, and that having lived here Sixty years, I did certainly know that from the beginning of these Plantations our Fathers entered upon the Land, partly as a Wilderness and Vacuum Domicilium, and partly by the consent of the Indians, and therefore care was taken to Treat with them, and to gain their consent, giving them such a valuable consideration as was to their satisfaction, and this I told them I had the more certain knowledge of, because having learned the Indian Language in my younger time, I was at several times made use of by the Government, and by divers particular Plantations as an Interpreter in Treating with the Indians about their Lands, which being done and agreed on, the several Townships and proportions of Lands of particular Men were ordered, and settled by the Government of the Country, and therefore I did believe that the Lands of New-England were the Subject's Properties, and not the King's Lands. Sir E. A. and the rest replied, That the Lands were the Kings, and that he gave the Lands within such limits to his Subjects by a Charter upon such conditions as were not performed, and therefore all the Lands of New England have returned to the King, and that the Attorney General then present could tell what was Law, who spoke divers things to the same purpose as Sir E. A. had done, slighting what I had said, and vilifying the Indian Title, saying, They were Brutes, etc. and if we had possessed and used the Land, they said we were the King's Subjects, and what Lands the King's Subjects have, they are the Kings, and one of them used such an Expression, an Englishman sets his foot, all that he hath is the Kings, and more to the same purpose. I told them that so far as I understood, we received only the right and power of Government from the King's Charter within such limits and bounds, but the right of the Land and Soil we had received from God according to his Grand Charter to the Sons of Adam and Noah, and with the consent of the Native Inhabitants as I had expressed before. They still insisted on the King's right to the Land as before, whereupon I told them, I had heard it was a standing Principle in Law and Reason: Nil dat qui non habet; and from thence I propounded this Argument; he that hath no right, can give no right to another, but the King had no right to the Lands of America before the English came hither, therefore he could give no right to them. I told them, I knew not of any that could be pleaded but from a Popish Principle, that Christians have a right to the Lands of Heathen, upon which the Pope as the Head of the Christians had given the West Indies to the King of Spain, but this was disowned by all Protestants. Therefore I left it to them to affirm and prove the King's Title. They replied and insisted much upon that, that the King had a right by his Subjects coming and taking possession of this Land. And at last Sir E. A. said with indignation, Either you are Subjects or you are Rebels, intimating, as I understood him according to the whole scope and tendency of his Speeches and Actions, that if we would not yield all the Lands of N. E. to be the Kings, so as to take Patents for Lands, and to pay Rend for the same, than we should not be accounted Subjects but Rebels, and treated accordingly. There were many other various replies and answers on both sides, but this is the sum and substance of that discourse— John Higginson aged seventy four years. Stephen Seawall aged thirty two years. John Higginson Minister in Salem personally appeared before me, Dec. 24. 1689. and made Oath to the truth of the abovesaid Evidence— John Hathorne Assistant. Captain Stephen Seawall of Salem appeared before me, Dec. 24. 1689. and made Oath to the truth of the abovesaid Evidence. John Hathorne Assistant. Joseph Lind of Charles-towne in the County of Middlesex in N. E. being fifty three years of age, testifieth and saith, That in the year 1687. Sir Edmund Androsse then Governor of New-England did inquire of him the said Lind what Title he had to his Lands, who shown him many Deeds for Land that he the said Lind possessed, and particularly for Land that the said Lind was certainly informed would quickly be given away from him, if he did not use means to obtain a Patent for it. The Deed being considered by Sir E. A. he said, it was worded well, and recorded according to N. E. custom or words to the same purpose. He further enquired how the Title was derived he the said Lind told him, That he that he bought it of had it of his Father-in-law in Marriage with his Wife, and his said Father from Charles-towne, and the said Town from the General Court grant of the Massachusetts Buy, and also by purchase from the Natives, and he said, my Title were nothing worth if that were all. At another time after showing him an Indian Deed for Land, he said, that their hand was no more worth than a scratch with a Bear's paw, under-valuing all my Titles, though every way legal under our former Charter Government. I then petitioned for a Patent for my whole Estate, but Mr. West Deputy Secretary told me, I must have so many Patents as there were Counties that I had parcels of Land in, if not Towns, finding the thing so chargeable and difficult I delayed, upon which I had a Writ of Intrusion served upon me in the beginning of the Summer 1688. the Copy whereof is in Charles-towne's men's complaint, and was at the same time with that of Mr. James Russel's, Mr. Seawall's, and Mr. Shrimpton's, it being for the same Land in part that I shown my Title unto Sir E. A. as above, being myself and those I derived it from possessed, enclosed, and improved for about Fifty years, at which time I gave Mr. Graham Attorney General three pounds in Money, promising that if he would let the Action fall I would pay Court charges, and give him Ten pound when I had a Patent completed for that small parcel of Land, that said Writ was served upon me for, which I did because a Quaker that had the promise of it from the Governor, as I was informed in the Governor's presence should not have it from me, the said Lind, having about seven Acres more in the same common Field or Pasture, about a Mile from this forty nine Acres near unto the Land that the said Governor gave unto Mr. Charles Lidget, of divers of my Neighbours, which I concluded must go the same way that theirs went, and therefore though desired to be patented by the said Lind with the forty nine Acres, he could not obtain a Grant for it. About the same time Mr. Graham Attorney General asked the said Lind what he would do about the rest of his Land, telling him the said Lind that he would meet with the like trouble about all the rest of his Lands that he possessed, and were it not for the Governors going to New-York at this time, there would be a Writ of Intrusion against every Man in the Colony of any considerable Estate, or as many as a Cart could hold, and for the poorer sort of people said Sir E. A. would take other measures, or words to the same purpose. The said Lind further saith, That after Judgements obtained for small wrongs done him, tryable by their own Laws before a Justice of the Peace, from whom they allowed no Appeals in small Causes: he was forced out of his own County by Writs of false Judgement; and although at the first superior Court in Suffolk, the thing was so far opposed by Judge Stoughton as illegal, as that it was put by, yet the next Term by Judge Dudley and Judge Palmer, the said Lind was forced to answer George Farewell Attorney aforesaid, then saying in open Court in Charles-town, that all Causes must be brought to Boston in Suffolk, because there was not honest men enough in Middlesex to make a Jury to serve their turns, or words to that purpose; nor did Suffolk, as appeared by their practice, for they made use of non-resident in divers cases there. I mention not my damage, though it is great, but to the truth above-written I the said Lind do set to my hand— Joseph Lind. Boston the 14th of January, 1689/90. Juratus coram me John Smith Assistant. And that the practices of these men have been according to their Principles, destructive to the Property of the Subject, is now to to be declared. It is a thing too well known to be denied, that some of Sir Edmund's Council begged (if they had not had secret encouragement no man believes that they would have done so) those Lands which are called The Commons belonging to several Townships, whereby Plymouth, Lyn, Cambridge, Road Island, etc. would have been ruinated, had these men's Projects taken effect. And not only the Commons belonging to Towns, but those Lands which were the Property of several particular persons in Charles-town, were granted from them. And Writs of Intrusion were issued out against Coll. Shrimpton, Mr. Samuel Seawall, and we know not how many more besides, That their Lands might be taken from them, under pretence of belonging to King James. An Island in the possession of John Pittome anciently appropriated to the maintenance of a Free-School, was in this way seized. How such men can clear themselves from the guilt of Sacrilegious Oppression, they had best consider. Mr. Palmer swaggers and hectors at a strange rate; for he hath these words, (p. 29.) I should be glad to see that man who would bare-faced instance in one particular grant of any man's Right or Possession passed by Sir E. A. during his Government.— And what if we will show him the men, that dare affirm as much or more than that? what will he do? Me me adsum qui feci, in me convertite Ferrum. We will produce those that have said (and sworn) as much as all this comes to. For John Pittome hath upon Oath declared, That James Sherlock, Sir Edmund's Sheriff, came on Dear Island on the 28th of January 1688. and turned him and his Family afloat on the Water when it was a snowy day, although he was Tenant there to Coll. Shrimpton, and that the said Sherlock put two men (whom he brought with him) into possession of the said Island (as he said) on behalf of King James the Second. Let him also know, that Mr. Shepard and Mr. Burrill of Lyn, and James Russell Esq of Charles-towne in New-England have declared upon Oath as followeth. Jeremiah Shepard Aged forty two years and John Burril aged fifty seven years, we whose names are subscribed being made choice of by the Inhabitants of the Town of Lyn in the Massachusetts Colony in New England to maintain their right to their properties and Lands invaded by Sir Edmund Androsse Governor, we do testify that (besides Sir Edmund Androsse his unreasonable demands of Money by way of Taxation, and that without an assembly, and Deputies sent from our Town according to ancient custom, for the raising of Money or levying of Rates) our Properties, our honest and just and true Titles to our Land were also invaded, and particularly a great and considerable tract of Land called by the name of the Nahants, the only secure place for the Grazing of some thousands of our Sheep, and without which our Inhabitants could neither provide for their own Families, nor be capacited to pay deuce or duties for the maintenance of the public, but (if dispossessed of) the Town must needs be impoverished, ruined, and rendered miserable, yet this very tract of Land being Petitioned for by Edward Randolph, was threatened to be rend out of our hands, notwithstanding our honest and just Pleas for our right to the said Land, both by alienation of the said Land to us from the Original Proprietors the Natives, to whom we paid our Moneys by way of purchase, and notwithstanding near fifty years peaceable and quiet possession and improvement, and also enclosure of the said Land by a Stone Wall, in which tract of Land also two of our Patentees were interested in common with us, viz. Major Humphreys, and Mr. Johnson, yet Edward Randolph Petitioning for the said Land, Sir Edmund the Governor did so far comply with his unreasonable motion, that we were put to great charges and expenses for the Vindication of our honest rights thereto, and being often before the Governor Sir Edmund and his Council for relief, yet could find no favour of our innocent cause by Sir Edmund, notwithstanding our Pleas of Purchase, ancient Possession, Improvement, Enclosure, Grant of the General Court, and our necessitous condition, yet he told us all these Pleas were insignificant, and we could have no true Title unless we could produce a Patent from the King, neither had any person a right to one foot of Land in N. E. by virtue of Purchase, Possession or Grant of Courts, but if we would have assurance of our Lands, we must go to the King for it, and get Patents of it. Finding no relief (and the Governor having prohibited Town Meetings, we earnestly desired Liberty for our Town to meet, to consult what to do in so difficult a case and exigency, but could not prevail. Sir Edmund angrily telling us that there was no such thing as a Town in the Country, neither should we have Liberty so to meet, neither were our Ancient Town Records (as he said) which we produced for the vindication of our Titles to said Lands worth a Rush. Thus were we from time to time unreasonably treated, our Properties, and civil Liberties and Privileges invaded, our misery and ruin threatened and hastened, till such time as our Country groaning under the unreasonable heavy Yoke of Sir Edmund's Government were constrained forcibly to recover our Liberties and Privileges. Jeremiah Shepard. John Burril. Jeremiah Shepard Minister, and John Burril Lieutenant, both of Lin, personally appeared before us, and made Oath to the truth of this Evidence, Salem. Feb. 3. 1689/ 90. John Hathorn. Assistant. Jonathan Corwin. Assistant. James Russel Esq on the behalf of the Proprietors of the stinted Pasture in Charlestown, and on his own personal account, declares as followeth. That notwithstanding the answer made to Sir E. A. his demand by some Gentlemen of Charlestown on the behalf of the Proprietors, which they judged satisfactory, or at least they should have a further hearing and opportunity to make out their Rights, there was laid out to Mr. Lidget adjoining to his Farm in Charlestown a considerable tract of Land (as it is said one hundred and fifty Acres) which was of considerable value, and did belong to divers persons, which when it was laid out by Mr. Wells there were divers bound marks showed by the Proprietors, and some of them, and I had Petitioned for a Patent for my particular Propriety, yet the whole tract was laid out to the said Lidget, who not only did cut down Wood thereon, without the right owner's consent, but Arrested some for cutting their own Wood, and so they were deprived of any means to use or enjoy their own Land. And notwithstanding there was about twenty Acres of Pasture Land and Meadow taken from the said Russel, and given to Mr. Lidget, yet afterwards there was a Writ of Intrusion served upon a small Farm belonging unto the said Russel, unto which the aforesaid Pasture Land did belong, and had been long improved by Patrick Mark his Tenant, (and others good part thereof) above fifty years, so that to stop Prosecution, the said Russell was forced to Petition for a Patent, he having a Tenant who was feared would comply in any thing that might have been to his prejudice, and so his Land would have been condemned under colour of Law, and given away as well as his Pastorage was without Law. Further the said Russel complains, that he having an Island in Cascobay, called Long-Island, which his honoured Father long since bought of Mr. Walker, and was confirmed to James Russell by the General Court, and improved several years by Captain Davis, by mowing as Tenant to the said Russell, and the said Russell hearing it was like to be begged away, caused his Writ to be entered in the Public Records in Mr. West's Office, which he paid for the Recording of; notwithstanding Sir E. A. ordered Capt. Clement's (as he said) to survey the same, and he shown me a Plate thereof, and said, If I had a Patent for it, I must pay three pence per Acre, it being 650 Acres. He was further informed, That if the said Russell would not take a Patent for for it, Mr. Usher should have it— Per James Russell. Jan. 30. 1689/ 90. James Russell Esq personally appeared before me, and made Oath to the truth of what is before written— William Johnson Assistant. Had not an happy Revolution happened in England, and so in New-England, in all probability those few ill men would have squeezed more out of the poorer sort of people there, than half their Estates are worth, by forcing them to take Patents. Major Smith can tell them, that an Estate not worth 200 l. had more than 50 l. demanded for a Patent for it. And if their boldness and madness would carry them out to oppress the Rich after such a manner as hath been showed, what might the Poor look for? Nevertheless, their Tyranny was beyond any thing that hath been as yet expressed: For if men were willing to bring their Titles to their Possessions to a Legal Trial, they were not only threatened, but fined and persecuted, and used with barbarous Cruelty. When some Gentlemen in Boston resolved in a Legal way to defend their Title to an Island there, Sir Edmund's Attorney threatened that it might cost them all that they are worth, and something besides, as appears by the following Affidavit. The Deposition of Captain Daniel Turel, and Lieutenant Edward Willis Sworn say, That upon a Writ of Intrusion being served on Deer-Island belonging to the Town of Boston, and let unto Colonel Samuel Shrimpton by the Select Men of the said Town, the Rent whereof being of long time appropriated towards the maintenance of a Free School in the Town, we the Deponents two of the select Men of the said Town, do testify, That meeting with Mr. James Graham upon the Townhouse, and telling him, that if Colonel Shrimpton did decline to personate the case of the said Island, we the select Men would. The said Graham said, Are you the Men that will stand Suit against the King? We the Deponents told him we would answer in behalf of the Town. The said Graham replied, There was no Town of Boston, nor was there any Town in the Country; we made answer we were a Town, and owned so to be by Sir Edmund Androsse Governor, in the Warrant sent us for the making a Rate; then the said Graham told us, We might stand the Trial if we would, but bid us have a care what we did, saying, it might cost us all we were worth, and something else too, for aught he knew, and further these Deponents say not— Jan. 30. 1689. Daniel Turel. Edward Willis. Captain Daniel Turel and Lieutenant Edward Willis appeared personally before me, and made Oath to the truth of what is above written. William Johnson Assistant. One of Sir Edmund's Council and Creatures, Petitioned for an Island belonging to the Town of Plymouth, and because the Agents of the said Town obtained a voluntary Subscription from the Persons concerned to bear the charge of the Suit; they were treated as Criminals, and against all Law, Illegally compelled to answer in another County, and not that where the pretended Misdemeanours were committed. And Mr. Wiswall the Minister of Duxbury having at the desire of some concerned transcribed a Writing which tended to clear the right they had to the Island in Controversy, and also concerning the abovesaid voluntary Subscription, both Transcribed in the Winter 1687. A Messenger was sent to bring him to Boston on the 21th June 1688. he was then lame in both Feet with the Gout, fit for a Bed than a Journey, therefore wrote to the Governor, praying that he might be excused until he should be able to Travel, and engaged that then he would attend any Court, but the next Week the cruel Officer by an Express Order from Sir E. A. forced him to Ride in that condition, being shod with Clouts instead of Shoes; and when he came before the Council he was there made to stand till the anguish of his Feet and Shoulders had almost overcome him; after he was dismissed from the Council, the Messenger came and told him, he must go to Goal, or enter into Bonds for his appearance at the next Superior Court held in Boston, and pay down 4 l. 2 s. in Silver. His Sickness forced him to decline a Prison, and to pay the Money. At the next Superior Court he appeared in the same Lame and Sick condition, and the extremity of the Wether cast him into such a violent Fit of Sickness, that he was in the judgement of others nigh unto death, and he himself thought that he should soon be out of their Bonds, and at liberty to lay his Information against his Oppressors before the Righteous Judge of the whole World. After all this having been forced a third time out of his own County and Colony near Forty Miles, he was delivered from the Hands and Humours of his Tyrannical Oppressors, who had exposed him to great difficulties, charges, and to 228 Miles Travel in Journeying to and from Boston, directly opposite to the place where he ought to have been tried, had he been guilty of any of the pretended Misdemeanours, none of which his worst Enemies ever had the Face to read in open Court, or openly to charge him with to this day. Now shall such Men as these talk of Barbarous Usage who have themselves been so Inhuman? Quis tulerit Gracchos de seditione querentes! 7. As for Sir E. A. his supplying the Indians with Ammunition in the time of actual War with them, the following Testimonies confirmed the people of N. E. in the belief of it. Lenox Beverley aged about twenty five years being Sworn, saith, That he being Soldier at Pemyquid the Winter time 1688. where was Captain General Sir E. A. Knight, there came to the Fort where Sir E. A. then was, two Squaws, the one Madocowandos Sister, and the other Moxis Wife (as was said,) and two other Indian Women that went along with them; they were in the Fort with Sir Edmund two days, and when they came forth they seemed to be half drunk, this Deponent and Peter Ripley was commanded to Guard these Squaws from Pemyquid to New Harbour, being in distance about two Miles, and as we passed on the way Madocowandos Sister laid down her Burden in the Snow and commanded the Deponent to take it up, whereupon the Deponent looked into the Basket, and saw a small Bag which he opened, and found it to be Gunpowder, which he judged five pounds' weight, and a Bag of Bullets of a greater weight, and the weight of the Basket I took up, was as much as the Deponent could well carry along, and the other three Squaws had each one of them their Baskets, which appeared rather to be of greater than lesser burden, than that the Deponent carried, which were all of them loaden, and brought out of the Fort, and Madocowandos' Sister said she had that Powder of Sir Edmund, and added, that she was to come again to him within four days— Lenox X Beverley his mark. Boston. Aug. 17. 1689. Sworn in Council. Attests Is. Addington Secretary. Gabriel Wood of Beverly aged about twenty four years, testifies, That being one of the Soldiers that was out the last Winter past, Anno 1688. in the Eastward parts, and under the command of Sir Edmund Androsse, and being then at Pemyquid with him, was commanded by him the said Sir E. together with so many more of the Soldiers as made up two Files to Guard and safely Conduct three Indian Women from Pemyquid aforesaid to New Harbour, which said Indian Women were all laden, and to my certain knowledge one of the said Women had with her in her said Journey a considerable quantity of Bullets, which she brought with her from Pemyquid aforesaid, and to my best apprehension, she had also a considerable quantity of Powder in a Bag in her Basket, but I did not see that opened, as I did see the Bullets, neither dared I be very inquisitive, the rest of the Soldiers in company with me seeing the Indians so supplied with Ammunition (as we all apprehended they were by our Governor and Captain General Sir E. A. aforesaid) we did very much question amongst ourselves, whether the said Sir E. did not intent the destruction of our Army, and brought us thither to be a Sacrifice to our Heathen Adversaries— The mark of Gabriel [A] Wood Gabriel Wood of Beverley in the County of Essex, personally appeared before me at Salem in N. E. Jan. 29. 1689/ 90. and made Oath to the Truth of the above said Evidence. John Hatherne Assistant. 8. That the Indians declared they were encouraged by Sir E. A. to make War upon the English, is most certainly true, although the Lying Author of that Scandalous Pamphlet, called New-englands' Faction discovered, has the impudence to say, that it is certainly false. Two Indians, Waterman and David, testify that the Maquas Indians sent a Messenger to Pennicock, to inform that Sir E. A. had been tampering to engage them to fight against the English. Another Indian called Solomon Thomas, affirmed, that Sir Edmund gave him a Book, and that he said that Book was better than the Bible, that it had in it the Picture of the Virgin Mary, and that when they should fight at the Eastward, Sir Edmund would sit in his Wigwam, and say, O brave Indians! Another Indian named Joseph (who was in hostility against the English) bragged that the Governor had more love for them than for the English. Another Indian named John James, did of his own voluntary mind declare to several in Sudbury, that Sir E. A. had hired the Indians to kill the English: The men to whom he thus expressed himself, reproved him, and told him that they believed he belied Sir E. A. and therefore they secured him, and complained to a Justice of Peace, by which means he was brought to Boston, but Sir E. instead of punishing, was kind to the Indian, when as both the Justice and the Sudbury man had (to use Mr. Palmer's phrase) horrible usage, by means whereof an Alarm and Terror ran through the Country, fearing some mischievous design against them. That this Relation is not a feigned story, the ensuing Testimonies make to appear. The Testimony of Waterman, and David, Indians, saith, That the Maquas sent a Messenger to Pennicock to inform, that Governor, Edmund Androsse hired the Maquas to fight the English, and paid down to them one Bushel of white Wompon, and one Bushel of black Wompon, and three Cart-loads of Merchant's goods, trucking Cloth and Cotton Cloth, and Shirt Cloth, and other goods. The Maquas said, That the English were their good Friends, and said, they would not fight them, for the English never wronged them, but the Maquas took the pay on account of the Maquas helping the English to fight their Enemies the last War. Witness our hands david's X mark. Waterman's Q mark. Test. Cornelius Waldo signior, Moses Parker, Thomas Read. The two Indians Waterman and David, appeared the 4th day, of May 1689. and to the Council then sitting owned the above-written to be truth; Isa. Addington Secretary. Rochester in the King's Province, Sept. 16. 1688. Samuel Eldred junior of Rochester came before Arthur Fenner and John Fones Esq two of His Majesty's Justices of the Peace, and did declare upon Oath, that on the Evening before an Indian whom he had seized, by name Joseph, did in an insulting and vaunting manner say, There was 500 at Martin's Vineyard, 700 at Nantucket, and 400 at Chappaquessot, all very well armed, and in a better manner than him the said Samuel Eldred, and that our Governor did not dare to disarm them, for that the Governor had more love for them, the said Indians, than for His Majesty's Subjects the English. The said Indian being brought before us, and examined, did confess the greatest part of what was sworn against him, and owned that he was one of them that were in hostility against the English in the late Wars, upon which the said Indian was committed to Gaol. Per Arthur Fenner, John Fones. The Testimony of Joseph Graves aged 46 years or thereabout, and Mary Graves about 30 years, of John Rutter aged about 40 years, witness that on the 2d day of January 1688. Solomon Thomas Indian, being at the house of Joseph Graves, in the Town of Sudbury, said, that when the Fight at the Eastward should be, if the Indians had the better of it, as the English did retreat, the Friend Indians were to shoot them down, but if the English get the day, we say nothing, and that in the Spring French and Irish would come to Boston, as many, and all won Indians, for that was the first place that was to be destroyed, and after that the Country Towns would be all won nothing. And further, the said Solomon said, that the Governor had given him a Book, which said Governor said, was better than the Bible, and all that would not turn to the Governors' Religion, and own that Book, should be destroyed. In which Book he the said Thomas said was the Picture of our Saviour, and of the Virgin Mary, and of the Twelve Apostles; and the Governor said, when we pray, we pray to the Virgin Mary; and when the Fight should be at the Eastward, the Governor would sit in his Wigwam, and say, O brave Indians! Whereupon John Rutter told the Indian, that he deserved to be hanged for speaking such things, but the Indian replied, it was all true. Upon the hearing this discourse, we resolved to come to Boston, and acquaint Authority with it, but by reason of the sickness of Jos. Graves, we could not presently, but as soon as conveniently we could, we accordingly appeared at Boston with our Information, which the said Joseph Graves carried to Mr. Bullivant a Justice of the Peace. Joseph Graves, John X Rutler signum. Marry Y Graves mark. Boston, Jan. 28. 1689. Joseph and Mary Graves came and made Oath to the truth above-written; Before me William Johnson Assistant, That when the English secured some of the Indians mentioned, and brought them before Sir E. A. Justices, they were basely & barbarously used for their pains, the following Affidavits show. Sudbury in New-England, March 22. 1688/ 9 Thomas Browne aged about Forty four years, and John Goodenow aged about Fifty four years, John Growt senior, aged near Seventy years, Jacob Moor aged about 44 years, Jonathan Stanhope aged about 57 years, and John Parmiter aged about 50 years, all Inhabitants of the Town of Sudbury aforesaid, do witness that we heard John James, Indian, of his own voluntary mind, say, That the Governor was a Rogue, and had hired the Indians to kill the English, and in particular, had hired Wohawhy to kill Englishmen, and that the Governor had given the said Wohawhy a gold Ring, which was his Commission, which gold Ring the said Wohawhy sold to Jonathan Prescott for two shillings in money: Whereupon we replied, Sirrah, you deserve to be hanged for what you say. John James the Indian replied, What you Papist, all one Governor. I speak it before Governors very face. This discourse of John James Indian, was at the place, and on the day above-written. Thomas Browne, John Goodenow, Jacob Moor, Jonathan Stanhope, John Parmiter. Thomas Browne and John Goodenow, two of the Subscribers above, having received this Declaration from John James the Indian, we thought it our duty forthwith to inform Authority, and did with the Indian presently go to Water-town to Justice Bond, where the said John James did voluntarily give his Testimony before the said Justice Bond, which after he had taken, the said Justice Bond ordered us the said Thomas Browne and John Goodenow to make our appearance before the Governor Sir E. A. or one of the Council with the Indian, which accordingly we did, when we came to the Governors' house; after long waiting in a very wet and cold season, we were admitted unto the Governors' presence, where we were detained until eleven or twelve a Clock at night, and after a very unkind Treat, we humbly prayed his Excellency, he would please to discharge us of the Indian, but he told us not, and joaked us, saying, we were a couple of brave men, and had the command, one of a Troop of Horse, and the other a Company of Foot, and could we not know what to do with a poor Indian? Further, he asked us what money we gave the Indian to tell us such news, and commanded us still to take care of the Indian till his pleasure was to call for us again, and this as we would answer it. Thus being severely chidden out of his presence, we were forced with the Indian to seek our quarters where we could find them. The next morning we were preparing to go home again to Sudbury (being 20 miles or more) being Saturday, we were again sent for by the Governor by a Messenger, to wait on the Governor with the Indian, which we did, and waited at the Exchange or Council-house in Boston, from nine a Clock in the morning till three of the Clock in the afternoon, where in the face of the Country we were made to wait upon the Indian with many squibs and scoffs that we met withal; at last we were commanded up before the Governor and his Council, where we were examined apart over and over, and about the Sunsetting were granted leave to go home, it being the Evening before the Sabbath. Thomas Browne, John Goodenow. On Monday Morning following being the 25th of March. 1689. Jacob Moor, Joseph Graves, Joseph Curtis, Joseph Moor, Obadiah Ward, were by Thomas Larkin as a Messenger fetched down to Boston, where after Examination, Jacob Moor was committed to close Prison. Joseph Moor, Joseph Graves, Joseph Curtis, and Obadiah Ward were sent home again, paying the said Larkin twelve shillings per Man. On the next Monday Morning after, being the first day of April 1689. Samuel Gookin the Sheriff of Middlesex and his Deputy came up to Sudbury, and commanded Thomas Browne, John Goodenow Senior, John Growt Senior, Jonathan Stanhope, John Parmiter, forthwith to appear at Boston, at Colonel Page's House, but it being a Wet and Cold Day, we were detained at Judge Dudleys' house at Roxbury, where after long waiting, had the kindness shown us, to have an examination every man apart before Judge Dudley, Judge Stoughton, Mr. Graham and others, and were bound over to answer at the next Superior Court to be held at Boston, what should there be objected against us upon his Majesty's account. Thomas Browne, John Goodenow Senior, John Growt Senior, were each of them bound over in three hundred pound Bonds, and each man two sureties in three hundred pound Bond a piece. John Parmiter and Jonathan Stanhope, were bound in a hundred pound a piece, besides the loss of our time and hindrance of our Business, the reproach and ignominy of Bond and Imprisonment, we shall only take the boldness to give a true account of what money we were forced to expend out of our own Purses as followeth, to the Sheriff and other necessary Charges. l. s. d. Thomas Browne. 2 00 00 J. Goodenow Senior. 2 00 00 J. Growt Senior. 0 10 00 J. Rutter Junior. 3 05 00 Joseph Curtis. 0 17 00 Jacob Moor. 3 00 00 Jonathan Stanhope. 0 15 00 John Parmiter. 0 15 00 Joseph Graves. 3 15 00 Thomas Browne. John Goodenow. Jacob Moor. Jonathan Stanhope. Joseph Curtis. John Parmiter. Boston the 21st. of Decemb. 1689. Jurat. cor. Isaac Addington Assistant. Although no man does accuse Sir Edmund merely upon Indian Testimony, yet let it be duly weighed (the premises considered) whether it might not create suspicion and an astonishment in the People of New-England, in that he did not punish the Indians who thus charged him, but the English who complained of them for it. And it is certain, that some very good and wise men in New England do verily believe that he was deeply guilty in this matter, especially considering what might pass between him and Hope Hood an Indian, concerning which Mr. Thomas Dantforth the present Deputy Governor at Boston in New England, in a Letter bearing date April 1. 1690. writeth thus— The Commander in chief of those that made this spoil (i. e.) the spoil which was made in the Province of Maine on the 18th of March last, is Hope Hood an Indian, one that was with sundry other Indians in the summer 1688 seized by some of Sir Edmund's Justices and Commanders in the Province of Maine, and sent Prisoners to Boston, Sir E. being then at the Westward, where he continued absent many weeks; upon his return finding the Indians in Prison, fell into a great rage against those Gentlemen that had acted therein, declared his resolution to set them at liberty and calling his Council together, was by some opposed therein, and among others, one Gentleman of the Council accused this Hope Hood to be a bloody Rogue, and added that he the said Hope Hood, had threatened his Life, and therefore prayed Sir E. that he might not be enlarged, but Sir E. made a flout and scorn of all that could be said. At the same time some of the Council desired Sir E. that this Hope Hood might be sent for before the Council, to which he replied, that he never had had a quarter of an hours conference with any of them, and that he scorned to discourse with any Heathen of them all, yet all this notwithstanding, at the same time whilst the Council was thus met, did Sir Edmund privately withdraw himself, and repair to the Prison where this Hope Hood was Prisoner, and did there continue with him two or three hours in private, the truth of what is above related is attested by sundry Gentlemen that were of Sir Edmund's Council, and were then Ear Witnesses and likewise by others that saw Sir E. at the Prison; and it is now verily believed that at that very time he consulted the mischief that is now acted by the said Hope Hood and Company. Thus Mr. Dantforth. 9 That Sir Edmund Androsse discountenanced making defence against the Indians, is complained of by five Gentlemen who were of his Council, and much concerned at his strange actings in that matter as in the account annexed to this Apology is to be seen. It is also confirmed by the Affidavits of two honest men— Henry Kerley aged about fifty seven years and Thomas How aged thirty five years or thereabouts, both Inhabitants of the Town of Malborough, do both testify that in the Fall of the year, 1688. When Sir Edmund Androsse came from New-York to Boston, sometime after the Indians had killed some English men at North-field in New England, coming through our Town of Malborough, the said Sir E. A. examined this Deponent Henry Kerley by what Order we did Fortify and Garrison our Houses, I answered it was by order of Captain Nicholson, the said Sir E. then said, he had no power so to do. He the said Sir E. examined what Arms we made use of, and carried with us on the Watch, and what charge was given us, answer was made by the Deponent, they carried Fire Arms, and the charge was to keep a true Watch, to examine all we met with, and secure suspicious persons that we met with, the said Sir E. said what if they will not be secured, and what if you should kill them, answer was made by the Deponent, that if we should kill them, we were in our way, than Mr. Randolph being there in the company said, you are in the way to be hanged. Sir E. A. said further that those persons that had left their Houses to dwell in Garrisons, if they would not return, others should be put in that would live there. Henry Kerley. Thomas How. Boston the 27th of Decemb. 1689. Jur. Henry Kerley, and the 2d of Janu. 1689. Jur. Thomas How. Cor. Is. Addington. Assistant. That Sir Edmund's High Sheriff was a Stranger in the Country, and one that had no Estate there needs no proof, and that Strangers who had no Freehold, were Impanelled for Jurors is notoriously known. So it was in the case of the Ipswich-men as hath been noted, and when that Reverend person Mr. Charles Morton, was causelessly and maliciously prosecuted, he was not only compelled to answer (contrary to Law) in another County, and not in that wherein the good Sermon they found fault with, was Preached, but that if possible, they might give him a blow, there was summoned to serve as a Jury man, one John Gibson no Householder nor of any Estate or Credit, and one John Levingsworth a Bricklayer, who lived in another Colony two hundred Miles distance. When those in Government will use such base Artifices as these to accomplish their pernicious designs, how should any man's Estate or Life be secure under them? 11. That the persons objected against, were some of them guilty of great extortion is manifest from what hath been related, and may yet be further proved, for (as by some instances we have already seen, and shall now hear more) they compelled men to take Patents for their own Lands, which they, and their Fathers before them, had quietly possessed till these covetous Creatures became a Nuisance to the Country, and it may be none more Criminal, as to this particular, than Mr. Palmer and Mr. West.— A Friend of their own viz. Mr. Randolph does in several of his Letters bitterly complain of them upon this account. In a Letter of his of August the 25th 1687. he writeth thus. I believe all the Inhabitants in Boston will be forced to take Grants and Confirmations of their Lands, as now intended, the Inhabitants of the Province of Maine which will bring in vast profits to Mr. West, he taking what Fees he pleases to demand. I shall always have a due Honour and Respect for his Excellency, but I must buy his Favour at three or four hundred pound a year loss. And in another to the same, June 21. 1688. he hath these words. I went to one Shirt, Town-Clerk of Pemyquid to know what Leases were made lately, and by whom, and for what quit Rend, he told me that above a year ago Captain Palmer, and Mr. West produced to them a Commission from Colonel Dungar, to dispose of all their Lands to whoever would take leases at five shillings the hundred Acres quit Rend. They let there and at a place called Dartmouth twelve or sixteen Miles distant from Pemyquid about one hundred and forty Leases, some had eight hundred or ten hundred Acres, few less than a hundred, some but three or four Acres, and all paid 2 l. 10 s. for passing their Grants of 100 Acres of Wood Land, with twenty Acres of Marsh where ever it could be found, but this bred a great mischief among the People; few or none have their Land measured or marked, they were in haste, and got what they could, they had their Emissaries amongst the poor people, and frighted them to take Grants, some came and complained to the Governor, and prayed him to confirm their Rights, which he refused to do, the Commission and whole proceeding being Illegal, having notice they were to be under his Government, they resented it, but it served their turn. The poor have been very much oppressed here, the Fort run all to ruin, and wants a great deal to repair it, Captain Palmer and Mr. West laid out for themselves such large lots. and Mr. Graham though not there, had a Child's Portion, I think some have eight thousand or ten thousand Acres. I hear not of one penny rend coming in to the King, from them who have their Grants confirmed at York, and the five shillings an hundred Acres was only a Shame upon the People: at our return we saw very good Land at Winter Harbour, enough to make large settlements for many people. The Governor will have it first measured, and then surveyed, and then will dispose of it for settlements, Mr. Graham and his Family are settled at Boston, he is made Attorney General, and now the Governor is safe in his New-York Confidents, all others being Strangers to his Council. 'Twas not well done of Palmer and West to tear all in pieces that was settled and granted at Pemyquid by Sir E. that was the Scene where they placed and displaced at pleasure and were as Arbitrary as the great Turk, Some of the first setlers of that Eastern Country were denied Grants of their own Lands, whilst these men have given the Improved Lands amongst themselves of which I suppose Mr. Hutchinson hath complained. In another, May the 16th 1689. he says; I must confess there have been ill men from New-York, who have too much studied the disease of this people, and both in Courts and Councils, they have not been treated well. Thus does Edward Randolph, a Bird of the same Feather with themselves confess the truth, as to this matter, concerning his Brother Palmer and West. And that Oppressive Fees have been extorted by Indigent and Exacting Officers is declared by Mr. Hinckley the present Governor of New-Plymouth in his Narrative of the Grievances and Oppressions of Their Majesty's good Subjects in the Colony of New-Plymouth in New-England, by the Illegal and Arbitrary Actings in the Late Government under Sir E. A. which Narrative is too large to be here inserted, but it is possible it may be published by itself, whereby it will appear that every corner in the Country did ring with complaints of the Oppressions, and (to speak in Mr. Palmer's phrase) horrible Usages of these ill Men. Some passages out of Mr. Hinckley's Narrative respecting this matter, we shall here Transcribe, whose words are these which follow. The Bill of Cost Taxed by Judge Palmer seems also to be the greatest Extortion ever heard of before, as thrice twenty Shillings for three motions for Judgement at the same Term, (and was it not their courtesy they did not move ten times one after another at the same rate) and Taxed also, five pound for the King's Attorney, and one and twenty Shillings for the Judges, and ten Shillings for the Sheriff, and other particulars as by the said Bill appeareth, and that which makes it the greater Extortion is, that the whole Bill of Cost was exacted of every one of them, which each of them must pay down, or be kept Prisoners till they did, though all seven of them were jointly informed against in one Information. Thus Mr. Hinckley. The cry of poor Widows and Fatherless is gone up to Heaven against them on this account; for the Probate of a Will and Letter of Administration above fifty Shillings hath been extorted out of the hands of the Poor, nay they have been sometimes forced to pay more than four Pounds, when not much above a Crown had been due. Let Andrew Sergeant and Joseph Quilter among many others speak if this be not true, who were compelled to Travel Two Hundred Miles for the Probate of a Will, and to pay the unreasonable and oppressive Fees complained of,— Besides these things, under Sir Edmund's Government they had wicked ways to extort Money when they pleased. Mr. William Coleman complains (and hath given his Oath accordingly) that upon the supposed hired Evidence of one Man he sustained Forty Pound damage in his Estate. And there were complaints all over the Country that Sir Edmund's Excise-men would pretend Sickness on the Road, and get a Cup of Drink of the Hospitable People, but privately drop a piece of Money, and afterwards make Oath that they bought Drink at those Houses, for which the Innocent Persons were fined most unreasonably, and which was extorted from them, though these Villainies were declared and made known to those then in Power. William Goodhue, James and Mary Dennis might be produced as Witnesses hereof, with many more. Some of Sir Edmund's Creatures have said, That such things as these made his Government to stink. Also John Hovey and others complain of sustaining Ten Pound damages by the Extortion of Officers, though never any thing (they could hear of) was charged upon them to this day, John and Christopher Of good complain of their being sent to Prison nine or ten days without a Mittimus, or any thing laid to their charge, and that afterwards they were forced to pay excessive charges— It would fill a Volume, if we should produce and insert all the Affidavits which do confirm the truth of these complaints. In the time of that unhappy Government, if the Officers wanted Money, it was but Seizing and Imprisoning the best Men in the Country for no fault in the World, and the greedy Officers would hereby have Grist to their Mill. Thus was Major Appleton dealt with. Thus Captain Bradstreet. Thus that worthy and worshipful Gentleman Nathaniel Salstorishal Esquire was served by them and barbarously prosecuted, without any Information or Crime laid to his charge; for he had done nothing worthy of Bonds, but it was the pleasure of Sir E. and some others thus to abuse a Gentleman far more Honourably descended than himself, and one concerned in the Government of N. E. before him, but (to his Eternal Renown) one who refused to accept of an Illegal and Arbitrary Commission, when in the Reign of the Late K. James it was offered to him— We have now seen a whole Jury of complaints which concur in their Verdict against Sir E. A. and his Confederates. Were these things to be heard upon the place, where the Witnesses who gave in their Affidavits are resident, they would amount to legal proof, as to every particular which was by the Agents of the Massachusetts Colony in N. E. objected against Sir E. A. and others Seized and Secured by the people there. Moreover, there are other matters referring to Sir E. A. which caused great, and almost Universal Jealousy of him. For, 1. His Commission was such as would make any one believe that a Courtier in the time of the Late King James spoke true, who said Sir E. A. was sent to New-England on purpose to be a Plague to the people there. For he with three or four more (none of them chosen by the people, but rather by that Implacable Enemy who prosecuted the Quo Warranto 's against their Charters, had power given them to make Laws, and raise what Moneys they should think meet for the support of their own Government, and he had power himself alone to send the best and most useful Men a Thousand Miles, (and further if he would) out of the Country, and to Build Cities and Castles (in the Air if he could) and demolish them again, and make the Purses of the Poor people pay for it all. Such a Commission was an unsufferable grievance, and no honest Englishman would ever have accepted of it, or acted by it— Secondly Jealousies were augmented by his involving the Country in a War with the Indians, by means whereof he hath occasioned the Ruin of many Families and Plantations; yea the Death, or Captivity of we know not how many Souls. For he went (with the Rose Frigate, and violently seized, and took, and carried away, in a time of peace all the Household Goods and Merchandises of Monsieur Casteen a Frenchman at Penobscot who was Allied to the Indians, having Married the Daughter of one of their Princes whom they call Sagamores or Sachems; and when this was done, it was easy to foresee, and was generally concluded that the French and Indians would soon be upon the English, as it quickly came to pass. After the Flame was kindled, and Barbarous Outrages committed by the Indians, Sir Edmund's managery was such as filled the Country with greater fears of an horrid design. For Bloody Indians whom the English had secured, were not only dismissed, but rather courted than punished by him. 3. It cannot be expressed what just and amazing fears surprised the People of New-England, when they had notice of the Late King James' being in France, lest Sir E. A. whose Governor and Confident he was, should betray them into the Power of the French King, other circumstances concurring to strengthen these fears. The Mohawks and other Indians were in hostility against the French, and it was very advantageous to the English Interest to have it so, but Sir E. caused them to make a Peace with the French, whereby the French Interest in those parts was strengthened, and the English weakened. Mr. Peter Reverdy (a French Protestant) in his Memoirs concerning Sir E. A. complains of this. After that Sir E.A. and his Complices were secured, such reports and informations came to hand, as made New-England admire the Divine Providence in accomplishing what was done against the late Oppressors. They then saw the persons from whom they suspected the greatest danger, were now incapable of betraying them— If an unaccountable Instinct and Resolution had not animated the Inhabitants in and about Boston, to seize on those few men, the People there believe N. E. would have been in the hands not of King William but King Lewis this day: For in Sept. 1689. several Vessels belonging to N. E. were taken near Cansir in America by some French Men of War. The Prisoners since at liberty, inform, that the French told them, that there was a Fleet of Ships bound from France directly for Boston in N. E. but some of them were taken by the English Ships of War, and three or four of them lost at Newfoundland, and that Sir E. A. had sent to the French King for them to come over, and the Country should be delivered up. And the Lieutenant of a Frenchman of War professed, that if Sir E. A. had not been imprisoned, they would then have gone to Boston. This shows what a good Opinion the French had of him, and such reports so testified made a strange impression on the spirits of the People throughout the Country: And that the World may see we do not write Fictions of our own, the subsequent Affidavits are produced and here inserted. John Langford of Salem testifieth, That he being in the Catch Margaret of Salem, Daniel Gygles Commander, they were taken by the French Ships off of Tarbay in America near Cansir on Tuesday the 17th day of September last passed, and being put on board of the Admiral, viz. The Lumbuscado, and in the said Ship carried a Prisoner to Port Royal, and then did hear several of the Company on board the said Ship say, that they came directly from France, and that there was ten or twelve Sail of them Ships of War that came in company together, but some of them were taken upon the Coast of France, and some were lost since, and that they were all bound directly for N. E. and that Sir E. A. late Governor of N. E. had sent to the French King for them to come over, and the Country should be delivered up into his hands, and that they expected that before they should arrive, it would have been delivered into the hands of the French. John Langford. Benjamin Majery of Salem Jersey-man also testifieth, That he being taken the same day, and at the same place in the Catch Diligence, Gilbert Peter's Commander, as is abovesaid in the Evidence of John Langford, he heard the same related, by several of the company on board the other French Ship of War that was in company with the Lumbuscado; viz. The Frugum, so called, that there was ten Sail of them came out directly from France together; that Sir E. A. late Governor of N. E. had sent to the King of France for them to come over, and he would deliver the Country into their hands, and that they were bound directly for Boston in N. E. but had lost most of their Ships coming over. The mark M of Benjamin Majery. John Langford and Benjamin Majery both made Oath to the truth of these their respective Evidences in Salem, Novemb. 23. 1689. Before me John Hathorne Assistant. Joshua Conant testifieth, That he being Commander of the Catch, Thomas and Mary of Salem, he was taken by three French Ships off from Tarbay, near Cansir, upon Tuesday the 17th of September last, two of which were Ships of War, the other a Merchantman, and being put on board the Admiral, viz. the Lumbuscado, and therein carried to Port-Royal, a Prisoner, Mr. Mero told me that the French on board told him, that there was ten Sail of them Ships of War came out in company together from France, and that they came directly from France, and were bound to Boston in N. E. and that Sir E. A. had sent to the French King for them, and that the Country was to be delivered up into their hands; but having lost several of their Ships in their Voyage, and hearing that Sir E. A. was taken, and now in hold, should not proceed at present, but threatened what they would do the next Summer. Joshuah Conant. Joshuah Conant personally appeared before me, and made Oath to the truth of the abovesaid Evidence. Salem, Novemb. the 23d. 1689. John Hathorne Assistant. Philip Hilliard of Salem, Jersey-man testifieth, That he was taken by the French in a Catch belonging to Salem; viz. The Thomas and Mary, Joshua Conant. Commander off from Torbay, near Cansir, this Autumn Septemb. 17. and being carried on board the Lumbuscado, did on board the said Ship hear several of the company say, that there was about twelve Sail of them Ships of War, came out in company together from, France, and were bound directly for Boston in N. E. and that Sir E. A. the late Governor there had sent into France for them to come over. The mark 8 of Philip Hilliard. Philip Hilliard personally appeared before me, and made Oath to the truth of the abovesaid Evidence. Salem, Novemb. the 23. 1689. John Hathorne Assistant. James Cocks of Salem Mariner testifieth, That he was taken by the French in the Catch Margaret of Salem, Daniel Gygles Commander on Tuesday the 17th of September last passed off from Tarbay near Cansir by two French Ships of War, who had one Merchantman in company with them, and he being carried on board their Admiral, viz. the Lumbuscado, he there met with a man he had known in London, one of the said Ships Company, who was a Biscay born, named Peter Goit, who told him that there was thirteen Ships of them came out of France in company together, and that they were bound directly for Boston in New-England, expecting that the Country was before, or would be at their coming delivered up to the King of France, and told him, before they could get clear of the Coast of France, several of their Ships were taken by the English Ships of War, and the rest of their Fleet taken or dispersed and lost about Newfoundland. The mark SS of James Cocks. James Cocks personally appeared before me, and made Oath to the truth of the abovesaid Evidence. Salem, Nou. 23. 1689. John Hathorne Assistant. But as to one of the Crimes objected against Sir E. A. and his Arbitrary Complices, Habemus confitentem reum. Mr. Palmer cannot deny but that they levied moneys on the King's Subjects in New-England, contrary to the fundamentals of the English Government, which doth not allow the imposition of Taxes without a Parliament. The New-Englanders supposed that their late Oppressors had been guilty of no less than a capital Crime by their raising Money in such a way as they did; and we are assured that one of them after he received, and before he acted by virtue of his illegal Commission from the Late King, professed, that if ever he had an hand in raising a penny of Money without an Assembly, his neck should go for it; and yet no man that we know of had a deeper hand in it than this person had. But Mr. Palmer, for the justification of this so foul a business, lays down several Positions which he would have no man deny; One of his Positions is, That it is a fundamental Point consented to by all Christian Nations, That the first discoverer of a Country inhabited by Infidels, gives a right and dominion of that Country to the Prince in whose service and employment the discoverers were sent. These are his words, p. 17. We affirm, that this fundamental Point (as he calls it) is not a Christian, but an unchristian Principle. It is controverted among the Schoolmen, an dominium fundatur in gratiâ, Papists are (as Mr. Palmer is) for the affirmative, but the Scripture teaches us to believe that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Heathen Nations, and the Sons of Adam, and not the Children of Israel only, have a right to the Earth, and to the Inheritance which God hath given them therein, Deut. 32.8. When Mr. Palmer hath proved that Infidels are not the Sons of Adam, we shall consent to his notion, that Christians may invade their Rights, and take their Lands from them, and give them to whom they please, and that the Pope may give all America to the King of Spain. But let him know, that the first Planters in New-England, had more of conscience and the fear of God in them, than it seems Mr. Palmer hath. For they were not willing to wrong the Indians in their Properties; for which cause it was that they purchased from the Natives their right to the Soil in that part of the World, notwithstanding what right they had by virtue of their Charters from the Kings of England. Mr. Palmer's Position is clearly against Jus Gentium & Jus Naturale, which instructs every man, Nemini injuriam facere. He that shall violently, and without any just cause take from Infidels their Lands, where they plant, and by which they subsist, does them manifest injury. And let us know of Mr. Palmer if Christian Princes have power to dispose of the Lands belonging to Infidels in the West-Indies, whether they have the like Dominion over the Lands belonging to the Infidels in the East-Indies, and if these Infidels shall refuse to consent that such Christians shall possess their Lands, that then they may lawfully Vi & Armis expel or destroy them, as the Spaniards did! We may send Mr. Palmer for further instruction in this point to Balaam's Ass, which ingenuously acknowledged that her Master (though an Infidel) had a Property in, and right of Dominion over her, Numb. 22.30. But this Gentleman hath some other Assertions which he would have us take for postulata, and then we shall be his Slaves without all peradventures. He tells us in page 17, 18, 19 that the English Plantations (in particular New-England) are no parts of the Empire of England, but like Wales and Ireland, which were Conquered, and belong to the Dominion of the Crown of England, and that therefore he that wears the Crown, may set up Governments over them, which are Despotic and Absolute, without any regard to Magna Charta, and that whereas in Barbadoes, Jamaica, Virginia, etc. they have their Assemblies, that's only from the favour of the Prince, and not that they could pretend Right to such Privileges of Englishmen. And now we need no further discovery of the man. Can the people of N. E. who are zealous for English Liberties ever endure it long, that such a person as this should be made one of their Judges, that so by squeezing them, he might be able to pay his Debts? And can any rational man believe, that persons of such Principles did not Tyrannize over that people when once they had them in their cruel Clutches, and could pretend the Authority of the late King James for what they did? In our opinion Mr. Palmer hath not done like a Wise man thus to expose himself to the just resentments and indignation of all the English Plantations. If ever it should be his chance to be amongst them again, what could he expect but to be looked on as communis Hostis, when he thus openly declares that they have no English Liberties belonging to them?— That worthy Gentleman Sir William Jones (who was Attorney General in the Reign of King Charles the second) had certainly more understanding in the Law than Captain Palmer, and yet Captain Palmer (we suppose) is not ignorant that when some proposed, that Jamaica (and so the other Plantations) might be governed without an Assembly, that excellent Attorney (not like Captain Palmer but like an Englishman) told the then King, That he could no more Grant a Commission to Levy Money on his Subjects there without their consent by an Assembly, than they could discharge themselves from their Allegiance to the English Crown; and what Englishmen in their right Wits will venture their Lives over the Seas to enlarge the King's Dominions, and to enrich and greaten the English Nation, if all the reward they shall have for their cost and adventures shall be their being deprived of English Liberties, and in the same condition with the Slaves in France or in Turkey! And if the Colonies of N. E. are not to be esteemed as parts of England, why then were the Quo Warranto 's issued out against the Government in Boston as belonging to Westminster in Middlesex! Are the English there, like the Welsh and Irish a Conquered people? When Mr. Palmer hath proved that, he hath said something. They have (through the Mercy of God) obtained Conquests over many of their Enemies, both Indians and French, to the Enlargement of the English Dominions. But except Mr. Palmer and the rest of that Crew will say, That his and their domincering a while was a Conquest, they were never yet a Conquered People. So that his alleging the case of Wales and Ireland before English Liberties were granted to them, is an impertinent Story. Besides, he forgets that there was an Original Contract between the King and the first Planters in New-England, the King promising them, if they at their own cost and charge would subdue a Wilderness, and enlarge his Dominions, they and their Posterity after them should enjoy such Privileges as are in their Charters expressed, of which that of not having Taxes imposed on them without their own consent was one. Mr. Palmer and his Brethren Oppressors will readily reply, Their Charter was condemned. But he cannot think, that the Judgement against their Charter made them cease to be Englishmen. And only the Colony of the Massachusetts had their Charter condemned. And yet these Men ventured to Levy Moneys on the King's Subjects in Connecticott Colony. For the which Invasion of Liberty and Property they can never answer. Indeed they say the Corporation of Connecticott surrendered their Charter. But who told them so? It is certain, that no one belonging to the Government there, knoweth of any such thing; and how their Oppressors should know that Connecticott made a Surrender of their Charter when the Persons concerned know nothing of it, is very strange. We can produce that written by the Secretary of that Colony with his own Hand, and also Signed by the present Governor there, which declares the contrary to what these Men (as untruly as boldly) affirm. Witness the words following. In the Second year of the Reign of King James the Second, we had a Quo Warranto served upon us by Edward Randolph, requiring our appearance before His Majesty's Courts in England, and although the time of our appearance was elapsed before the serving of the said Quo Warranto, yet we humbly petitioned His Majesty for his Favour, and the continuance of our Charter with the Privileges thereof. But we received no other favour but a second Quo Warranto, and we well observing that the Charter of London and other considerable Cities in England were condemned, and that the Charter of the Massachusetts had undergone the like Fate, plainly saw what we might expect, yet we not judging it good or lawful to be active in surrendering what had cost us so dear, nor to be altogether silent, we empowered an Attorney to appear on our behalf, and to present our Humble Address to His Majesty, but quickly upon it as Sir E. A. informed us, he was empowered by His Majesty to Receive the Surrender of our Charter, if we saw meet so to do, and us also to take under his Government. Also Colonel Thomas Dungan His Majesty's Governor of New-York, laboured to gain us over to his Government. We withstood all these motions, and in our reiterated Addresses, we Petitioned His Majesty to continue us in the free and full enjoyment of our Liberties and Properties, Civil and Sacred, according to our Charter. We also Petitioned that if His Majesty should not see meet to continue us as we were, but was resolved to annex us to some other Government; we than desired that in as much as Boston had been our old Correspondents, and a people whose Principles and Manners we had been acquainted with, we might rather be annexed to Sir E. A. his Government, than to Colonel Dungans, which choice of ours was taken for a resignation of our Charter, though that was never intended by us for such, nor had it the Formalities in Law to make it such. Yet Sir E. A. was Commissionated to take us under his Government, pursuant to which about the end of October 1687. he with a Company of Gentlemen and Granadeer to the number of Sixty or upwards came to Hartford the Chief Seat of this Government, caused his Commission to be read, and declared our Government to be dissolved, and put into Commission both Civil and Military Officers throughout our Colony as he pleased. When he passed through the principal parts thereof, the good people of the Colony though they were under a great sense of the injuries sustained thereby, yet chose rather to be silent and patiented than to oppose, being indeed surprised into an involuntary submission to an Arbitrary Power— Robert Treat Governor. John Allen Secretary. Hartford, June 13. 1689. Thus did Sir E. A. and his Creatures, who were deeply concerned in the Illegal Actions of the Late Unhappy Reigns, contrary to the Laws of God and Men, commit a Rape on a whole Colony; for which Violence it is hoped they may account, and make reparation (if possible) to those many whose Properties as well as Liberties have been Invaded by them— Captain Palmer in the close of his partial account of N. E. entertains his Readers with an harangue about the Sin of Rebellion, and misapplies several Scriptures that so he might make the World believe that the people of N. E. have been guilty of wicked Rebellion by their casting off the Arbitrary Power of those ill men who invaded Liberty and Property to such an intolerable degree as hath been proved against them. But does he in sober sadness think, that if when Wolves are got among Sheep in a Wilderness, the Shepherds and Principal men there shall keep them from Ravening, that this is the Sin of Rebellion condemned in the Scripture? How or by whose Authority our Lawyer comes to play the Divine we know not. But since he hath thought meet to take a Spiritual Weapon into his hand, let him know that the Scripture speaks of a lawful and good Rebellion, as well as of that which is unlawful. It is said of good Hezekiah that he Rebelled against the King of Assyria and served him not, 2 Kings 18.7. Indeed reviling Rabshakch upbraided him, and said as in verse 20. thou Rebellest (not unlike to Captain Palmer) saying to N. E. thou rebellest. Hezekiahs' predecessors had basely given away the Liberties of the people, and submitted to the Arbitrary Power of the Assyrians, and therefore Hezekiah did like a worthy Prince in casting off a Tyrannical Government, and asserting the Liberty of them that were the Lords People, and God did signally own and prosper him in what he did, and would never permit the Assyrian to regain his Tyrannical Power over Jerusalem or the Land of Judah, though for their trial he permitted their Enemies to make some Devastations among them. The like (we hope) may be the happy case of New England. Mr. Palmer tells us, that N. E. hath valued itself for the true profession and pure exercise of the Protestant Religion, but he intimates that they will be termed a Land full of Hypocrisy and Rebellion, Irreligion, and a degenerate wicked people, p. 39 And is this the Sincerity and Christian Moderation which he boasts himself of in his Preface? Surely these are the Hissing of the Old Serpent and do sufficiently indicate whose Children the men are that use them. Since he will be at Divinity, let him (if he can) read the Apologies written by Justin Martyr, and Tertullian and there see if Pagans did not accuse Christians of Old just after the same manner, and with the same Crimes that he wickedly upbraids that Good and Loyal People with. Who are they that use to call the Holiest and most Conscientious men in the World, Hypocrites, Liars, Rebels, and what not? but they that are themselves the greatest Hypocrites, Liars, and Rebels against Heaven that the Earth does bear? It is hard to believe that Captain Palmer does not rebel against the light of his own Conscience, when he affirms as in Page (38) that in N. E. every thing that hath any relations to their Majesties is neglected, and unregarded without any recognition of their Authority over those dominions. He cannot be ignorant of the humble Addresses which the people in N. E. have from time to time made to their present Majesties, acknowledging their Authority. He knows that on the first notice of their Majesty's being proclaimed King and Queen in England, both those now in Government in N. E. and the body of the people with them, did (without any command) of their own accord, with the greatest Joy proclaim their Majesties in N. E. he knows that their Majesties have no subjects more cordially and zealously devoted to them than those in N.E. are, or that do with greater fervour pray for their long and happy Reigns, or that are more willing to expose themselves to the utmost hazards in their service, and yet this man that knoweth all this, to cast an Odium on that Loyal and Good people, insinuates as if they were Rebels, and disaffected to the Present Government, and designed to set up an Independent Common Wealth, and had no regard to the Laws of God or Men. After this lying and malicious rate hath he expressed himself— What Rational Charity can be extended so far as to believe that 'tis possible for him to think that what himself hath written is true? When Sanballat wrote that Nehemiah and the Jews with him intended to Rebel, did he believe what he had written? no, he did not, but feigned those things out of his own heart. The like is to be said of those Sanballats that accuse the people of N. E. with thoughts of Rebellion. And so we have done with Mr. Palmer. What hath been said is sufficient to justify the Revolution in N. E. and to vindicate the People there from the Aspersions cast upon them by their Enemies. Several Worthy Gentlemen have under their hands given an account concerning some of Sir Edmund's Arbitrary proceed, which is subscribed by five (and more would have concurred with them had there been time to have communicated it) of those who were of Sir Edmund's Council during his Government there, and for that cause their complaints carry the more weight with them, which shall therefore as a Conclusion be here subjoined. Reader, THere is such Notoriety as to Matter of Fact in the preceding Relation, that they who Live in New-England are satify'd concerning the Particulars contained therein. If any in England should Hesitate, they may please to understand that Mr. Elisha Cook, and Mr. Thomas Oakes (who were the last Year sent from Boston to appear as Agents in behalf of the Massachusetts Colony) have by them Attested Copies of the Affidavits (at least wise of most of them) which are in this Vindication published, and are ready (if occasion serve) to produce them. FINIS.