LIFE AND TIMES SAMUEL GORTON f/xvy -^ ^<*S* '^V ^A .^ '? trC^ o Class t^^^ Book __J3-7/ Copyii^htN° COPYRIGHT DEPOSIT. THE LIFE AND TIMES OF SAMUEL GORTON THE FOUNDERS AND THE FOUNDING OF THE REPUBLIC A SECTION OF EARLY UNITED STATES HISTORY AND A HISTORY OF THE COLONY OF PROVIDENCE AND RHODE ISLAND PLANTATIONS IN THE NARRAGANSETT INDIAN COUNTRY NOW THE STATE OF RHODE ISLAND I ^92 — 1 6 z 6 — 1 677 — 1 687 With a geaealogy of Samuel Gorton's descendants to the present time CJompiled from varioua accounts, histories, letters, and published and unpublished records By ADELOS GORTON, Member of the Historical Society of Pennsylvania, the New York Genealogical and Bio fraphical Society, the Rhode Island Historical Society, the American Academy of Political and Social Science, etc. Author of " Bible Prophecies," "Symbolic Langua?e." "Anti- quated Words," "Dictionary of the Bible," "Dictionary of Religious Sects," "Short Stories," etc. Collaborator with Hampton L. Carson, LL. D., in the preparation of " The History of the Supreme Court of the United States." PHILADELPHIA 1907 \ L!a «/*.?! Y of congress] I wo Copies Recelvod OCT T ISOf t tiL.'.6S -^ XXc., No, COPY B. .J Entered according to Act of Congress, in the year 1907, By ADELOS GORTON In fiho Office of the Librarian of Congress, at Washington. QEORGE S. FERGUSON OO., PRINTERS AND ELECTROTYPER8, PHILADELPHIA. INTRODUCTION. That all the principal facts belonging to the history of Samuel Gorton and his companions and the affairs with which they were associated, that are necessary to an understanding of them and a correct judgment regarding them, have never been given, alone, not with others, in one unbroken collection, and the desire expressed by many that these truths from every source should together shed their light upon these subjects, are the reasons above others that have prompted their gathering and issuing in this volume. In this an essay is not intended, nor a discussion of subjects or opin- ions, but the setting in their order before the reader the various perti- nent accounts and records ; some of which when alone are misleading, others which explain the truth with fairness, many of which were written to defame the men and decry the measures they upheld, few of which were written to extoll them, and many of which, recording but events, have long laid unread and unpublished. We have in this fol- lowed the originals of the writings, quoting in full as many of them as were not precluded from this by their great length or the amount of their irrelevant matter; then endeavoring to as closely bide their phrase as permitted by the required abridgment of them. We have been spar- ing with our words of either praise or blame for those who have taken part in the transactions; giving rather the facts to show whatever is due them. While a satisfied dominating people learn late by their experience, the student and observer so far transcends them in knowledge that his attainments often are, as such, beyond their recognition And, too, from the general uncertainty, the reasonable suspicion, and worthy caution regarding untried things, the unselfish motives of some men have been misunderstood and the wisdom of their efforts unperceived by the peo- ple of the times in which they lived. If the members of all religious societies were not intolerant towards others who thought differently from them, they might, under then the political incitements, have become intolerant toward them upon gaining the strength to rule them. The weakness and consequent sufferings of some of them helped them earlier than others to see the wrong of punishing to correct belief and earlier to discern that the remedy was in the separation of Church and State. The records of all the Colonies show that the Providence Colony had a larger share of troubles than any other colony ; that the reason for this " larger share " was her storming by all the other colonies, that " her stormmg " arose from two inciting conditions. These " inciting con- ditions " were— the first, the prospect of the other colonies that her lands, located and inhabited without a charter, might be obtained by them. The second, the desire of the other colonies that her inhabitants outcasts and refugees now aggrieved and unrestrained accusers might be again brought under their jurisdiction for punishment (iii) iv INTRODUCTION. Ti:e records of events in the Providence Colony show that the troubles there were principally from two sources — one operating from without, the other aided from without, but operating from within. They show that the Providence Colony was founded and upheld and the interests of its people served principally by two loyal men, their fol- lowers and successors — one by his procuring the place and settling it, the other by his defending it, and as a consequence maintaining it. They show that the Colony was nearly dismembered by the internal dissensions created principally by two disloyal men, subjects and agents of other colonies, their followers and successors ; one by his fraudu- lently claiming the lands, the other by his persistently asserting, m opposition to the will of the people, his authority to rule them. The greatest of these causes of turbulence was that regarding the lands. And for the possession of the lands, really more than for their religious opinions, the loyal people and rightful owners of the lands were assailed with the then political weapon of vile heresy and otherwise abused. During the earlier period of this history the printing press was an institution of only the then powerful colony of Massachusetts; and not until about one hundred years after was a printing press established in the smaller and weaker colony of Providence and Rhode Island — unfortunately long after much of the best of the writings of the later colony were destroyed and the colonies' history, written by its enemies, had been in varied versions published and industriously spread through- out the land. Largely from this cause, all the men of those times who led in advancing the condition of their fellows in this colony have been the subjects of unlimited falsehood and calumny. Although men have, at every period since then, been assailed, there have been printing presses in every land, and many of them in the accused ones' hands, we therefore not left as were the early readers and later readers of this early history, dependent for information regarding men upon their enemies' accounts of them, but have the utterances of both their enemies and friends. Hov/ever, we rejoice that the odium which rested upon the founders of the Providence and Rhode Island Colony as a result of the disadvantages related has been by the gradual revelations of truth removed. The loyal sons and daughters of the State have ever honored and cher- ished, and their posterity will always hold in exalted remembrance, those who, by their unselfish love and labors for mankind, wrought out so much for us. Doctor Lewis George Janes, in a valuable article on Samuel Gorton, published in the May, 1898, number of the New England Magazine, writes : " The nineteenth century has furnished an Easter morning for many of the worthies of our earlier period. Buried beneath the dust of centuries, with the stones of prejudice and obliquy sealing the mouths of their sepulchres, they have awaited the potent touch of the angel of the new historical method to remove the obstructions, tear from their forgotten forms the dusty cerements of misunderstanding and neglect and reveal to the world the living realities of their self-sacrificing labors and the results which are our leading inheritance. To most readers, even the ordinary student of history, this work will be new and instructive, and, we trust, interesting. A. G. Philadelphia, Pa., July i, 1907. LIFE AND TIMES OF SAMUEL GORTON. CHAPTER I. Time, place and baptism of Gorton in Gorton, England — His education and re- ligious training — A clothier in London — Business transactions preparatory to leaving for the colonies — His wife Mary daughter of John Maplet — Landing •with his family in Massachusetts Colony — Laws prohibiting non-new-church- men from living in Massachusetts Colony — Banishment of Wheelright, Aspin- wall and others from Massachusetts — Gorton and Vassal settle in Plymouth Colony — Gorton volunteers in militia raised in response to Massachusetts col- onies' call for aid to suppress the Indian invasion — His opposition to the pro- posed laws — Important issues of the election — Vassal and others disqualified from voting — Prince of Massachusetts Colony made Governor of Plymouth Colony — Why the Massachusetts Colony chose Prince for Plymouth's Gov- ernor — The Rev. Dr. Chauncey's troubles in Plymouth — The Massachusetts methods under Prince adopted — Prince banishes Gorton from Plymouth Col- ony — Dissatisfaction of Plymouth people, and therefore fines and disfran- chisements — Vassal heads movement for religious toleration — Winslov/'s de- nunciation of Vassal's movement — How justice was administered by Prince at Plymouth — Gorton goes to Pocasset Aquidneck Island. CHAPTER II. The settlement of Pocasset Aquidneck Island — Magistrate Coddington deposed from office in Massachusetts — Deacon Aspinwall banished from Massachusetts — Rev. John Clark, Coddington, Aspinwall and others sign a compact for a new government — Coddington called to answer in the court at Boston — Clark, through Williams, obtains the island — Clark settles on the island — Coddington settles there over a month later — Mrs. Hutchinson leaves Boston — Her settle- ment upon the island — The Boston church disciplines Coddington and others — Coddington adds the Massachusetts order of Elders to his government — Coddington and his Elders left out of office at the succeeding election — Over- throw of the government of Elders — Coddington again removes, carries off the records, and starts another town and church government — Gorton and Hutch- inson organize a model civil government on the island — Hutchinson Gov- ernor and Chief Judge — Gorton Deputy Governor and Assistant Judge, and the first Quarterly Courts and the first Trial Juries in the colony — They change name of town to Portsmouth — Coddington makes propositions to restore him to government — He seeks a patent for the island — Gorton opposition to Cod- dington's return to government — Coddington writes to Winthrop and seeks aid — Desired help sent from Boston — The return of Coddington with his Elders and their usurping of the government — Massachusetts and Plymouth methods adopted — Anonymous accounts and what really happened at Ports- mouth — Coddington troops quell the disturbance — Gorton leaves the island — Clark and Linthal break from Coddington and join the liberal party — Dis- memberment of the church — Beginning of the Baptist Church — Lenthal's de- parture — The exodus from the island. (v) vi CONTENTS. CHAPTER III. Coddington's and Benton's coquetry with the Massachusetts government — Moosh- asuck, or Providence, settled by Roger Williams- -He obtains written grants for it and for Aquidneck Island — He divides the land to please the objectors to his liberal policy — William Arnold lays large claims to lands — Inception of the fraudulent land claims, difficulties resulting from them and the inability to settle the disputes regarding the claims. CHAPTER IV. Gorton's arrival in Providence — Arnold's complaint — Gorton retires from Provi- dence to land in Papaquinapaug — The Arnold Pawtuxet claimants forge papers to further extend their land claims — They become subjects of Massachusetts to obtain for the enforcement of their claims that government's assistance — The Massachusetts government commissions Benedict Arnold to obtain from Miantinomi his submission and cession of the Narragansett lands to them — Miantinomi sells Occupesuatuxet to Greene — Providence notified by the Massa- chusetts government of their jurisdiction over them and cited to trial at Boston — Gorton replies to Massachusetts' notice to Providence — Gortoa buys Shawomet, or Warwick — its settlement, government and town orders. CHAPTER V. Williams departs from Providence for England to secure a charter — The Colonies' League — Massachusetts government orders their Captain-General to put the colony on a war basis — Their troops to move under the leadership of William Arnold against Greene and otliers at Providence, Pawtuxet and Occupasnetuxet to capture and bring them to Boston for trial — Miantinomi again brought by Arnold to the court at Boston, and again refuses them sub- mission or cession of his lands ; refuses to deny the sale of his lands to his friends — Two of Miantinomi's subjects seduced to submission to Massachu- setts— Shawomet settlers notified by the Massachusetts government of their jurisdiction over them and summoned to Boston for trial — Gorton's reply to the Massachusetts notice to Shawomet — Occupesuatuxet and Shawomet settlers notified by Massachusetts of their intended military advance upon them — Providence invaded by the Massachusetts troops — The settlers of Occupes- natuxet flee to Shawomet — Shawomet beseiged by Massachusetts soldiers — Massachusetts troops send to Boston for reinforcements — Captives sent to Bos- ton — Benedict and William Arnold commissioned by Massachusetts to seize those who escaped — The captives', Gorton and others, imprisonment in Massachu- setts — Their release and banishment by the Massachusetts court from Mas- sachusetts, from Providence and from their own Shawomet lands — They arrive upon the island — Island Aquidneck's name changed to Rhode Island. CHAPTER VI. The Narragansett Nation — Extent of its domain — War and stratagem — Miantinomi captured and his sons slain — Denial by Massachusetts of the sachem's right to thfO"on a Massachusetts Col- Colony-Gorton volunteers m ^^^'ll^-l't::j::^n.s opposition to the pro. ony 5 call for ^'^ to suj^press x election— Vassal and others disqualihed posed la^vs— Important issues ottneeiec Governor of Plymouth ony— Dissatisfaction of Plymouth P^oP^^^'^^"^-^"^ toleration— Winslow's de- ?nSo?Tf^v\lLirm^er^^^^^^^^^ filtered by Prince at Plymouth-Gorton goes to Pocasset Aquidneck Island. Samuel Gorton was born in the year 1592^ in t^\%t°^\°^^j?°';^°"/ then^djoining. but now included within the city of Manchester Eng- and- Where h s fathers had lived for many generations not unknown in the records of the heraldry of England.' At this place he was brought up and received his early education. -r- 1 j .c ,ir.rl^r tli^ During the receding davs of his minority England was under he rule of the Conformist King James. The canons drawn up by the Convocation of 1606 inculcated obedience^ to the monarch s reign deduced the origin of government from patriarchal blood declared that no one should be admftted to sacred orders without a title, denounced all liberal views, and pronounced anathemas on all who rejected the canons' teachings. These canons were maintained by the higner clergy who zealously lent themeslves to the support of the King's prerogative and to the shaping of everything to his views. The celebrated schools were under the control of persecuting Bishops. Laud was conspicuous in the universities, and so great was the corruption therein that many parents were discouraged from sending their children to them. The Universities of Cambridge and Oxford were set in opposition to the Parliament. Cambridge, as early as 1603, had passed a grace that whoever should oppose any part of the doctrine or discipline of the Church of England should be suspended from any degree to be taken. The University of Oxford pronounced a solemn decree that by the doctrine of the Holy Scripture it was unlawful to appear against the 'Gorton's letter, 4th Series, Mass. Hist. Collections vii, 604. Baptism at College Church Feb. 12, 1592-3. Dr. Howard's Miscellanea Genealogica et Heraldica New Series, 1877. Vol. i, pp. 321-?. 'No records of the very ajicient town of Gorton prior to the year 1685 can be found; they, doubtless, having been destroyed in the troublesome times during and preceding the reign of Charles the First. As until the close of his reign all English lands vested in the bover- ei'^n and were parcelled out by him to his favorites, it is probable that the lana was 'held by one of the name who sat off "The Gorton Parish Estate to the maintenance of religious worship in the parish ,n°^''^.u!i^^Z Nathaniel Morton, Force's Tracts, Vol. iv. The Heraldic Seal : Gules, t^n billets or a chief of the second: crest— a goat's head erased, ducallv eorged. which was used by the Gortons, is shown in Dr. Howard's Miscellanea. \ ol. 1. p. 37Q. *Cobbitt's Parliamentary History, ii, 674, etc. 'Prices Nonconformists II 12 LIFE AND TIMES OF SAMUEL GORTON. King upon religion or any other account whatever ; and all persons to be promoted in future to any degree were required to make oath that they detested the opposite doctrine and would always continue to have the same opinion. Gorton's religious training was received in the English Church. In an address to Charles the Second he says : " I drew my tenets ' from the breast of my mother the Church of England.' " ° To the fundamental doctrines taught by the Church he ever firmly held, yet to the practices of that time in the Church and in the new Church set up in Massachi;- setts he was a Nonconformist. We have referred to the corruption at that time in the Universities and the conditions under which sacred orders on scholastic degrees were at that time obtained from them that the reader should understand why the younger generation of conscientious Nonconformists, however much their delight in the opportunities for advancement in learning, were not only discouraged from attending, but were constrained even to condemn these famous schools ; and because Gorton, having thanked God that he was not prepared for the ministry in them, " not bred up in the schools of human learning," and so " drowned in pride through Aristotle's principles,'" his enemies untruthfully proclaimed that he despised all human learning. Gorton had a high appreciation of learn- ing, and was himself possessed of more literary education than any of the Rhode Island founders save Williams. He was instructed by able tutors, and he received a classical education from them ; being studious, he became an accomplished scholar, more than ordinarily skilled in the languages and learned in English law; and his library was enriched with the standard " volumes in which the ancient statutes " of his country " were written." In law and in politics he understood his rights better than did Williams or the proprietors, or the elders and magistrates of Massachusetts.* He approved of well educated ministers and teachers, and opposed only those of them who enforced for themselves the " divine rights " which had been taught them in the ancient schools. He ever gave his support to every means providing for liberal educa- tion and advancement of the people, and upheld, he says, in answer to the charges made against him, " not scrupling any civil ordinance for the education, ordering or governing of any civil state." ' It appears that he did not leave home till the age of about twenty-five or thirty; whether employed until that time in study or business we can learn only from that "he had not engaged in any servile employment until he settled in the colonies." '" His father had been a London mer- chant and a member of a guild, and his own wealth (from the length and peristence of his legal controversy in the colonies and in England) seems to have exceeded that of any of the early settlers in the Provi- dence and Rhode Island Plantations.' Papers preserved show that in 1635 he was carrying on the business of clothier in London. On the iSth of June of that year John Dukinfield, of Dukinfield, Countv of Chester, England, gave him a release of all actions and claims of action, etc.. from the beginning of the world to that date, apparently in the closing up of his business in London pre- paratory to his departure for New England. " He yearned." he writes, " for a country where he could be free to worship God according to in F.ntrland, i. 454: "*, 09. "Callender's Historical Discourse, p. 02. R. I. Hist. Collections, Vol. iv. 'Gorton's letter to Morton. Force's Tracts, Vol. iv. "Henry C. Dorr, in R. I. Hist. Collections. R. T. Col- lections, ii. 80. Force's Tract No. vi, 30. 40. ^Gorton's Tnnocencv's Defense, Staple's Ed., p. 42. "Rider's R. I. Hist. Tract 17. Force's Tract No. vi, 76. 'Dorr : Proceedings Mass. Hist. Society, new Series, PROVIDENCE AND RHODE ISLAND PLANTATIONS. 13 what the Bible taught him, as God enabled him to understand it." *' Samuel Gorton was," says Mackie, " one of the noble spirits who esteemed liberty more than life, and, counting no sacrifice too great for the maintenance of principal, could not dwell at ease in a land where the inalienable rights of humanity were not acknowldeged or were mocked at. With all its industrial prosperity, its pleasing attractions to the eye of sense, its proud public annals and its dear private memories, England could not retain him from adventuring upon the then dread Atlantic and seeking out a spot among the self-denying settlers of a barren coast and a savage wilderness, where in thought, deed, word and act he might be free." ' " I left my native country," he says, " to enjoy liberty of conscience in respect to faith toward God and for no other end." • His wife who came with him to New England was Mary Maplet, daughter of John Maplet, gent, of St. Martin's le Grand, London, and Mary, his wife,* a lady of education and refinement; and, as he wrote of her, " as tenderly brought up as any man's wife in the town," " little prepared to share with him the hardships of his exceptionally hard pioneer experience. Her father was, it appears, the son of the Rev. John, whose people had, if the assertion is true, early acquired a com- petency in the business of dealer in shoes. The freedom of his disbursements and the advantages of education he extended to the members of his family reveal the comfortable condi- tion of his circumstances and the elevated character of his daughter's early environments. That she was accorded by her parents the superior advantages enjoyed by the other children while she was with them seems reasonable." After her departure she was supplied by them with herds of choice breeds of cattle for the stalls and pastures belonging to her New England home. Gorton landed in Boston in March, 1636-7, at the age of forty-four years, with his wife, his eldest son Samuel, then six years of age, and one or more other children. It was a surprise to him and to many others, who, like him, came to New England to enjoy liberty of worship and escape the persecutions at that time of the English government, to find upon landing here that the new rulers had established over the new colony a new church gov- ernment as austere as the old one from which they had departed; and to maintain it admitted as citizens only such as could qualify for the new church, both in form and doctrine.' That every person not holding to the new rulers' opinion. Judge Story says, four-fifths of the people were thus disfranchised of all the privileges of a citizen, to vote or to hold land; that the freeman's oath had been changed under Endicot, from the government of King Charles and was to the government of Massachu- setts,* and was required to be given to every man above the age of six- Vol. iii, No. 4, p. 210. ^Mackie's life of Samuel Gorton, 2d Series Spark's American Biographies, v, 319. 'Gorton: R. I. Collections, ii, 42. *Will of Mary Maplet and bequest to daughter Mary, wife of Samuel Gorton, in New England. N. E. Hist, and Genealogical Register, xliv, 384. Will of Dr. John Maplet and bequest to his sister, Mary Gorton. N. E. Hist, and Genealo- gical Reg., xlvi, 153; li, 199. Deed, April 9, 1662, signed by Samuel Gorton, Sr., and Mary, his wife; Early Prov. Reeds., 3d Book, brass clasp, p. o, 13, or Book 2, brass clasp, p. 613. Among Samuel Gorton's children were John, Mary and Maplet. "Letter to Morton, Force's Vol. iv. "Mary's brother. Dr. John Maplet, who settled in Bath, Eng., was graduated A. M. and M. D. at Oxford ; was elected one of its Preceptors ; afterwards was Principal of Gloucester Hall, now Worcester College. Guidott said of him : " He was learned, candij and ingenious, a good Physician, a better Christian, and an excellent Latin Poet." Guidott's Lives, Stephen's & Lee's Diet. National Biographies, Macmillan & Co., 1893. 'Mass. Rec. 1631, i. 'Mass. Rec. 1634, i, 115, 117. 14 LIFE AND TIMES OF SAMUEL GORTON. teen,* with the penalty of his being punished and his land, if he had any, confiscated in case of his refusal to take it.'" Magistrates were empow- ered to fine or imprison all persons absenting themselves from the ser- vices of their church,' and no one could be admitted to the freedom of the commonwealth who had gathered in any other church meeting;' that no one without the magistrates' leave should inhabit in the colony;' and that the magistrates were to examine and license those who could settle.* Those who had settled in violation of these laws were com- manded to depart. The orders were required to be enforced with severe penrlties. Every person was forbidden to entertain a stranger in their house; to allow them the use of a lot; or vitcnnine an habitation." The time of Gorton's arrival was also in the midst of the proceedings against Wheelright, the brother-in-law of Annie Hutchinson, which pro- ceedings began on the 19th day of March, 1636-7. He says that upon his arrival he found the people at great variance in points of religion, prosecuting it very hotly in their public courts unto fines and banish- ments of men of good report, both for life and doctrine even among themselves." There is no evidence or intimation anywhere that he took any part in these controversies, and from his writings we infer that it is not probable that he did. " He discovered that the liberty which he sought was not here ; that the practice here was far short of the profession as he understood it ; and the liberty which they practiced was only a liberty for themselves and not for their other fellow-Christians." ' Only by avoiding the attention of the magistrates could he have remained as he did with his family v/here he landed, barely long enough to rest from the fatigue of the voyage, make a hasty prospect and find a place where one with the liberty he sought would be allowed to settle. Within about two months from the time of his landing he took up his residence in Plymouth, intending to make that his home. The Plymouth government was in some respects more liberal than that of Massachusetts. The Pilgrims, unlike the Puritans, had sub- scribed in their compact to the King and his statutes for their govern- ment.* Although they had this early enacted that " no one shall live within the government of Plymouth without the leave and liking of the Governor and two of the Assistants," ' they did not require of settlers that strict conformity to their church which prevailed in Massachusetts. Their freeman's oath was to King Charles; their Governor was chosen directly by the votes of the freemen, and they recognized the franchise right of nearly all settlers. William Vassal, a man of fortune, who was one of the original Assist- ants named in the charter of the Massachusetts company and a founder of that colony, being dissatisfied with the prescriptive government set up there, returned to England, but recrossed the sea in 1635-6, settling in Plymouth colony. Cotton, in his reply to Williams' Bloody Tenet, says that Gorton 'Mass. Rec. i, 137, 139. '"Mass. Rec. i, 137. Gammel's Life of Williams, 2d Ser., Spark's Am. Biographies, iv., 41, 42. 'Mass. Rec. i, 140. *Mass. Rec. i, 168, Mar. 3, 163^-6. 'Mass. Rec. 1630-5, i, 76, 103, ^^147. 'Mass. Rec. i, 141 ; 2d Ed. Winthrop, i, 100: Johnson Ek. ii, ch. 22. Pref. LXXX. "Mass. Rec. R. I. Collections, ii, 46. Winslow's Defense. Armstrong's Hist. Bap- tists, 683. R. I. Hist. Tract v, 57. 2d Ed. Savage's Winthrop, ii. 209. Hutch- inson's Hist. Mass., i, 26, 62, 147. 'Wheelright was banished from Mass. by the government under Winthrop and Dudley, who then, " according to the word of God," chose themselves Magistrates for life. 2d Ed. Winthrop, i, 220. R. I. Collections, ii, 42. 'Chief Justice Brayton, R. I. Hist. Tract 17, p. 9. "Ply. Rec. xi, 6 Intd. Edgarton Ryerson's Loyalists of America, i, 11, 14. "Ply. Rec. xi, 26. "Judge Brayton, R. I. Hist. Tract PROVIDENCE AND RHODE ISLAND PLANTATIONS. 15 remained in Boston until there was sent over " directions to dema-d a £100 debt" of a citizen; "as if [though Cotton does not say it] his going was occasioned by the demand of and his refusal to pay an honest debt. If Cotton meant to intimate such refusal it is against the whole course of a long life of eighty-five years, forty years of which were passed in New England. He removed but about a day's journey from Boston. The courts were as open at Plymouth as at Boston, and he might have been followed to Plymouth, but he was not. But there are some facts which, in this connection, it may be proper to state, viz., Cotton's book was published in London in May, 1647, ten years after Gorton left Boston. Gorton was then in England, prosecuting his complaint against Massachusetts. The most speedy communication with Rhode Island was not open to him. He could not send by way of Boston, but only by way of the Dutch at Manhattan. This was long, tedious and difficult. Yet on the 30th day of September, 1647, about four months from the time Cotton's statement was first made public, the release of John Dukinfield, before mentioned, dated nearly two years before Gorton left England, was put by Gorton's directions upon the Colony Records at Newport, the most public place it could be recorded, and is the only instrument of the kind upon those records." " Gorton began housekeeping at Plymouth in a part of a bouse he hired of Ralph Smith for a term of four years, taking a written lease for that time. The early opposition in Massachusetts to Roger Williams obliged him to retire to Plymouth. Finding difficulties here, he returned to Massachusetts, from whence he was banished. While in Plymouth he served as assistant to this Smith, who was then the pastor of the church at Plymouth. Smith " had," a church authority said, " the mis- fortune to possess more zeal than prudence." Upon the request of the congregation, he had, before the period of this narrative, resigned his pastoral charge and was rapidly falling into disgrace. (To purloining, etc., see through the whole Plymouth Colony Records.) On the 7th of June following Gorton's settlement in Plymouth, the Colony, in response to a call from Massachusetts, resolved to send thirty men as soldiers, and as many more as were necessary, to Massa- chusetts to man a vessel to aid them in the Pequot war. The men volunteered for this service, and among the volunteers on the 7th day of June were Samuel Gorton and Thomas Gorton, the latter by some believed to have been his father and by others to have been a bachelor brother, who generally accompanied him.' His prompt and voluntarv enrollment in this service for a neighboring colony this early reveals to us that which was ever afterwards observed in him. an unselfish readiness to, under all circumstances, fearlessly bear the responsibilities and perform the duties of a citizen "in the "defense of the rights of others, as well as of himself." "They may well have deemed him a ' useful instrument at his first coming." ^ '■ The political issues at Plymouth were, at the time of Gorton's arrival ■there — the time approaching the annual election — of unprecedented ■interest and importance, for the reason that changes in the government were proposed, intended to subvert its order according to the Statutes to which the Pilgrims had subscribed to that of the Judaic system of intolerance which was established in Massachusetts. The church party of Plymouth and Massachusetts had rallied under the leadership of Prence of Duxboro, a Massachusetts Puritan, hostile to everything opposed to the church and zealous to submit everything to its rule, and 17. P- 15. 'Ply. Rec. i, 61, omitted from the Index. Hutchinson's Papers, 59-62. The Pequot war ■was begun in Mar., 1637. The Fort ■was taken May 26, 1637. The war ended in Sept., 1638. ^Judge Brayton. Gorton was i6 LIFE AND TIMES OF SAMUEL GORTON. had selected him for Governor of Plymouth Colony. In 1636 eight Deputies had met, four from Plymouth and two from each of the other towns, and in conjunction with the court revised and codified the laws.* These Deputies were selected for only this purpose; were without any instructions by the people to introduce a representaitve system, although such a system these Deputies reported.* Later in the same year another step was taken by the court which was clearly in the direction of a rep- resentative system. The function of the General Assembly was divided, the meetings for legislation were to be kept distinct from those upon the election, and in the latter voting by proxy was permitted.' Another Act contrary to the will of the people followed, changing the character of the government " from popular to representative," transferring the power which was in the whole body of the freemen to Commissioners or Deputies, taking away from the people the choice of their Governor and giving the choice to a body of delegates. The old yet present method of rulers of so doctoring the Statutes that the will of the people cannot prevent the perpetuation of the rule of those who are in office. And, further, to better insure the election of subservient delegates, the number of freemen were diminished, William Vassal and other most worthy men being disqualified from voting. The patent under which the lands were held was to " William Brad- ford, his heirs, his associates and assigns." This, joined to the other perils of the new system, occasioned alarm to the people, and filled them with apprehension lest citizenship and the land would, as in Massachu- setts, be granted only to a few strictly qualified church members. Con- ferences between the Deputies and the people were held, which resulted in the suspension for a while of the conveyance of land by the Governor and Assistants.* The church party, however, by arbitrary methods soon prevailed, and succeeded both in making Prence the Governor and in the adoption of representative government; but the majority party did not quietly yiel . to the change, the popular voice was after the excitement, even unr'^r the disadvantage of quasi-representation, in a measure expressed oy laying aside the Governor at the next election; and, although the new system which had been adopted in violation of the will of the people was maintained, it was maintained only by means of attending agreeable compensating concessions; by Bradford, who succeeded Prence, sur- rendering the charter rights in the lands to all of the freemen, and by admitting all who had taken the oath of fidelity to the government to a voice in choosing the delegates for the elections.' One of the reasons, says the Rev. Cotton Mather, why they of Massa- chusetts chose that Prence should be Governor of Plymouth was his hostility to the exercise of the gift of the established ministry by private brethren; and this point, he says, was gained in his election.' "Private brethren " vi-ere those not approved by the new church, whether they had or not received church orders. In May, 1638, there came to Plymouth an eminent scholar and preacher of the Gospel, who was born in the same year as Gorton, and of whom he speaks as " a Godly man ; " learned in the original languages, a professor some time of Greek and of the Hebrew, now silenced as a minister in England. He had been sent for to be settled as the minister of Plymouth, but, differing from the church as he found it here, the afterwards convinced that the wars upon the Indians were unnecessary, and he opposed them and that which followed the sale and enslavement of the captives. •Ply. Rec. xi, 6. 'Palfrey's Hist. N. Encr., i. 546. "Ply. Rec. xi, 80. 'Ply. Rec. xi, 31, 33. 'Ply. Rec. xi, 01, etc. •First Am. Ed. Mather's Magnalia, i, 106. 'In 1654 Chauncy was elected PROVIDENCE AND RHODE ISLAND PLANTATIONS. 17 matter was submitted to the members of Plymouth and other colonies. All were against Chauncy and he was not settled. After preaching as aid to Raynor for a while he was called to Scituate, the town adjoining, in Plymouth Colony, where he remained, although with frequent troubles, for more than twelve years.' Gorton, we are assured, was the most determined leader of the people in their opposition to the church system, not even excepting their active leader Vassal. Gorton also was one of those who, for the exercise of the gift of the established brethren, was a subject of the hostility of Prence, the point gained by his election. The law referred to against harboring strangers was now for the first rigidly enforced by Prence's administration, in deporting those who were not in harmony with it in their belief and conduct. There was and had been for some time prior to November, 1638, living in Gorton's family a widow by the name of Ellen Aldridge, a woman of good repute, careful of her reputation, who had lately come over and was employed by his wife as a servant in the family. " It had been whispered privately that she had smiled in the congregation (a similar instance is recorded in an early law docket of Trumbull's. " Susan Smith, on the Lord's day during Divine service, did smile." Fined five shillings and costs of prosecution), and the Governor Prence sent to know her business, and commanded, after punishment as the bench see fit, her departure and also anyone who brought her ' to the place from which she came.' " Gorton says they proposed to deport her as a vagabond, and to escape the shame threatened to be put upon her she fled to the woods, where she for several days remained, returning at night to his home for shelter. Gorton appeared at court [Dec. 4, 1638] in defense of her, showed that the offense was not recognized in the English law, to the protection of which he appealed, and that she was no vagabond, that she was a woman of good report and by diligent labor earning her bread. He was charged with deluding the court of her, and he was bound to answer for this contempt at the next sessions. Gorton had now made Plymouth his home for eighteen months, and he was described as quiet and peaceable ; a useful citizen ; kind, court- eous, agreeable. He appeared at the next sessions of the court to defend himself for defending this woman ; was fined for seditious conduct and limited to fourteen days to remain in Plymouth. This is Gorton's truth- ful account of it, agreeing exactly with the official records. During the agitation attending this the emotions of Ralph Smith, the ex-pastor before mentioned, became excited, and he, taking sides against Gorton, ordered him to vacate the house. Gorton persuaded Smith to leave the matter to Deacon Cook and others for arbitrament, but the Governor Prence, learning of it, imperiously commanded the papers out of their hands and destroyed them. This Ralph Smith affair, which was not a case in court, was settled in Smith's favor by the former case which was in court, by its act of Gorton's banishment, which, of course, compelled him to abandon the house. The only charge of the court against Gorton, the alleged sedition, occurred in the half hour at the court in which he appeared for defend- ing this woman." successor to Henry Duster, the first President of Harvard College. Stephen's Diet. Nat. Biog. Brayton, R. I. Hist. Tract 17. Mass. Gen. Reg. X, 105. Baylie's Plymouth, ii, part 2, pp. 258-265, Seq. "Charles Dean, in an article published in 1850, unfairly compares Gorton's story of Plymouth's dealings with his enemies' story of it. Mr. Dean is unfair because he ignores Plymouth's official records of it, which show that only Gorton's account of it is true. Ply. Rec, i, 100, 105. Force's Tracts, Vol. 4, Nos. 6 and 7. Judge Brayton, R. I. i8 LIFE AND TIMES OF SAMUEL GORTON. This action against Gorton was very unpopular. People, such as inhabit our towns and make up our courts to-day, would have appeared and been heard in opposition to the magistrates ; but those of that gener- ation had been bred under oppression, and been, many of them, by sad experience, made docile to those who claimed the divine right to rule them. Yet the people left upon the official docket a record that is, although in quiet form, a remarkably strong and Unanimous Protest to the Proceedings. Every one of the sixteen, upon whom the court depended for the trial and its orderly proceeding, attested their dis- approval and dislike to it by their absence. All of them were fined once, and most of them twice, and many of them three times, by the magis- trates for persistent non-attendance.' This, like most of the other per- secuting trials in Plymouth and Massachusetts, was conducted by a handful of church-magistrates in tlieir own imperious way. To the honor of Plymouth and Massachusetts it can be said that they never were approved by the people. William Vassal, before referred to, who had settled in Plymouth Colony, was one of the foremost in the movement to abolish the dis- tinctions that were maintained in civil and church state, and to have the government administered wholly by the laws of England. Nine men, but two of half the whole number of freemen from Vassal's town, Scituate,^ were at this same court of Prence's at which Gorton was sentenced, presented for speaking disrespectful of the Governor and magistrates or assistants, and for without license admitting strangers and foreigners to their houses and lands.' When, in 1645, Vassal's movement had extended beyond Plymouth and into Massachusetts, Winslow of Plymouth wrote to Winthrop of Massachusetts a letter of commiseration on account of it, with a description of what had been attempted at Plymouth and a lamentation in the following strain that such a spirit of toleration had arisen and was prevailing: "The sum of it was," said Winslow, " to allow and maintain full and free toleration of religion to all men that would preserve the civil peace and submit unto government. But the Governor. Mr. Prence, and myself expressed the sad consequences that would follow [yet, notwithstanding, it was required according to order to be voted], and the Governor would not allow it to come to vote, as being that would eat out the power of godli- ness." " You would have admired to have seen how sweet this carion relished to the deputies." " If you have heard of the particulars and the persons, especially the ringleader of the rout, you may gather the more insight by this general." * Though early a liberal Governor, he (Winslow) later imbibed some of the persecuting spirit of Massachu- setts." But a majority of the General Court of Plymouth, among them Brown, Hatherly, Standish and Freeman, were in favor of Vassal's movement. Yet, knowing this, Prence the Governor could override the Deputies and the people, and even violate the established order of the court, as he did by refusing to put the question to vote.' Prence, "the only persecuting Governor of the Plymouth colony,"' industriously and relentlessly enforced the Puritan church policy. His very first act as Governor was the whipping of Web Abey, upon the unreliable testimony of the same before-named Ralph Smith, that the man had upon a Sunday bestowed some labor upon his garden. Richard Smith, a prime leading man in Taunton, for his conscience' sake, many Hist. Tract 17, Seq. 'Ply. Rec, i, 104, 126. "Twenty-tv o freemen, nineteen others, in all but forty-one, was the entire adult male popula- tion of the town. Baylie's Hist. Ply. Colony, i, 282. *Ply. Rec, i, 106. 'Winslow's letter, Hutchinson's Papers, 172-175. "Loyalists of America, i, 97. 'Loyalists of America, i, 104. 'Loy. of Am., i, 12, 104 PROVIDENCE AND RHODE ISLAND PLANTATIONS. 19 difficulties arising, was compelled to leave, and settled in Narrangansett.* And one, Master Doughty, a minister and a man of means when he came to the colony, v/as ruined by fines and then forced to go away with his wife and children.* Not all of these, or of other like cases, are entered in the ofificial records, yet those that are there are too numerous to here permit their further enumeration. Bradford, the people's can- didate, succeeded Prence in the chief office; and Prence did not for nineteen years thereafter, not until Bradford's death, and with the assistance of the Massachusetts magistrates, again secure the office.'" His temper was then the same, severe and unimproved by his experience and long waiting. Upon regaining the Governorship and judicial seat, his first act was to appoint a committee to revise the laws. New ones against the Quakers were under his leadership immediately enacted, and the law that the Governor should hold the office " one whole year, no more,'" was to provide, as in Massachusetts, for a tenure for life, changed to " until another be elected." ' Now, under the representative system which he had been foremost in establishing and by the delegates of his promotion and handling, he was many times re-elected to the office. His rule was one of exceptionally severe persecution and cruelty.* Having made but brief reference to the court in whick Gorton was tried, let us return to it for some particulars of the trial. The court is the accuseer. At the first hearing the court, enlarging upon a point, aggravated the matter more than Gorton thought it deserved, so much so that he said they " were speaking hyperbolically." The magistrate, not understanding that term, turned to their Elder, Brewster, for an explanation, and the explanation was that he, Gorton, had told the mar^istrate " that he lied." Gorton " thought that this would not do to apply to the Scripture of Truth." At the final hearing Jonathan Brew- ster, the son of the ruling Elder and the one that explained the hyperbole, was the Foreman of the Jury. "Winslow says, Gorton being called, and the Governor (Prence), because he was weary of speech to other causes, requested one of the magistrates, who was present at the commitment and privy to the whole cause, to state the cause of his bonds in the great affront he had given the government. The magistrates, Gorton a:-serted, should not be parties and judges; that the place of a Prosecutor v/as not in the Judge's seat, but " down here where a Prosecutor should stand ; " and he called the people to witness how their liberties were abused. The cause was stated, however, by one of the magistrates, the one who presided at the first trial. Magistrates and divers Elders were allowed to speak as Prosecutors, while, though there was no Attorney at Plymouth to speak for Gorton, the Foreman of the Jury moved that he should not be allowed to speak for himself. His reference to the English Statutes was not regarded. Magistrate nor Elder would listen to recitations from them, but all urged that punishment should be inflicted.* TI:e following is Chief Justice Brayton's description : " I have en- deavored to figure to myself the court scene as it occurred at that trial. Here is a tall, spare man, with arms proportional, and urging gestures, a man of independent spirit, as intelligent as any member of the court before which he appears, having a character for truth, for honesty, for morality, for courtesy to all, and for Christian charity; a quick sense of justice, earnest in the defense of the rights of others, as well as of himself; having a just pride in his ancestry, no one of whom had ever note. "Roger Williams' letter, Br. State Paper Office. 'Baylie's Hist. Ply., i, 289, 290. '"Ply. Rec. and Bradford's Hist. Ply., 362. 'Ply. Rec, xi, 7. 'Brigham's Ply. Laws, ^t. 2d Ed. Winthrop, i, 219, 220 and note. 'Ply. Rec, i and ii. *R. I. Hist Tract 17. 20 LIFE AND TIMES OF SAMUEL GORTON. been thus treated, whose boast it was that he never laid his hands in violence upon any human being, not even upon his children ; a man who, though he would avoid the ecclesiastical law at home or here, yet desired to be governed in all civil respects by the common laws of England with its ancient Statutes. He is here for the first time arraigned for any offense whatever. The charge now is that he endeavored to keep away from the court a reputable woman, charged with no offense (a servant in his own family), to prevent the disgrace upon her of being treated as a vagabond and her to remain a faithful servant. " The court here was one in whose breast alo7te by the Statutes of Plymouth was vested the kind and the measure of punishment of every misdemeanor * as God had enlightened them.' " This man was standing before this court and in the presence of a jury empanelled to try his case, and awaits the charges to be stated by the Prosecutor or accuser. " It came from the court which sits in judgment and from the mouth of that member, zvho, when the court was held more private, stated the charge with such gross aggravation, and who now probably states it with the same aggravation. " Is it strange that he should object to his accusers sitting as his judges? and should say that the place of an accuser should not be in the judgment seat, but ' do^vn here,' the place of a Prosecutor. 'Let them not be parties and judges' "They continue to sit in judgment. He attempts to defend himself; he most likely called their attention to the ancient laws of England, and in the language of these laws, for he says, elsewhere, he was not allowed to speak in their language. He endeavors to defend himself, nevertheless. "And now the foreman of the jury, the son of the ruling elder who explained the hyperbole, not content with perfortning his duty as an impartial juror, rises and moves the court that he shall not be allowed to speak for himself, and, there being no Attorney at Plymouth, in effect that he should not be defended. " \\' hat would such a man in such a presence and under such circum- stances be likely to say or do? " Would he, while his accusers sat in judgment upon him, quietly asquiesce in the justice of it? or would he not rather challenge them for partiality and that zcarmly? and when his objection was rudely over- ruled, is it strange that he shoidd say with warmth, somewhat mingled with indignation, 'Let them not be parties and judges;' or that his long arm should be stretched out either toward the bench or to the audience, with the spirit that moved him? " He attempts to refer to the laws of England [he is a loyal man] as bearing upon the question of his guilt ; they are not allowed to be named. He attempts to speak in the 'language of them;' he cannot speak 'in their language.' and his defense is restrained. " Now the foreman of that body of men who are to try him, and zvho he supposed were impartial, rises and attempts to cut him off from further hearing and to close his mouth. " I repeat, what would such a man, of an independent and fearless spirit, be likely to do or say under these circumstances? Would he not rise to his full height, and, breasting himself to the storm, not merely warmed, but iired with indignation, vent himself in impassioned lan- guage, and breathe out his feelings of wrong and oppression? would he not be eloquent [for he is said to have been eloquent], and might he not be excused, if, moved by the spirit, his gestures were vehement, if he * threw his arms about? ' PROVIDENCE AND RHODE ISLAND PLANTATIONS. 21 "All this defense and attempted defense were pronounced to be tur- bulent and seditious ; and so, on the 4th day of December, 1638, he was sentenced to depart from Plymouth, his home, his hired house, his wife and children, and to be beyond the utmost bounds of it within fourteen days." His departure from Plymouth was in the extremity of New England mid-winter, and happened in the midst of the greatest tempest of wind and snow recorded of the times, from the severity of which many of the colonists were frozen and perished.'' " When the snow was up to the knee and rivers to wade through up to the middle, and not so much as one Indian to be found in that extremity of weather to afford either fire or harbour, such as themselves had, being retired into the swamps and thickets, where they were not to be found in any condition, we lay divers nights together, and were constrained with the hazard of our lives to betake ourselves to Narragansett Bay." ' Through which he was preserved and came within the limit of his sentence, on December i8th, to Pocasset, the nearest settlement, of abouty twenty families, on the upper portion of Aquidneck Island. This island is in area nearly one thirty-fifth part of the colony. CHAPTER II. The settlement of Pocasset Aquidneck Island — Magistrate Coddington deposed from office in Massachusetts — Deacon Aspinwall banished from Massachusetts — Rev. John Clark, Coddington, Aspinwall and others sign a compact for a new government — Coddington called to answer in the court at Boston — Clark, throdgh Williams, obtains the island — Clark settles on the island — Coddington settles there over a month later — Mrs. Hutchinson leaves Boston — Her settle- ment upon the island— The Boston church disciplines Coddington and others — Coddington adds the Massachusetts order of Elders to his government — Coddington and his Elders left out of office at the succeeding election — Over- throw of the government of Elders — Coddington again removes, carries off the records, and starts another town and church government — Gorton and Hutch- inson organize a model civil government on the island — Hutchinson Governor and Chief Judge — Gorton Deputy Governor and Assistant Judge, and the first Quarterly Courts and the first Trial Juries in the colony — They change name of town to Portsmouth — Coddington makes propositions to restore him to government — He seeks a patent for the island — Gorton's opposition to Cod- dington's return to government — Coddington writes to Winthrop and seeks aid — Desired help sent from Boston — The return of Coddington with his Elders and their usurping of the government — Massachusetts and Plymouth methods adopted — Anonymous accounts and what really happened at Ports- mouth — Coddington troops quell the disturbance — Gorton leaves the island — Clark and Lenthal break from Coddington and join the liberal party — Dis- memberment of the church — Beginning of the Baptist Church — Lenthal's de- parture — the exodus from the island. Pocasset, the first settlement upon the island, was made in 1637-8 by John Clark and his followers, who were of the party of Massachusetts Puritans in smypathy with John Wheelright. At the Massachusetts May, 1637, election all the magistrates were chosen from the party of the Covenant of Works, and Vane. Coddington and Dnmmer of the opposite, Covenant of Grace, the party to which John Cotton for the time adhered, were left out of office. The defeated magistrates showed their sense of injury by leaving the seats appointed for the magistrates at the public worship, though Win- ■Dec. IS, 1638, 2d Ed. Winthrop, i, 344. 'Simp. Defense, R. I. Hist. 32 LIFE AND TIMES OF SAMUEL GORTON. throp sent to them, desiring them to sit with him; and, on the day appointed for a Fast, October 12, 1637, on occasion of the Pequot war, they deserted tlie Boston congregation and spent the day with Wheelright at Mt. WoIHston, listening to him.' More than sixty male members of the Boston Church had remon- strated to the proceedings against Wheelright. One of them. Deacon Aspinwall, a magistrate, was dismissed and banished." Deacon Cogger- shall, another representative, although not a signer, but a justifier, was dismissed.' Most of the other remonstrators were required to deliver up their arms. From among the latter John Clark proposed and Win- throp advised a removal of them from the jurisdiction. After some prospecting they met Roger Williams, upon whose advice they concluded to settle upon the island of Aquidneck, which he, out of love for Clark, agreed to secure for them;'" and they returned to Boston to arrange for removal in the spring. On March 7th, 1637-8, Clark, Aspinwall, Coggershall, Coddington and others, in all nineteen in number, most of them long esteemed members of the church at Boston, and most of whom were under no offense at all and were never censured,' drew up, in one, a church covenant and com- pact of government, with the references. Exodus xxiv. 3, 4; First Chronicles xi. 3; Second Kings xi. 17, affixed to it, to all of which they subscribed.^ The form was that of the Puritans submitting themselves to God and the Bible, to be ruled thereby, being different from the Pilgrims, who subscribed to the King and his Statutes for their govern- ment. Coddington, who had long served as a magistrate, who was one of the magistrates that expelled Williams from Salem,' having large experience in government, they made judge — the sole judge to rule them. This was a fortnight before the excommunication of Mrs. Hutchinson.* After the signing of the compact and thereupon, March 12th, Deacons Coggershall, Coddington and several others of the party were called to appear at the court in Boston to answer about their departure or remaining, Winthrop advising them to go off only for a time and then to return.^ On the 24th of the month Williams obtained the island of Aquidneck for them. The Sachems, Cannonicus and Miantinomi, had three years before made a verbal tenure to him of Mooshausic. He now drew up to himself a formal grant for it, and also a grant to Clark's company for Aquidneck and two other small islands, which these Sachems exe- cuted. " It was obtained," Williams says, "by love; not price nor money; by the love and favor which that honorable gentleman (Vane) and mvself had with that great Sachem Miantinomi. Thousands could not have bought of him Providence, Pautuxet or Aquidneck, or any other land I had of him." Upon Williams' advice a gratuity of some beads, coats and socks was made up by Clark and his party and given to the Sachems. " I," Williams says, " drew up a writing in as sure a form as I could at that time, for the benefit and assurance of the present and future inhabitants of the island."* And, as Coddington was made the Collections, ii, 47. 'FJlis' Life of Annie Hutchinson, Spark's Am. Bio?., 246, 259. 'Ellis' Annie Hutchinson, 343. 'Ellis' Annie Hutch- inson, 274, 275. '"Clark's Acct., 4th Mass. Collections, ji, 24, 25;. 'Callender's Hist. Discourse, R. T. Collections, iv, 81. "Island Compact, original records and " copy " in Bartlett's R. T. Rec, i. 52. Bo.ston Church Cove- nant, R. I. Collections, iii, 126. 'The Magistrates or Assistants who filled the offices of Governor, Deputy Governor and Treasurer, the latter Codding- ton, are mentioned by the last named titles, instead of by their names, in the printed records of this sitting of the Court of the .Assistants. ''Mrs. Hutchinson's trial was in Nov., 1637. Her detention followed. Her banishment was Mar. 22, 1637-8. "Ellis' Annie Hutchinson, 319, 343. Spark's Am. Biographies, 2d Ser., vi. "Williams' letter, Narragansett Club Papers, v, PROVIDENCE AND RHODE ISLAND PLANTATIONS. 23 head of Clark's company, the grant was drawn to " Coddington and his friends." . , . Clark, with most of the company, immediately settled on the island. Afterwards, on the 26th of April, Coddington, with his family, joined them. At their first meeting following, May 13th, they located the town Pocasset and a meeting house. They " gathered a church " of excom- municated and admonished members of the Boston and Roxbury churches, of mem.bers still attached to these churches who had never been censured nor dismissed, and some new professors.^ They adopted a freeman's oath or terms of admission to membership in their govern- ment, which was of fidelity, not to known civil laws, but to the laws of Moses, according to the opinion of "the judge in matters of judgment." And they sat up a court which was a modern Sanhedrim, its govern- ment, except in the sympathy briefly tempering it to those who held to the covenant of grace, of slight improvement on the one they departed from in Massachusetts. r , ■ Mrs. Hutchinson, who had been convicted of heresy and confined m Massachusetts, upon her release, the 28th of March, 1637-8, went to Mt Wolliston (Braintree) to her husband, who had joined with the others in procuring the island of Aquidneck, and they, with other friends, during the summer went to the island. Whether Mrs. Hutch- inson's admittance as an inhabitant of the new island town was accom- panied with her reception to the church is uncertain but very likely, for the church, which was organized before her arrival, had " objection- able members." Those of the island church whom the Boston church still hoped to influence were called into question for receiving the objectionable mem- bers and for participating in such a sin. Coddington, being on a visit to Boston, was brought under the discipline of the church there, con- fessed himself in fault, and was solemnly admonished; and others of them, who were wont frequently to visit Boston, were called to answer by the authorities. The members of the island church were thus dealt with as often as opportunity afforded, and by the performance of such acts of discipline, so often, its leading members became greatly weaned from attachment to Mrs. Hutchinson and the so-called antinomians. There was the same difference between Gorton's views of government and the government established here that there was at Plymouth. It was not the bare objection attributed to him that the islanders were without a charter. Although Plymouth had one " by which," he said, " authority was derived, which authority I reverenced," her government was scarcely less objectionable to him on account of it. His objections 10 the government on the island were that those who administered it observed not the laws of England, of whom they were subjects, nor the rights they provided for her subjects, that they had received no grant of sovereignity from her, nor were they ruling by the suffrage of a majority of the people, but had set themselves up as rulers and were ETOverning by their own interpretations of laws from the Bible. Gorton was a student of law. His library he brought with him from England contained the standard authorities," and he understood hi^s own and the people's rights better than did these judges and elders." The few admitted "freemen" who sustained Coddington s govern- ment had already become a moiety of the people, and even they, most of »2d Ed. Winthrop's, i, 357- Callender's Hist. Discourse 8t Ellis' Annie Hutch- inson. .26. Arnold's Hist. R. I., i, 138. ^ 'Ellis' Annie Hutchinson 327. »R. I. Collections, ii. 80. Library to Samuel, Jr.. Austins Genealogical Uict. "Dorr in R. I. Collections. ^Minutes Warren Baptist Assn., 1849. 24 LIFE AND TIMES OF SAMUEL GORTON. them, had become dissatisfied and desired relief from its despotic ten- dency. It, on the 22d day of January, within a month after Gorton's arrival there, impelled probably by the necessity of stemming an out- break of the opposing masses, adopted an amendment for the purpose of gaining a firmer administration ; by which the form of the government was changed from that of Hebrew judges to Hebrew judges and elders, a form more highly Puritan and more in keeping with the church order. This was effected by " choosing and calling " the " elders of the church,* Coggershall, Easton and Brenton, " into the place of Elder- ship " in the government, to rule with Coddington, and to allot only to acceptable tenants the use of the soil.' The Judges and Elders to account for their acts to the body of freemen every quarter of the year, that what had been done might be confirmed or repealed by the act of the body. The Sergeant was to attend all meetings of the Judges and Elders and to inform them of all breaches of the law of God that tended to civil disturbance.* The government was, under this form, carried on at Pocasset a little less than four months; whether the rulers gave an account to the body of freemen at the end of the quarter, April 2d, does not appear from the records, but on the 28th day of that month the majority' of the freemen were that dissatisfied with their government that they would not endure it longer. They, therefore, put out Coddington and the three Elders and chose in the place of the former William Hutchinson.^ Gorton was the principal leader in this movement, the overthrow of the government of Judges and Elders, who, he said, had " changed the government from what it was originally," and who here, as elsewhere, had denied freedom to all but themselves. No charges of official derelictions appear of record against the deposed leaders, although an " offering " shortly after issued by themselves implies that such had been made.* That they had been despotic in their administration is proven in that of the seventy-three now inhabitants but twenty-three had been made " freemen," and thus the large majority of more than two-thirds of the inhabitants were debarred from holding land and from the right to vote. Besides, to this large dissatisfied majority who were not freemen were added, on account of Coddington's denial of them of the land rights justly claimed by them, nearly all of the original compact freemen and nearly two-thirds of all who had been made freemen. Coddington being named in the Indian grant, his right in the land was evident, while the rights in it of the others with whom he joined in securing it, but who had not their names placed in the grant, was sub- jected to change and question. British lands were at this time held under the feudal system, the Indian Sachems being recognized by the English government as the feudal lords of the soil. Coddington, by virtue of the Indian grant, himself assumed the lordship and disposal of the island in tenantry only and to those who pledged fealty to his government and became his friends. The land was voted by Coddington and his council to this tenantry^ for occupancy and improvement, and was again voted away from them if they opposed his intended doings or failed to build.' As a consequence of these conditions the land troubles became severe and continued so, events encouraging Coddington, while the land hold- ings remained in this unsettled state for thirteen more years, when, after about half of those who had ioined in securing Aquidneck had from the various causes departed from the island, those remaining, 'R. I. Records, i, 63, 64. 'R. I. Records, i. 65. Callander's R. I. Col- lections, iv, 116. *Judge Brayton's R. I. Hist. Tract, 17. '2d Ed. Winthrop, i, 356. *R. I. Rec, i, 93. ^Records, i, 54, 55, May 20, 1638. 'Records, i, 59, 68. Tlecords, i, 45, 51. R. I. PROVIDENCE AND RHODE ISLAND PLANTATIONS. 25 by fortuitous circumstances hereinafter related, drew from him an acknowledgment of the land rights that belonged to them." As before, when left out of office in Massachusetts, Coddington and the three Elders, with Dyre the clerk, and two of the original members, John Clark and Henry Bull, and two other persons, Jeremy Clark and Thomas Hazard, who had not been admitted members, determined to remove and propagate a new plantation. These ex-officials took the books of records and land evidences of the Pocasset government, which they had no right to, with them, and with the others, in all nine persons, removed twelve miles down the island, where they started, April 28, 1639, the town of Newport.'" For their government they resolved " our determination shall be by Judge and Elders," and while at Pocasset the Judge had but one, they resolved now for a government of greater strength, " the Judge to have double voice," or vote. " They carried on this government at Newport as they had at Pocasset, with this variation only : The Judge, who before had but one, now had a double voice. They still judged according to the law of God as the Judge should determine." This was not a civil gov- ernment.' Gorton and his friends, the majority of the people, those who remained at Pocasset, none the less than others acknowledged the presence of the necessity for government and approved of government of necessity without a charter, sanctioned by the people and in accordance to known statute law. Two days after removal from Pocasset of those who had been left out of office, on April 30th, those that remained at Pocasset that had not been members of the government — inhabitants dwelling there — with William Hutchinson as an original member, by a written compact, whereby acknowledging themselves " legal subjects of King Charles," they bound themselves " into a Civil body politic, unto his laws, accord- ing to matters of justice." To this compact, already acknoidedglng His Majesty's Lazvs for their government, each member " particularly recorded," " underwrote " his " agreement " and " acknowledgment." William Hutchinson and Samuel Gorton lead the list of subscribers to this compact. Among the names subscribed to it, Samuel Gorton, John Wickes, Sampson Shotten and Robert Potter, residing there, were afterwards original purchasers of Shawomet — none of them members of the church compact. The record of this new compact further is: "According to the intent of the foregoing instrument, we, whose names are hereunto particularly recorded, do agree, jointly, as by major voice, to govern ourselves by the ruler or judge amongst us in all transactions for the space of one year, he behaving himself according to the tenor of the same." ^ The names of chief officers of this new government were erased from the records by a succeeding administration, but we learn from Baylie that they chose William Hutchinson [who is first on their list of mem- bers] Governor.* They chose one, and Samuel Gorton is next on their list of members. Deputy Governor. They terminated the office of Elderships and chose four they called Assistants. These, with a Recorder, Treasurer and Sergeant, for the help of the Governor in his Hist. Tract, ist Ser., iv, 23, 24. After the King Phih'p'? War, when the records of the many early settlers were destroyed and nearly all the land of the island stood in the names of Coddinpton and his serviceable friends, the lands were by Legislative Act confirmed absolutely to those in whose names they were at the time of the passage of the Act recorded. "Nicholas Easton, one of the three who were appointed Elders, gave the name Newport to the new settlement. R. I. Collections, vii, 330. 'Chief Justice Brayton, Rider's Hist. Tract, 17, p. 47, ^Portsmouth, R. I. Rec. i, 70. 71. Rider's Hist. Tract, 17. 'Baylie's Dissuasive from the Errors of the Times to 1645, p. iSO- Palfrey's 26 LIFE AND TIMES OF SAMUEL GORTON. adnw'nistration for one year. The titles of Governor, Deputy Governor and Assistants were given to the officers of the government in their official records, and they were the first of these titles in the colony." " It was a government to exist for one year. It was a government of law — English law. They provided for courts to be held every year and every quarter of th.e year, and for a jury of twelve men to do right betivixt man and man." The men chosen as Assistants might consult among themselves and put an end to controversies not amounting in value to £40 sterling. The Judge, with the jury to decide it, if brought to the public court. This i^as the first government in the colony with Magistrates governing only in civil things; also was the earliest provision for a jury trial, and for regular courts for the trial of causes made in the colony. This government differed as wide as the poles from any system at the Bay, or as yet at Newport. " It was the first government in the colony organized like our government of to-day and maintained by universal suttrage. No religious tests of political qualifications were prescribed, every permanent inhabitant was a citizen. The government at Newport continued to be administered as it had been — justice and judgment to be impartial, according to the law of God." They, at Pocasset, were living under a different form of government — an entirely different system — had acknowledged their allegiance and submitted to the laws of their King, and were now living under a com- pact which swept away the whole Puritan polity." It was a model government. ^ It changed the name of the town to 'Portsmouth. It held regular meetings monthly.* They at Newport, governing there, desired to be restored to govern- ing at Pocasset, now Portsmouth, and had at an early meeting appointed Commissioners to negotiate with the " brethren at Pocasset " for this end; but neither Hutchinson, Gorton or any others in place in the Ports- mouth government entertained the negotiators or their proposals. Not discouraged, they at Newport, on the 25th of November, 1639, further ordered that the Commissioners formerly appointed to negotiate the business with our brethren at Pocasset shall give them our proposi- tion under their hands, with their answers, and shall give reply unto it, and so shall return to the body a brief of what they therein have done.' They also appointed a committee for the purpose of obtaining a patent for the island. We are not informed what all the inducements were which Codding- ton offered to effect the restoration of his government to Pocasset. Those with him at Newport had been liberally allotted land, and would, with Portsmouth, have larger bounty of lands and of homes to be con- fiscated when they returned." The Pocasset brethren were without a land title, could not pass any, nor secure any from Coddington unless Hist. N. Eng., i, 515 note. 2d Ed. Winthrop's Journal, i, 356. 'Ellis' Life of Annie Hutchinson. Portsmouth and R. I. Reeds. There were thirty-one who signed the Compact for Civil Government, and whose names are upon the original papers. Two of these names, those of Wm. Aspinwall and Thos. SavaE;e, were crossed over fiy some one and are omitted from the printed records ; hut they belong to the list. Roth of these men lived in Pocasset all the while Hutch- inson was Governor. Savage did not leave until Feb. 2, 1639-40, after Coddincrton had provided to return there. Asninwall was there when the Boston Church Committee visited the island Feb. 28, i6-!o-io, and for two years after. With all the mutilation which the R. I. records underwent in the hands of the Coddington party, to favor their government, many errors, aggravating the deception, were also made in the copying, arranging and printing of them. They should be reprinted from the originals. 'Chief Justice Brayton in R. T. H. Tract, Tst Ser., 17, pp. 50, 51. 'Record<;, i, 7.?. ^Records, i. 04. ^Records, i, 99. 'Indian Grant, R. I. Rec, i, 45. "Records, i, PROVIDENCE AND RHODE ISLAND PLANTATIONS. 27 they, by again supporting him, became " his friends." ° It appears, too, that the government by Judge and Elders was not to be readopted by him if he were again received by them. Another, a significant " offer- ing," is recorded from the Newport brethren to the Pocasset brethren — " That, as natural subjects to our Prince and subject to his laws, all matters that concern the peace shall be by those that are officers of the peace transacted; and all actions of the case or department shall be in such courts as by orders are here appointed, and by such Judges as are deputed, heard and legally determined." "* The members did not set their names to this. It was signed by their Secretary and sent " to the Pocasset brethren." It was a revelation of its authors' deficient knowl- edge of law and their past disregard for it, and an offer to reform by adopting and thereafter observing legal methods in their proceedings. The Pocasset or Portsmouth people had individually subscribed to the English statute laws. Among other propositions of Coddington's was that he made to his henchmen, stated by him in his letter to Winthrop, as a condition of his return — that Gorton and other leaders of the liberal party should be driven from the island. Considering the eager desire of the Coddington party for office and the wrath which they cherished against those who opposed them, this promise, it will be seen, was cal- culated to arouse them to great exertion. Coddington, writing to Governor Winthrop, December 9, 1639, fifteen days after, says : " I am removed twelve miles further up into the island. They gathered a church and intend to choose officers shortly, and desire better helps in that kind when the Lord is pleased to send them, and would gladly see what means doth lie in us to obtain them. Things are in far better pass, divers families being come in, and have given satis- faction. Mr. Gorton and Mrs. Hutchinson oppose it. It was hatched while I was in the Bay, and the Lord, I hope, will shortly put an end to it. Mr. John Coggershall, Mr. William Brenton and Sergeant Balston do desire to have their services presented to your worship." ^ This conference of Coddington's committee — what he terms as his removal up the island — was a meeting with not more than one or two of the Portsmouth men, and was not an acceptance of his government or of the people there, of his propositions or his authority. Gorton says: " I knew of none that was present at their meeting but a Clergyman to bless then." ' The " helps " who Coddington solicited from Winthrop the church was pleased to supply him. In February, 1639-40, a deputation. Wild says, of " four men of a loving and winning spirit " were sent by the Boston church to visit its members upon the island, to discipline some and to reclaim others. There are but three, William Hibbins, Edward Gibbons and John Oliver, named in the manuscript returns, but Mr. Lenthal, who went to Newport at the same time and remained to teach there, may have been the other member. The deputation lodged the first night of their journey at Mt. Wolliston with Mr. Savage, who had but a few days before (February 6, 1639-40) left Portsmouth. The second night they were met on the way by one who came from Taunton and conducted them to his house. Oliver and Lenthal, after leaving Taunton, for a time lost their way, but on the third day, February 28th, they all came to Portsmouth.* Their return was made in the meeting house at Boston after Cotton had finished his public exposition. March 16, 1639-40. At Portsmouth* they met Deacon Aspinwall, the banished one, and brothers Sanford and Balston, the latter now the innkeeper 93- '4th Ser. Mass. Hist. Collections, vii, 278, 279. 'Force's Tract, Vol. iv, Tr. 7, p. 8. 'Lenthal was in August, 1640, within six months from his arrival, made a freeman upon the island, and during the same 28 LIFE AND TIMES OF SAMUEL GORTON. of the town, who with others gave them a meeting, listened to the read- ing of the church's letter, and gave satisfactory answers. The next day they visited Newport and were entertained by Coggershall, the dismissed member, who would not receive the church's letter unless they of the island were acknowledged to be a lawful church, which the deputation had no commission to do. Mrs. Hutchinson, of Portsmouth, refused to acknowledge the Boston church. Mrs. Dyre, who afterwards became a Friend and lost her life by it, acknowledged the church and desired communion with them; and Deacon Aspinwall, the only one of the compact of first settlers who had been banished from Massachusetts, was satisfied with the righteousness of the church's proceedings against him and others." Among the objections raised by the members who were under disci- pline were: That the church had first broken the covenant with the exiles; that the covenant binds no longer than a member remains with the church; that parents and wives being cast out of the church, neces- sity is laid upon others to go with them to supply their wants ; that they had been driven out of the country. To which the Deputies made the following: Answer ist. If the church should break covenant with you, yet that doth not loose the covenant between the church and you. Answer 2d. Though some of the members of the church had a hand in his (Aspinwall's) censure and banishment, yet it follows not that the church should deal with them when he suffered justly for his errors and his misapplying of his doctrine, to raise up much trouble and commotion, to the great detraction both of church and commonwealth; therefore, we cannot see that the church hath violated their covenant with you or dissolved your covenant with us; therefore, brethren, do not walk like lambs in a large place, but return, that we may watch over you, for we seek not yours, but you and your good and peace. Answer 3d. The necessity to go with castout parents and wives to care for them was denied. Answer 4th. Mr. Winthrop affirms that his advice was not as Governor, nor as the mouth of the court, but only in Christian love, to depart for a time till they could give the court satisfaction. He answers he did not advise all to depart, for he persuaded Mr. Coddington ear- nestly to stay, and did undertake to make his peace with the court. Neither did the court banish or drive any away but two, Mr. Aspinwall and Mrs. Hutchinson. Some were under no offense at all with the court, as our Brother Hazard. Brother Hibbins promised and Brother Coddington accepted that the church covenant should be sent to them. The junior Hutchinson re- quested that he be dismissed from the covenant, but it was refused him, and he was advised to agree to the justice of the church's act in casting out his mother, Mrs. Annie Hutchinson, who, with Mr. Gorton, would under no conditions acknowledge the church, and were reported to be holding meetings in their houses.* On the I2th of March, 1640, the day before the deputation's departure, a meeting, presided over by Coddington, was held at Newport, attended by some of the up-island men. With only eighteen out of the seventy- mnnth of Auprust, 1640, he left the island and departed for England. *The deputation pot the names of the towns confused, sometimes calling one town by the name of the other ; this, probably, was the result of CoddinKton having the record books from Pocasset, which town had but eight months before changed the name to Portsmouth. "Aspinwall was later. Mar. 27. 1642, fully restored in the church. " He made," says Winthrop, " a very free and full acknowledgment of his error and seducement, and that with much detestation of his sin." Wheelright, who was banished and went to New Hampshire, also tendered his submission and was restored to the church. Mass. Records, in, 6. •The Boston Church, not being all agreed, deferred sending the covenant to them. PROVIDENCE AND RHODE ISLAND PLANTATIONS. 29 three Portsmouth freemen, only thirty-five from both towns, out of ninety only five out of nineteen of the first compact of settlers, but a small minority in every way present, it "agreed, by this body united and " embraced " the few present who were signers of the old church compact ' and proceeded as a court for both towns, although recognizing no one as a member of that government who became a freeman under the civil compact of government. They received as new menibers five of the latter who were present at the meeting, and disfranchised the five soon after the five had voted to sustain the union and it had been pronounced perfected.' The large majority of Portsmouth freemen were never allowed to belong to Coddington's body of citizens; yet at one of his later courts, claiming jurisdiction over them, it was facetiously " aereed " that they were " a democracy," " that is to say, it is in the power of the body of freemen, orderly assembled, or the major part of {hem, to make and constitute just laws." » They adopted this much of the Portsmouth government's methods of proceedings : That they would drop their titles of Judge and Elders; that the officers of the government should be Governor, Deputy Governor and Assistants; and that Portsmouth continue to be the name of the town Ihey appointed courts, consisting of Magistrates and Jurors, for both towns, to determine all causes of action that should be presented. They also agreed that officers should be chosen by themselves for both towns, and that the Governor and two Assistants should be from one town and the Deputy Governor and two Assistants should be from the other town. Thev thereupon chose officers for both towns ; but instead of following the order they had suggested and adopted, that the towns should share the offices equally, they chose both the Governor, Coddington. and the Deputy Governor, Brenton, from those who belonged in Newport and were of that government. The office of an Assistant xyas, as a ruse, voted to ex-Governor Hutchinson, of Portsmouth, and then before the end of the term voted to their Elder, Nicholas Easton, of Newport. On account of the probable insurrection, an alarm was appointed, to which aU of the inhabitants of the island were commanded to answer at their peril' Sheffield states that the most important person (Governor Hutchinson) in what he styles the Gorton government abandoned it and petitioned to be reunited to the people of Newport. The statement that he so petitioned is an error. Those of Newport were the petitioners. Hutchhinson resisted at first, but finally yielded to the petitioner s per- suasions and " was embraced " by them.* Winthrop, in referring to the overthrow of the Portsmouth govern- ment, calls Hutchinson a weak man. He may not have considered that Hutchinson and his supporters were in an unfairly disadvantageous position, were without any grant for any land. They were possessed or dispossessed, according to the practice, by the vote of those who had gone to Newport and carried the record of their acts with them. Cod- din,gton unyieldingly held the Indian grant of the island and sought to obtain a patent for it to himself, to confirm his title." Hutchinson anri his followers v,^ere in the position of tenants, who would, in the event 01 2d Ed. Winthroo, i, 396- CoddirRton's letter, 4th Ser. Mass. Collections, vi, r?T2- .20. Robert Keayne's MSS. notes, Archives Mass. Hist. Soc. 2d Ser Mass. Collection, x. 184. Ellis' Life of Annie H.itchinson, 328-rd6. ,;„v.l ^ivi,t, sp, I Rec i 119. »"They meant by it an equality of political nphts only among the members of the few or rulinof classes." Dorr in R. I. Hist. boc. Prnrppdincrc; New Ser iii, 230. '"R. I. Rec, 1, 100, 102. 'Records ?' 10. ^The Church hath chosen Theophilus Easton their MaSrate.'for so they call him [their Elder, Nicholas Easton]. Coddington s letter to Winthrop. 4th Mass. Col., 278. "Records ., 103. *Records, i, 94. 100. 'Records, 1, 94- He represented to the English 30 LIFE AND TIMES OF SAMUEL GORTON. Coddingtcn's further success, likely be evicted; and Hutchinson seems to have placed above every other consideration that of saving to others of Portsmouth, more than to himself, their rights in the land. Hutchinson was not chosen Assistant at tlieir next election. Had he been willing to accept it, they had no further use for him. Bailey men- tions the unfounded rumor referred to by Williams, " that Mrs. Hutchin- son opposed magistracy and persuaded her husband to lay down his office of Governor." This false charge of " opposition to magistracy '' was made by the church party, not only against her, but against Williams and against Gorton at the very time Gorton was filling the office of magistrate,* and against everyone who opposed the church magistrates. Mrs. Hutchinson opposed only these and gave her support to others, of whom her husband was one. She was opposed to the magistracy of Coddington, assuredly from the time he acknowledged to the Boston congregation that he erred in departing from their church at Boston, and she aided in deposing him from the Pocasset government. She, as Coddington complained, opposed his return as magistrate ; and she may have persuaded her husband to lay down the office he had accepted in the sinful alliance as assistant magistrate to the usurping church magistrate Coddington. In this assumption of Coddington at Newpwort to extend his govern- ment to and over Portsmouth there were present, as we have seen, but five of the original compact of first settlers, and a still smaller minority of the whole people than of those he had made freemen. There were upon mainland and island, prior to the charter, no other freemen than those who were made freemen by a compact of settlers. Those who were made freemen by the Portsmouth government were not present nor admitted to a voice in Coddington's proceedings, and it is clear that he had no rightful jurisdiction over the Portsmouth people.' The return of the deputation to Boston was within four days after the Newport meeting, at which Coddington assumed to be the Governor over the whole island. The Deputies do not, in the account preserved, mention their stopping again on their return at Taunton. Yet, at about this time, a number of officials from Massachusef-.^ and the island met there and arranged for disposing of their troublesome opponents. Taunton, first settled in 1638 by Captain William Poole and his sister, Lady Elizabeth, was a border town upon the main road between the island and Massachusetts, and M^as a convenient and popular resort for men of public affairs and for general travellers. At different times and upon various occasions there met here [some of them under Com- missions from the Governors and Assistants of Massachusetts] Boston, Roxboro, Salem pnd other Massachusetts magistrates and ministers, and ex-Governor Prence, Deputy Governor Brenton and other Plymouth and island churchmen and politicians. Captain Poole's son John mar- ried the daughter of Deputv Governor Brenton of the island, and later Brenton bought a farm at Taunton and for a time made it his home. Here Coddington took refuge and passed much of his time when he later rov^rnment that he owned it. Scq. 'Gorton, as AVinthrop said. '' acknowl- erlo-ed magistracy to be an ordinance of God in the world, as marnape. za. to. Wirthron ii jy. 'It is impossible to do full jujstice to the men who constituted the Model Civil Government, or to the measures they pursjied ; tor Coddint^ton's Rovernmcnt, bv its connivance, secured the records, and the names and official stations of Hutchinson. Gorton and others, and many things un^avor- to the Coddintjtons were eliminated from them. None of the names ot tnose who were siijners and members of the Civil Compact, and only the names ol the MX who were original members of the First Comnact of Coddington s were allowed to remain in his records; leaving us with but the little information ot service to us, which escaped the vigilance of Coddington s government and the little which is obtained from accidental sources. R. I. Rec, 1, 71. 75. »i- ^l"S PROVIDENCE AND RHODE ISLAND PLANTATIONS. 31 was compelled to make flight from the island. The town received an unusual degree of attention from Prence, and under him and the laws against foreigners and strangers was the scene of many harrowing acts of persecution.* A snare, instigated by the men at the Taunton gatherings, similar to that which had in the Plymouth proceedings against Gorton's maid served so effectually in disposing of those against whom no charge of crime would be effectual, was laid upon the island for Gorton and like unsubmissive islanders.'' Three months now had passed since Coddington's assumption of gov- ernment over Portsmouth. Gorton had lived there for eighteen months, " disturbing no man, conducting himself civilly to all men and court- eously." Notwithstanding the defection of Hutchinson from the model government at Portsmouth, it was supported by Gorton and nearly all of the Portsmouth people, and they maintained it and its courts for the town, which courts were the only ones recognized as courts there by the people. A quarterly or circuit court of Coddington's, one of those appointed for the town of Portsmouth at the Newport meeting, v;as 10 make an attempt in Portsmouth at sitting. A difficulty was to get causes for trial before this court. Its summons would not be heeded by any Portsmouth people. Action was brought into it by the following pro- ceeding: William Brenton, one of its Judges, who was one of the Elders with Coddington that had the year before been put out at Ports- mouth, who went with him to Newport and was Elder there with him, and who was at the Newport meeting declared, as a resident of Ports- mouth, Deputy Governor over the whole island, himself made a com- plaint and himself an arrest of a house-maid of Gorton's, and this for an alleged trespass and assault on a woman. He arraigned the maid before this court, himself and Coddington presiding. As at Plymouth, Samuel Gorton now came to the aid of his servant. The kindness of his heart prompted him to appear in this court in which she was detained, whose jurisdiction he and the people denied, to release or defend her."* Here, as at Plymouth, there was no cause against Gorton. Here there was a self-constituted court sitting with the intent of following the Plymouth course and condemn him for contempt when he should appear in it. We find no letter over Coddington's name describing his hoped for " end to it." But an anonymous informant gave an account, which is the only account ever said to have been given by a witness to it. None of the many witnesses to this — it was no trial — and the scenes following it ever owned this account or gave another of it ; and, too, while William Arnold and many others such as he, who were witnesses, were diligently proclaiming everything that could cast discredit on Gorton, and that boldly over their names. From the anonymous account, in what no doubt is Winthrop's manu- script, and the conditions presented by Coddington sitting with his court of trial at Portsmouth, where more than three-quarters of the inhabit- ants denied its jurisdiction, it is clear that there occurred there much of what would occur to-day if the magistrates of one town attempted to sit in another. Gorton vehemently protested against the unfairness and illegality of the proceedings. Coddington called upon his followers Life of Annie Hntcliinson, 326. *Ante. Plymouth Rec, i and ii. Plain Dealing, 3d Mass. Conections, iii, 107. R. I. Col., iii, 208. 'R. I. Hist. Col., iii, 2g8. R. I. Hist. Tr.. 17. p. 57. etc. Baylie's Hist. Plymouth, i, 285-290. Force's iv, tract 7. Lechford's Plain Dealings, 3d Mass. Collections, iii, 95, 106, 107, 402, 403. '"Judge Brayton, Rider's Tract. 17, 'The first preserved storj' of the fracas was given by one of Coddington's henchmen, and 32 LIFE AND TIMES OF SAMUEL GORTON. in the room to eject him. Gorton in turn called upon those of the home government, who had subscribed to the King and his well-known laws, to take away Coddington. Coddington's men laid hold upon Gorton to remove him, while Randall Holden, John Wickes and others, the Portsmouth people, stopped the way. The court was, it appears, without a trial broken up into a hand-to-hand conflict, Coddington, in his zeal, personally engaging in it.' The Portsmouth people, among them Gorton' with clothes torn, for the time the victors, pursued Coddington in his flight. Coddington, however, had come prepared for war by encamping near by some soldiers, and by calling upon them partly restored his order. John Wickes, Randall Holden and a number of others, most substantial men of Portsmouth, were anathematized by Coddington's court for denying its legality and jurisdiction. Gorton and others, leaders of his party, some of whom were of the first purchasers of Aquidneck, abandoned the island. The houses and persons of the remaining Coddington opponents were then searched [by those who had complained of the like treatment to themselves when they were in Massachusetts] and a confiscation made of their arms. Gorton and those who left the island with him went to Provi- dence.' Clark, the leader of the movement for settling upon Aquidneck and for whom Williams secured the island of the Sachems, who had up to this time yielded to Coddington and been his pastor, now broke from him, gave up the settled church, joined the Liberal party and never after took part in government under Coddington. Lenthal, who came but about six months before at Coddington's call for helps, as the teacher, had with the others taken part against him, and all within a few weeks had a rupture with the church regarding baptism, had a release from his position, had a free school opened' and had been compelled to close it, now, with the others who had taken part against Coddington, left the island; and Nicholas Easton was fined for breach of order and left out of office.' The breaking away of Clark and Lenthal, and the establishing by Lenthal of the free school in the summer of 1640, probably was the beginning of the Baptist Church on the island, though we find no full account of its organization until some time after. Although it does not appear that Coddington again attempted to hold a court of trials at Portsmouth, the others who were leaders in the Liberal party, who tried to remain to live there, among them Mrs. Hutchinson and her family of sixteen and her friends, were so continually harrassed and threatened with being taken and sent for discipline to Massachusetts that they became terrorized and left the island. John Wickes, William Aspinwall, Richard Carder, Randall Holden, Edward and William Hutchinson, John Porter, Thomas Savage and Sampson Shotten were, some of them imprisoned, most of them disfranchised, and all of them and their families and friends with other opponents of Coddington, including a large share of the original compact of purchasers, plundered is the one from which the others are taken. By his story, they, of course, whipped Gorton ; but, as the story proceeds, it reveals the certainty that the unpreserved accounts by Gorton's friends told that they whipped Coddington ; for it sets forth the fact that, although Coddinsrton did make Gorton run, he didn't let Gorton catch him. N. E. H. and G. Recr. 'These " intoxicated sectaries," Mather wrote, swarmed over into the mnin, where they also purchased some tracts of land now covered with the towns of Providence and Warwick, for all of which they obtained at last a charter. Magnalia, Book vii. 'That is one in which the lil^eral studies were taught. Aue also purchased and arc purchasing of the natives other places zi'hich may be convenient for Plantations: and, whereas, the English have represented their' desire to the Earl and Commissioners to have their beginning approved and confirmed by granting unto them a Free Charter of Civil Incorporation and Government, that they may order and govern their Plantations in such a manner as to maintain qtiiet and peace^hoth among themselves and toward all men zvtth ivhom they shall have to do. In due consideration of said premises, the said Robert Earl of Warwick, Governor-in-Chicf and Lord High Admiral of the said Plantations, and the greater number of the said Commissioners whose names and seals are here underwritten and subjoined, do by the aforesaid ordinance of the Lord and Commons give grant and confirm >R. I. Rec. i. 143. 144. R. I. Collec. iv. 222. *Tbis territory and its PROVIDENCE AND RHODE ISLAND PLANTATIONS. 59 to the aforesaid inhabitants of the towns of Providence, Portsmouth and Newport a free and absolute Charter of Incorporation, to be known by the name of the Incorporation of Providence Plantations* in the Narragansett Bay ; together with full power and authority to rule them- selves and such others as shall hereafter inhabit within any part of the said tract of land."^ The patent provided for prospective settlements, covering as was intended and had been planned by these people, besides the lands where settlements were established, any lands now granted or that should hereafter be granted for settlement by the Indians to Gorton and his friends, who were preparing to build dwellings when Williams departed.* Williams upon his return was saved from the long route via Man- hattan by a letter furnished him by Northumberland, Fernwick and ten other Parliament peers and Commoners, commanding the Massa- chusetts Magistrates to not molest him and to regard the charter; with which letter and charter he, on September 17th, 1644, landed at Boston. Upon Williams' arrival with the charter and shield to his planters from the aggressions of the Massachusetts rulers, bitter censures were poured out by the latter upon the heads of Peters and Weld, their unsuccessful agents." The delight of the settlers of the Providence Plantations was great and expressed by public demonstrations. The charter, says Gorton, " was joyfully received by the entire colony,"* by those of Shawomet not the least, for it gave to all the plantations the power of government that would, it was thought, protect them in the peaceful possession of their lands and homes. The Parliament Commissioners, after Williams' departure on August 19th, 1644, iii response to complaints which had been sent to them of the invasion of the Plantations and the imprisonment of Gorton and his companions, sent a letter of reproof to the Massachusetts authori- ties, which letter probably as early as October reached them.' Yet the Massachusetts Court, undismayed by all, on October 17th, 1644, sent a letter forbidding any person intending to settle at Shawomet to do so, and asserted their resolutions to maintain what they called their rights." " With all expedition," in October or November, 1644, at Portsmouth, " a joint course was held for instructing the people into the power of the charter and liberties thereof, for the exercise of the authority in the execution of law for the good and quiet of the people." Representatives from all the towns in the colony were present, and they formed an organization of government under the charter, which included all the government could not well have been named otherwise than Providence Planta- tions, for Providence was the main settlement and there was not then such a place as Rhode Island : This name was given by the Island Court to Aquidneck Island on Mar. 13, 1643-4, after the last reading of Williams' charter upon its passage by the Foreign Commissioners in England. R. I. Rec, i, 127. R. I. Collec, iv, 88. 'R. I. Rec, i, 143-146. English land at this time was owned by the government. Its patent, as that to Mass., was both a grant of dominion, t. e., the right to govern the inhabitants of it and a c^ant of tlae right of loyalists to its use. One of Williams' offenses to Mass. was his assertion that they should not receive the use of the land from Eng. This opinion was held also by Gorton and most others of the Prov. Plantations, and in accordanca with this view the patent applied for and received by Williams granted only dominion, recognizing the Indians as the rightful lords to its use. This right the inhabitants of Prov. Plantations received by grant from the Indians. The Feudal system of government ownership of English lands was shortly afterwards abolished. *There was no town upon the wild lands called by the Indians Shawomet when Williams went to obtain the charter, but before he returned the settlers had built there and been driven from the town, now of about four little dwellings. 'Remarks of Thomas Aspinwall. Sidney S. Rider, Pub. Prov. 'R. I. Collec, ii, 121. 'Baylie's Hist. Plymouth, i, 250. 'R. I. H. Tract 17, p. no. R. I. Collec, ii, 166. 'Gorton's 6o LIFE AND TIMES OF SAMUEL GORTON. towns within the Narragansett tract, under the name of the Incorpora- tion of the Providence Plantations.' No records of the names of the corporators and of only part of its officers are preserved. Williams iwas chosen Governor;'" Clark a Representative of Newport, doubtless one of "the Commissioners" present whom Coddington says "joined them/'* was chosen Deputy Governor ;* Gorton was chosen an Assistant and Judge ;^ and other Commissioners from Portsmouth and Shawomet accepted offices to which they were chosen.' By this charter organization " it was then that the inhabitants of the State first became a corporate people."" This was the beginning, with Williams the first Governor, of the government of the present State. The Plantation of Providence immediately subscribed to, constructed and conducted its government under it and in accordance with the charter provisions. It enforced its orders. It was, according to the then highest earthly authority, the English government, a legally con- stituted and legally organized government, and although most of the early records are destroyed, sufficient evidence to assure us of the exercise of its authority at this time remains. It was the beginning of the chartered government granting and maintaining unlimited freedom in matters of conscience and franchise rights to all its people. A remarkable code of laws, one of the earliest compilation of laws in American history, in which Gorton's wisdom and literary talent, and also his superior legal acquirements, are apparent, was drawn up for the government of the colony. " In the construction of this code, cat e was taken to avoid the errors of which Gorton had complained in the judicial procedures of the other colonies by making each section con- form to existing English law, reference to the corresponding English Statutes being placed at the end thereof." It forbade imprisonment for debt, and in other respects was in advance of contemporary legislation. The position against witchcraft indicates a prevailing scepticism here at the time when Massachusetts was under the spell of the delusion, soon to break out in an appalling epidemic of persecution.* The men of Shawomet were particularly accused by the Massachusetts authori- ties, in a letter addressed to the agent of the colony in England, for " crying out against them that putteth people to death for witches, for account in R. I. Collec, ii, 165, 166, R. I. II. Tract 17, p. no. "Had an organi- zation of the whole colony in the fall at Portsmouth, Gorton and others accepting the places to which chosen." Judge Brayton in Rider's Tract 17. "Williams in his letter, R. I. Rec, i, 458, writes: "Myself the Chief-officer in this colony," see his letter in latter portion of these pages. R. I. Collec, iii, 159-162. Williams was in 1652, "as well as before this time, elected to the office of President or Governor of the colony." Judge Durfee, His Works, 177. ■Coddington's letter to Winthrop, Nov. 11, 1646, "The Commissioners have joined them in the same charter." "Capt. John Laveret of Mass. writes, in about 1651, to Thos. Tempee of London, Eng. : "It is creditably reported that Rhode Island has chosen one John Clark their Deputy Governor, and intend 10 send him to complain to his Majesty." Hutchinson Papers 382, 383. In Nov., 1651, Clark sailed on that mission from Boston, and in the same month Leveret followed him to answer him. At no period after 1644-7 was Clark a Deputy Governor until 1670. Thus it appears that the titles of the chief officers in the organization, 1644, were Governor, Deputy Governor and Assistants. The Rovernment modeled after that of Hutchinson and Gorton upon the island. *" An Incorruptable Key, by Samuel Gorton, at the time of penning hereof in the place of Judication, Rhode Island, Providence Plantations, printed in the year 1647." This was printed while he was in England. *" We, by the general vote of all the colony, have been chosen into the place of judicature for the orderly execution of the authority of the charter." Gorton's account. Force s Tract, Vol. iv. R. I. Collec, ii, 121, i6s, 166. Winslow's Defense, 83. •Judge Durfee, His Works, 481, pub. 1840 at Prov. and Boston. Dr. Janes' Life of Samuel Gorton. 'William Arnold's letter to Winthrop in Book of News, in Winslow's Defense, copy of letter in R. I. Rec, 1, 235. PROVIDENCE AND RHODE ISLAND PLANTATIONS. 6i they say thjere be no other witches upon earth nor devils but your own pastors and ministers, such as they are.'" The order from the Massachusetts Court of October 17th was received ; and letters from the Earl of Warwick, President of the Board of Parliament Commissioners, were, as in divers times before, received by the Commissioners of the new government, enclosing directions to the neighboring colonies to respect the chartered rights and expressing his resolution to maintain the charter granted to Williams.' "Upon this the country about us was more friendly and wrote to us as an authorized colony, only the difference of our consciences much ob- structed."" There are no preserved records of a January or February General Assembly. By plunder and by fire and otherwise the greater part of the records at Providence for the years 1644, 45, 46 were destroyed. Seldom were books used then, but the records kept on separate sheets of paper. If any book of general affairs was kept, it is missing. When a Town-book was used, the proceedings of the Prc^-'^'jnce Plantations and the colony of Providence Plantations — proceedings of both bodies- were entered indiscriminately in it, and it is not always clear in what capacity an act was done." The general business, to begin with, was hardly more than talk about lands where, during the winter months, few could settle. The people of the towns of Portsmouth and Newport maintained their town governments. They had chosen and sent their representatives to the Assembly of the chartered government and been joined to it. " The Commissioners," as Coddington stated, " had joined them in the same charter." Yet Coddington assumed to sit in a court of his own, which was elected by a limited few, who were by him made his freemen or electors upon pledging themselves to sustain him. This he asserted as a superior court, making laws for the whole island and trying the cases brought into it. Although for many months without a sitting and its justice and legality denied by so formidable an opponent as Clark at Newport and Gorton at Portsmouth, and with them a large majority of the whole island people, he so maintained what he called "government" as to hold back from the chartered Assembly the busi- ness of these towns. Very little general business for the charter govern- ment arose until after Coddington's leaders joined it, and then in draw- ing the numerous bills of indictment against Coddington. On April 14th' a court was held by the Deputies or Commissioners,' and on the 19th of the same month a number of the " free inhabitants " were granted twenty-five acres each of land, they subscribing with its acceptance their " obedience to the authority of King and Parliament established in the colony according to our charter."' In the records " Town " gave place to " The Plantation," and English law under author- ity of King and Parliament superseded " arbitration." An order was issued from one of "said Courts" on the August 4th following,' and " warrants " commanding attendance at their court were issued by the Chief-officer Williams in the name of the King and Parliament; the warrants served by their Sergeant. The form of government now, with an Executive head and his Assistants, and its Courts and its Attendants, differed materially from the form.er one. It was the long desired authority and judicial order for the people." •Letter of Aug. 9, 1645, from the Assembly of the Colony of Prov. Plantations. Mass. Arch., ii, 6, post p. 'Williams' letter, R. I. Rec, i, 458. Williams letter, ist Mass. Collec, i, 278. "Early Prov. Rec.. xv, 5. 7. 9. ^t, etc. *Apr. 14, 1644. 'Early Rec. ii, 6. 'Early Rec, 11, 29- *Early Rec. xv, 7. "Early Reeds, of Prov.. xv, 9. Chronological Con- struction, Lands of R. I., 84. If what we have of the records of the beginmng 62 LIFE AND TIMES OF SAMUEL GORTON. Cannonicus and the other Narrarjansett Sachems had, since tlie grants they had made to Greene and to Gorton, again exercised their right w'liich Massachusetts had forbidden them of disposing of their lands, and had granted a still larger tract outside of I'rovidence to Williams. This land was situated about where later the town of Wickford was built. It was free from conquest or other rights than those of the Narragansetts and of the English government granted in the charter. Williams, to be freed from the annoyances of the Pawtuxans, now sought relief here, erected a Trading House and took up his abode on ii.° Although the course of Harris or the Pawtuxet claimants was yet far from ended, this rout of Williams from Providence was the last rout of any prominence they effected, for with the charter a little more stable order v/as established.' An Assembly of the government of the Providence Plantations was held at Portsmouth in j\Iay of this year, 1645, against which a riotous demonstration was made by its opponents, they also breaking into the houses of Gorton and others, destroying their writings and carrying off the volumes in which the laws were printed." At this session a movement was made for apportioning some of the lands of the late grant among settlers. Preparations were also made for returning hom.e by some of the Shawomet people ; but all of this was cut short by a burst of opposition from Plymouth and Massachusetts, who were at rivalry for the territory. Brown of Plymouth had, on April 13th, been dispatched by the Plymouth Court" to look after their interests. He *' found them assembled in a meeting house granting land and such awful things," and he, in the name of Plymouth, forbade both tlie exercise of government under the charter and the distribution of the land. The Massachusetts Court also forbade the officers and Commis- sioners of the new government to exercise any authority under the charter or to distribute the land, or anyone to settle at Shawomet ; and directed their Commissioner, Benedict Arnold, to remove any who should settle there.'" " Massachusetts claimed the Sachems' last grant by various rights, among them that of conquest from the Pequots ; " so the Commissioners were dissuaded from alloting any land to the settlers for the present or until the matter could be amicably composed; " though," says Williams, " I questioned not our rights, etc., yet I feared it would be inexpedient and offensive and procreative of their heats and fires, and the dishonoring of the King's Majesty.'" Coddington and Brenton opposed the proceedings of the Assembly, although keeping aloof from it, apprehending danger from the people.' The disturbances at Providence had increased since Gorton left there. The Pawtuxet claimants, after the departure of Gorton and Williams from among them, became more defiant. On June 5th, 1645, the people of Providence were, upon complaint of William Arnold, served with Massachusetts attachments upon their lands.' Gorton says: "They ceased not to send out their warrants amongst us," and again a number of the povernment of the Providence Plantations were all together in order in one volume the organization and working order of the charter government would be in them clearly apparent. The government was not dependent on Coddington and his Elders joining it. 'Williams' letter, Nar. Club, vi, 3.73-351. R- I- H. Tr., xiv, 57 note. Williams had been living there some time when Arnold visited him there in June, 1645. Mass. Rec. ^ *" We lived in no order but rout as Harris' beasts, as he calls all who cross him. until God was nleased to help me to procure a charter." Williams' letter, R. I. H. Tr 14. "R. I. Collec, ii, 80. 'Ply. Rec, 2d Winthrop, ii. 270. '"Mass. Rec, ii, 117. ^Williams, Nar, Club, vi, 333-351- 'Arnold's Hist. R. L, i, 160. •Force's iv, Tr. 6, p. 98. 'Simp. Def., Staples' PROVIDENCE AND RHODE ISLAND PLANTATIONS. 63 of the people were summoned to Boston for trial ;* and the few aban- doned, unfinished houses and the lands at Shawomet were applied for and occupied by Massachusetts subjects. War was begun against the Narragansetts and white colonists, neither of whom had raised an arm either of aggression or resistance. On June i8th a company of forty armed men was sent by the Massa- chusetts Court to join their ally Uncas, the Mohegan Chief, against the Narragansetts.'' Meantime messengers were sent by the court to the Narragansetts to exact terms from them.* On June 28th a " meeting extraordinary " of the Commissioners of the United Colonies, in response to a call from the Massachusetts Court,' began at Boston. This court continued five weeks in session.* The war against the Narragansetts having begun,' requiring speedy course, it was agreed to take that first into consideration. The action of the Massachusetts Commissioners in having, without the previous consent of all the United Commissioners, sent the soldiers against the Narra- gansetts caused much sharp discussion." The Commissioners now met ordered the messengers. Sergeant John Davis, Benedict Arnold and Francis Smith, to secure the attendance of Cannonicus, Pessicus and other Narragansett Sachems at Boston and to inform them, in case they refused to come, that soldiers had been sent against them,' but that war should cease during negotiations.* The Sachems received the messengers with great suspicion, vowed that Arnold, who acted as interpreter, had in his former meetings with them misrepresented them and had threatened them with the accom- plished act, the death of Miantinomi, their Chief, for selling land to the proscribed people. Although the Sachems showed surprising com- posure in refraining from violence, three of them stood behind Arnold with raised hatchets while he was speaking.' The messengers, fearing danger and not hoping of better success at present, departed. They stopped that night at the Trading House of either Smith or Williams.* Before leaving, they had an interview with Williams and received from him a letter to the United Commissioners ; they then proceeded to Arnold's house at Providence or Pawtuxet, where they received a report of other threatening behavior of the Narragansetts from Arnold's family.' And they returned to the court at Boston with Williams' letter, a report of what they heard and had done, and of the rude usage they received from the Sachems; whereupon a Declaration of War against the Narragansetts was made and the reasons for it were ordered to be published.* Another companj' of soldiers was despatched to the aid of the Mohegan Chief with all expedition, and the rest of the forces from Massachusetts and Plymouth were ordered to join them at Seekonk on the eastern bounds of Mooshasuck, to enter the Narragan- sett country. Three hundred troops were ordered to be raised to be sent forth by the 22d of August at the furthest; and the officers were appointed and assigned to the command of them. A fleet of barks and other vessels, an additional force as seamen and mariners and ammunition and provisions were provided ; works for defense were ordered to be constructed, and soldiers advanced to Shawomet to build a fort upon it.' Ed. 167. ''Mass. Rec, iii, 39, 40, 42. Hutchinson's Papers, i, 167. •Hutchinson, i, 161. 'Mass. Rec, iii, 29. June 18, 1645. "Hutchinson, i, 153-153. 'Hutchinson, i, 154. "Hutchinson, i. 167. 'Acts Commissioners United Colonies, i, 32, 33. ^Hutchinson, i, 161. •Acts Com. United Cols., i, 54. 'Hutchinson, i, 154, 162. •Hutchinson, i, 162. 'Hutchinson, i, 155, 164. 'Acts Com. United Cols., i, 34-36, Z7^ 39- Mass. Rec, ii, 72 ; iii, 40, 41. Fuller's Hist. 64 LIFE AND TIMES OF SAMUEL GORTON. The letter conveyed by the messengers to the Court of the United Commissioners, from Williams, informed them that a treaty of neu- trality was entered into between the Narragansetts and the government of the Providence Plantations.' CHAPTER VIII. The August 9, 1645, Assembly of the Government of the Providence Planta- tions at Newport — Letter from the Assembly to Massachusetts — Their desire for civil government to preserve their lives and liberties caused them to pro- cure a charter — The Earl of Warwick recognizes and approves the organization of the government under the charter — Those in the government dare not yield themselves delinquent to answer at Massachusetts court — The government to employ messengers to prosecute the cause of the Providence Plantations before the government of England — Massachusetts claims to possess a prior charter for the Narragansett territory — Gorton chosen by the Assembly their Commis- sioner to England — Troops march against the Indians and Whites of the Prov- idence Plantations — Gorton, about August 16, 1645, departs on his mission — Plymouth's forces opposite Providence — Army delayed while messengers are again sent to treat with the Narragansetts — The Narragansetts send for Wil- liams and Wickes to council with them — The conditions of peace with Massa- chusetts signed — The official notice, August zj , 1645, of the alleged patent for the Narragansett lands sent by Massachusetts to the Providence government. Early in August and during the sessions of the Court of United Com- missioners at Boston an Assembly of the government of the Providence Plantations was held at Newport. During the latter's sessions Brown visited the island, urging the claims of Plymouth and forbidding the government tQ proceed. Here he remained some time, Gorton says, visiting the people of Newport at their houses, forbidding them to yield obedience to the charter.' Brown met Gorton here, who was an officer of the chartered government, and, Winslow says, still held the office of local Magistrate on the island.'" The Massachusetts Court also again served an order on the members of this Assembly, forbidding them to exercise any government, either in Pawtuxet or Providence, which, Winthrop says, they, from fear, did not disregard entirely. Their deliberations regarding it and why they would not yield to it are given in a letter written by Williams, subscribed to by the Secretary, on August 9th, 1645, and addressed to the Massachusetts Court. The letter, after acknowledging the receipt of the Massachusetts letter, prays for "honorable attention" to the following: "A civil government we honor and desire to live in for all those good ends, which are attainable thereby, both of public and private nature. This desire caused us humbly to sue for a charter from our mother State and government; but as we belive your consciences are persuaded to govern our souls, as well as our bodies, and, yourselves will say, we have caxisc to endeavor to preserve our souls and liberties, which your consciences must necessarily deprive us of, and either cause greater distractions and molestations to yourselves and us at home, or cause our further removal and miseries, we cannot but wonder, that being now found in a posture of government from the same authority, unto which you and we equally subject, you should desire us to forbear the exercise of such a government, without an express from that authority directed to us. Warwick, 25. Hazard's Collec, ii. 27-51. 'Hutchinson, i. 146, 154. •R. I. Collec, ii, 167, 168. 2d Winthrop, ii, 270, 308. Force's iv Tr.. 6, p. q8. "Winslow, 83. Arnold, i, 160. Gorton, Staples' Ed. *The 6th month PROVIDENCE AND RHODE ISLAND PLANTATIONS. 65 "And we the rather zvonder because our charter as it was first granted and first established, so it was also expressly signiHed unto you all in a letter from divers Lords and Commons, at the sending out of our charter, out of a loving respect both to yourselves and us. " Besides, you may please to be informed that His Excellency, the Lord Admiral, hath lately divers times been pleased to own us under the notion of Providence Plantations, and that he hath signified unto us (as we can show you in writing) the desire of Plymouth to infringe • our charter, but his own favorite resolution not only to maintain our charter to his uttermost power, but also to gratify us with any favors, etc. In all of which respects we see not how we may dare to yield ourselves delinquents and liable to answer in your court, nay, as your writing seems to import, why we cast not away such noble favors and grace unto us. It is true that divers amongst us express their desire of composing this controversy between yourselves and us, but consider- ing that we have not only received a challenge from yourselves, but also from Mr. Fenwick and also from Plymouth and also from some in the name of the Lord Marquis Hamilton (all of which claims we never heard until the arrival of our charter), we judge it necessary to employ our messengers and agents unto the head and fountain of all these streams and there humbly to prostrate ourselves and cause for a final sentence and determination — and this we are immediately preparing to do without any secret reservations or delays, not doubting but yourselves will feel satisfied with this our course. And in the interim, although you have not been pleased to admit us unto considerations of what concerns the whole country, as you have others of our countrymen, yet we cannot but humbly profess our readiness to attend to all such friendly and neighborly courses, and ever rest you assured in all ser- vices of love. " Henry Walton, Secretary. " The Colony of Providence Plantations, Assembled at Newport, 9th, 6th ]\Io., 1645.* " To the Right Woshpls and their much Houn'd Friends and Contry- men. The General Court of the Massachusetts Colonic assembled at Boston." This letter from this Assembly was sent to Winthrop by Williams. He " never," he says, " received the least reply."^ Gorton, Holden and Greene were employed by the Assembly as the messengers and agents to the home government to present the cause of the Providence government and the people for a determination. The reasons for the war were published by the United Colonies on August nth at Boston; and word was sent by the Massachusetts officers to the officers of the Providence Plantations, who were probably yet in Assembly, that if they should stand as neutrals and not go out in the work with them they would make plunder of them. The first company of Plymouth troops left Plymouth on August 15th.' The officers in command were commissioned " sole judges of the necessity of the expedition," to " have power to use and execute " fine, corporal punishment and capital punishment, and to seize both Indian and White suspects, which latter were the adherents to the chartered government, the leaders of the liberal or majority party of the Providence Plantations, and to bring them to Boston.* was August, old style. The Secretary's name was first printed Watson, but in the original document it is plainly Walton. Mass. Arch., ii, 6. Proc. Mass. Hist. Soc, June, 1862. "Remarks on the Narragansett Patent" published by Sidney S. Rider, Providence. Williams, 4th Mass. Collec, vii, 627. •Ply. Rec, ii, 90. *Acts Com. United Cols., i, 37-40. 'Gorton's 66 LIFE AND TIMES OF SAMUEL GORTON. Gorton departed immediately without doubt following this and the close of the Assembly sessions. The condition was insufferable. The pass had been reached where it was impossible to proceed further in carrying on the government without further aid from the mother coun- try, or for the people longer without such aid to recover or maintain their possessions, to save their lives, or at least to save themselves from being taken as heretics or suspects for discipline and punishment to Boston. Gorton went to England only as a last resort in the extrem- ity of necessity, as the recent Assembly's letter to the Massachusetts Court expressed, " to preserve the souls and liberties " of the people in this emergency. The two other Agents and Commissioners of the char- tered government, Holden and Greene, went with him. They, too, as in Williams' case, were not allowed to enter the Massachusetts Colony to take ship from Boston, and so were forced, like him, to travel for this purpose to New York, that is, Manhattan.^ After their departure, the Plymouth forces under Capt. Standish rendezvoused at Seekonk, upon the river opposite Providence. While here encamped with his troops before the Massachusetts forces came, Standish, observing that some of Providence received the Narragansetts into their houses familiarly, he demanded of them to lay aside their neutrality and declare which side they were on. Gorton, in his plea to the English government, stated as dispatched to him, that Standish summoned the Providence Plantations to renounce the neutrality and declare themselves to be either on his side or enemies.' The Massachusetts army was delayed by considerations of the magni- tude and expense of such a war, her accountability to the English government, the protests of the Providence Plantations and many of the Massachusetts people.' This resulted in having, on August i8th, another committee, consisting of Capt. Harding and Mr. Wilbour, with Benedict Arnold again as interpreter (all of them paid subjects of Massachusetts, although not residents there), appointed to visit the Narragansetts to treat with them.' The Narragansetts this time refused to council with the committee unless they dispensed with the services of Benedict Arnold, accusing him as before of being their enemy and of misrepresenting them.* Arnold also, fearing, refused to go without an armed guard of a hundred men. The Narragansetts sent for Williams and Wickes, the latter one of those formerly chosen by the Narragansetts their Commissioners to make known their submission deed and grievances to England, to come and council with them. The Narragansetts, having honorably abided by their agreernent atid refrained from making their threatened avenging war,'° until every vantage ground was acquired by the United Colonies, and considering that as the allied armies of these colonies and the Mohegans had or were about to invade Providence and Warwick to seize both Indian and white suspects, the impending war if continued would, as intended by those who waged it, destroy the refugee settlements and sacrifice the lives of many of these white people; as a matter of prudence, as well as from faith in the Royal protection and eventual righting of "what wrong is or may be done," after the matter was laid before Parliament by the colonies' messengers, Williams counseled the Narra- departure was about Aup. i6, i64t;. He wrote his "Incorruptible Key " after he in 1644 returned to and before his departure from the island; published in London and printed on its title, " Penned in Rhode Island." ^*2w"" ^ Defense, q?, Winslow's Defense, 85. 'Mass. Rec, iii, -(O. t .^''j Rec. ii, 122-125. Acts Com. United Cols.. 1, 41, 42- '•'^cts Com. United CoR, i, 42, 43. R. I. Collec, ii, 265. 3d Mass. Collec, i, 8. '".^.nte pac^ina. PROVIDENCE AND RHODE ISLAND PLANTATIONS. 67 gansetts to accept, at a present sacrifice, the hard terms of peace that the United Colonies offered them. The Narragansetts, aUhough now a strong nation, moved by their love for these men and confiding in the belief that the English govern- ment would right the wrong and enforce the redress which was the condition of their submission and cession, when this should be fully presented to it, accepted the advice of their councillors and consented to what was a disastrous agreement, making of their nation a tributary people. The treaty, which bound them to unjust and almost impossible obligations and conditions of peace, required four of the Indian chil- dren, which were delivered to the Magistrates as hostages for their fidelity, was concluded at Boston the 27th day of August, 1645/ The letter following, giving some of the particulars of the present settling of these difficulties, was on November 20th sent to Gorton's destination in England : " We are all in health at this present and cheerful [the great want is your company], though men generally more invective than ever. The Bay had provided an army to go against the Narragansetts had they not been prevented in the very interim thus : Capt. Harding informed the court of the difficulty of the enterprise, upon which the court employed him and Mr. Wilbour to go to the Narragansetts and take Benedict Arnold to interpret. When they came to Benedict, he refused to go without a hundred men in arms, only to possess them with danger to effect his bloody plot; upon which Mr. Williams being sent for to Narragansett, and also myself, to inquire of us what the minds of these mad people were to kill men for nothing, I went to Providence athinking to go with Master Williams ; but when I came there he was gone with the Captain and Mr. Wilbour upon Benedict's refusal. I staid their return, and their agreement was to have Pessicus go into the Bay, and Master Williams was necessitated to put himself hostess until his return. The news coming into the Bay did so vex the ministers that Mr. Cotton preached upon it, that it being so wicked an act to take Master Williams with them, being one cast out of the church. It was all one as to take counsel of a witch, and that those who did it were worthy to die; upon which Mr. Wilbour was ready to die for fear he would be hanged. So then the Indians went down and they compelled them to cease war with Uncas and to pay them five hundred pounds for charges of court and provisions for soldiers, and to leave four of their Chiefs' children till the money be paid, and to leave four of their chief men till the children came; and to promise them not to sell any land without their consent. This being done, they came home again and sent a man to tell me what was done, telling me that if the Lord in England help them not they are like to suffer at present; but still they say they are not afraid of them, but only give them their demands rather than to war before the Lord hear of it, that all may see they mean no hurt to English, but will submit to the laws of Eng- land; concluding it is but lent, it will come home with advantage both to their wisdom and profit. Pessicus hath been often with me to desire me to inform you of these things. With great desire to see you again, your ever loving friend J. W., Nov. 20, 1645.'" The Narragansetts, now prevented from protecting Williams and his friends of the Providence Plantations against Massachusetts, as they were disposed to do upon occasion, the Massachusetts Court, before the close of the day on which the treaty was signed and they obtained 'Acts. United Corns., i, 44, 49. Drake's Book of the Trdians. 'R. I. Collec, ii, 170-172. *"Then Chief -officer of the Colony," Williams, 68 LIFE AND TIMES OF SAMUEL GORTON. the hostages, on August 27th, 1645, sent to Williams as the Chief- officer' of the new government an official notice of their possession of what they called a patent for the lands of the Narragansetts, " wherein Providence and the island of Aquidneck are included."* The paper they called a patent bore the date of December loth, 1643, which was more than three months prior to the date of the charter obtained by Williams; nearly one and three-quarter years before the present official assertion and brandishment of it as a charter over the Providence Plantations." CHAPTER IX. The mortgages and deeds secured by the Athertons, Arnolds and other Massa- chusetts subjects for Narragansett, Shawomet and Providence lands — Provi- dence Plantations people subscribe to their chartered government — It grants them lands — The Massachusetts court meets October i, 1645, and grants Shaw- amet lands to their subjects — Brown, a Plymouth subject, forbids the Massachu- setts subjects to settle on it — Captain Cook sent to England to aid other agents there defend Massachusetts' actions — Vassal's religious toleration movement extends to Massachusetts — Gorton's departure from Manhattan — He, in Janu- ary, 1645-6, reaches England — His complaint to the Parliament Commissioners. The Narragansetts were not long able to endure the imposed penalty and forfeits, and Major Atherton of Massachusetts and other astute Commissioners of the United Colonies, who had organized for the purchase of Indians lands, '" assisted them," and received therefore a mortgage and deed of the great tract designated " the Atherton pur- chase."^ Those charged with the government of the Providence Plantations did not, however, " yield themselves delinquent to Massachusetts." Williams replied to the Massachusetts Court, to Winthrop, he says, in words " he believed weighty and righteous ; "' and they continued to hold their Assemblies and granted to the landless inhabitants many of the unoccupied acres, the people almost unanimously subscribing to and " agreeing to yield obedience to the authority established in the colony according to the charter."' The Massachusets Court met on the first of October. During its sessions the Shawomet lands were again applied for by its subjects and ten thousand acres of it granted to twenty families who, under Benedict Arnold, attempted to possess themselves of the property.* During this October William Arnold placed on record in Boston a deed for the Shawomet lands, from the sub-Sachem Socononico to "William Arnold, Robert Cole and William Carpenter, who all had subjected themselves to l^.Tassachusetts; it bearing the date of January 30th, 1641, antedating the original deed of January 12th, 1642, for Shawomet which Gorton obtained from the Chief Sachem Miantinomi. During the same year Benedict Arnold placed on record in Boston a deed for the Shawomet lands as far as the Pawtuxet river extended, from the subjected sub-Sachem to himself, a subject of Massachusetts. It was dated 1644. Also in same vear William Arnold procured and placed on record in Boston a deed for the Meshanticut land, which was the southern 4th Mass. Collec. vii, 627. *R. I. Rec. i, 1.13- 'R- J- ^ec., i, T33. R. I. Collec. iii. 161. *R. I. Rec, ii. 128. 'Wilhams letter. *R. I. Collec, v, 60. Staples' Annals of Prov., 60, Jan. 19, 1645-6. Early Rec, Prov. R. I. H. Tr., 14. p. 36 note. »Mass. Rec, 11, PROVIDENCE AND RHODE ISLAND PLANTATIONS. 69 portion of Providence, from the subjected sub-Sachcm to himself. All these deeds were secretly obtained and secretly taken with the sub-Sachems to Boston and there recorded. They were never recorded in Providence. The purpose of the Arnolds being to throw the Colonies' lands under the jurisdiction of Massachusetts, when these deeds to them .would be effective." Brown of Plymouth, who had remained long upon the island visiting the people and had been convinced of the justice of Gorton's cause while tarrying there, proceeded thence to Shawomet, where the Massa- chusetts subjects had gone to view for settlement, and forbade them in the name of Plymouth, declaring that the land belonged to Gorton. This being reported to the court, it sent a messenger to Plymouth to inquire if they approved this.^ This court ordered that Richard Salton- stall and Capt. Cook should be joined with Mr. Pocock (a man of eminent ability and influence with the English government, who had lately been engaged by Massachusetts with the other Commissioners in England for Massachusetts) in negotiating for them before the Right Honorable the Earl of Warwick and the rest of the Commissioners of Plantations, etc., or before the high court of Parliament, if occasion required, concerning the two late grants or charters for the govern- ment or jurisdiction of lands adjoining to Narragansett Bay.^ If it were the younger Saltonstall, he did not leave for some time after.' Sr. Richard Saltonstall, who was in England and had in 1632 ably defended Governor Endicott of Massachusetts before the King's Council, was of but little present service to Massachusetts, he having experienced changed convictions regarding the justice of what he had defended and might be called upon to defend. From England he wrote : " To Mr. Cotton and Mr. Wilson, preachers to the church which is at Boston in New England: It doth not a little grieve my spirit to hear what sad things are reported daily of your tyranny and persecution in New England."* Capt. Cook, who had victoriously led the troops in the early assault upon the settlers of Providence and Shawomet, had, in one of the later invasions of Providence and Shawomet under his command, been himself, with some of his company, captured, but probably now had been released. He soon made his departure. A petition, the petitioners led by William Vassall of Scituate, Ply- mouth, for the government to allow and maintain full and free tolera- tion of religion to all men who would preserve the civil peace and submit unto government, wliich had been signed by a large share of the people of Plymouth and had fruitlessly been presented to the govern- ment there, was, through the added efforts of Dr. Robert Childs at Boston, signed by many of the most influential and presented to the Deputies or Representatives of the people in the government of Massa- chusetts without any better success. It will be remembered that upon an earlier movement and introduction of a resolution regarding it the Plymouth Governor, Prence, would not allow a vote." After the failure of the Massachusetts Deputies to effect anything for the petition- ers, the petition was presented to the Massachusetts court and then to the home government, entreating that His Majesty clear the govern- ment of the colonies of the distinction between church and civil state and the transactions of those that govern.' 128, 129; iii, 49. Arnold's Hist., i, 191. '"The Lands of R. Island, Preliminary note and pp. 60-112, 160, 218, 219, 220, etc. Suffolk Records, Boston Book, i, Doc. 6,1. '2d Winthrop, ii, 30S. 'Mass. Rec, iii, 48. •Mass. Rec, iii, 171, Oct. 18, 1649. ' ^Hutchinson's Papers, ii, 127. Loyalists of America, by Egerton Ryerson, D.D., LL.D., i, 117-122. *Ante pagina. *2d Winthrop, ii, 319, 347. Hutchinson's Papers, i. 70 LIFE AND TIMES OF SAMUEL GORTON. Peters and Weld, who were upon Williams' outstripping them for a charter ordered by the Massachusetts Court to return and give a particular account of their work at home, however, remained there, and other writings about the cause of the colony of Massachusetts were sent to them. Gorton had to wait some time at Manhattan for transportation, and then he could secure passage only to Holland, where he again lay await- ing passage into England. When upon arriving, the Massachusetts agenis who had so long preceded him had their story widely promul- gated and had secured the placing of themselves and such chief men of England as were their friends upon the committees to which the business was referred; an obstacle to the forwarding of the business or to any just hearing that could be removed only by much work and almost the wearing out of the weaker party with expense and long waiting.' The King, with his tired troops, was a fugitive among the mountains of Scotland ; and, although he held Oxford, a tree was oftener the canopy of State under which he held council. Gorton's intimacy with his excellent and potent friend, the Earl of Warwick, President of the Board of Parliament Commissioners, and his access to the records of the Board's proceedings, were quick assur- ances to him that no patent for the Narragansett country had been granted to Massachusetts. What they had reported as one was but the draft of one which was without [the Massachusetts agents, Weld and Peters, having failed to secure them] the majority of the signatures of the Parliament Commissioners. The Massachusetts agents being de- feated in the strife for a patent by Williams, had sent their incompleted, unpassed, unregistered, worthless paper to Massachusetts as an evi- dence of their, although defeated, yet earnest endeavors.* Yet, undis- mayed and still trying to throw off the blame put upon them by Massa- chusetts, they were now diligently laboring to have the patent to Williams recalled and their embryo-patent perfected. In Gorton's first work there, he says, he met " both ministers and Magistrates and others," of Massachusetts, " pleading their cause that the said charter might be authentic, which would have happened if Warwick men had not opposed it."" Weld and Peters were able and serviceable men to Massachusetts and formidable opponents to Gorton and the Providence Plantations. Weld was one of the Synod who found and " confuted " the eighty-two " Wheelright errors," and was the editor of Rise, Reign and Ruin, a volume of preposterous stories, believed to have been compiled by Win- throp, of the horrible freaks of the dissenters he styled " antinomians,"'' a book widely distributed and read and believed by many in New Eng- land and England, prejudicing them against dissenters such as Williams, Hutchinson and the rest of the Providence Plantation people.* Peters, too, was an assiduous and successful laborer for Massachu- setts and a man of great influence with Cromwell. He took an active p.irt in the transactions of the Commonwealth and became Cromwell's favorite Chaplain and Counsellor. He possessed a spirit of unconquer- able energy and perseverance, was fervid and impressive in his elo- quence, popular as an orator, and of great courage. He preached before the court that tried the King Charles the First, urging his condemnation, and after the sentence (according to the fashion in England) before the 205, 222. Mass. Rec, iii, 90, Nov. 4, 1646. 'R. I. Collec. ii. 228. •.•\nte and post p., Proc. Mass. Hist. Soc, 1862, Aspinwall's Remarks on the Narragansett patent. "R. I. Rec, ii. 80. ""First published in 1644 with Weld's "Preface" and "Some Additions." 2d Winlhrop, i, 284, 20,1. 310, 314; ii, 30, 92, 164, 260. Ellis' Annie Hutchinson, 301. 'Arnold's PROVIDENCE AND RHODE ISLAND PLANTATIONS. 71 execution preached the funeral sermon to the King, a terrible denun- ciation/ This glimpse at the formidable character of the men and measures of Massachusetts reveals but faintly a few of the obstacles against which it was Gorton's heroic task to contend. The Complaint or Memorial of the Providence Plantations to the Parliament Commissioners was set forth in a paper written by Gorton dated January i6th, 1645-6, prepared doubtless during his voyage. It told of the wrongs inflicted upon the people of these plantations, their removal from their houses and lawfully purchased possessions, the trials for error in their religious opinions, the usurpations by the Colonies of power not granted in their charters, and their tyrannical use of it upon them, and their banishment, not only from the territory granted to them in their charter, but from all the land purchased by themselves of Miantinomi beyond their limits, of Massachusetts and Plymouth claims and their jointly violating and obstructing the charter granted to Williams, and the commands of Massachusetts and of Ply- mouth that they refrain from exercising any authority of the govern- ment they had organized under the charter and in which themselves were officers. It recounted the wrong done to the Narragansett nation, and set forth their act of submission and cession to the English govern- ment of all their dominion ; the proceedings of Massachusetts and Plymouth against the Narragansetts to take the country they had ceded to England, and which fell within the compass of the charter granted to Williams, by destroying them with the sword. It also stated that word had been sent to Providence that if they should stand as neutrals in the war and not go out with them in the work they would make plunder of them. CHAPTER X. The King's flight, April 2T, 1646, from Oxford — Gorton publishes his complaint and the Narragansett Indians' submission and cession — The falsity of Massa- chusetts' claim of a patent for Narragansett exposed by the President of the Parliament Commission in open session — Parliament Commissioners' mandate to Massachusetts confirming their grant to Williams and commanding observ- ance and obedience — The wisdom and moderation of Gorton's petition com- mended — The Massachusetts English agent, Peters, sends for the Governor of Massachusetts to come over and assist in overturning what Gorton had accom- plished — Coddington renders Massachusetts and Peters great assistance — Coddington's letter to Winthrop— He denies the freedom of the island to his opponents — Representatives of mainland and inland tovvns had joined the government of the Williams charter — Coddington still with his briefless court ; derides liberty of conscience ; sends records and papers to Massachusetts for their English agents' use against the chartered government — Winslow sent by Massachusetts to England to assist Peters and others and to reply to Gorton — Mather terms Winslow an Hercules — His pre-eminent abilities — His other equipments — Favorable conditions for Massachusetts — A printing press at Cn.m- bridge, Mass. — A plethoria of Massachusetts books and writings — Winslow has a day appointed for an audience before the Parliament Commissioners. The absence of the King, his flight from Oxford on the 26th of April, 1646,' preventing communication with him, Gorton published the Act of the Narragansetts and the principal matter of his complaint in a Hist. R. I., i, 62-65. Palfrey's Hist. N. E., i, 405, 496 notes. '3^ Mass. Collec, ix, 286. Barry's Mass., i, 207. Ryerson's Loyalists of America, i, 85, 125. Echard's Hist. Eng., 3d London Ed., Book i, 778, Charles First, Book iii, 656. "Disrael's Life of Charles First, ii, 391-443. 'Force's tract 6, Vol. iv. •^2 LIFE AND TIMES OF SAMUEL GORTON. volume entitled " Simplicity's Defense Against Seven Headed Policy," from London, August 3d, 1646.* Gorton's petition contained no plea for redress for losses nor for injuries done him or anyone, but that the Massachusetts Magistrates be restrained from exercising authority beyond their chartered jurisdic- tion, and that the rights of the natives and the natural and chartered rights of the people of the Providence Plantations be regarded, and they be restored to their lands and houses under them.' At a full meeting of the Parliament Commissioners of Plantations, to whom Gorton's memorial was addressed, the Lord High Admiral, the Earl of Warwick, informed Gorton in open board that he knew of no other charter for these parts than that Mr. Williams had obtained, and he was sure that charter Massachusetts pretended had never passed the table." There was no registry of any such paper, and an examination of it disclosed that its date, December loth, 1643, was a Sunday when Gorton was languishing in Massachusetts in irons. It had not the names to it of a majority of the Parliament Commissioners, which was necessary for it to pass, if they were genuine signatures.' A mandate was drawn up by the Parliament Commissioners to the government of Massachusetts which silenced its profession to any other late charter than that to Williams, affirming this grant and to its pro- visions commanding the Massachusetts Magistrates' obedience. A copy of the complaint and petition was enclosed with the mandate of the Commissioners, dated May 15th, 1646, to Massachusetts, viz.: "To suffer the petitioners and all others, late inhabitants of Narragansett Bay, freely and quietly to live and plant upon Shawomet and all other lands included in the patent lately granted to them without extending your jurisdiction to any part therein, or otherwise disquieting their consciences or civil peace, or interrupting them in their possession, until we have received your answer to their claims in point of title and you shall have received our further orders therein. The Parliament Commissioners also commended the wisdom and moderation of the petitioners. They say : " You may take notice that we found the petitioners' aim and desire in the result of it was not so much a reparation for what had passed as a setting their habitation for the future under that government by a charter of civil incorporation, zihich was heretofore granted them by ourselves. The Narragansett Bay was divers years inhabited by those of Providence, Portsmouth and Newport who are interested in the complaint, and that the same is wholly without the bounds of the Masachusetts patent." And they required the trespassers to remove any persons who had taken posses- sion of Shawomet lands by their authority, and permit the petitioners to pass through their territory without molestation to their own homes. This was signed by the Lord High Admiral, the Earl of Warwick, the President of the Board of Parliament Commissioners, and by a majority of the other members." Capt. Cook was not allowed to return to New England. He joined Cromwell's army, and in 1652 met his death m the campaign in Ireland. Randall Holden, who went to England with Gorton, was made the bearer of the mandate of the Parliament Commissioners to Massachu- R I Collec, ii, 59, 60, 2-?4, 2■^s. 'Lord's and Commons' letter in R. I. Collec. ii, 195. Letter from Warwick, 228. ""Never passed the Council table nor repistered." R. L Rec. ii, 161. 162. R. L Collec, 111, 161, 162. *2d Mass. Collec, vii, 104. Col. Aspinwall, Mass. Hist. Soc Proc, 1862. Narra- Ransett Patent, Sidney S. Rider, Prov., " No such thinf? upon record in any court in Enj?: had searched the records." Brenton. "Theirs there, but not ours. Hutchinson, Mass. Arch., ii, 26. *R. L Rec, i, 365-369. R- I- Collec, 195, -228. 'Among the signers was Mr. Fenwick, the grantee, in an PROVIDENCE AND RHODE ISLAND PLANTATIONS.. 73 setts and the glad news to the Providence Plantations. He arrived at Boston on September 13th, 1646. He brought with him also a pass- port of same date from the Lord High Admiral and nine other of the Commissioners, directed to the government and Magistrates of Massa- chusetts, in it repeating their order and further requiring that Samuel Gorton and his company might land at any port in New England and " pass without any of your let or molestations through any part of the continent of America within your jurisdiction to the said tract of land. Hereof you may not fail and this shall be your warrant." Gorton remained in England upon the further business requiring him. A report of the complaint and petition made by Gorton had been received in Masachusetts long before the official copy enclosed with the mandate was received, and other papers about the case were sent by the Massachusetts Court to Peters and Wild, their agents in Eng- land ; but in November the Massachusetts Court received word from Peters that the writings which were sent over last were not sufficient, and for the Governor to come over and assist them ;'" but it was feared that if the Governor went he would be detained there, and so it was resolved to send another and also to send new writings to strengthen their position. Coddington, as he says, " to further that end," engaged in serving them with material for amplifying their writings against Gorton and the Providence Plantations, craftily preparing for Massachusetts " The Sum of the Presentment," as he called it, against Gorton, and secretly entertaining at his home upon the island Massachusetts emissaries whom he despatched in the morning early. He writes to Governor Winthrop on November nth the following: " I thought meet to inform you that your son, Mr. John and all his departed from our island on the 3d day in the morning early; the wind not being good to clear them further than Block Island, but on the 4th day in the morning it was very good, so that I doubt not they are all safely arrived before the storm began; by whom I received your letter of the 21st of October. For Gorton and his company they are to me as they ever have been, their freedom of the island is denied and zvas zvhcn I accepted the place I nozv have. The Commissioners have joined them in the same charter, though we maintain the government as before. To further that end you zvrote of, I sent to Mr. Cotton to be delivered to Mr. Elliot, that requested it, zvhat uas entered upon the records, under the Secretary's hand; zvhich I do think you may do zvell to make use of, because I hear it sinks most zvith the Earl, zvhere they have liberty of conscience. Mr. Peters' writes in that you sent your son p'secute ;* and so in haste not doubting as occasion serves, to approve myself yours ever, William Coddington."' These passages from letters to Governor Winthrop exhibit the rela- tion of Coddington to the Colony of Providence Plantations. He is the instrument employed by Massachusetts to defeat the union of the towns, by which alone they could hope to secure independence of her. He is employed by her agent to procure from the public records such extracts as might be made to appear objectionable to the honorable old patent for which a claim had been made. Ante p. "::d Winthrop. ii, 92, 260, 332, 334. 'Thos. Peters of Sayhrook. who was younger brother of Hugh Peters of Salem, one of the foreitrn acrents of Mass., went to En.e. in 1646 and returned no more. Trumbull's Hist. Conn., i, 292, 299, Savage's Diet. 4th Mass. Collec, vii, 428 note. And neither Hugh Peters nor Thomas Weld ever returned to New England. Coddington who soon joined them all there, writes of Hugh Peters : " I was merry with him and called him the Arch- bishop of Canterbury." ' Purposely to execute. ' Mass. 74 LIFE AND TIMES OF SAMUEL GORTON. Board of Commissioners for foreign plantations; and how super- serviceable he desires to be in this capacity he shows by insiduously calling particular attention to the act relating to liberty of conscience as likely to sink most with the Earl of Warwick, the President of the Board.* The Massachusetts Court, upon receipt of the mandate and the call for help from Peters, addressed themselves unto Mr. Winslow to take another voyage for England, that he might thus procure their deliver- ance from the designs of many troublesome adversaries that were petitioning unto Parliament against them; and this Hercules, having been from his very early days accustomed unto the crushing of that kind of serpents, generously undertook another agency. He sailed from Boston the middle of December, 1646." Winslow was selected as the one pre-eminently qualified for the most important mission. He was accounted " the most able and earnest " advocate in the colonies. "A fit man,'' Winthrop said, " to be employed in our affairs in England, both in regard to his abilities of presence, speech, courage and understanding, as also being well known to the Commissioners.'" With portions of the Island's public records, and " The Sum of the Presentment against Gorton " supplied by Codding- ton,' the " Book of News " by Winthrop," the writings of other Magis- trates and ministers, an address from the Massachusetts Court charg- ing almost everything against the heretics to justify the Magistrates' pro- ceedings against them, and various captured papers copied " not verbatum only, but literatum,'"* he was the best all-round equipped and reinforced advocate that an opponent, " almost without friends," ever met and stood up against alone.*" Then, too, " the times had greatly changed " since the granting of the charter to Williams ; now " the Puritans being in power in England, Mr. Winslow had great advantage in the business from the credit and esteem which he enjoyed with that party.'" During the twenty years of Parliament and Commonwealth reign, 1640 to 1660, Massachusetts was the favorite of Cromwell. They enjoyed the favor that no other colony enjoyed or received, the commo- doties of all nations free of duty.' They had other advantages over the neighboring colonies. They had the exclusive control of the only Arch. *Dr. H. E. Turner, ist R. I. H. Tr., No. 4- 'Cotton Mather's Magnalia, Book ii, ch. i. 2d Winthrop, ii, 346, 359, 365, 387. Mass. Rec, ii, 161, 165. Gov. Haynes of Conn, went over probably as a colleague to Winslow in the same vessel with him, and remained as much as a year and a half in Eng. Palfrey's Hist. N. E., ii. 176 note. « 2d Winthrop, ii, 346. 'See Appendix. 'R. I. Collec, ii, 197, 198, 200. 4th Mass. Collec, vi, 181, 182. Ante p. The book of News contained a pretended copy of a letter of Williams to Winthrop, accusing Gorton of ''bewitching" the people with his new and radical opinions, which probably originated at this time with Codding- ton's Presentment. It bears date Mar. 8, 1646, supposedly just before, but really aftor Gorton's departure for England. Gorton had been chosen and dispatched by Williams and all of his friends to sustain his charter. They were intense friends and coadjutors, and this pretended copy of Williams' letter for the Mass. magis- trates' use against them and in England manifestly was an invention. No such letter in v.-riting was ever found, and Winthrop seems to have nreserved all of tb?r". A printed coppv of the printed nretended letter is among the Narragansett Club's edition of William.s' preserved letters. Dr. Janes' " A Forgotten Founder of Our Liberties." p. ?5 note. 'R. T. Collec, ii, 105, 198, 200, ?n2. Winslow's Hyp. Unmasked. Part First. Force's iv, Tr. 6. p. s.^ 'The Gov. Winthrop, Mr. Tyng, Capt. Keayne and the Auditor General were appointed a Committee to see to the transcription of all such instruments for furnishing Mr. Winslow for affairs in Eng., to be delivered to him before he go on board, Mass. Rec, ii, 171. Mr. Tyng was one of those who with Capt. Cook were arrested when upon one of the after-marches upon Providence and Warwick. 4th Mass. Collec, vi, 380; vii. 284. 'Winslow's Memorial Intd.. p. 52.^ *Ryerscn's Loyalists of America, t, Rq-gg, tt2, 178. Palfrey's Hist. N. F.., ii, bk. 2. ch. X, p. 393. *Ryerson's loy. of Amer., i, 183. Hildreth's PROVIDENCE AND RHODE ISLAND PLANTATIONS. 75 printing press (that at Cambridge) in America for nearly twenty years, with licenses prohibiting the publication of any book or paper not approved by them.' For want of a sufficient population it was not until 1709 that a printing press could be maintained in Providence or on the island.* There was, as a consequence of these conditions, a plethora of only Massachusetts books and writings, many being printed and sent over to England. Winthrop says that upon Winslow's arrival there he had a day appointed for audience before the Earl of Warwick and^ the Commis- sioners of Plantations, Gorton appearing in Rhode Island's (the Provi- dence Plantations) defense." Although Winslow was, as Mather _ says, an "Hercules," and he also had "great advantages in the busmess' through his assistant Massachusetts agents and counsellors and official friends, Gorton unaided and almost alone, had the "herculean talk." Added to the Massachusetts array of influence and talent against him was the ingenious opposition that came from Coddington and the other opponents of the charter, the Arnolds. In but few instances did man ever defend a cause so successfully against such an avalanche of assailants and assaults, his assailants having such unfair advantage of him.' The virulent book " Rise, Reign and Ruin of the Antmomians was now extensively circulated and read in England. It cited instances of alleged monstrous births among the Providence people as proofs of their moral monstrosities and their disfavor with the Almighty and intimated charges of witchcraft against them.' Cotton's book^ ^^^^J^ Tenets Washed" was also published at this time in London; and the " Book of News " with the address of the Massachusetts Court and the other before described writings to justify the proceedings against Gorton, together with the other material furnished by Coddington, had been printed and distributed, and were included by Winslow in his defense. CHAPTER XI. The hearing before the Parliament Commissioners— Winslow's and Gorton's re- quests—The Parliament Commissioners refuse all of Winslow s requests and erant all of Gorton's— Winslow proceeds to have the Providence charter called in_Winslow again defeated— The Providence charter to stand— Massachu- setts commanded to not remove the people, but to assist and protect tliem— Gorton and Winslow correspondence— No further opposition from Winslow— Gorton leaves England for home. Under these unauspicious prospects for Gorton the hearing before the Commissioners of Parliament was called on May 25th 1647. Win- slow without evidence for the territorial claims made by Plymouth and Massachusetts, was constrained to principally rely for his siiccess upon the common weapon against heretics; the calumny furnished him against the Providence agent and people; and Gortons election as a Mao-istrate was mentioned by him as a catastrophe and evidence o. the danger threatening the colonies from such men as he. Wins ow s address was arranged in three parts. The first was Winthrop s News, adroitly edited and improved, and the Massachusetts Courts charges, urging the injurious results that would follow m respect to the Massa- chusetts attempts to convert the Indians, if Gorton and company should United States, i. 456. . ^ ^Greene's Hist R I.. 1.9. .,/^^iS'l'-'":' it 387. 'Ryerson's Loy. Amer.. 1, 97. 138- • uiot RlnfiW^ "98 notes. 'Rider's Hist. Tr 17, PP- i4. iS- Armitage s Hist. BapUsts, yd LIFE AND TIMES OF SAMUEL GORTON. be " countenanced and upheld," and the other writings all " examined and allowed by the general court holden at Boston." The second part was a further account of Gorton, falsely accusing him of blasphemy and of encouraging the Indians to war. The third part was " The Cause of the Planting of New England" reviewed, with efforts to show that great danger threatened the colony from " such as Gorton and his company," that the practice of Massachusetts was not to punish for heresy, but for contempt " toward the authority God had betrusted " to them ; that the " severe law " complained of they " never did or will execute the rigor of," but were " loth to repeal or alter the law because we would leave it " to " bear witness against their judgment and prac- tice."' Winslow's defense was soon after republished with a full table of contents under the titles of " The Danger of Tolerating Levelers " and "A More Particular Account Including the Former One." By these and various other methods the heretics were made to appear odius to many and deserving of all or more than the most charged or that could be done to them. Winslow, in his address to the committee, made five requests: First, that they would " strengthen the cause of Massachusetts by their favor- able approbation." Second, that they would never suffer Samuel Gorton any more to go to New England. Third, that they would suffer New Plymouth to enjoy their former liberties in the line of their government, which included their the Providence government's " very seat even," Providence and Shawomet. Fourth, that they would " patronize " him in the "just defense" which he was making and thus place his constituents under obligations to " engage with and for the Parliament and the Commoners against all opposers of the State (England) to the last drop of blood in their veins."'" Not all of Gorton's address to the committee on this occasion is preserved, but Winslow's requests Gorton probably offset with the same requests as applied for himself and Providence, among them that the English government would " never suffer Winslow any more to go to New England." The result of the trial was the refusal by the Parlia- ment Commissioners to Winslow of every one of his requests and the granting of those of Gorton ;' and the issuance by them of a second letter to Massachusetts, admonishing them to confine their jurisdiction to within the limits of their sole patent. They say : " We did not intend by our former letter to restrain the bounds of your jurisdiction to a narrower compass than is held forth in your letters patent. Our resolution took rise from an admittance that the Narragansett Bay, the thing in question, was wholly without the bounds of your patent, the examination whereof will, in the next place, come before us, and whereas our said direction extended not only to yourselves, but also to all the other governments and planta- tions in New England whom it might concern, we declare that we intended thereby no prejudice to any of their just rights, nor the countenancing of any practice to violate them."' Winthrop says: "The Commissioners having thus declared them- selves to have an honorable regard of us and care to promote the welfare of the four United Colonies and other English plantations to the eastward, for they had confirmed Mr. Rigby's patent of Ligonia, and by their favorable interpretation of it had brought it to the seaside, 6^6. 'Young's Chronicles. "Pref. Hyp. Unmasked. 'Winslow was " never suffered any more to go to new England," but was given a position in the Eng. army. Mather's Magnalia, Book ii, ch. i. Gorton soon returned to his government with a letter from the Lord Admirable, cominanding the non-molestation of himself and people. 'May 25, 1647. ist Winthrop, PROVIDENCE AND RHODE ISLAND PLANTATIONS. ^^ whereas the words of the grant laid it twenty miles short [they were but twenty-four miles short of Shawomet] and had put Mr. Ferdinand Georges out of all as far as Soco, our agent proceeded to have the charter, which they had lately granted to those of Rhode Island and Providence, to be called in.'" To this object the efforts of Winslow and his assistants were applied, to be again defeated, the Commissioners deciding that the charter they had granted to Williams should stand. Massachusetts " was prohibited " from acting under the Weld paper and enjoined to confine their jurisdiction to the territory defined in their charter. The Massachusetts Magistrates never placed the Weld paper upon their government records, for it would have been too difficult to explain if they were called upon so to do by the English government or their Commissioners. It was not again during sixteen years men- tioned. Its promoters wisely let it sink into oblivion.* The Parliament Board decided that Commissioners upon the ground should examine and determine to which charter all the disputed territory belonged. And they issued, July 22d, 1647, another order to Massachusetts that "the government wherein whose jurisdiction they (the inhabitants) shall appear to be, not only not to remove them, but to encourage them with protection and assistance." These orders were all signed by a majority of the Parliament Commissioners and by those who were claimed as signers of the Weld paper. Gorton received from the Parliament Commissioners, single-handed against numbers of the most able and influential, all he asked for and all he could wish, except a " visible force " to compel the Massachusetts Magistrates to obey Parliament's mandates. The internal difficulties in England having a paramount claim upon the thoughts and resources of Parliament, the governments of the colonies were necessarily for the time neglected; yet, as a result of Gorton's work, the government of the Providence Plantations under their charter was so confirmed and determined that a fusion of all the parties on main land and island ensued, resulting in an agreement by them to the order established by the charter. Peace, however, was deferred, principally by the intrigues of Coddington and the impunity with which Massachusetts pursued her own way during the reign of Cromwell. " The final issue of Gorton's address to the Parliament Commission- ers," Arnold says, " not only prevented the Parliament from revoking their first decision, but also to have it confirmed, to the final discom- fiture of their implacable enemies."* Gorton says: "Mr. Winslow and myself had honorable correspond- ence in England and before the honorable committee, which he himself referred to, and not to wrong the chart I saw nothing to the contrary but that I had as good acceptation in the eyes of that committee as he himself had, although he had a greater charter and larger commission." Winslow and Gorton were early friends, dating from before the diffi- culties between the Providence Plantations and Massachusetts. Though as agent for Massachusetts to defend them against Gorton's complaints Winslow was obliged to make their defense against his judgment and with great reluctance, with such representations as they directed, some of them he would not have made of his own motion; and of Gorton, \Vinslow in his discretion is compelled to say that " time was when his person was precious in my sight." There must have been something spiritual about him to have drawn from him such an expression of ii, 319. 320. '2d Winthrop, ii, 386, 390, 39T. *R. T. Rec. ii, 162. Col. Aspinwall, Mass. H. Soc. Proc, 1862. Remarks on Narrapansett Patent, Sidney S. Rider, Prov. "Arnold's Hist. R. I., i, 219. 78 LIFE AND TIMES OF SAMUEL GORTON. affectionate regard. Winslow seems to have felt it necessary to excuse himself for saying the hard things he did say of him." Gorton, with the assurance of no further opposition from Winslow, in the spring of 1647-8 left for home with directions from the President of the Board of Parliament Commissioners of Plantations and with a letter commanding his protection in passing through Massachusetts. He and Winslow parted friends.' Winslow resigned his agency for Massachusetts and accepted an English commission from that govern- ment, and died at sea on the expedition against Hispanoli." There were many critical periods in the early history of the State. This was the first, and none could be more critical. Her chartered rights had been by her more powerful and influential rival denied, her terri- tory taken by armed possession and another government set up over it. It has been suggested that the claims Gorton presented were so just that success could not otherwise than attended his efforts. The justice of a cause does not insure it. The spirit of justice did not govern rulers generally, and the wonder is that he, against such multi- tude and variety of special and influential opposition, prevailed and pre- vented the Providence charter from being called in, the pretended Weld charter from being completed, the refugees from being delivered for punishment as requested, and the land from being divided up among the other colonies. The founding of the State is due to Roger Williams. Its preservation is due to Samuel Gorton. CHAPTER XII. A union Assembly, May, 16.17 — The Model Civil Government under English laws as first drawn up by Gorton and Hutchinson at Portsmouth on the island now agreed to by all the parties — All men privileged to " walk as their consciences persuaded them, in the name of Jehova their God" — Two governments— The Model Civil Government and the Judge and Elders Government contrasted^ Coggershall made second President, or Governor, of the chartered govern- ment Coddington, for third time left out of office, goes to Boston — War- wickers attempt to resettle at Warwick — Massachusetts sends Benedict Arnold and other of their officers to disperse them, and grants their lands to others — President Coggershall visits Warwick and interposes for his people. Of the owners of Shawomet now living at Portsmouth, Judge Bray- ton says : " They were all law and order men and for civil govern- ment. They all held allegiance to the crown of England and claimed to be governed by the laws of the Kingdom. They all held that the civil power could not rightfully meddle with the consciences of men or with their religious belief. They claimed that the laws of England were theirs and that English liberty was theirs; that they came from the mother country to Aese shores clothed with them; that it was their birthright, and thev had an abiding confidence that the government at home would in the end vindicate those rights." Besides these men, most of the inhabitants of Portsmouth were the same minded. They were the subscribers to the civil compact and were the members of •Judge Brayton, R. I. Hist. Tr. 17- Arnold's Hist. R. T., i. 168. Hutchinson's Hist. Mass., i, 552. Gorton's letter to Morton, Force's Tracts, Vol. iv. ^Aspinwall, Proc. Mass. His. Soc, 1862. 'Acts Corns. U. Cols., i. 192- 194. Hutchinson's Hist. Mass., i, 187. It is a singi:lar fact thrxt nearly all of the agents sent by the Mass. government to plead their cause to the F.ng. govern- ment, Thos. and Hugh Peters, Thos. Weld, Cant. Cook, Edward Winslow and others, were never allowed to return. 'Arnold's Hist. R. I., i, 122. PROVIDENCE AND RHODE ISLAND PLANTATIONS. 79 that government, but were not of the government that Coddington now pretended over them. All these and the large majority of the whole of the people of the Providence Plantations had been anxiously await- ing to know what would be the final issue of Gorton's mission, trusting that the charter would be sustained and their rights and liberties pro- tected by law. The intelligence that the pretentious Weld paper was not a charter and that the Parliament Commissioners were zealous to uphold the charter granted to Williams were both " tidings of great joy to these people," and the means of so generally terminating the internal opposition as to bring about the union of those who had been Coddington's leading supporters with the chartered government.' A General Assembly at Portsmouth, May i8th, 1847, had, upon the suggestion of the Providence Commissioners, the call of the govern- ment to them all, a full representation from all the towns." The Commissioners representing Providence in the government, and the only body of Commissioners the names of which are preserved were Gregory Dexter, William Wickenden, Thomas Olney, Robert Williams, Richard Waterman, Roger Williams, William Field, John Greene, John Smith, and John Lippitt. There were two kinds of Commissioners from the island. The two sets, each chosen by the inhabitants of their own town, and the one set chosen by Coddington's limited number of freemen for both towns, the whole island. After much sparring, the Portsmouth Commissioners obtained a rule under which they proceeded to " act alone according to the Assembly's instructions," declaring themselves to be " as free as any other town in the colony." The Newport Com- missioners, however composed, were, that is 'those who were successful as such and were seated, most of them Coddington's friends. Shawomet had but about six settlers when the charter was written, but, as the reader has seen, provisions were made in the charter for all both present and furture settlements within its stated bounds. Gorton having named it Warwick, in honor of his friend the Earl of Warwick, it was represented with the other towns. Portsmouth, to insure the stability of their independence of Coddington, proposed an act that each town govern its own affairs, but the friends of the latter prevailed with an amendment that they "might work either apart or jointly,"' which left the matter in its unsettled condition, disappointing the people's expectations and heightening the feeling of unrest and dissat- isfaction. The Providence Commissioners' desires were expressed in resolutions, among them that all subscribe to the laws of England as had their Portsmouth friends, and the acceptance of the model of government that had been shown to them by their worthy friends of the island. The following propositions of the Portsmouth Commission- ers were adopted: That the plantations assent to receive and be gov- erned by the laws of England — not the church compact of Coddington; that " each town should have apart for the transaction of particular affairs a charter of civil incorporation ; " and that the model of govern- ment and laws which they submitted be accepted by the whole repre- sentation for the colonies.^ Peterson, in his history of Rhode Island, says that when the Codding- ton faction joined the charter government of the Providence Plantations "the town of Providence instructed their Commissioners to hold a correspondence with the whole colony ' in the model that hath been lately shown unto us by our worthy friends of the island,' and it appears that the plan of the government was framed by the people of the island and shown to those of Providence, who agreed to adopt them; and "R. I. Rec, i. 'R. I. Rec, i, 191. -"R. I. Rec, i, 43, 44. 147 8o LIFE AND TIMES OF SAMUEL GORTON. thus from the legislation of the people of the island the free institu- tions emanated." But he does not credit to the proper islanders the principles which he says " operated like leaven in diffusing itself through the minds of the masses and formed the nucleus out of which ultimately sprang the Declaration of Independence." The government agreed to was not that of Coddington's, but that of Hutchinson-Gorton's on the island." The government agreed to by all present provided for a President and Chief Justice and four Assistants or Associate Justices, for a Court of Election annually in May, and for General and Quarterly Courts; for a Grand Jury, that men have their preemptory and other challenges to the full as they have them in England ; and for a Jury of Twelve men of the same town where the Court of Trial is held. The general code of laws, which concerned all men, was first approved by the towns [as the States adopted the Constitution and still adopt amendments] and was ratified by the General Assembly of the whole people. All legislative power was placed ultimately in the whole people in General Assembly convened. Towns might propose laws [as States amends to the Constitution] and the approval of a General Court of Commissioners might give them a temporary force; but it was only the action of the General Asembly (the General Government) which could make them general and permanent for all persons within the colony. But the towns had their local laws [as the States have theirs], which could not be enforced beyond their own limits ; and they had their town courts [as the States have State courts], >vhich had exclusive original jurisdiction over all causes between its own citizens.* The code contained rules, among them one severely condemning a judge for stooping to the roll of the advocate, directing that the judge in charging the jury " should mind the inquest of the most material passages and arguments that are brought by one and other for the case and against it, without alteration or leaning to one party or another, which is too commonly seen." And recorded that " as it would be too prejudical to the place or quiet government thereof for a man out of a discontented self-will, or other pretense, not to resign, together with his office belonging to the colony, island or town, to him that is chosen and appointed thereto. Be it therefore enacted by the authority of the present Assembly that whosoever hath or shall hereafter have books, papers or parchments that belong to the colony, island or town, or any other things appertaining thereto, shall within one month after another be chosen and appointed to take the charge thereof, deliver up safely into his hands all such books, papers, parchments and other things that were in his custody. And be it further enacted that he that shall not resign and deliver the books, papers, parchments and other things above specified within one month as he is appointed shall forfeit " as provided. It was enacted that a solemn profession before a judge should be accounted of as full force as an oath. At the close of the code appears these words : " These are the laws that concern all men, and these are the penalties for the transgression thereof, which by common consent are ratified and adopted throughout the whole colony; and otherwise than thus what is herein forbidden, all men mav v/alk as their consciences persuade them, every one in the name of God; and let the saints of the Most High walk in the 'This government was the first one in these Plantations to have a judiciary or magistracy governing in only civil things. All its features were adopted, except- ing that of the chief officer. This may have been the result of Coddmgton s friends' pledge to vote only for him for Gov. or Judge. ^Historical Discourse, by Hon. Job Durfee. R. I. Rec. i, 191-208. 'R. I. Rec, Dr. PROVIDENCE AND RHODE ISLAND PLANTATIONS. 8i colony without molestation, in the name of Jehovah their God, forever and amen.'" The form and character of this government was the exact antipode of Coddington's. The members of Coddington's court were selected by a very limited franchise. The members of his court were, up to nearly this time, no more enlightened with the belief in the rights of others to rule or to enjoy their opinions than were their Massachusetts brethren. They, like them, had removed not because they disavowed the doctrine of coercion, but because they did not like themselves to be the subjects of its application. All those who went off to Newport and installed Coddington to judge with double voice took the Bible as their code of State. Only through the stern experience that came to them after they became Baptists or Quakers did they receive into their minds the sunlight from the despised doctrine. " They possessed not that clear appreciation of the great democratic principles of civil and religious liberty "" that was possessed by their despised brethren. In Gorton and Williams Church and State were distinct, but in Coddington they were at this time confounded.' This Assembly has been called the Union Assembly, for in this all the principal ones of Newport and Coddington's followers joined the chartered government; the most prominent of them, his late Elder Coggershall, given the office of President or Governor and each of most of his other leaders given place. While this effected the recon- ciliation of the leading ones of Coddington to the government, it was a disappointment to Coddington, who was in this for the third time left out of office. He departed for Boston. The penalty prescribed by Massachusetts to the ov/ners of Shawomet to, at the peril of their lives, venture upon any portion of it was, not- withstanding Parliament's orders, unrevoked; but relying upon the observance of the orders, some of them, now " in anticipation of the joys long hoped for, peace in their possessions," returned to their home. " Having now received our orders," August 8th, 1647, they chose a town council, but they were not allowed to settle down in the place. There were forty years more of hardships and struggles for them before they were left in peace. Massachusetts now assumed to dispose of the land at Warwick to her subjects, and granted ten thousand acres to settle upon, provided government over it and sent Benedict Arnold and other of their officers to apprehend the bodies of the owners, to appraise damages against them and demand satisfaction.* Upon this Governor Coggershall went to Warwick, and in the name of his govern- ment forbade the Massachusetts subjects to intermeddle; whereupon the Massachusetts Court resolved to again send forces against them, but deferred it until more should be learned from their foreign agents, they yet failing to observe that they had no right outside the territory limited to them in their patent ^ We have in previous pages answered the absurd accusation that Gorton or the people of Warwick would not have a government until by a charter. He was the leading organizer, and more than one-half of those who became the original owners or settlers of Warwick were members of the moflel civil government now adopted by the charter government, and for their active promotion of it and participation in it were denied the island. The Providence settlers composed their difficulties by arbitration, and Janes' Samuel Gorton, p. 60. ''John M. Mackie, 2d Ser. Soarks* Am. Biog.,^ V, 333. 'Armitago's Hist. Baptists, 672. Eighteen years after this Coddington was con\-crtcd and became a Friend and Liberalist. *5th Mass. Collec. % 347. '2d Winthrop, ii, 386, 390. "Staples' 82 LIFE AND TIMES OF SAMUEL GORTON. were for eight years without a judiciary." The first six men of War- wick had scarcely need of even their provision for " loving arbitration " for the setthng of their difficulties ; for but nine months were allowed them there; busy months in building three or four little houses before they were with the six of Providence carried off to Boston jail;' and from that time on, after they formed a government, or for more than thirty years thereafter, Warwick was but the camp and fort for soldiers and the pillage ground of the subjected Indians. The few " habitations were destroyed by fire and otherwise," and the few once its inhabitants were scattered and had no place for a government, scarcely even a roofed dwelling. CHAPTER XIII. Gorton's return from England — He is detained by the Massachusetts government in Boston until after his government election is over — Coddington declared elected to the head of the Providence government — Providence government Assembly denounce the fraud, suspend Coddington, and choose and install Capt. Jerry Clark President of the Providence government — Coddington indicted for treason and his flight from the colony — Coddington offers himself and lands to the league of colonies — They refuse him — He offers himself and lands to Plymouth — Providence and Gorton party successfully oppose him — Codding- ton's letter to Winthrop accounting his disgrace. A year had passed since the last Assembly and the Commissioners of Portsmouth and Newport had not composed their difficulties. Codding- ton and his remaining adherents were trying yet to enforce the edicts of this court over the whole island, and left nothing unturned to destroy the government which had been established under the Charter.' The citi- zens of Portsmouth had again in town meeting expressed their independ- ence of the Newport men's rule over them, and ordered the clerk to re- announce their resolution to act in the approaching General Assembly separately. The feeling between them and Coddington's adherents, Annals. 'GammeH's Life of Williams. 2d Sparks* Am. Biog, iv, 133. *We omitted to state that half of the men captured by the Mass. troops had not seen Shawomet, but were residents of Providence ; were either taken by the troops at Providence as they passed through it, or at Shawomet after having fled there before the advancing soldiers. Cotton said: "This company was made up of those friends of Mr. Williams." They were members of Williams' church, of other churches and of no churches, whom Gorton never disturbed in their relirion, but to whom, as to others, he preached the fundamental truths of the Christian religion when they chose to listen ; which was crime sufficient, so then considered. " Gorton, desiring to speak his mind, fully set it forth as the mind of himself and his company, whereof those of Mr. Williams, his friends were no small part," Cotter. Nar. Club, ii, 16, 17. To Williams' addresses to Cotton, the declared inefficiency of such means, the branding of such methods, and cer<:nre of them — "There hath been no small noise of Master Gorton and hi friends being disciplined, or as the Papists call it, disciplined in the school ot the New Eng. churches. It is worth the inquiry to ask what conviction and con- version hath all these hostilities, caotivatings, courtines, imprisonments, chain- ings, banishments, etc., wrought," and "when such tjurichteoiis and most un- christian proceedings are exercised against them." Cotton defends proceedings by nccnsinrr Gorton, not only of heresy, but uniustlv of wrongfully taking the Indian lands. Nar. Club, iv, 226, 228. Gorton did not accept the mission to the Eng. government on, as his decriers stated, his sole account, as we have seen from the resolutions of the Aug. 9, 1645, Assembly sessions; and Winslow, in describing his Parliamentary services, writes : " Gorton also appearing in defense of Rhode Island, Providence Plantations," and his petition contained no pica for redress for losses nor for injuries done him or anyone, but that the Mass. magi.-- trates be restrained from exercising authority beyond their chartered jurisdictio:i, and that the rights of the natives and the natural and chartered rights of the PROVIDENCE AND RHODE ISLAND PLANTATIONS. 83 which had been continually growing, now became so severe as to threaten the existence of the colony/ Gorton was upon his return voyage to the colonies relieved from his former long route via Manhattan by the order of the Parliament Com- missioners to the Massachusetts Court that " we do also require that you suffer the said Gorton and company to pass through any part of that territory which is under your jurisdiction, toward the said tract of land, without molestation, they demeaning themselves civilly, any former sentence of expulsion or otherwise notwithstanding."* His safety was also further provided by the Earls of Northumberland and Warwick, by a passport or letter from them directed to the Massa- chusetts Magistrates, especially commanding their obedience to the issued orders. Under these circumstances he had taken passage direct for Boston, where he arrived on May loth, 1648. This was in season for him to be in Providence at the opening of the nearing Assembly to testify in impending suits against Coddington and take part in the election. When he landed in Boston the Massachusetts Court was in session. The success achieved by Gorton in his mission made him the most popular and likely candidate for the Presidency of the char- tered government. This, together with the evidences which he possessed of Coddington's treason papers and colonies records, the latter sent to the aid of the Massachusetts agents in England, which, if laid before the Assembly, would render Coddington's chances of election certainly fatal, impelled the Massachusetts Magistrates promptly, in defiance of the order to them from the Parliament Commissioners and in collusion with Coddington who was with them in Boston, to cause Gorton's arrest and detention. The General Assembly of the Providence Plantations met on May i6th, 1648, the regular sessions at Providence. They at once appointed Rufus Barton, of Warwick, and Capt. Jeremy Clark, of Newport, as delegates to proceed with their protest to the Massachusetts Court agamst its high-handed proceedings. The Massachusetts Court, which was apprised of the Assembly's movements, avoided a hearing of the delegates and further delayed the matter by adjourning before the delegates* arrival.' The delegates, hearing when they reached Dedham that the court had adjourned, wrote to Winthrop in terms becomingly severe yet deferential, asking leave to wait upon him with the request which they had in charge. The Assembly resolved itself, as was the customary procedure, into a Court of Election and the election of State officers followed. It appears certain that either Capt. Clark or Gorton were the candidates for President of the government party. Coddington was put in nomi- nation by the opposing party, with the result that the latter was, although not present to meet the charges and evidences of disloyalty that were lodged with the court against him, and was not present during any of the Assembly's sessions, declared elected. Jeremy Clark, Roger Williams, William Baulston and John Smith were chosen Assistants. people of the Providence Plantations be regarded." The Parliament Commission- ers also commended the wisdom and moderation of his plea. They say "You may take notice that we found the petitioners' aim and desire in the result of It was not so much a reparation for what had passed as a settling their habita- tions tor the future under that government by a charter of civif incorporation, which was heretofore granted them by ourselves. The Narragansett Bay was divers years inhabited by those of Providence. Portsmouth and Newport, who ai« ^^ >f '" *"^ complaint, and that the same is wholly without the bounds of the Mass. patent. Lord's and Commons' Reeds. Collects., previously cited. « J w- i."'^*-.^- ^•' '' 2^' Po'"^^- Town Rec. *R. I. Collec, ii, 196. 2d Winthrop, 1, 293. 'The oath of office was not taken of or given by 84 LIFE AND TIMES OF SAMUEL GORTON. Immediately upon the announcement of the result of the election, upon divers bills of complaint against Coddington and Baulston, their mem- bership of the body was suspended. They never appeared to defend themselves or attempt the impossible task of clearing themselves of the charges against them, and were never engaged nor installed in office.* Capt. Jeremy Clark of Newport, who was a leader of the liberal party upon the island, was deputed President, and he, with the other officers chosen and engaged, was engaged and installed in the office of President to serve until another one be installed ; but as none other was installed during that term, he only was the President for that term' and the third President or Governor of the Providence Plantations under the charter [Williams and Coggershall having been the first and second], or the second President since the principal Coddington followers joined them. It was evident that Coddington was not chosen or " elected " to be President, for the immediate poll of these same men showed their majority adverse to him and suspending him. The result of very similar conditions in the future reasonably assures us that they intended the office for Gorton at this election. In preventing Coddington's installa- tion and preserving the government from the perversion for which he was conspiring, they accomplished much, considering the crooked meth- ods in operation against them. John Clark was a member of this Assembly, an opponent of Coddington, never having since 1640 accepted an office under him. The Massachusetts Court on the 13th of the month reconsidered what they had done, took up the letter from the Earls which Gorton had presented to them, and believing " that it could be no prejudice to our liberty, and our Commissioners being still attending the Parliament, it might much have disadvantaged our cause and his expedition if the Earl had heard that we should have denied him so small a request " as to obey his or the other Parliament Commissioners' instructions, " re- called their former order," permitted Gorton's release by only the cast- ing vote of the Governor — so late that one from Boston could not reach Providence during the Assembly's sessions and election — and gave him the farcical grant of " a week's liberty to provide for his departure." Portsmouth secured from the May Assembly the passage of its orig- inal act regarding the courts, that they be organized and held in each town separately ; the courts of each town to be composed of six men of the town. These local judges were also the Commissioners or Representatives of their towns, and together constituted the General Assembly. From them each town chose an Assistant, who with the President composed the General Court and Senate. The island was freed of any plausible claims of Coddington's. The first bill of indict- ment, or " Presentation of the Grand Jury," that was drawn up in the colony was against Coddington and was presented at this session." Nine days after this, on May 25th, he writes to Governor Winthrop of Massachusetts that Capt. Partridge and Baulston and himself were in disgrace with the people of Providence and Warwick and Gorton's adherents on the island, and that he fears " Gorton will be a thorn in their and our sides.'" And Williams a few weeks afterwards writes that the colony was in the throes of " civil dissensions," the President Jeremy Clark as the Captain of the Providence and Gorton party in defense of the chartered government, and Alexander Partridge as them; they were never invested with authority, and were not until 1654 restored as members of the f^overnment. 'Callender, R. I. H. S. Collec, iv, 268. Foster, R. I. H. S. Collec, vii. 87. R. T. Reeds 'Ante p. R. L Rec., i. 194, 196, 198, 202, 203, 210. 'Hutchinson's Papers, i, 253. PROVIDENCE AND RHODE ISLAND PLANTATIONS. 85 Captain of the Pawtuxet and Coddington party arrayed against them." In what appears to have been a short conflict, in which but one was killed but many wounded, Partridge's forces were defeated; and Cod- dington, after again writing to Massachusetts for help, was obliged to flee from the vengeance of the people and take refuge in Taunton.* On August 15th William Arnold wrote to the Massachusetts govern- ment informing them that Pomham, one of many Massachusetts subjects who were still maintained by Massachusetts upon the land at Warwick, killing the cattle, entering the homes by force and committing other acts of violence upon such of the owners as ventured there," had been warned to the court at Plymouth and appealed to Massachusetts to have the case tried by them, as the interpreters to the Plymouth Court were all of the Gorton party, and as Mr. Brown, one to try the^case, favored the company of Gorton and was very friendly with him. "Also being desirous to acquaint your worships of my fear that if there be not a speedier course taken the court will be deprived of jurisdiction in these parts by those who claim that it is under the Providence patent.'" He complained also of the trespass of such as returned to Warwick or to what he claimed were the Pawtuxans' lands, and on August 2ist, Massachusetts, in response to this and in defiance of the Parliament orders to let these people freely live " without extending their jurisdiction or otherwise disquieting them," again sent their offi- cers to Warwick to assess damages and demand redress. In the September following, Coddington applied, he said, " in behalf of our island," to the Commissioners of the United Colonies to be received into a perpetual league with them. The masses of the people of the island had not authorized him to petition for them. His was like Arnold's early petition " in behalf of Providence ; " it represented less than a dozen individuals besides himself.* The application was refused by the United Commissioners out of respect to the mandates of the Parliament Commissioners. The result of Gorton's efforts now saved Coddington and the island subjection to Massachusetts."* Codding- ton then personally presented himself at the court of Plymouth to subject himself and" the island to them. Here he was met by represen- tatives of the loyal party, Holden and Warner, both from Warwick,, who declaimed against Plymouth receiving him or accepting any pre- tended subjection of the island. "They showed," Williams says, "to the satisfaction of the court that it would be a violation of their charter,"* and Plymouth refused him. Coddington in his petition to Plymouth said that Portsmouth inclined to it, when it was only Baulston of Portsmouth, who represented only himself, that inclined to it. A majority of the inhabitants of Portsmouth were among those whom Coddington termed " Gorton's adherents on the island." Some of the exiles from Shawomet to Portsmouth ever remained there. Half of the Portsmouth Representatives to the last Assembly were in 1639 signers and members with Gorton to the civil compact and model gov- ernment. Neither Coddington's nor Baulston's course were approved by a respectable fraction of the inhabitants of either town or the island. At this time the opposition of Codington and his supporters and his course with the other colonies brought the government so near to the verge of its existence that an arbitration of the difficulties was proposed "3d Mass. Collec, ix. 278, 279, 280. 4th Mass. Collec, vii, 284. " Greenes of Warwick." '4th Mass. Collec, vii, 284. ^Fuller's Hist. War- wick. Holden and Greene's Petition, 1678. 'sth Mass. Collec, i, 360. Wm. Arnold's letter, Aug. 15, 1648. *Hutchinson's Papers, i, 255. •Hutchinson's Papers, i, 256. "Williams' letter, 3d Mass. Collec, ix, S6 LIFE AND TIMES OF SAMUEL GORTON. by both the Massachusetts Court and Williams.' In a letter regarding this, Williams says he was bold to suggest arbitration, to which Provi- dence and Mr. Easton, though opposed to it, yielded, a reference for settlement to John Winthrop, Jr., and some other friends.' Arnold, in his history of Rhode Island, says that " had they submitted " a settle- ment of the difficulties to arbitration as proposed, " the charter would have been virtually annulled by the act of its holders; the schemes of the surrounding colonists to appropriate the rest of the State might have proved successful. The Providence Plantations would soon have been absorbed by Massachusetts and Connecticut." Happily, the War- wick delegatets interposed and prevented it. But the Ship of State had yet greater tempests to encounter. Cod- dington, encouraged and aided by Massachusetts, and intending by every means, if possible, to rule, had in the month before the Assembly and election provided that " financial resources for his occasions " should in June be at his call at Boston; and on September 13th, 1648, he wrote to Winthrop : " Yours conveyed by Mr. Baulston to Taunton received. I shall suddenly leave the island for England by the next, if God will, and shall be glad and ready to serve you there." On Jan- uary 29th a vessel sailed on which he took passage.' A special General Assembly was called after Coddington's departure, and was held at W^arwick in March, the beginning of the new year 1649, the records of which are missing, but we learn that the President, Capt. Jeremy Clark, was yet upon field duty and not present at the opening of the sessions. Williams was solicitated to be present as moderator, but he did not attend; yet an act of oblivion was passed which he had recommended.*" The charters for the towns provided for in a previous act, were issued, or re-issued, at this session.' The many orders from Parliament upon the Massachusetts Magis- trates to repeal the proscriptive acts against Gorton and others were unheeded. Randall Holden, having business in Boston which required his presence there, petitioned the Massachusetts Court that the sentence of banishment against him might be revoked in order that he might personally attend to it. He was informed that an attorney could attend to the business as well as himself." CHAPTER XIV. The Assembly and election of May, 1649 — John Smith chosen President; Clark, Gorton, Sanford and Olney Assistants ; Williams Auditor — Deferred suits against Coddington — Nicholas Easton President — The government in com- plete order — Renewed aggressions and attempted subversion of the char- tered government with a view to the absorption of the Providence Plantations by the other colonies — Massachusetts annexes Warwick and Pawtuxet to their territory — Winslow resigns from the service of Massachusetts — Armed inva- sion of the Providence Plantations— Gorton chosen President of the Providence povernment — Coddington pretends to an English commission to _ govern^ Williams sent by the Providence government to England — The secession of the island — Coddington assumes its government — The passage of Gorton's Anti- Slavery Act the first in America — Arnold-Pawtuxet claimants pose as Prov- idence, Pawtuxet and Warwick Commissioners to assist Coddington — Their rump assemblies. 271. *Mass. Rpc, iii, 202. "Williams' lr>tter. 3d Mass. Collec, ix, 27T. *3d Mass. Collec. ir, 270-28.3. '".^d Mass. Collec. ix, 282, 283. Tt was not as the editorial note in the printed Colony Records asserts, that WilHims was chosen because Coddintjton had pone to England. The conditions had not by Coddington doing to England been chanced. Cod- dington was not a member of the eo\-ernment, had been expelled. None other than Jeremy Clark had been installed President, and, as he was on military duty, Williams was sob'cited to act in his place as Moderator of the Assembly's ses- sions. 'R. I. Rec, i, 214. Arnold's Hist. R. I., i, 226. 'Mass. PROVIDENCE AND RHODE ISLAND PLANTATIONS. 87 On May 22d, 1649, the General Assembly and Court of Election was held at Warwick; Williams acted as moderator. John Smith, of War- wick, was chosen President. Thomas Olney of Providence, John Sand- ford of Portsmouth, John Clark of Newport, and Samuel Gorton of Warwick were chosen Assistants and were engaged. Smith and Gorton declined, and for this, as the law was, were fined, but they served and their fines were remitted. This election was a complete, though brief, triumph for the liberal or government party. Warrants were issued by the President of the colony and served by the Constable of Provi- dence on the Arnolds to appear at the General Court for trial.' The suits pending against Coddington were, on account of his absence in England, deferred to a later session. There was unobstructed workmg order in 'the government for a season; the people happily and profitably employed, required little legislation. A massive stone garrison house that had been planned by President Smith was erected by him at War- wick, both as a fortress and his residence.* The government, Wilhams says, was in complete order. The encroachments of the adjommg colonies were and had been for some time met by an effectual resist- ance, and judgments had been obtained in the courts and executions enforced by a number of the injured Providence and Warwick people against Arnold and other Pawtuxet pretended Massachusetts subjects.' °0n May 22d, 1650, the General Assembly and Court of Election was held at Newport. Nicholas Easton was elected President. William Fields of Providence, John Porter of Portsmouth, John Clark of New- port, and John Wickes of Warwick were chosen Assistants and all were engaged. The Assembly received peremptory orders from the Bay not to prosecute any suits against the men of Pawtuxet who had refused to pay taxes, accompanied by threats of intervention.' The short but a year, of peace was expelled. Supplies of powder and magazines and of arms proportioned to the population of the place were ordered established in every town of the Providence Plantations;' and a special convention of delegates from all the towns was called by the President to consider the invasion of their territory.' Renewed life was at this time given to the agressive movements of Plymouth and Massachusetts and to the dissensions which had been maintained by the Pawtuxans and by Coddington, by rumors of the latter's designs on the colony and the changes encouraging to them, which had taken place in England. When Coddington arrived there the King was beheaded, the Puritans were in power, the House of Lords and the Parliament Commissioners who had granted the charter to Williams and the petition to Gorton had been abolished by Cromwell ; the Com- monv;ealth declared, and the supreme power vested in a State Council; many things favoring Plymouth, Massachusetts and Coddington. and a reputed scheme of the latter to make himself life Governor of the island. Plymouth and Massachusetts, encouraged by these prospects, renewed their disputed claims to Warwick and Providence before the Commissioners of the United Colonies. Massachusetts passed an act to annex Warwick and Pawtuxet to Suffolk, one of their own counties, and again sent officers to bring the people there to Boston for trial.' On September 5th the United Commissioners met at Hartford. A letter to them from Winslow was read, requesting them to ^engage another agent in his place and declining their further service." The Rec, ii, 275. 'EptIv Rec. Prov.. xv. 27. *Hist. Warwick, 26a. •Wm. Arnold's letter, R. I. Collec. ii, 207. 212. "May. 20, 1650. *May 23, 1650, R. I. Rec. i, 223. 'Prov. Town Rec, June 27. 1650. •Mass. Rec, iii, 201. R. I. Hist. Tract, 17. p. 120. Early Reeds, of Prov. >*Acts Commis. United Colonies, i, 162, 163. Winslow writes: "I shall be more wary hereafter how I engaged in business of that nature." ist Winthrop, u. 88 LIFE AND TIMES OF SAMUEL GORTON. Commissioners ordered twenty well-armed men sent into the Narra- gansett country/ and a company of twenty others from Massachusetts soon^ followed.' A letter was received by the Commissioners from President Easton, protesting in the name of the government of the Providence Plantations against the war they were waging, and declar- ing his government and Warwick, where Gorton lived, to be bound mutually to support one another.^ At the following October sessions of the Providence Plantations it was, on account of the difficulties and dangers threatening them, ordered to raise £200 to send Williams to England. The Pawtuxet claimants now, 1650, entered upon the Suffolk records at Boston what they called a combination agreement to a line described between Providence and their claimed purchase. No signatures are upon it, nor any certification of authority nor of adoption. It had never been agreed to by the town council or people of Providence, and never was entered upon the records of Providence. A paper purporting to be a copy, bearing the date of July 27, 1640, and thirty-six names, all written on it by a town clerk twenty-two years after, and marked " copied 1662" by him and found among ancient papers, has been printed in the Providence Early Records.* Coddington, on March 6th, 1650, applied to the English Council of State for the government of " two small islands called Aquetnet, alias Rhode Island, and Quinunagate," which his petition stated he had a right to by discovery and purchase of the Indians and had quietly enjoyed ever since." He stated to the council, and showed to them by Winslow's assertion, that they were not within the patent for Providence Plantations. Winslow had so stated in his petition and prayed that they be declared in Plymouth's. An auspicious account of these proceed- ings reached Coddington's friends in April, and President Easton, who had for four years now been a member and loyal defender of the chartered government, abandoned it. The Providence Plantations were not repre- sented in the case of Coddington before the English Council, and nothing having been produced by Winslow showing that the desire of Codding- ton should not be granted, a resolution to grant him the commission was by their vote, April 3d, T651, adopted. We do not find records of the annual May Assembly and Election, but it appears from other data that it was at the regular time held, and that Roger Williams acted in the place of the President as moderator of its sessions; for a letter was at this time directed by the Massachu- setts Court to him, again forbidding the collection of taxes from Arnold, Cole, Carpenter and others of the Pawtuxet party, Massachu- setts' pretended subjects." Samuel Gorton was chosen President. We do not find who were chosen Assistants. The records of the sessions were destroyed by the Coddington faction, and we have only such infor- mation regarding it as is obtained from other sources. The names of the President and Commissioners or Representatives appear in records following.' That the people should now choose Gorton to lead them through the present complex and future threatening difficulties, and that he should accept a so arduous and hazardous and unpropitious an undertaking, is an expression of the deep-grounded faith of the people in his faithfulness, zeal and steadfastness, and a monument to the undaunted courage of their indubitable champion. 272, 280, ,?i8-32o. Hazard's, ii, 17S. Hutchinson's Collec, 229. 'Acts Corns. U. Cols., 5, 168. 'Mass. Rec, iii, 218. "Acts Corns. U. Cols., i. 170. *"The Lands of Rhode Island," by Sidney S. Rider, Providence, 91-95, etc. "Intp. Entry Book, Vol. xcii, p. 64. •Mass. Rec, iii, 228. *R. I. Rec, i, 235. 'Journal of the Council PROVIDENCE AND RHODE ISLAND PLANTATIONS. 89 The following copy of the Council's resolution was, with a letter from Winslow, received by Massachusetts about the first of August: " Whereas, by a late Act of Parliament of October last, it is granted to the Council of State to have power and authority over all such islands and all other places in America as have been at the cost and settled by the people and authority of this nation, and thereon in any of the said islands and places to institute government and to grant commission or commissions to such person or persons as they shall think fit, and to do all just things and to use all lawful means for the benefit and preservation of said plantations and islands in peace and safety until the Parliament shall take other and fuller orders there; any letters patent, or other authority formerly granted or given to the con- trary notwithstanding, do make and constitute William Coddington to be Governor of the said island (Rhode Island and Conanicut Island). He to be assisted by counsellors not exceeding the number of six, nomi- nated by the people and approved by him.'" Coddington arrived upon the island about the first of September." The Commissioners of the United Colonies met September 4th at New Haven. They had the letter from Winslow read, and expressed their regrets at losing his further service." They then directed a letter to the island informing Coddington they were pleased that the Parlia- ment Council had committed the government of the island to his hands, and desired to receive assurance from him that those who had taken refuge from their jurisdiction would be delivered to them.' They received a letter from William Arnold containing the following : " I thought it my duty to give intelligence unto the much honored court of that which I understand is now working here in these parts, so that if it be the will of God an evil may be prevented before it comes to too great a head, viz. : Whereas Mr. Coddington have gotten a charter of Rhode Island and Conimacuke Island to himself,^ he have broken the force of their charter that went under the name of Providence, because he have gotten away the greater part of that colony.^ Now these com- pany of the Gortonists that live at Shawomout and that company of Providence are gathering of £200 to send Mr. Roger Williams unto the Parliament. They of Shawomout have given £100 already and there be some of Providence that have given £10 and £20 a man, to help it forward with speed. It is a very great pity such a company as they are. There may be some mischief and trouble upon the whole country if their project be not prevented in time, for under the pretense of liberty of conscience about these parties there comes to live all the scum, the runaways of the country. They are making haste to send Mr. Williams away. Some of them of Shawomout that crieth out much against them which putteth people to death for witches,* for say they, there be no witches upon earth nor devils but your own pastc»rs and ministers." and such as they are.'"' of State, Vol. 146, p. 155. 'Turners Greenes of Warwick. "Acts Corns. U. Colonies, i, 196-198. 'Acts Corns. U. Colonies, 1, 215, 216 •It was believed by Coddington's followers that he had obtained a patent and that it invalidated the Williams' charter ; but the Providence Plantation govern- ment and its friends in Eng. seasonably prevented any patent or Commission being issued to him upon the resolution. ^Rhode and " Conimacuke " Islands were about one-thirty-fifth part of the territory of the colony. 'During the ten years beginning 1645 there were seven persons put to death for the crime of witchcraft in I\cw Eng. Murray, i, 294. Hinton, Knapp & Choules* Hist. U. S., 3d Ed., i, 68. 2d Winthrop, ii, 347. 3Q8, etc. "Before 1652 there were thirty-six trials of accused persons and eight canital executions." " The Romance of Am. Colonization," 149, 150. "'The Elders, especially Wilson and Norton, instigated and sustained the government in its worst cruel- ties." Bryant's Hist. U. S., ii, 462. Arnold's Hist. R. I., i, 273. Ryerson's Loyalists of America, i, 122. "" Which last observation, I must say, 90 LIFE AND TIMES OF SAMUEL GORTON. A letter from Warwick was read complaining of the " oppressions and wrongs amounting to great damage since we first possessed the place, being forced thereby to seek to that honorable State of old England for relief, which did unequitably draw great charge upon us to the further impoverishing of our estates; and finding favor for redress we were willing to waive for the time [in regard to the great troubles and employment that then lay upon the State] all other losses, statute wrongs, we then underwent, so that we might be replanted in and upon that our purchased possessions, and enjoy them peaceably for time to come, without disturbance or molestation. Since our gracious grant from the honorable Parliament in replanting us in this place, we have been and daily are pressed with intolerable grievances to the eating up of our labors and wasting of our estates, making our lives, together with our wives and children, bitter and incomparable. Insomuch that groaning under our burdens we are constrained to make our addresses to that honorable Parliament and State once again to make our just complaint against our causeless molestors, who by them- selves and their agents are the only cause of this our re-uttering our distressed condition. May it please, therefore, this honorable Assembly to take notice of this our solemn intelligence given unto you as the most public authorized society appertaining unto and interested in the United Colonies whom our complaints do concern, that we are now preparing ourselves with all convenient speed for old England, to make our griev- ances known again to that State, which falls upon us by reason that the order of the Parliament of England concerning us hath not been observed nor the enjoyment of our privileges permitted to us; in that we have been prohibited and charged to acquit this place since the order of Parliament given out and knovv-n to the country; in that we have had warrants sent to submit us to Massachusetts Courts, and officers employed amongst us to that purpose; in that these barbarian Indians about us with the evil minded English mixed, under pretense of some former personal subjection to the government of Massachusetts, cease not to kill our cattle, offer violence to our families and vilify authority of Parliament vouchsafed to us; in that we arc restrained and have been this seven or eight years passed of common commerce in the country, and that only for matters of conscience.'" This letter from Warwick induced Massachusetts to lay before the United Commissioners a paper alleging that what she had done had been done with the Commissioners' approval. The Plymouth Commis- sioners in attendance declared that which the Massachusetts Magis- trates claimed was done by Mr. Winslow and Mr. Collyer, concerning the resignation to them of any of Plymouth's interests in Warwick or Providence, was not in the power of Mr. Winslow or Mr, Collyer to resign, nor of Massachusetts to receive; and that Mr. Winslow and Mr. Collyer had several times publicly denied that they either did or intended to resign any part of the jurisdiction of Plymouth to the Magistrates of Massachusetts. And what right or authority the govern- ment oi Massachusetts had to send for Samuel Gorton inhabiting so far out of their jurisdiction they understood not. That the Plymouth Commissioners did not refer "the matter to the determination of the rest of the Commissioners at Boston; and what authentic writings the Governor of Plymouth signed the Massachusetts Commissioners did not show. If they meant a writing signed by the Governor and some particular persons, the Commissioners of Plymouth cannot own it, has very much of a Samuel Gorton ring to it." Dr. Henry E. Turner. R. I. Hist. Tract, 4, pp. ^6. R. I. Rec. i. 234, 235. 'Arts Corns. U. Colonies, i, 217. *Acts Corns. U. C, i, 221, 222. Hazard's Hist. Collec, PROVIDENCE AND RHODE ISLAND PLANTATIONS. 91 having particularly and in the Court of Plymouth protested against it.' The Massachusetts Commissioners, remembering the order of the Parliament Commissioners that the bounds of a patent should be set out by a jury of uninterested persons, and that all inhabitants within the limits so set forth should fall under the government established by the patent, and that the resignation claimed was not with the full consent of the inhabitants of Warwick who pretended an interest in Williams' patent, and would not by any peaceable means be brought under the Massachusetts government, and being desirous to prevent inconvenience and to settle peace, resolved to relinquish the rights and title they had and the lands of Warwick to Plymouth, that they engage to administer justice therein to the inhabitants. That means be used to reduce Warwick to submission to the government of Plymouth. . There- fore, the subjected Indians and officers of Massachusetts were sent with all convenient speed to Plymouth's assistance.' The Massachusetts patent gave her three miles south of Charles river or the southwest point of it, and westward indefinitely on that line which is the present north line of Connecticut and Rhode Island, and by no possible construction could it be tortured to mean anything south of it. The grant to Plymouth gave them no right of territory west of the east shore of Narragansett Bay. But suppose Plymouth had grounds for such a claim, by what rule of law could she divest herself of any territory pertaining to her patent except by the surrender of it to the sovereign authority from which she derived it? And supposing she had that power, how could Massachusetts, whose existence depended on her patent, which expressly defined her limits and gave no power to expand them, pretend as in the case of Warwick and Providence, on the plea of voluntary subjection and release by Plymouth, and after- wards, as in Narragansett, on the plea of conquest, to exercise sover- eign power outside the limits of her patent?'" There was during this year another display of the intolerance of the Massachusetts authorities, this time against some members of the loyal party at Newport; the whipping on September 6th of Obadiah Holmes, one of the best and most respected of its inhabitants. " Upon the Lord's day, July 20th, at the home of one of the brethren whom they went to visit," in the town of Lynn, Mass., John Clark, pastor, James Crandall and Mr. Holmes were taken upon a warrant, brought before the " ordnary " and cast into prison " for drawing others aside after their erroneous judgment." Holmes was fined £30, Clark £20, Crandall £5, and on refusal to pay they were " to be well whipped." Some indulgent and tender-hearted friends, Clark tells us, contrary to his judgment, paid his fine. Thus some one paid the fine of Crandall and proposed to pay that of Holmes. ITolmes had earlier, while at Ply- mouth, been presented to the court there for holding religious meetings and took refuge on the island. He was a man of high character and importance, a member of the Newport church to which he afterward succeeded Clark as pastor. He would not consent to the paying of his fine and was whipped thirty stripes.' A General Assembly session of the Providence Plantations began on November 4th at Providence, over which Samuel Gorton presided, and at which Roger Williams, John Clark, Robert Williams, son of Roger Williams, John Wickes, John Greene, John Smith, Robert Porter and others, a majority of the loyal members, were present. The time of this session was " the most eventful era in Rhode Island history, and this session of the Assembly one of the most important it ever •Acts Corns. U. Colonies. Mass. Rec, iii, 216. "Dr. Turner in Greenes of Warwick Proc. Mass. Hist. Soc, 1862, pp. 41, ^^. 'John Clark's 92 LIFE AND TIMES OF SAMUEL GORTON. held. Upon the success of its measures depended the preservation or dismemberment of the colony of the present State." It was asserted by Massachusetts and the Pawtuxet party, but it was not, as will see, admitted, as the editor of the printed colonial records states, that the Council of State's resolution had vitiated the charter. The leading men of the colony were present^ at this Assembly, and they promptly and emphatically expressed their confidence in the charter and government in the following resolution :' " That we do profess ourselves unanimously to stand imbodied and incorporated as before, by virtue of our charter granted unto us by the honorable State of old England, and thereby do according to our legal and settled order choose and appoint our officers, institute laws according to the consti- tution of the place and capacity of our present condition, prosecuting, acting and executing in all matters and causes for the doing of justice, preservation of peace and maintaining of all civil rights between man and man, according to the honorable authority and true intent of our aforesaid charter." Arnold, Baulston and Torey, leading men of the island, afterwards [in 1660] addressed a communication to the British government, in which they say " that by virtue of the charter of 1643-4 the government of the colony has ever since been to this time main- tained." It is. Judge Durfee says, the same corporate body which has perpetuated its existence by accepting and adopting the changes in its constitution up to the present day.* The £200 voted at a former session to send Williams to England, the Warwick people having, as William Arnold complained, immediately raised the one-half, being now available, Williams was commissioned as the agent of the chartered government to England, to depart imme- diately. The majority of the people of the island and the loyal people of Newport, whose number there largely exceeded Coddington's " freemen," had selected Clark to secure the repeal of the council's resolution, and he sailed with Williams. There were good reasons, many thought, why it was advisable to have a new charter, among them, for more definitely locating the boundary lines, the present charter bounding only thus : " Northward and north- east on the patent of Massachusetts and southeast on Plymouth patent," etc. ; for a constitutionel guarantee of religious freedom, the silence upon religious matters observed in the present charter, giving the people liberty to govern themselves, although the best that could be secured when it was granted, not precluding religious discrimination being introduced under it, if the party to this obtained control of the government, which prospect seemed not altogether improbable; and too, since the Parliament Commissioners who granted the charter had been removed, Charles the First had been brought to the block, England declared a Commonwealth, and Parliament had appointed a Council of State for the affairs of government, a charter of later authority was desirable. Through most intense broils, during the disruption of the union by Coddington and the threatened invasion by Massachusetts' and Ply- mouth's ready and hostile forces, imperiled through intrigue, and beset with the lawless acts of the Arnolds and Pawtuxans, and in the midst of an insurrection inspired and supported by these parties and factions, Gorton, without the valued presence of Williams and Clark during their necessary absence, by his prudence, fearlessness and firmness, held the despoilers at bay, and well and comparatively peaceably administered the affairs of this young republic. Winslow was wise in his prediction " 111 News from N. Eng," 4th Mass. Collec. ii. 'R. I. Rec, i, 235. •R. I. Rec, i, 2ii. *Judge Job Durfee's Complete Works. PROVIDENCE AND RHODE ISLAND PLANTATIONS. 93 in 1644, when Gorton was chosen a Magistrate at Portsmouth, that the church magistracy had much to fear from it, but erred in his prediction that " full and free toleration of religion would eat out the power of government." Unlikely did he then think that a government would be established and sustained by the free suffrage of a people enjoying the legal right of religious freedom ; and that Gorton would be selected for the leading trust in it, while himself would depart to not return, severing his connection with the colonies. One of his last official com- munications was to Massachusetts during this period of emotion, to inform them of the English Council's pleasure that they surrender their patent.' " These things,"' a petition of the Massachusetts Court reads, " make us doubt and fear what is intended toward us." " This was," Palfrey says, " a time of more than common sensibility in Massachu- setts."" A joint effort of the colonies was now, through Massachusetts relinquishing her long asserted right and title in Narragansett and engaging to aid in enforcing the claims to it of Plymouth and others, resolved upon to subdue the Providence Plantations. The embarrass- ments of the colony and the burden or responsibility resting upon those to whom its affairs were entrusted increased daily. Yet through the storm and " over troublesome waves the little ship of State sailed during the year 1651, tossed by billows on every side, but still bearing a crew of valiant men, whose courage and wisdom was equal to the emer- gency."' The facts, contraray to the representation upon which the English Council's resolution was based, were quickly shown to them, convincing them that they had acted under misapprehensions and restraining their further action, for it does not appear from their journal that any Commission upon the order was made out to Coddington. He, after waiting in vain for it over a year, or until April 14th, 1652, a few da3'-s before Gorton's term as President of the colony expired, signed as an expedient and last contention, a paper acknowledging the interests of the original purchasers in the island, and assayed to assume its government. As when in earlier days a significant paper was sent to " the brethren at Portsmouth," this acknowledgment gained the support of many of the inhabitants of the island, all of whom were without land titles, daily fearing that they would be deprived of their possessions. In the acknowledgment he states that the land had since its purchase remained in his hands and had been a great source of trouble.* On May i8th the General Assembly and Court of Election of the Providence Plantations convened at Warwick. The President, Samuel Gorton, was moderator of its sessions. John Smith of Warwick was elected President, and Thomas Olney of Providence and Samuel Gorton of Warwick were chosen Assistants for the ensuing year. The island did not send representatives to this Assembly. This session passed an Act for the Emancipation of Slaves : The ■first legislative edict of emancipation of slavery that zvas adopted in America. In this remarkable statute Gorton's literary style is clearly evident, and he was without doubt its author and principal promoter.' The Massachusetts Act in the " Body of Liberties " forbade the bondage of only those who were Massachusetts born. It did not eman- •Ryerson's Loyalists of America, i, 108 note. 'Palfrey's Hist. N. Etir., ". 395 note. Winslow's Defense. 'Fuller's Hist., p. 45. *R. I. Rec, i, so. Coddington's Petition to Eng. Council, Ante p. 'Dr. Janes' "A Forgotten Founder of Our Republic," Preston & Rounds, publishers. Provi- dence. Stephen Hawes, in his " Chronology of Ancient and Modern History," p. 172. See Shepherd & Dillingham, publishers, N. Y., 1871, records that "Gorton and Williams in 1652 made a decree against slavery in R. Island." Gorton was the leader of this Assembly ; Williams was in England undoing Coddington. The 94 LIFE AND TIMES OF SAMUEL GORTON. cipate her slaves." The Massachusetts Act of 1646 was the sending home of a stolen negro,' and did not affect the other slaves they held. The Gorton Act" abolished life servitude, and it is the only legal enact- ment abolishing involuntary life servitude that was passed in those early times in any of the colonies. By its terms all slaves or bondsmen living in or brought into the colony were ordered to be set free within ten years. If taken under fourteen, they were to be set free at the age of twenty-four years, as the manner was with English servants. The man who would not let them go free, or should sell them elsewhere to the end that they might be enslaved to others for a longer time, should forfeit to the colony forty pounds. The price of a slave then was but twenty pounds. These early legislators were not sustained in their advanced humane act, for the colony did, notwithstanding it, tolerate life ownership or slavery very long afterwards. And one hundred years thereafter legislators took up the question of the emanci- pation of slaves just where Gorton had once placed it so long before. The breaking out at this time of a war between England and Holland interrupted the commerce between the colony and the Dutch plantations. William Arnold, Benedict Arnold, William Carpenter, Robert Cole, the Massachusetts subjected agents, and others of the Pawtuxet claim- ants living on lands on the outskirts of Providence and adjoining Warwick, claimed to live and claimed ownership both in Providence and Warwick, and injected themselves into the town councils of both places and into the colony government in support of their land schemes and the claims of Massachusetts and Coddington. The latter was again a refugee from the colony, the people having rebelled against the government he but a month ago attempted to organize on the island, and he having fled again to Boston, again taking the island records.' On July 29th the towns were ordered to select judicious men for a General Court called to transcribe letter and instructions to the colony's agent in England. The order is signed Samuel Gorton, Deputy Presi- dent.* The next sessions of the Assembly was on October 28th at Provi- dence. The President, John Smith, was moderator. They transcribed a letter to Williams in England encouraging him in his work of " unweaving such irregular devices wrought by others amongst us as have clothed us with so sad events as the subjecting of some amongst us to other jurisdictions;" in the work of "preventing the approach of Massachusetts and Plymouth upon us; they beginning to unite in one against us, such as before in some respects were separate;" and in the work of upholding the charter and government ; and suggesting that if it be the pleasure of the Council to appoint him as Governor for one year it would establish for the present the government until the question of jurisdiction and chartered rights could be settled, so the government be honorably put upon the place and much ^ weight for hereafter added in the constant and successive derogations of the government. It is the John Greene of Warwick, recorder, whose name is signed to this letter.' enslavinp; of cartnmed Indians was opposed by OoT-ton. R. T. Rec. 1, 70- Oitjrch's Indian Wars, 51. Prov. Reeds., 1676. Arnold's Hist. R. Island. "Force's Tract, Vol. iv. '2d Winthrop, ii, .^oo. 462. R. I. Rec. i, 243. 'Hildreth's Hist. U. S.. Ed. 1848, Vol. i. p. 305. •Early Reeds, of Prov., vi, 56. 'The Index to the Bartlett Colonial Records is misleadine. Under the head of Roper Williams is " Letter of John Greene to Roirer Williams, then in England: and "Dissatisfaction of General Court to certain complaints in the above letter." The Index should read: •• Letter from the Assembly subscribed to by John Greene, recorder, to Roper Williams" [R. 1. Rec, i, 249, Oct 28, 1652. John Smith, President General PROVIDENCE AND RHODE ISLAND PLANTATIONS. 95 The Pawtuxet men and Massachusetts subjects, calling themselves Commissioners " lovingly chosen from Providence and from Warwick," were on hand at Providence during the Assembly's sessions, and imme- diately drew up a letter from Providence,* complaining that the Warwick people. President Smith and others in Assembly now at sessions say that they so " lovingly chosen " " are no lawful committees," and com- plaining that the letter to Williams in England about their irregular devices, subjecting to Massachusetts and the sad events thereof, " is a just cause of offense to them;" and to this letter of complaint they attach a copy of the letter complained of.* A call for a sessions of the Assembly at Warwick on December 20th was made by the President John Smith, accompanied with advice for the members to " keep in order and union till the return of our agent from England." Without doubt the members who attended the previous sessions, and who were regularly chosen at the last election, met in answer to the call and were presided over by President Smith. They maintained their order and union intact; but members of the Arnold and Coddington factions, unfairly chosen Commissioners, obtained the record books and the large part of the records of their rivals' meetings were removed, preserving those of themselves. According to these records, so kept until Williams' return and preserved with headings, " The General Court," etc., indicating that they were the government, the self-styled Commissioners of the Pawtuxet faction met, they say, in answer to the call of the President.' There was but one regular Commissioner among them. The President or Assembly never acknowl- edged them as Commissioners or members. It would have been a surrender to the Arnold and Coddington factions; but the latter sent word to President Sm.ith that they, being assembled according to his order, entreated that he would be pleased to afford them his presence; ordered Hugh Bewett, one of their number whom the Assembly had indicted for treason, to appear before them for his trial ; resolved to maintain their organization; again entered their protest to the letter the Assembly in October last sent to Williams,' and ordered President Smith fined for not meeting with them." They record a protest made by the Commissioners to their usurpations and an appeal from their acts received by them from the President, John Smith, and from Samuel Gorton. CHAPTER XV. Word from Williams from England regarding Coddington and the Council's resolution — That no commission to Coddington for government had ever been issued upon it — The English Council make an order against Coddington's pretensions to government and order the Providence government to care for the island — Coddington absents himself from the colony — The Coddington government maintain their organization and choose Sanford their President — An agreement eifected for readmitting the island to the government under Assembly] ; and " Dissatisfaction of Pawtuxet Party to certain complaints about them in the above letter." 'R. I. Rec, i, 247. 'R. I. Rec, i, 247, 248. They claimed lands and residences on both sides of the river, and so claimed themselves to be Commissioners from both towns. 'Their Secretary was John Greene, not of Warwick, but of Narragansett. R. I. Rec, iiif 56, 57, "Greene Fam>ly." *R. I. Rec, i. 256. Early Pror. Rec, XV, 60, 65. "R. I. Rec, i, 259. 'This order is not in the 96 LIFE AND TIMES OF SAMUEL GORTON. the charter — Williams returns — Williams elected President — Williams', Holmes* and others' complaints to Massachusetts and to England — Leverett appointed agent for Massachusetts in England — Cromwell prevented from inquiring into the conduct of Massachusetts — The Coddington, Arnold, Pawtuxan combine at Newport — Their few freemen their electors — They inflating as Representa- tives of the whole large population of Newport, preponderate and control the government — Coddington returns to the island ; his subscription to the Provi- dence government and his destruction of the records — The choice of Gorton by Coddington and the Assembly as arbitrator of the difficulties besetting Coddington — Gorton's letters to the imprisoned Quakers — The combine at Newport make a Massachusetts subject Governor — The court condemns Harris, leader of the Arnold-Pawtuxet claimants, for treason. The English Council of State, upon a hearing of the true condition of affairs in the colony as presented to them by Williams, issued an order commanding the chartered government to take care of the island, following: " Gentlemen : — The Council have been informed that Mr. Coddington, from hence Governor of Rhode Island, hath so behaved himself as hath produced great matters of complaint against him now depending before us. The consequence thereof hath been the bringing of things there into great discord and extremities amongst yourselves by means whereof the whole colony is exposed as a prey to the Dutch, the enemies of the Com.monwealth, who (we are informed) have designs upon that place in the absence of the Governor that hath withdrawn himself. Upon consideration of all which we have thought it necessary for the present, and until further directions and order be given by the Parliament or the Council for settling that colony, to authorize you and do hereby author- ize you to take care for the peace and quiet thereof, according to such orders and instructions as hath been given you by virtue of any ordi- nances or acts of Parliament. Signed in the name and by the order of the Council of State appointed by authority of Parliament. "Whitehall, 2 October, 1652. James Harrington, President. " To Magistrates and Free Inhabitants of Providence Plantations." * William Dyre, whom Williams had taken with him, was despatched with the order and on February i6th he arrived with it in the Planta- tions ;" but instead of delivering it to the President and Commissioners of the government under the charter he took it to the island and sent word to Providence and Warwick that he had an order from the English Council of State for their direction." The Coddington and Arnold men, calling themselves the Assembly General of the Providence Plantations, met at Pawtuxet on the 25th of February to receive it, but it was not presented to them. On March ist (1652-3)* the Coddington-island men met at Ports- mouth, and the order of the Council of State was delivered into their speakers' hands, instead of as it should have been into the hands of President Smith and officers of the chartered government. Although a Coddington government did not exist, and he was absent from the former scenes of one, his adherents maintained an organization, and they ordered those who were governing under the charter to take their places w-ith them. Members of the Pawtuxet party, assuming to be the government, again on March 9th met at Pawtuxet to receive the Council's order from and treat with the island, but complained that they received neither the order nor an answer from them.* printed records of the Colony of Rhode Island. "Arnold's Hist. R. I., i, 242. 'R. I. Rec, i, 268. *R. T. Rec, i, 240, 269. •R. I. Rec. i, 269. "Williams' letter, R. I. Rec, i, 351. 'R. I. PROVIDENCE AND RHODE ISLAND PLANTATIONS. 97 The members of the Pawtuxet party, again for the third time since the arrival of the Council's order, met on March i8th for the purpose, as assumed Commissioners of the main land towns, of annexing them to the island organization, and to join with the latter in sending an agent to England to secure the withdrawal of the Council's order, and establish Coddington's rule over the whole colony.' The Council's order and with it propositions from the island men for a union were delivered to them by Benedict Arnold. The propositions provided that Newport should be the seat of government and that the Pawtuxet party should come there and join them. The islanders also providing for themselves too many of the official places, the propositions were not accepted and the objects of the meeting not accomplished.' The members of the Pawtuxet party, as an Assembly of the govern- ment, again on May i6th met at Providence and declared Gregorie Dexter, Jr., their President;* recorded the propositions Benedict Arnold had made to them ; " remitted " the fine President Smith " is to pay " for refusing to serve with them; and tabled Smith's and Gorton's — the President and Assistant — protests to their acts of usurpations. The Commissioners, members of the charter government, have no record we can find of a May election, although Smith or Gorton by choice or appointment served during the year as President. The order to them from the English Council of State having been withheld from them, they thought best to abide William's arrival, very patiently waiting while they watched the maneuvering factions. The island organization, unable to bring either the members of the chartered government or the members of the Pawtuxet party to the terms they offered them, persisted in maintaining a separate government on the island in spite of the English Council's order for the charter government " to take care of the place." On IMay 17th the island organization chose for their President John Sanford, a son-in-law of Samuel Gorton.' They passed a resolution that if Providence and Warwick would act with them they might choose the general officers. It appears from the Early Providence Records'" that the names of the Providence and Warwick men were either written to this agreement for them or that they were tricked into signing it, for the Sanford government immediately thereafter reconsidered regard- ing its officers, ordered that all the courts m all the towns act jointly with them, appointed Commissioners for all the towns, entered into the Dutch war and made some captures.' On June 3d members of the Pawtuxet party met at Providence.^ They now condemned the action of the island government, particularly blam- ing them for not earlier delivering the Council of State's order to them, on February 25th or on March 9th, when they set to receive it.' On August 13th they again met at Warwick, " this being their second session " at Warwick. They ordered a letter sent to Massachusetts by John Greene, their recorder, and they kept the Massachusetts Magis- trates posted regarding President Smith, Gorton and the other regular Commissioners' doings. The Massachusetts Magistrates again received a letter, September 5th, 1653, from William Arnold, informing them that Gorton and his companions were intending great matters to Cromwell, having a letter in their hands to which four or five of the Massachusetts Magistrates had subscribed, which they intended to send to England to be a further testimony against them.* Rec, i, 258, 268, 269, 270. 'R. I. Rec, i, 2q8, 262. »R. I. Rec, i, -264. ""vi, 65 'R. I. Rec, i, 2(53-267. »R. I. Rec, if 267. "R. I. Rec. i, 268, 269, *Hutchinson's Papers, i, 283. 98 LIFE AND TIMES OF SAMUEL GORTON. Finally, an agreement acceptable to a majority of each — the Commis- sioners, members of the chartered government, and the Pawtuxet party, and the island party — was effected for replacing the island under tlie chartered government, by accepting Easton of the island as President of the organization under the charter until Williams' return, and staying the operation in towns of such laws as they had not participated in enacting; and on May i6th, 1654, a General Assembly of the Providence Plantations was held at Providence for carrying out these provisions. Gorton, as an Assistant, was among the members of the chartered government present, he heading the list of these representatives; and with them were Pawtuxet and Island men. Officers for all the towns were for the time being chosen, many of the worn champions of the government giving up place to secure the desired union and peace. The important positions held by Gorton and others of Warwick in the government of the colony during these years of unhappy discussions indicate the estimation in which they were held by the people. That the colony was not entirely broken up by its enemies within and without may be ascribed to the wisdom and prudence of a few men of the loyal tov/ns who firmly held the reins of government during this period." During August, 1654, Williams returned. He brought with him letters from the " Lord Protector " Cromwell confirming the charter. Clark remained, both to protect the colony's interests and to attend to some private business.* Williams, shortly after his return, sent the following to the Pawtuxet men : " Since I set the first step of an English foot in these wild parts, and had maintained a chargable and hazardous correspondence wit'n the barbarians, and spent almost five years' time with the State of England to keep off the rage of English against us, what have I reaped of the root of being the stepping stone of so many families and towns about us but grief and sorrow and bitterness? I have been charged with folly for that freedom and liberty which I have always stood for: I say liberty and equality both in lands and government. I have been blamed for parting with Mooshassuck and afterwards Pawtuxet, which were mine own as truly as any man's coat upon his back. I am told that your opposites thought on me and provided, as I may say, a sponge to wipe off your scores of debt in England, but that it was obstructed by yourselves, who rather meditated on means and new agents to be sent over to cross what Mr. Clark and I obtained. But, gentlemen, blessed be God, who faileth not, and blessed be his name for his wonder- ful providence, by which alone this town and colony and that great cause of truth and freedom of conscience hath been upheld to this day.'" On August 31st there was an Assembly of the government at War- wick. A full representation was present from all the towns, and an engagement for readmitting the island to the government under the authority of the charter was signed by all of them. They ordered a " Court of Election to be held upon Tuesday, ye 12th of ye next month, and to be kept at Warwick, which officers then chosen shall be engaged and stand til ye Court of Election in May next." A General Assembly and Court of Election was held the r2th of the next month and Williams was chosen President, but nearly all of the other ofl[ices were given to n\embers of the Island and Pawtuxet parties. Among the Representatives and officers were Baulston, Coggershall, Easton, Harris and Arnold, the latter yet a subject of Massachusetts. •Fuller's FTist. Warwick, 4^. Apnendix. iii'. 'R. I. Rec, ii, 78, 79- The following year Clnrk pu1ili«;lied his Bible Concordance and Lexicon, the fruit of many years' studv and Inbor, and at the time the most complete of the works for its purpose. 'R. I. Rec, i, 351. 'R- I- Rec, i, 2S4. "Roc, i, 287-289. PROVIDENCE AND RHODE ISLAND PLANTATIONS. 99 The courts of trials for the mainland towns were continued as they ever had been, separately; but for the Island towns Newport obtained the privilege of holding them jointly, which reopened upon the island the subject of former agitations and difficulties.* Instructions were sent to Clark; and the letter following, of Williams, in reply to one received from Vane which chided the Plantations for their dissensions, v/as approved, subscribed to by the clerk and sent to him : " To Sr. Henry Vane — Sir, Your letter was directed to all and every one of the particu- lar towns of this Providence Colony. From the first beginning to this day we reaped the sweet fruits of your constant loving kindness and favor toward us. Oh Sir, whence then is it that you have bent your bow and shot your sharp and bitter arrows now against us? Whence is it that you charge us with dissensions, divisions, etc.? Sir, we hunibly pray your gentle acceptance of our trifold answer. First, we have been greatly disturbed and distressed by the ambition and covetousness of some amongst ourselves. We were in complete order until Mr. Codding- ton, wanting the public self-denying spirit which you commend to us in your letter, procured by most untrue information a monopolie of part of the Colony, viz., Rhode Island to himself, and so occasioned our general disturbance and distractions. Secondly, Mr. Dyre by private contention with Mr. Coddington, being instructed to bring from England the letter from the Council of State for our reunion, he, contrary to the State's instructions and expressions, plungeth himself and some others in most unnecessary grief, who protest against such abuse. Sir, our third answer is, that we may not lay all the blame upon other men's backs, that possibly a sweet cup hath rendered many of us wanton and too active ; for v^^e have long drank of the cup of as great liberties as any people that we can hear of under the whole heaven. We have not only been long free — together with all English — from the iron yokes of wolfish Bishops and their Popish ceremonies — against whose cruel oppressions God raised up your noble spirit in Parliament — but we have sitten quiet and dry from the streams of blood spilt in the war in our native country. We have not felt the new chain of the Presbyterian tyrants, nor in this colony have we been consumed with the overzealous fire of the so-called Godly and Christian magistrates.'" At the May election, 1655, ^t Providence, Williams was again chosen President. On June 28th the Assembly convened at Portsmouth. The letter from Cromwell, a brief of what his Council had ordered, was read and recorded." Roger Williams, Samuel Gorton, William Baul- .ston and Benedict Arnold were ordered to form and subscribe letters to John Clark and the Lord Protector.^ The following, under date of November 15th, was sent to Massachu- setts by Williams : " Concerning four English families at Pawtuxet, may it please you to remember that two controversies they have long under your name maintained with us to a constant obstructing of all order and authority amongst us. To our camplaint about our lands, they lately have proposed a willingness to arbitrate, but to obey his Highness' authority in the charter they say they dare not for your sakes, though they live not by your laws nor bear your common charge, nor ours, but evade both under color of your authority. Since it has pleased first the Parliament and then the Lord Admiral and Committee for Foreign Plantations, and since the Council of State and lastly the Lord Protector and his council, to continue us as a distinct colony, yes, and since it hath pleased yourselves by public letters and references to us from your public courts, to own the authority of his Highness "Cromwell's order 1655, Mar. 29. Ri. I. Rec, i, 316. 'R. I. Rec, i, 395- loo LIFE AND TIMES OF SAMUEL GORTON. amongsi us ; be pleased to consider how unsuitable it is for yourselves — if these families at Pawtuxet plead the truth — to be the obstruction of all orderly proceedings amongst us. I grieve that at this instance and by these ships this cry and the premises should trouble his Highness and his Council : For the rcosonable preventing of which is this humble address presented."' The complaints in this letter from the Assembly to John Clark and complaints from Obadiah Holmes and others against Massachusetts were presented to Cromwell ; but Capt. Leverett, who was on November 13, 1655, appointed by Massachusetts their agent,' and who had taken a number of French forts in America, served in the army under Crom- well and enjoyed much of his favor, prevented his inquiry into the conduct of Massachusetts; although he admonished her and censured her for banishing her seducers.* Both the subjected Whites and the subjected Indians were still maintained by Massachusetts upon the lands of others, in constant obstruction to order and the authority of the Providence charter; and the General Assembly issued a warrant to bring them before the court to answer the complaints of the inhabitants against them. Forty-two was the total number of male inhabitants of Providence at this time. Warwick had thirty-eight, Portsmouth seventy-one, and Newport had ninety-six " freemen," but it had over three hundred inhabitants, which was over two-thirds of the population of the whole colony;' and a more than corresponding amount of wealth and amount of control in the government. By the " freemen's " act a restrictive elective franchise, an inheritance from Coddington's government, still maintained at Newport, the old leaders there, as he had done, kept themselves in official place, and then, by assaying to represent the whole and exceeding number of inhabitants, they lead in the management of the affairs of the colony. Coddington, who during the height of the commotion upon the island had been obliged to flee for safety from the inhabitants and remain for a time av/ay, had returned to Newport, and v.-as sent as a Representative to the Assembly at its March sessions. Objections were at once made to his sitting, but they were overruled " for the comfort of all parties," and as his old leaders had " inconsid- erately imposed the service upon him." Claims against Coddington for depredations of his government upon the Dutch Colonies were brought to the attention of the Assembly by a Council of State letter, in reply^to which they ordered that a letter be sent to Clark manifesting Coddington's subjection to the authority of the charter and acting^ to free him from the danger of former troubles, complaints and penalties. An injudicious partisan resolution was passed to destroy such portions of the records as were unfavorable to Coddington — that they should "be cut out and delivered to him." This embraced what he had extracted from them, and they, with those now included, covered the most eventful and interesting of the colony's early history, from its ueginning up to and including the troubles that compelled Gorton's despatch for England and the time of Gorton's Presidency of the colony; but one page with a reference to the latter having escaped their dili- gence; the eventful times immediately preceding and followmg the 399. -R. T. Rec. i, ,?22-.^2i?. ^Mass. Rec, iv, Pt. i, p. 2^1 ; Com. dated Nov. 2.1, 1655. Hutctiinson's Papers, 272. 309, 310. Tst Winlhrop, ii, 247 note. 'Hutchinson's Hist. Mass. National Maarazine. Dec. 1803- British Council of State Papers, i, 441;. Leverett was. for his success in managing the cause of Mass. before Cromwell, made a Major General and granted one thousand acres of land by Mass. upon his return to the colony. Mass. Rec, iv, Pt. 2. »R. I. Collec, vii, 204. "R. I. Rec, i, 332. 'Letter of Leverett ^o PROVIDENCE AND RHODE ISLAND PLANTATIONS. loi departure of Williams and Clark for England — measures of the Assembly from May, 1651, to May, 1652, and most of the doings of the November 4th, 1651, session, which was considered one of the most important in Rhode Island history.* Without doubt many of these records were unrecoverable, and on this account many of the members may have thought this the most feasible way of settlement. It was, however, decided, upon a vote to the question, that Coddington's fine about the records should not be returned to him. The Massachusetts authorities still, in 1656, extending their sover- eignty over the Providence Plantations, sent their Marshal General with his subalterns into Providence to arrest Richard Chasmore [who formerly acted with William Arnold of the Pawtuxans and was one of the persons to whom the Massachusetts warrant of May 20th, 1643, to seize John Greene's cattle, was directed] for. Savage says, " probably some crookedness in religion." While he was in the custody of the Massachusetts Marshal in Providence, he was with a Providence warrant rescued from the Massachusetts officers.' No reply was received from Massachusetts to the November letter regarding the subjected families. The depredations of the subjected Indians upon the people of Warwick were unabated and their lawless acts were encouraged by their settlement near them, on that side of the Pawtuxet river, of the Massachusetts agents who supplied them v;ith arms and powder.' Having received no reply to his letter, Williams wrote to Governor Endicot, who, in response to this, offered to suspend the act of banishment yet in force long enough for him to come to Boston ; and provisions were made by the town of Warwick for the expense of the journey; but before departing he again addressed a letter to the General Court of Massachusetts in which he referred at length to the lawlessness of the natives whom Massachusetts was sus- taining there, and also to the troubles occasioned by the subjected settlers at Pawtuxet. In this letter he said concerning Warwick: "I am humbly confident that all the English towns and plantations in all New England put together suffer not such molestation. It is so great and so oppressive that I have daily feared the tidings." And concern- ing families at Pav/tuxet who subjected themselves to Massachusetts: " Their obstruction is so great and constant that without your prudent removal of it it is impossible that either his Highness or yourselves can expect such satisfaction and observance from us as we desire to render."' The obstructions were not removed by the visit of Williams, but what was deemed gratifying progress was made by an agreement that the controversy should be closed by arbitration. At the next election. May 20th, 1656, Williams was chosen President. William Harris, now Pawtuxet leader, appeared as a Representative from Providence; Gorton, Holden, Wickes and Greene, and two of the Pawtuxet partners, one of whom was Benedict Arnold, appear as Representatives from Warwick. But could the latter have been seated, for he, a Massachusetets subject and their warrant server, represented only the Pawtuxans and Massachusetts and could have been chosen at only the Pawtuxans' meeting. He had established himself on the Warwick side of the Pawtuxet river as a merchant with Boston goods, and also as an agent for provisions and arms ; Massachusetts, proscrib- ing the sale of the latter goods to the Providence and Warwick people, directing him to sell only to the Whites and Indians who subjected to her and to such others as were incited against the townspeople. The sale of strong drink and wine to Indians was prohibited by War- Endicott, Hutchinson's Papers, Ji, z-j. *Mass. Rec, ii. ®R. I. Rec, 102 LIFE AND TIMES OF SAMUEL GORTON. wick, yet tlie Sachem Cutohamoke and his company obtained it there. Arnold had before this entertained and dealt with this Sachem, and there is no doubt but that he, and not the Warwick settlers as accused, sold this Sachem and his company their liquor." The business of the trials, State vs. Coddington, being called, they were upon his petition and on account of the commotion of the people still prevailing, continued to await further orders from England. Coddington had multiplied the lawsuits against him by getting into violent contentions with Dyre. In this they both signed a paper signifying their submission to an award of five referees, of whom Gorton was one, for the settlement of all difficulty between them.' In this year " a new occasion given by an old spirit for oppression arose." People of a new religion appeared on our shores, and the authorities in the other colonics made cause against them and cast them in prison. Undeterred by threatening consequences, Gorton gave them his active and practical sympathy, conveyeing to them the assurances of his Christian love in hopeful plans for their release and to provide a place where they might enjoy their liberty. " It does not appear," says Judge Staples, " that difference of opinion or religion excluded any from his benevolence or charity." Four of the early Quaker Missionaries had arrived in Boston. Before they landed, officers were despatched by the government to bring them on shore. After being examined, they were committed to prison, there to remain till the return of the ship that brought them, and then to be carried back to England. There is conclusive evidence that Gorton was not a Quaker. With the individuals imprisoned at Boston he had no personal acquaintance; no sectarian views or private friendship, therefore, could have induced him to correspond with them, yet on the i6th of September, 1656, he addressed them from W^arwick the following: " The report of your demainor with some others of the same mind with you formerly put in possession of the place of your present abode, as is represented to us, as also the errand you profess you came with unto these parts, hath much touched my heart ; so that I cannot with- hold my hand from expressing its desires after you. If God has brought you into these parts as instruments to open the excellences of the taber- nacle, wherever the cloud causeth you to abide, no doubt but this your improvement shall be an effectual preface to your work, to bring the gainsayers to naught ; which my soul waiteth for, not with respect to any particular man's person, but with respect to that spirit of wicked- ness gone out into the world to deceive and tyranize ; and in that respect my soul saith, O Lord, I have waited for thy salvation. But our Lord may please to send some of his saints unto us to speak words which the dead hearing they shall live. I may not trouble you further at this time, only if we knew that you had a mind to stay in these parts after your enlargement [for we hear you are to be sent back to Eng.] and what time the ship v/ould set sail, or could have hope the Master would deliver you, v.-e would endeavor to have a vessel in readiness when the ship goeth out of harbour to take you in and set you where you may enjoy your liberty."* Callender says that Gorton " was strenuously opposed to the doctrine of the Quakers."' He, however, indulged in no personal abuse of them, or of anyone for their differing with him in doctrine or religion. In i, .322, 341-345. "Wnrwick Town Orders, ante pagina. Warwick letter to Mass., post patina. The Lands of R. T.. 42. 41. 'Nar. Club, vi. Hildreth's Hist. U. S., i, 398. ^Gorton's letters to the Quakers in full in Staples Ed. Simp. Def., R. I. Collec, ii, introduction. 'R. I. CoUec, PROVIDENCE AND RHODE ISLAND PLANTATIONS. 103 the debates with tlie Friends at Newport, Providence and Warwick, in which WilHams, Gorton and others engaged and out of which much bad feehng arose from the accusations and personaHties indulged in by some of the debaters, the records* show that, ahhough Gorton was rated a disputant quite the equal of any," he was deficient in the then common " talent of being disagreeable to all those whose belief and practices differed from their own," he almost alone escaping the charge of having uttered unkind words against them. His Quaker friends, solicitous in his behalf, complain that Priest Wilson would have him put to death for differing with him in religion. Had the benevolent project of Gorton been carried out, the little company of Friends would have been the earliest apostles of the new faith on the shores of the Narragansett. In their reply they stated that the master of the vessel had been placed under such heavy bonds to set them ashore in England as to render the undertaking hopeless." Other admirable letters of Gorton's in defense of the Quakers fol- lowed. Of his above correspondence Judge Staples says : "The sentiments and feelings which it displays are the more to be honored and appre- ciated, because in his time, and in this country especially, they were seldom avowed." It is a high achievement to be tolerant toward others in matters of religion even to-day. Benedict Arnold had, since the May Assembly last, moved to Newport and become the leader of the Pawtuxans' adherents there. He was made President at the May, 1657, election. At the March, 1657-8, sessions a letter from Sr. Henry Vane was read and given to Mr. Gorton. Samuel Gorton and Benedict Arnold were ordered to draw up an answer to the request of the United Colonies, that the Providence colony should remove the Quakers and prohibit their coming into it ; to which letter the clerk should subscribe. Arnold and Gorton did not agree upon a letter, and both wrote one. " We conceive," wrote Arnold, " that their doctrines tend to very absolute cutting down and overturning relations and civil government among men if generally received. But as to the damage that may in likely- hood accrue to the neighbor colonies by their being here entertained, we conceive it will not prove so dangerous (as else it might) in regard to the course taken by you to send them away out of the country as they came among you." Arnold's conservative letter (although imput- ing the overturning of civil government to an acceptance of the Friends' doctrine) he, Arnold, subscribed to.'' Gorton's radical and character- istic letter the clerk subscribed to as the court directed. Gorton's letter reads : " Now whereas freedom of different consciences to be protected from enforcement was the principal ground of our charter, both with respect to our humble suit for it. as also to the true intent of the honor- able and reverend Parliament of England in granting the same to us; which freedom we still prize as the greatest happiness that men can possess in this world: Therefore we shall for the preservation of our civil peace and order the more seriously take notice that these people and any others that are here or shall come amongst us be impartially required, and to our uttermost constrained to perform all the duties requisite toward the maintainage of the right of his Highness and the government of that most reverend Parliament of England in the colony; which is most happily included under the same domain and graciously iv, 9. _ ^Firebrands Quenched, 232, 247. Apx. New England Judged. Geo. Fox Dig:Red out of His Burrows, Mather's Maemalia. Williams' letter, Proc. R. I. Hist. Soc, 1875-6. Mackey's Life of Samuel Gorton. "R. I. Hist. Pub., New Ser., iii, 210. "Nar. Club, v, Intd., 3, 4, 20, 43. 'R. I. Rec, i, 376-378. *R. T. Rec, 378-^80. 'Arnold's Hist. 104 LIFE AND TIMES OF SAMUEL GORTON. taken into protection thereof. Humbly craving their advice and order how to carry ourselves in any further respect toward these people, that therewithall there may be no damage or infringement of that chief principal of our charter concerning freedom of conscience. And we also are so much the more encouraged to make our address unto the Lord Protector, his highness and government aforesaid, for that we understand there are or have been many of the aforesaid people suffered to live in England: yea, even in the heart of the nation. And thus with our truly thankful acknowledgement of the honorable care of the honorable gentlemen Commissioners of the United Colonies, for the peace and welfare of the whole country, as expressed in their most friendly letter, we shall at present take leave and rest.'" The doings of Harris, Pawtuxet leader, engaged much of the atten- tion of the Assembly during the May sessions. He with others of the party, the Massachusetts subjects, persisted again in the refusal to pay taxes, in which action they were protected by Massachusetts. He openly denied the obligation of obedience of himself and others to the government,' and made, occording to Williams' charge, " notorious attempts to draw all the English subjects of the colony into a traitorous renouncing of their allegiance and subjection." A complaint was filed against him which grew into a charge for high treason, and the court directed the Attorney General to take charge of the case. At the following June, 1657, sessions John Easton was made Attorney General, and he and John Wickes were ordered to propose to the Assembly the course of the Harris trial. Upon the hearing the court declared his conduct to be both contemptuous and seditious ;'° and the Assembly then directed the papers, comprising Harris' writings, the charge against him and his reply to be sent to Clark to lay before the English government ; directing Clark to command the matter in or.r and the Commonwealth's behalf for further judgment; and held Harris in the sum of £500 sterling, with his son Andrew, to perform the order of the court. The ship by which the papers against Harris were sent was lost. In May, 1658, Mary Gardner, a Friend, resident of Newport, wife of one of the Island Commissioners, and the mother of many children, with one babe at her breast, was, while attending a Friends' meeting taken bv the Massachusetts authorities to Boston before John Endicott, who sentenced her to be whipped with ten lashes, as well as her com- panion Mary Stanton who accompanied her to help bear the child. After their very sore journey and (according to man) hardly accom- plishable, through a wilderness of above sixty miles between Rhode Island and Boston, the whipping was bloodily executed upon their bare backs with a three-fold knotted whip of cords, and then they were continued fourteen days longer in prison. The further consequence to the Providence colony from the official presence of Massachusetts subjects had become a matter of greater agitation, since one of them had become the Governor; and they were commanded to get out from one or the other colony. Accordingly, during Mav and June of the year 1658. William Arnold, Benedict Arnold, William Carpenter and Robert^ Cole of the Pawtuxet part}', who had sixteen years before subjected to Massachusetts, and had so long escaped taxation and been the cause of much of the trouble, were upon their petition discharged from allegiance to that government, and became freemen of the government at home in which they had been R. I., i, 262. '"R. I. Rec, i, 364. 'William Arnold and William PROVIDENCE AND RHODE ISLAND PLANTATIONS. 105 holding office.' The elder one of the Arnolds soon after complained to the Massachusetts Court and petitioned them for an addition to the payment he had received for services rendered them. In his complaint he stated that some of the cattle of Gorton's, which had been turned over to him, had been " gotten away from him and he had been put into very much trouble " by it ; that a number of Warwick people had obtained judgments against him in the colony courts and he had been obliged to pay at one time "£io," at another "£60," and at other times "great costs and damages." The Massachusetts Magistrates, moved by this humble petition, replied to him that as he had left the protection of the Massachusetts Court and their jurisdiction, and joined with the people of whom he complained, they judged it not equity that the court make him satisfaction; but that he might have liberty to reimburse himself by again seizing upon the persons and estates of these people. CHAPTER XVI. Gorton's letters to Cromwell and to Clark defending the Quakers— Pawtuxans substitute fors^ed deed for that of Williams' — Deeds contirmmg the fraud- Papers secretly recorded in Massachusetts — Williams' declaration : Con- firmation of no reality. Myself, Providence and Warwick robbed —The Providence government applies first to the King for a new charter of govern- ment—The Arnold-Pawtuxans delay Clark's commission from Providence gov- ernment until after Winthrop, Jr., had secured the Connecticut charter of government— The Pawtuxans' motives— Trouble ensuing— Petition of Warwick men to the King— Letter to the court of Massachusetts— New charter received —The King's order— The Narragansett Indian grant confirmed— The death of ex-President Smith. In the Assembly, November 2d, 1658, Mr. Gorton with three others drew up a letter to Mr. Clark to be presented to his Highness and Council, in defense of the right of asylum granted to the friends by the government of the Providence Plantations. The letter mentioned the papers in the case against Harris, sent the year previous, the wreck of the vessel and their loss, and that new papers in the case were ordered which could not be gotten ready to send with this letter, but would be sent " by the next opportunity." It acknowledged the love for Mr. Clark by the colony and their further trust to his council and care. It then proceeds as follows: "We have now a new occasion given by an old spirit with respect to the colonies about us which seems to be offended with us because of a sort of people called by the name of Quakers, who are come amongst us and have raised up divers who seem at present to be of their spirit; whereat the colonies about us seem to be offended with us being the said people have their liberty amongst us, and entertained into our houses, or into our Assemblies ; and for the present we have found no just cause to charge them with the breach of the peace. And the offense our neighbors take against us is because we take not some cause against these people. Sir, this our earnest and present request tinco you in this matter, that as vou m^v perceive^ v-* our answer to th^ United Colonies, that we flee as to our refup^e in all civil respects to his Highness and honorable Council, ?;-.?8. Stnples' Ann.nls. d the petty Sncb'-ms whom Arnold induced to submit, were afterwards killed. Hubbard's Indian Wars, etc *Col. Aspinwall, Proc. Mass. Hist. Soc, i860, pp. 39-41 ; 1862, pp. 41, 77, PROVIDENCE AND RHODE ISLAND PLANTATIONS. 119 society with the great body of the Narragansett Indians given them encouragement, of their own act to subject themselves, their people and lands unto us, it shall not be lawful for the rest of the colonies to invade or molest the native Indians or any other inhabitants within the land and limits mentioned, they having subjected themselves unto us and being by us taken into our special protection, without the knowl- edge and consent of the Governor and company of Rhode Island and Providence Plantations,"^ Shortly prior to March, 1664, the death occurred of John Smith, former President of the colony. Pie was an early settler in Providence, a subject of the vengeance of the church Magistrates of Massachusetts, and prior to 1648 permanently settled at Warwick ; was one of the first members of the government under the charter and one of its most earnest defenders. He served the colony loyally and faithfully in various ways, and as President during very troublesome times and to him a most trying period. Happily, he lived to see religious freedom secured to the colony in its constitution. The town of Warwick appointed Gorton administrator of his estate. CHAPTER XVII. The Assembly under the new charter — Gorton named in it as one of the incorpo- rators — A Representative — Change of name from Providence to Rhode Island and Providence Plantations — The King appoints Commissioners to settle the disputes of the colonies — Instructs them to see if the Narragansetts' sub- mission and cession secured by Gorton prove true — -They confirm the Narragan- sett submission and cession — Gorton names the unsetled territory the King's Province — Samuel Gorton, Jr., appointed a magistrate in it — Commissioners declare all claims of the other colonies to lands within it to be void, and place it in the Rhode Island and Providence government's keeping — They order the removal of Massachusetts subjects from it — Massachusetts court refuses to heed the orders of the King's Commissioners — The King commands the Gov- ernor and Council of Massachusetts to send representatives to answer in England. The first Assembly of the Rhode Island and Providence Plantations under the new charter sat at Newport March ist, 1664. Samuel Gorton was, as we have stated, named in it as one of the incorporators of the government, so also were Benedict Arnold, William Coddington and William Baulston. The appointments named in it were Arnold, Gov- ernor; Brenton, Deputy Governor; Coggershall, Clark and Baker, Assistants, all of Newport; Baulston and Porter, Assistants, of Ports- mouth; Field, Olney and Williams, Assistants, of Providence; and Greene and Smith, Assistants, of Warwick. The vacancv occasioned by the death of Smith was filled by the choice of Randall Holden. The Assem- bly appointed the Superior Court at Newport semi-annually to be held by the Governor and six of the Assistants with or without the aid ox the Deputy Governor. Five of twelve colony officers were required to be citizens of Newport. The Governor, Deputy Governor and three of the Assistant justices, thereafter of Newport, and five out of each 'R. I. Rec, ii, 4, 15, King's letter. Letters from the colony to the King and Lord Clarendon, Sept. 4, 1666, R. I. Rec, ii, i^s, 156, 556, 562; iii. 40, 61, 62, 63, etc.; iv, 370-373- King's letter, ist Mass. Collec. v. 221: 2d. Mass. Collec. vu, 98-112; Arnold's Hist. R. I., i, 315. -!i6. Sheffield's Paper. National Magazine, 62. «R. L Rec. Book Notes, xix, 19, p. 70. 120 LIFE AND TIMES OF SAMUEL GORTON. twelve of the grand and petit jury were to be Newport men. Every town was deprived of the power of electing one-half of its council, the election of half given to the vote of the whole colony.* Newport had surpassed the other towns in population, wealth and social influence ; had now a more than corresponding political interest, and filled most of the offices of the government. Its accessions vv^ere of a character very different from those of the early settlements, which were of a people many of whom, after having been impoverished by fines and penalties, had escaped almost penniless to enjoy in the wilderness the scant returns of labor and the hoped for large reward of freedom from religious oppression. Its accessions were largely Puritan men of wealth .who came to the new port of enterprise for business. This Puritciu element was made by the rulers the privileged electorate, thereby keep- ing them in power. Without regard for or sympathy with the liberal element it held controlling influence in the colony for more than a century.^ The change in the official title of the colony, dictated by the Newport island men and made by prefixing the name of the island to it, led to the colony being called by the island's name; and it also loaned strength to the error, encouraged by the followers of Coddington then in power in the government, that prevailed for many years, that the government of the colony had its origin in his government on the island. The name of the State should be Narragansett. Those governing at Newport from the beginning felt but little interest in the mainland towns to which they had against their will been united" Previous to Clark's return from England the colony had paid him the amount agreed upon for his services and also sent to him an extra allowance for his greater encouragement in its behalf, Gorton being one who guaranteed the amount apportioned to his town.^ Upon Clark's return the Assembly promptly assumed the debt which was contracted in 1651 for his departure, and to this added a gratuity and assessed £600 upon the towns for it, £80 of it being assigned as War- wick's portion. To this Warwick for good reasons objected. The main- land had alone paid the expenses of Williams, the government agent, and it belonged to the island alone to pay the departure expenses of Clark their agent.'" Clark had but recently, during the coming in of the King, been employed by the government,' and for this all his expenses and claims had been paid with an extra allowance. The Warwick people had, Williams said, been for the past twenty years subjected to a loss of £100 annually. Holden said in all £4,000 from the depredations of those who had betrayed the government, without any relief from the government;' and they rightly thought that the island should pay Clark's departure expenses, and if a further payment to him by the government was deemed just it should be assessed upon those who had betrayed the government and proudly done wrong of a higher nature. , Others joined with Warwick in the protest to the Newport mens proceedings, but it was unheeded, and in October (1664) the arrearage, now £200. was ordered to be collected from the different towns. Unwar- rantable reflections having been cast upon the patriotism of the Warwick people, they in the December following addressed a letter to the Assembly then in session which vindicated their unrivalled interest in the colony and the justice of the course they would recommend, *Judge Dnrfee's address, 1847. *R. I- Collec, vii, 211. 'R. I. Rec, i, 4801482, Sio; ii, 77. 478, 479- SM, 515, 558; iii, 22. ' R. I. Rec, ii, 78-80. *R. I. Rec, ii. 515, SS8. ^- T- Rec. 1, 341-345: PROVIDENCE AND RHODE ISLAND PLANTATIONS. 121 stating that they almost alone bore the expense of the first mission, that of Gorton, Greene and Holden to England to sustain the colony, and had done none less for it than any others had done, and this done on their own charge, travel and loss of time, never receiving a penny from any of the other towns; that when the men of Massachusetts had drafted a charter for Narragansett, during the height of their credit in England, and had both ministers and Magistrates pleading that it might be made authentic, these Warwick men only prevented it.* War- wick, however, paid the amount that had been assessed to her without abatement; and at an Assembly at Warwick, June 21st, 1670, ordered £300 to be raised to send Clark and Greene to England to now oppose the claims Connecticut made by the precedence of her new charter with bounds including, as they thought, portions of the Providence colony. Clark did not go, his death occurring soon after.* The King finding it impossible to secure compliance and necessary to compose the differences of which he received complaints, and to do justice to numerous demands at his royal hands, on the 22d of April, 1664, appointed Col, Richard Nichols, Sr. Robert Carr, Knight, George Cartwright, Esq., and Samuel Meverick, Commissioners to visit the colonies in New England to examine and determine all complaints and appeals in all causes and matters, as well military and criminal, and he sent under date of April 23d, 1664 letters to both the Massachusetts and Rhode Island governments " acknowledging his duty to see that justice be administered to all his subjects."" The King's letter of June 28, 1662, brought over by Bradstreet and Norton, nearly two years past, remained unpublished, but now upon the appointment of the royal Commissioners was made public and several other letters from the King acknowledged,* with a protest against the royal Commissioners in what they term a " supplication " to the King, dated October 25th, 1664.' It was replied to by the King on February 25th, 1664-5. The letters of the King of February 15th, 1660, September 9th, 1661, June 28th, 1662, April 23d, 1664, and February 25th, 1665, show the groundlessness of the Massachusetts Magistrates' statements and reveal what they contended for under the rights of conscience was the right of preventing others, and what they claimed under the pretense of charter rights was absolutism, refusing to submit even to inquiry as to whether they had encroached upon the rights and territories of their White and Indian neighbors, or made laws and regulations and performed acts contrary to the laws of England, and to the rights of others of the King's subjects. The King's letter of February 25th, 1664-5, i^i answer to the supplication is not given by Hutchinson in his history. This and a letter from Lord Clarendon in answer to a copy of the supplication that was sent to him, and a letter from Robert Boyle in reply to a letter sent to him, and upon the subject of this address to the King and their rejection of the royal commission, may be read with advantage to those who would pursue this subject further.* In January, 1664-5, the Commissioners appointed by the King arrived. iii, 58-62. _ 'R. I. Rec, ii, 78-80, 127. *.An error in the printed records assigms this sessions to Newport ; but from the minutes of the Governor and Magistrates of Newport, held the Friday previous ?nd hat held the Oct. fnllowinp, it is evident the place was Warwick. "Kind's letter. Hazard's Hist. Collec., ii, 6341637. Ref. to in Loyalists of Amer., i, 176. "zd Mass. Collec., viii, 47. 'Supplication in Mass. Rec, iv, Pt. ii, 129-133. and in Loyalists of Amer., i, 153-150. ^King's letter of Feb. 35. 1664-1; in Ryerson's Loyalists of Amer., i, 166-169, and in Hutchinson's Collec. of State Papers, 390. or ii.iis. Lord Clarendon's letter in Hutchinson's Hist. Mass., *> 544. and in Loyaliss of Amer., i, 160. Robert Boyle's letter in 2d Mass. Collec., 122 LIFE AND TIMES OF SAMUEL GORTON. They were well received by the people of the Providence and Rhode Island Plantations. The Indian Princes gave them a long petition. Among their complaints of injustice was that the Massachusetts Com- missioners had first caused them to be fined, then took their country in mortgage to satisfy the sentence, and would inveigle them out of it.' One of the King's most implicit instructions to his Commissioners was " to see if it prove true " that the Narragansetts had submitted their domain to Charles the First of their will; and accordingly their first business in Narragansett was to visit the headquarters of the tribe at Pattamsquscot, where a council with them was held and the sub- mission of the Narragansett Chiefs were confirmed; whereupon the Commissioners then, there on the 20th of March, 1664-5, formally received the grant, commanded it to be called by the name Gorton applied to it, " The King's Province," and commissioned men of the Rhode Island and Providence Plantations, their Governor and Assist- ants its Magistrates and rulers.'" We do not find Samuel Gorton named as one of these Magistrates. Lie was now seventy-three years of age, and had on account of the infirmities of age refused to longer serve in the office of Assistant, although he was Magistrate at Warwick and did serve as Assistant in the place of absent ones ; and so doubtless served as his son did and with him as Magistrate for the King's Province. Llis interest in the grant may have prevented his appoint- ment by the Commissioners or have made him unwilling to accept such an appointment. The Magistrates named were appointed to serve until May 3d following, and then the Governor and his Assistants or Magis- trates were to rule. His son, Samuel Gorton, Jr., was an Assistant and was one of the Court of Justice that sat in the Province.' And the Commissioners issued this order : " Having received from some of the principal Sachems of the Narragansett Indians a submission or surrender of themselves, their subjects and their lands to the protection, government and dispose of our dread sovereign, giving us a deed dated April 19th, 1644, wherein they and all the other Sachems of that coun- try did then submit, subject and give over themselves to his late Majesty, we, his Majesty's Commissioners, command that no person of what colony soever presume to exercise any jurisdiction but such as procure authority from us ; and we also declare that " The King's Province " doth extend to Pawcatuck river; and whereas, Major Atherton and others of tlie Massachusetts pretend a mortgage of a great part of the said country, and whereas, there is also two purchases pretended to, of two great tracts of land by the same, in which deed there is no mention of any consideration, and that it appears that the said pretending purchasers knezu that the said country was submitted to his Majesty, as well by z:'itness as by said submission bein^ eighteen years ago printed. We, his Majesty's Commissioners, having heard the whole business, do declare the said purchases to be void and order and command that the said purchasers shall quit and go off the said pretended purchased lands."' vii. 40-"; I, and in Lovalists of Amer., 1, i6t. "R. I. CoHec, ii, 128. "R. T. Pec, ii, n:,. 04. 'R. T. Rec, ii, 502. =R- T. Rec, h, 50. 60. The R. T. Reeds., i. 466, contain what is certified to by Edw. Rawson, pecy. of he Mass. Court, as a letter written by the command of Charles the Second, dated June 21. i66,'?, (but thirteen days after Charles sinrned the new charter of the R. I. and Prov. Plantation^ according the rieht of John Scott and others of the .Atherton company to the Nnrraoransett territory, which writinp: is of doubtful authenticity. Scott was an active supporter of the renutcd Narra- gansett patent, and he was afterwards convicted and imnrisoned for forsrery and other crimes [Palfrey's Hist. N. E., ii, 564 note and 58.^ note. Aspinwall's remarks on the Narragansett patent, Sidney S. Rider, Pub., 28-37 note], Seq. p. PROVIDENCE AND RHODE ISLAND PLANTATIONS. 123 The Commissioners then sat to hear the complaints of the town of Warwick. The ]\lassachusetts Magistrates refused to appear before the Commissioners to answer the numerous complaints of Warwick or of others or to indicate their claims or acts, and denied the right of the Commissioners to hear and determine causes. A letter was received by the Commissioners from Williams stating that he had been many years engaged in pleading with Massachusetts and in behalf of his loving friends of Warwick with the Massachusetts Magistrates, who would be pleased were Mr. Gorton and his friends destroyed, and advis- ing that the Massachusetts colony be reduced to obedience'. The petition that was four years since addressed by the people of Warwick to the General Court of Massachusetts, complaining of the contmued oppression and suffering occasioned by the remaining subjected mhabit- ants and giving notice that they should proceed before the Kmg m corncil unless some arrangements were made satisfactory to them, the Massachusetts Court having given no heed to, now twenty-two years after the first occasion for complaint arose, during which tmie there had been unremitted depredations and oppression regardless of the many orders and the prohibition in the charter, and yet debarred the privi- leo-es of trade, their goods exchanged second or third-handed,_ their property destroyed by the subjected inhabitants who occupied their best lands, and the order of banishment to this day unrepealed, they of Warwick now laid their precise and commendably brief complaint before the Commissioners.* This, at this late day, was the first petition to the government for reparation that Gorton or any of the Warwick people had made. There was in this no claim for damages to the person, but only for property losses. From this it is more than probable that they would not have sought redress had they, after the first assault on them, been allowed to settle down in peace. The Commissioners, after the hearings, issued on April 4th from Warwick an order " that all those gifts or grants of land lying on the eastern side of Pawcatuck and a north line drawn to the Massachusetts, made by his Majesty's colonv of the Massachusetts to any person what- soever, or by that usurped authority called the United Colonies, to be void.'"' And on April 17th they ordered the removal of dl both Indians and Whites, Massachusetts subjects, from these lands." The Massachusetts Magistrates, in lieu of their appearance before the King's Commissioners, put forth on May 30th, 1665, what they called an apologetical reply, a document of " vituperation and obscurity of meaning," in which they incorporated the pith of "Hypocrisy Unmasked," including in it the old petition of Benedict Arnold and his company. As nearly twenty-five years had elapsed since the events referred to had occurred, it was clear enough that the consequences which the petition pretended were completely falsified. It, therefore, suited the General Court to quote the Providence petition as stating that Gorton and his company were already the vile and dangerous men which the petitioners only said they might become in a certain con- tingency. In other words, the court so garbled the petition as to make It assert as an existing fact that which was only put as a possible consequence. However heretical it may appear, it is difficult to escape the suspicion that the Puritans sometimes shov/ed signs of human weakness.' note 'R. I. Rec, ii, 136. 'Warwick's complaint, dated Mar. 4. 1664-S, in R. I. Collec' ii, 231. and in 2d Mass. Collec^ viii. 6S »R I Rec. ii, 93. 'R- I- Rec, ii. 132. 'Bryant's Hist U. S.. ii/71. 'Loyalists of Amer., i, 14S. 2d. Mass. Collec, vui, 55-58; other 124 LIFE AND TIMES OF SAMUEL GORTON. On May 2d, 1665, Colonel Nichols and all the other King's Commis- sioners with him drew up, signed and forwarded to the Massachusetts Court an address regarding its refusal of its members to appear and defend themselves, and regarding a report circulated that the King had sent here to take away any civil liberties. It said: "We declare as false and protest that they are diametrically contrary to the truth, as ere long we shall make it appear more plainly. These personal slanders with which we are calumniated, as private m.en we slight ; as Christians we forgive, and will not mention; but as persons employed by his sacred Majesty we cannot suffer his sacred honor to be eclipsed by a cloud of black reproaches and some seditious speeches without demanding justice from you against those who have said, reported or made them.'" And the Commissioners on May i8th addressed to the Massachusetts Magistrates the following: "The end of the first plant- ers coming hither was, as was expressed in your address, the enjoyment of the liberty of your own conscience. We, therefore, admire that you should deny liberty of conscience to any, and especially wlien the King requires it, and that upon a vain conceit of your ov.n that it will disturb your enjoyments which the King often hath said it shall not.'" And Commissioner Col. Cartwright addressed to Mr. Gorton the following: "These gentlemen of Boston would make us believe that they really think that the King has given them so much power in their charter to do unjustly, that he reserved none for himself to call them to account for doing so. In short, they refuse to let us hear complaints against them, so that at the present we can do nothing in your behalf; but I hope shortly to go to England, where, if God bless me thither, I shall truly represent your suffering and your loyalty. Your assured friend, George Cartwright. Boston, May 26, 1665.'"° The three Commissioners Carr, Cartwright and Meverick on July 26th, 1665, addressed the Massachusetts Court as follows: "We thought when we received our commission and instructions that the King and his Council knew what was granted to you in your charter, and what right his Majesty had to give us such a commission and commands; and we thought the King, his Chancellor and his secretaries had suffi- ciently convinced you that this commission did not infringe your charter; but since you must needs misconstrue all these letters and endeavors, and that you will make use of that authority which he hath given you to oppose that sovereignty which -he hath over you, we shall not loose more of our labors upon you. but refer it to his Majesty's wisdom, who is of power enough to make himself to be obeyed in all his dominions.'" The Commissioners also wrote to their government, among other things regarding the Massachusetts Magistrates, that " Seven years they can easily spin out in writing. If writing will serve the turn, as thev suppose it will, they can keep the business in agitation until the King 'and all his secretaries there and all his good subjects here be weary of it. Both the readiest and surest way is for his Majesty to take away their charter, which they have several ways for- feited, but that without a visible force will not be effected.'" The Commissioners composed some differences with the Dutch settlers, finally arranged for the removal of the subjected Indians [delivering to Ponham £20, " ordered as a present unto him if he would letters of the Commis, Seq. 58-64. «2d. Mass. Collec, viii, 75-77: other Corns, letters, Seq. 81-87, 00. "R. I. Collec, ii, 246. 'Reference is made to an order signed in Aug., 1665. by all of the Kings Corns, upon the subject of complaint prepared against Mass., which order we are unab e to find. Staples. ^O'Calligan's Documents, etc., iii, 102. Hutchinson s Collec, 412-420, or ii, 139-150, is King's Corns, report. 'R. I. Rec, n, 127-129, PROVIDENCE AND RHODE ISLAND PLANTATIONS. 125 find a place to live upon " away from Warwick] ; and finding their authority still resisted by the government of Massachusetts Bay, re- ported the result to the King and Lord Chancellor in December, 1665. The report answered the inquiries the King had instructed them to make and gave much other information at length. It stated that " the Narragansett Sachems did in the year 1644, by writing, surrender themselves, their people and country into the late King's protection; two of which Sachems now living did actually in their own persons surrender themselves, people and country into his royal Majesty's protection before his Commissioners, and deliver to them that very deed made in 1644, v/hich has been carefully kept by Mr. Gorton. This Narragansett country is almost all the land belonging to this colony, which cannot subsist without it. This colony, which now admits all religions, even Quakers and Generalists, was begun by such as Massa- chusetts would not suffer to live among them, and is generally hated by the other colonies, who endeavored several ways to suppress them. They (the other colonies) maintained other Indians against the Narra- gansett Indians. The Commissioners of the United Colonies disposed of a great part of his country, pretending they had conquered it from the Pequot Indians; but evidence being made that the Narragansetts had conquered it before the English began their war, and that the right was in him who sold it to the Rhode Islanders; and his Majesty's Commissioners, not thinking it justifiable for any colony to dispose of land without their own limits, determined it for the Rhode Islanders."" The King, upon receiving the report from his Commissioners, ordered their return.* He at the same time addressed a letter to Massachusetts, stating that as he had received full information from his Commissioners of their treatment in the several colonies, in all of which they had received great satisfaction but only in that of Massachusetts, and not- withstanding many expressions of loyalty from those who govern that colony, so believe that his Majesty hath no jurisdiction over them, but that all persons must acquiesce in their judgments, however unjust, his Majesty thought fit to recall his Commissioners, which he hath at the present done, that he might receive a more particular account from them; and his Majesty expressly commanded the Governor and Council of Massachusetts to forthwith send representatives to England to answer before him the complaints prepared against them, and for their conduct to the Commissioners ; and he further expressly charged that the Governor and Council of Massachusetts immediately set all persons at liberty who had been imprisoned for petitioning or appealing to his Commissioners ; and for the better prevention of all differences ordered that the bounds and limits of the several colonies made by his Majesty's Commissioners continue to be observed until his Majesty should find cause to alter them. That full obedience be given to his signification of his pleasure in all particulars.* 582: iii, 40, 61 ; iv. 373. ^King's letter to his Corns., dated Apr. 6, 1666. 'King's letter to Mass.. dated Apr. — , 1666, probably in full in Ryerson's Loyal- ists of Amer., i, 169-171. King's letter dated Apr. 10, 1666, in Hutchinson's Hist. Mass., i, 547, 548. The copy of his Majesty's Signification to the Mass. Colony was _ surreptitiously conveyed over to them by some unknown hand before the original came to Boston ; and formerly the very original of Mr. Meverick's petition to the King and Council, concerning the Mass. Colony, was stolen out of the Lord Arlington's office in Whitehall by one Capt. Scott and delivered to the Governor and Council at Boston. This I affirm positively to be true, though when I questioned Scott upon the matter he said a clerk gave it to him. [Letter of Nichols to Morrice, in O'Calligan's Documents, etc., iii, 136.] This Scott, one of the most active in the pretended Narragansett purchases, and who obtained the reputed accord to his right therein from the King [see ante p. 122I, was finally brought to trial in Connecticut and convicted under ten charges, one 126 LIFE AND TIMES OF SAMUEL GORTON. CHAPTER XVIII. The King's ccn.pliments in a letter to the government of Rhode Island and Providence Plantations — The Massachusetts court send ship-masts to the King in lieu of agents to answer before him — The Massachusetts people protest against the course of their magistrates — Pavvtuxet claimants capture the Court of Trials — They protest against Williams and his opposition to them — Morton's scandalous book — Gorton's letter to Morton — Williams' letter to the Plymouth court — Gorton's letter to Governor Winthrop, Jr., of Connecticut. The following: from the Kinp: was at the same time communicated to the government of the Rhode Island and Providence Plantations: " Trusty and well-beloved, we greet you well ; having received so full and satisfactory accotmt from our Commissioners, both of the good reception you have given them and also of your dutifulness and obedi- ence to us, we cannot but let you know how much we are pleased therewith, judging that respect of yours toward our officers to be the true and natural fruit which demonstrates what fidelity and affection toward us is rooted in your hearts. And although your carriage doth of itself most justly deserve our praise and approbation, yet it seems to be set off with more lustre by the contrary deportment of the colony of Massachusetts; as if by their refractoriness they had designed to recommend and heighten the merit of your compliance with our direc- tions for the peaceable and good government of our good subjects in those parts. You may, therefore, assure yourselves that we shall never be unmindful of this your loyal and dutiful behavior, but shall upon all occasions take notice of it to your advantage, promising you our constant protection and royal favor in all things that may concern your safety, peace and welfare."" Colonel Cartwright was made the bearer of the sum of the Proceed- ings of the King's Commissioners and of other letters to his Majesty and the Lord Chancellor, and of other papers to England. In his passage the vessel was captured by the Dutch and his papers were taken and never recovered.' Copies were ordered by the Rhode Island Assembly to be sent to England by the first opportunity. With the closing of the work of the King's Commissioners there dawned a new era of joy to Gorton and the other Providence and Warwick settlers. They secured, now for the first time, a measure of what they so long ago hoped for under the first charter, " peace in the quiet enjoyment of their possessions." On account of the difficulties there had been but few accessions to the inhabitants of Warwick ; they were in all but a handful of impoverished adventurers; but comparative peace for nine years followed the favorable decisions for them, when again their dwellings, with those of the Providence people's, were destroyed by the Indian wars. The King's last letter occasioned the calling of the Massachusetts Court in an extraordinary session". It, however, refused to obey the King's order to again send representatives to vindicate their acts before him;' and in the fall thev met again according to adjournment." To this court nearly two htmdred of the principal inhabitants of INIassachu- setts, " our fathers." the editor of the Danforth papers writes, " who of them heinjT for forper>'. and sentenced to pay a fine of ??on, to be irnprisoned durinfr the plensure of the court, and to pive bonds t othe amount of £500 for future pond behavior. [Conn. T?pcds., ii, 16. comp. 4?o.l 'Kinc's letter, R. T. Rec. ii, 149. 'Hutchinson's Hist. Mass.. i, 250. *2d Mass. Collec, viii, 98. "sd Mass. Collec. viii, loR, 100. _ _ '"Ryerson's Loyalists of Amer., i. 181 note. Sessions Oct., 1666. Petition in Hutchinson's Collec, 511-513, or ii, 248-215, and in 2d Mass. Collec, viii, 102-107. PROVIDENCE AND RHODE ISLAND PLANTATIONS. 127 exhibited so much good sense and sound pohcy," protested against the course of the Magistrates, but they still refused to send representatives, and this time instead sent two large masts^ thirty-four yards long and a shipload of timber, the freight thereon costing them sixteen hundred pounds^ sterling, as a present to the King, which he graciously accepted. And the fleet in the West Indies being in want of provisions, a subscrip- tion and contribution was recommended through the colony for bring- ing in provisions to be sent to the fleet for his Majesty's service.' Further action was suspended for a time, as Charles was absorbed by exciting questions at home, his war with Denmark and Holland and his intrigues with France. While the people of the Providence colonies had been engaged in arresting the invasions of their foreign foes, the Pawtuxet party, their internal foes, had been politically undermining them, having now nearly secured the control of the government. William Harris, his brother Thomas Harris and William Carpenter, all three of them Pawtuxet partners, obtained the places of Assistants, and four Assistants with the Governor or Deputy Governor, formed the high Court of Trials. Thus setting as judges in this court, which was likely to have before it their causes, they might have considered the object of their scheme to acquire the lands of nearly the whole colony well nigh accomplished. Many struggles with them and the towns of Providence and Warv*^ick before the local courts followed. Not succeeding in these, they continued the strife to strengthen themselves greater polit- ically by electing controlling majorities in the town councils and in the General Assembly. The papers upon the subject, which were sent from Warwick to Clark for his use before the King and Council against them, were by spy or traitor obtained by them and held at Newport ior their service.^ Litigation and costly trials were kept up by them against the colony and against the towns of Providence and Warwick to secure an acknowledgment of their claims and place them in posses- sion of the land. On November 19th, 1667, a protest similar to the nearly thirty years old one by the same party, Arnold and his eleven others against Gorton and others of Providence, was issued now against Williams for " keep- ing up a difference with Pawtuxet men," signed by " Sixteen Proprietors of the town." These proprietors were the barest minority of the people of the town, and ten of them were either Harris partners or closely allied blood relatives of these partners.^ Harris, arraigned at court for calling an Assembly without warrant and for making another rout of settlers from the lands at Providence, admitted his guilt and plead the justification of his acts." And the violent and threatening acts of the Massachusetts government were such that the Rhode Island and Providence Assembly passed an act of war of defense against them.' In 1669, while Gorton in advanced years had retired from official cares, Nathaniel Morton published a libellous and most scandalous book. '2d Mass. Collec, viii, no. 'The freight £1600 the Mass. Magistrates paid on these presents amounted to within £400 of all the Warwick people asked for twenty-two years' spoliations and damages. 'Hutchinson's Hist. Mass., i, 257. Ryerson's Loyalists of Amer., i, 180-182. Col. Nichols' letter to Mass. May 19, 1667, enclosing a letter from the King, in Hutchinson's Papers, li, 139. Col. Nichols' letter to Mass., June 12, 1668, regarding the King's letter of Apr. 10, 1666, in Hutchinson's Papers., 427. or ii, 156. *R. I. Rec, ii. 78. ''Book Notes, Vol. T3, No. 23. Harris, Arnold and Carpenter had bought of the other ori.ginal claimants and now claimed three-fourths of all the lands deeded to Williams, and all lands west, north and south as far as the Pawtuxet river and its branches extended under the forgery. Lands of R. Island, loi, 106. "R. L Rec, ii, 208. 'R. L Rec, ii, 206. 128 LIFE AND TIMES OF SAMUEL GORTON. Morton professed to have derived the greater part of his information from Bradford's history, but an examination of this discloses that there is nothing set down in that history relating to Gorton. Morton also had been for years the keeper of the Plymouth records, so v^rould have known that what he wrote of Gorton was wrong had he not avoided consulting them. Gorton wrote to him the following indignant letter of denial : " I understand that you have lately put forth a book of records ; whether of Church or State I know not, but this I know, that I am unjustly enrolled in it. You peremptorily judge of one you know not, for I am a stranger to you; besides that, your understanding reacheth not the things whence God exerciseth his people (I Cor. ii, 14) with wishes of better things in you and all men. I must give you a true description of our understanding from the Apostle Jude, verse ten : therefore I have no railing speech to return, or judgment of blasphemy (as the words are), either to seek any revenge of myself or to comply with any such spirit I dare not ; but I dare not but comply with the spirit of the Apostle in this his saying: The Lord rebuke thee (Jude 9). My second word concerns your assuming authority to canonize and put into the rank and number of Saints such men when they are dead which in their lifetime were persecutors, especially you having acknowl- edged them to be such yourself; as also to throw down under your feet and make as brute beasts having only hope in this present life such as are known to be fearers of God, worshipping him instantly day and night, though they be not acknowledged to be such by some par- ticular Sectaries as yourself, for you are no orthodox Christian because you deny the whole and complete word of God to be concerned in the present state of the chuch of Christ, and have chosen a part of it only to concern your present profession ; therefore a Sectarie and no Catholic Christian. But for these things you seek to besmear me with, which return justly upon yourself, mine adversaries shall be my judges where any spark of humanity remains. I have often wondered in my younger days how the Pope came to such a height of arrogance, but since I came to New England I have perceived the height of that triple crown and the depth of that sea whence such things arise, and not from the presence of Peter, but from the corrupting of the Apostles' doctrine, bending and bowing it to comply with corrupt avarice, pride and super- stition and vain imaginations of the minds of men setting up their gods at Dan and Beersheba (if you understand the etymology of the words). And the glory there is no other but that the Levitical Priests carved below the mount of God, forming it of the ear and heart jewels of the Egyptians, adorning carnal Israel who turn back in their hearts into the house of bondage whence they were delivered. "A third word I have to say concerns your office of record; mistake me not, I meddle not with your record further than they concern myself. Do not vest my words, as once they were in a letter taken in pieces, and what was plainly expressed to be spoken of the clergy was applied to the Magistrates, to make me obnoxious among men; and when the truth appeared it was professed that it was done by a reverend Divine before the State of England, who got no honor there by that, whoever he was. Deal fairly with me, as I shall do with you and all men. I then affirm that your record is fetched further than Cape Cod, namely, from him who was from the beginning a murderer also; and truth he abode not in, nor can he abide it. And I take it to be the highest point of murder to strike at the life of the soul, which life is the spirit of Christ, which I profess to live by and account all other life not worthy the name of life with respect unto that (Gal. ii, 20). Your PROVIDENCE AND RHODE ISLAND PLANTATIONS. 129 record, therefore, comes from afar. It ariseth out of the bottomless pit, the smoke whereof is as a stifling fog of darkness in your book. " It is untruly recorded concerning Plymouth's dealings with me ; conceals many passages that were enacted and falsifies things expressed. A difference between Mr. Ralph Smith and myself was not the occasion of Plymouth's dealings with me. If you had recorded truly you would made report that Plymouth's dealings with me had been their threat- ening of a widow, one Ellen Aldridge, who they said they would send out of the colony as a vagabond; whereas nothing was laid to her charge, only it was whispered that she had smiled in your congrega- tion; and she having been a woman of good report in England, and newly come over; being careful of her credit, she fled into the woods to escape the shame which was threatened to be put upon her, there remaining several days and nights, at the least part of the nights, and absented herself again before people stirred in the morning. My speak- ing on her behalf (she being then my wife's servant) was the occasion that Plymouth government took to deal with me. Whereupon they called me to a court more privately held to examine me, and one of them indulging upon a point aggravating the matter more than it deserved, I said he spoke hyperbolically ; whereupon they asked your Elder then present what was the meaning of that word, and he was pleased to expound it that I told the Magistrate that he lied. And this was their dealing with me; and accordingly they gave their own con- struction of what I spoke afterwards. Only in your court more pub- licly, the foreman of the jury (your Elder's son, Jonathan Brewer) befriended me so much as to move the court that I should not speak on my own behalf at all, and there ;was no Attorney to be had in those days that I knew of. " In the time of these agitations Mr. Smith took offense at m.e. Whether of himself or instigated I know not, neither know I any occa- sion I gave him, unless it was because his wife and others of his family frequented very usually morning and evening family service, and so did a religious maid living then with your teacher, Mr. Reyner. Mis- tress Smith after expressing herself how glad she was that she could come into a family where her spirit was refreshed in the ordinances of God as in former days. In this offense taken by Mr. Smith he applied himself to the Governor of Plymouth for help to break his covenant made with me, I having hired one part of his house for the term of four whole years. Whereupon I was persuaded to put the matter to arbitrament. The men were appointed, my writings delivered as I remember. John Cooke was one, an eminent member of your church, who shortly after said the writings were commanded out of their hands by the Governor' (Prence), insomuch that they could do nothing to issue the matter, neither could 1 procure my writings again unto this day, lest the justice of my cause should appear to any. But the court proceeded to fine and banish, together with sentence given that my family should depart out of my own hired house (Acts xxviii, 30) within the space of fourteen days upon the penalty of another great sum of money besides my fine paid, and their further wrath and dis- pleasure. Which time to depart fell to be in as mighty a storm of snow as I have seen in the country ; my wife being turned out of doors in the said storm with a young child at her breast (the infant having at that very time the measles breaking out upon it, which the cold forced in again, causing sickness nigh unto death), who had been as ■The Gov. uniformly wrote his name Prence, though Morton and others wrote it Prince. Bradford's Hist. Plymouth, 362. 'Plymouth Reeds., i, 100, 130 LIFE AND TIMES OF SAMUEL GORTON. tenderly brought up as any man's wife then in that town; and I myself to travel in the wilderness I knew not whither; the people comforting my ,wife and children when I was gone with this, that it was impossible for me to come aHve to any plantation. I say no more of this now, though I can say much more, with the testimony of men's consciences; but I have been silent to cover other men's shame and not my own, for I could wish to be a bondsman, so long as I have to live upon the face of the earth, in human respects, that all the agitations and transactions that have passed between the men of New England and myself were in print without diminution or extenuation, without covert false deal- ing or painted hypocrisy. It should be a crown, aye a diadem upon my grave, if the truth in more public or more private agitations were but in prose though not in poetry, as it was acted in all the places wherein you seek to blemish me" (Job xix, 23, 24; xxxi, 35, 36). " I perceive what manner of honor you put upon me in Rhode Island, which the actors may be ashamed of and you to be their herald. I have been silent of things done at Plymouth, Rhode Island and else- where, and am still in many respects, but have not forgotten them. I have heard that some of Plymouth then in place were instigators of the island. I could name the parties of both places, being met together at Cohannet (Taunton). I carried myself obedient to the government of Plymouth so far as became me, at the least to the great wrong of my family more than in above said, as can be made to appear if required; for I understood they had commission wherein authority was derived, which authority I reverenced ; but the island at that time had none, therefore, no authority legally derived to deal with me; neither had they (Coddington's court) the choice of the people, but set up themselves. But such fellows as you can bring men to the whipping post at their pleasure either in person or name without fault committed, or they invested with any authority. "Again I affirm you to be a deceitful recorder, in that you declare that I have spoken words (or to that effect) that there is no state nor condition of mankind after this present life. I do verily believe that there is not a man, woman or child upon the face of the earth that will come forth and say that ever they heard any such words come out of my mouth. And I appeal unto God, the judge of all secrets, that there was never such a thought entertained in my heart. Therefore, I do verily believe it was hatched in the bosom of the proper author of your scroll. I am far from the opinion you slander me with, for I hold and shall through God maintain that he who takes upon him to be an. interpreter of God's word and brings not eternity into the things or matters whereof he speaks, that man is a false prophet or interpreter of the word of God. You could not have clothed me with any piece of Saul's armor that would have fitted me worse than this scandal, and I know you have many pieces thereof among you. " Whereas you charge me with passion, I know not your meaning in that word. It is an ambiguous phrase, but through God's goodness I know the passion of Christ. And the Apostles' saying, that he fulfils the rest of his passion in the flesh (Col. i, 24), and he being in a mul- titude of passions (2 Cor. i, 12, 23). And I know that Elijah was a man of passions, yet he was strong in prayer. And here you extort a word from me which I thought would have gone in secret to the grave with me, for I never uttered it with my lips to any, though my heart hath resented it many a time. The thirty-three years is upon expiration since I arrived first in New England, in which tract of time I have 105. Judge Brayton, R. I. H. Tr., No. 17. "Force's Tract, Vol. iv, PROVIDENCE AND RHODE ISLAND PLANTATIONS. 131 washed my face with tears day and night in the ordinances of Jesus Christ, under the scandals, reproaches, calumniations and wrongs put upon me, for no other reason (though covered with other wizards) but for the profession of Jesus Christ. Yet have not these passions been in any imbittered sourness of spirit, but from enlarged desires, when the thing desired hath been presented as in Joseph when he saw his brethren, and in Jacob when Rachel appeared unto him. And I know they are reserved in a bottle of transparent glasses and written not on the black lines of the oldness of the letter, but in the lines of the light of life, or newness of the spirit. And I well know that God hath turned men's dealings with me into schools of learning (over- shooting them in their own bow), as God did in that carnal and cruel act of Joseph's brethren, that the glory might be in themselves and not in him (Gen. xlv, 4, 5). I have told you in this a small portion of my passion, yet more than was my purpose to have done. Scandalize me for it, and tell the wrold of it again and also of what I have lost by it; and whilst you are calculating and summing up the number of days contained in so many years I will appeal to God, the searcher of hearts, as a witness of the truth which I now write. Let me tell you this much, that I write now in passion, for it draws tears from mine eyes to see the nature of man (which I myself by nature am) so evidently and perspicuously appear in you; for he that writes or speaks of the word of God and cannot apply unto himself (in a true sense) whatsoever is contained therein, he is no true minister of salvation, but of con- demnation (2 Cor. iii, 9; xi, 26, 27). But let this stand as a parable to you and your teachers, whilst you in the meantime vent your corrupt- ing and contagious poison. "And whereas you say in your records that I am a sordid man in my life. I tell you what I say of that, and do you hide it from none: That I dare be so bold as to lay my conversation among men to the rule of humanity with any minister among you. In all the passages of my life which God hath brought me through from my youth unto this day, that it hath been as comely and innocent as his, according to present occasions, so that nothing shall be covered or painted over with hypocrisy. Whose ox or whose ass have I taken, or when or where have I lived upon other men's labors and not wrought with my own hands for things honest in the sight of men, to eat my own bread? But these things are beneath my spirit, either to speak or write; but you force to apologize; for would any man think that the spirit of one man should be so audaciously impudent as to bring forth such falsities? " I would say something of the foundation of your church at Plymouth if I thought it were not a matter too low to talk of, for when suit was made to the church in Holland, out of which your church came, to procure a dismission of a sister there to the church of Plvmouth, though the gentlewoman upon occasion had been in New England divers years, yet a dismission would not be granted. Their preaching member then with them I knew to be a godly man and was familiarlv acquainted with him now about half a hundred years ago in Gorton, where I v/as born and bred and the fathers of my body for many generations. The Elders gave the ground and reason that they could not dismiss their sister to the church at Plymouth in New England because it consisted of an apostacised people fallen from the faith of the Gospel, and when through such importunities a writing was procured, properlv of advice to their sister how to carry herself, her husband the solicitor, whom you know, I need not to name, and I think you know after what manner the writing was read in your church by your ancient Elder; part conceded and part expounded to the best. If you know not I do, for I was present, 132 LIFE AND TIMES OF SAMUEL GORTON. Now to have this testimony of aspersion concerning the foundation of your church by the mother out of which you came may be consid- ered, I think you can say, little more orders of the church of Rome. "A fourth word I have to say concerning the stuff, as you contempt- uously call it. What stuff you ignorantly make of the word of God. For the rest of your expressions, which you charge upon us, you falsely apply them. We never called sermons of salvation, tales ; nor any ordinances of the Lord an abomination or vanity; nor holy ministers, necromancers. We honor, reverence and practice these things ; there- fore through guilt you falsify our intent. And, however, you term me a belcher out of error, I would have you to know that I hold my call to preach the Gospel of Christ not inferior to the call of any minister in the country, though I was not bred up in the schools of human learning; and I bless God that I never was, lest I had been drowned in pride through Aristotle's principals and other human philosophy. Yet this I doubt not of, but that there hath been as much true use made of the languages within this twenty years past for the opening of the Scripture in the place where I lived as hath been in any church in New England. When I was last in England through importunities I was persuaded to speak the word of God publicly in divers and eminent places as any were then in London ; and also about London and places more remote; many times the ministers of the place being hearers, and sometimes many together at appointed lectures in the country. I have spoken in the audience of ail sorts of people and personages under the title of a Bishop or a King; and was invited to speak in the presence of such as had the title of Excellency ; and I was lovingly embraced wherever I came, in the word uttered, with the most eminent Christians in the place. And for leave-taking at our departure, not unlike the ancient custom of the Saints upon record in the Holy Scriptures, and I daresay as evident testimony of God's power going forth with his word spoken, manifested as ever any in New England had, publicly and immediately after the words delivered; the people giving thanks to God that ever such came to be uttered among them; with entreatly to stay, and further manifestations, in as eminent places as are in England; whence myself did know the Doctors of note had formerly preached and at that time such as had more honors than ordinary preachers have; who gave me the call thither in way of loving Christian fellowship, the like abounding in the hearer. There- fore, I know not with what New England is leavened or spirited. Indeed, once in London three or four malignant persons caused me to be summoned before a committee of Parliament because I was not a universit}' man. I appeared and my accusers also, one of them a schoolmaster in Christ's Hospital, another or two Elders of independent or separated churches, who were questioned what they had against me. They said I had preached. Divers of the committee answered and said that was true, they had heard me. The chairman asked my accusers what I had said. They said I had spoken of cherubims, but they could not repeat anything; btit they said they were sure I had made the people of God sad. But the sum of all their accusations was brought out in a book which they said contained divers blasphemies. The book was only that which was printed concerning the proceedings of the Massachusetts against myself and others. The honorable committee took the book and looked over it and found no such thing there as they ignorantly suggested. Then my accusers desired Mr. Winslow might be called forth, whom they had procured to appear there, whom they thought would oppose me strongly with respect to the book. He spoke judiciously and manlike, desiring to be excused, for he had noth- PROVIDENCE AND RHODE ISLAND PLANTATIONS. 13J ing to say concerning me in that place ; his business with me lay before another committee of Parliament; which gave the Table good satis- faction. My answers and arguments were honorably taken by the chairman and the rest of the committee, and myself dismissed as a preacher of the Gospel. 1 r r- » • u " Some of you have upbraided us as not having the word of God with us because of our paucity. I think those called Quakers are as many as you; but I think them never the better for this multitude, nor the Papists who cover that part of the earth called Christendom. It hath ever been the way of the world to make itself great by multitude (Gen. X, 8, 9, 10; Hosea i, 7, 11) ; but Christ stilleth his flock to be little and his disciples few (I Cor. xvi, 19). "A fifth word I have to say is, in that you send the reader to a book printed by Edvv. Winslow for a more full and perfect intelligence. Mr. Winslow and myself had humanlike correspondence in England, and before the honorable committee which he referred himself unto; and not to wrong the dead, I saw nothing to the contrary but that I had as good acceptation in the eyes of that Committee as himself had, though he had a greater charter and a larger commission than myself had. I do not know or remember any particulars in that book, for since the publishing thereof I have always had my thoughts exercised about things of better and greater concernment. I saw it in London, but read but little of it ; and when I came over to these parts my_ ancient friend, Mr. John Brown, discoursing with me about those affairs in England, told me he had read such a book printed or put forth by Mr. Winslow. I told him I had seen it, but read very little of it. Mr. Brown, ^ you know, was a man approved among you and elsewhere (for aught I know' or ever heard) wherever he came; an Assistant in your govern- ment, a Commissioner for the United Colonies, etc., who thus spoke to me in our discourse. I will not pervert nor alter a word of the will or words of the dead. I say he affirmed this unto me, that he would maintain that there were forty lies printed in that book; and I doubt not but Mr. Brown's word and judgment in his time would have been acceptable and taken by any of you as authority regarding the book. Therefore add thy writing unto it if any spark of humanity be left, to inform your readers of the truth of things; or else take it to your- self that you are he who goes about to seduce and corrupt the m.inds of men with falsities. Warwick, June 30th, 1669. Samuel _ Gorton.'"" It is not known that Morton was wanting in the humanity to add the writing in acknowledgment of his errors, for such a writing could not at the time been published in the colonies, the only press then in the colonies being that which was under the control of the Massachusetts authorities. There were many people in Massachusetts and in Rhode Island v/ho felt the need of something to justify their history, and accordingly the truth as Gorton had made plain was suppressed, and the scandalous fiction of Morton was seized upon with avidity and copied and recopied in hundreds of thousands of books, and is to be found in all libraries having new England histories; while the truth, the letter of Gorton's here given, the writer could find but in one of the public libraries in the second largest of our cities. The circulation of INIorton's fable was so profuse'that it became the generally accented correct life sketch of Samuel Gorton. The following from Roger Williams was sent to Major Mason and the Court of Plymouth: "'When the next year after my banishment Tr. 7. The first printing press in R. I. 1745. Holmes' Annals. *R. I. 134 LIFE AND TIMES OF SAMUEL GORTON. (1636-1637) the Lord drew the bow of the Pequot war against the country in which Sir the Lord made yourself with others a blessed instrument of peace to all New England, I had my share of service to the whole land in that Pequot business inferior to very few that acted, for I upon letters received from the Governor and council at Boston, requesting me to use my utmost and speediest endeavors to break and hinder the league labored for by the Pequots against the Mohegans and Pequots against the English, the Lord helped me immediately to put my life into my hand. Three days and nights my business forced me to lodge and mix with the bloody Pequot ambassadors, whose hands and arms, we thought, wreaked with the blood of my countrymen, when God wondrously preserved me and helped me to break to pieces the Pequot negotiation. Considering (upon frequent exceptions against Providence men) that we had no authority for civil government, I went purposely to England, and upon my report and petition the Parlia- ment granted us a charter of government for these parts, so judged vacant on all hands. When at Portsmouth on Rhode Island some 01 ours, in a General Assembly (November, 1644) motioned their planting on this side Pawcatuck river, I, hearing that some of the Massachusetts reckoned this land theirs by conquest (from the Pequots). dissuaded from the motion until the matter should be amicably debated and com- posed ; for though I questioned not our right, etc., yet I feared it would be inexpedient and offensive and procreative of these heats and fires, to the dishonoring of the King's Majest}-. Some time after the Pequot war was closed in 1639, and our charter from the Parliament (March 14, 1643-4) the government of Massachusetts wrote (August 27, 1645) to myself, then Chief-ofificer in this colony, of their receiving of a patent from the Parliament for the then vacant lands, as an addition to the Massachusetts, etc., and thereupon requesting me to exercise no more authority, etc., for they wrote their charter was granted some few weeks before ours (Ante, p. — ). I returned what I believed righteous and weighty to the hands of my true friend, Mr. Winthrop, the first mover of my coming into these parts, and to that answer of mine I never received the least reply ; only it is certain that at Mr. Gorton's complaint (May, 1646) against the Massachusetts the Lord High Admiral, President, said openly in a full meeting of the Commissioners that he knew no other charter for these parts than what Mr. Williams had obtained, and he was sure that that charter which the Massachusetts Englishmen pretended had never passed the table. Upon our humble address by our agent, Mr. Clark, to his Majesty (1661), and his gracious promise to renew our former charter, Mr. Winthrop by some mistake had extended upon our line, and not only so. but, as it is said, upon the lines of other charters also. Put the King's Majesty sending his Commissioners (1664) to reconcile the differences of and to settle the bounds between the colonies, yourselves know how the King himself, therefore, hath given a decision to this controversy. Our grant is crowned with the King's extraordinary favor to this colony, as being a banished one, in which his Majestv declared himself that he would experiment, whether civil government could consist with such liberty of conscience. This his Majesty's grant was startled at by his Majesty's high officers of State, who were to view it in course before sealing, but fearing the lion's roaring they couched, against their wills, in obedience to his Majesty's pleasure. Some of yours, as I heard lately told tales to the Archbishop of Canterbury, viz. : That we are a profane people and do not keep the Sabbath, but some do plough, etc. But, PROVIDENCE AND RHODE ISLAND PLANTATIONS. 135 first, you told him not how we suffer freely all other persuasions, yea, the common prayer, which yourselves will not suffer.'" In 1675 Gorton received information that the Connecticut Indians intended to invade the Narragansett country. He had early, by his influence with the Narragansetts, prevailed upon them to observe peace, to abide the tribunal of the English government and refrain from avenging the death of their Chief; and he sent a request to Governor Winthrop of Connecticut that he would have the now intended invasion forbidden. Continuing upon the subject, Gorton writes: "My thoughts are in exercise concerning the policy of the English in these parts. People are apt in these days to give credit to every flying and false report, and not only so, but they will report it again, and by that means they become deceivers and tormentors of one another by speech and iealousies. There is a rumor that the Indians are in combination to "root out the English, which many fear (for my own part, I fear no such thing) as though God brought his people hither to destroy them. I rather fear our vain hopes groundless expectations, that they will become Christians, when they are invested with naught else but litteral principles and grounds of hypocrisy. The Gospel is of a purer nature than to consist in ornaments and telling of history without revealing the mystery thereof, which is Christ in his saints the hope of glory. I remember the time of the wars in Ireland (when I was young, in Queen Elizabeth's days of famous memory), when much English blood was spilt by a people like unto these, the Earl of Terrone being their leader, where n:any valiant soldiers lost their lives, divers noble men earnest for religion, v/hose names are upon my heart still; and in my latter days I have been in company with ancient preachers of God's word, men of God, now fallen asleep, v/ho have lamented the loss of some of those noble men (naming them) with weeping tears,_ having in their lifetime been intimate with them in religious and godlike con- cernments. I think we have no cause to suspect God's hand toward us in these parts, which hath removed us into a place more suitable for us, wherein the people are multiplied beyond thoughts of heart; and with all the natives decreasing by war among themselves and by dis- ease. If God make room by such means for the spreading of the English, it seems more suitable than the sword unto that royal leave which was granted to his subjects to plant themselves in these parts; and also to the charge given together with it, namely, that none of the English should take any lands from the natives without giving them satisfaction for it. And is it to be doubted that the not observing this charge is a great and universal grudge among the Indians at this day; while men take up lands and plant upon them as their own, without any retribution; at the least not to the Chief Sachems, if any small thing at all, to some base, inferior fellow, which makes the Sachems afraid lest by this means in short time they shall be spued out of the country for want of land to reside upon. And for aught that I have learned, this was the cause of that barbarous slaugther made of our friends at the Dutch plantations. Sir, my humble submission consists in my prayers to God for you and yours."" Rec, i, 457-460. Nar. Club Papers. "Rhode Island's Gift to the Nation," by Sidney S. Rider. =4th Mass, Collec, vii, 627. ^Arnold's Hist. 136 LIFE AND TIMES OF SAMUEL GORTON. CHAPTER XIX. The King Philip's War — The swamp battle — Capture of Philip's wife and son — The Narragansetts' extinction — Warwick destroyed — Providence and Paw- tuxet burned, and two of the family of Massachusetts ex-subject and Pawtuxet claimant slain. In 1675 began what is known as the Philip's war, the final conflict between the colonies and the Indians, which resulted in the latter's extermination. Though the Rhode Island and Providence Plantations hardly took an active part in it, her geographical position caused her to suffer more than the other colonies. Warwick being more exposed, was one of the chief sufferers. The storm had been gathering ever since the tragic death of Miantinomi. Although neither England nor Rhode Island could give the Narragansetts the expected redress, they, through the advice chiefly of Gorton and Williams and the friendship existing between them and the people of Providence, allowed the death of their Chief, Miantinomi, to pass unavenged.. But they were eventu- ally, and from circumstances that left them no honorable choice, forced into the conflict. Philip, the second son of Massasoit, was the Chief of the Wampanoags. His elder brother Wamsutta, who had succeeded his father as Sachem, had fallen under suspicion of the settlers, been seized and confined, from the effects of which, it was believed, he fell into a fever and died. Philip succeeded his brother as Sachem, and the English, suspecting him of plotting against them, charged him and with such proofs that he made a confession, and submitted to the dis- arming of all his people. Subsequently, a new exaction was made, requiring him to pay a £200 penalty, and not to sell land or make war without the consent of Plymouth. Philip, in a reply to a friend who tried to persuade him from the contemplated war, complained : " They tried my people by their own laws and assessed damages which they could not pay. Their land was taken. At length a line of division was agreed upon between the English and my people, and I myself was to be responsible. Sometimes the cattle of the English would come into the cornfields of my people, for they did not make fences like the English. I must then be seized and confined till I sold another tract of my country for satisfaction of all damages and costs. Thus tract after tract is gone; but a small part of the dominion of my ances- tors remains. I am determined not to live till I have no country." Acting upon this, he appealed to the sympathies and the recollections of wrong to the different tribes, and urged them to forget their ancient animosities and combine for restoring them to their liberties and their domain. He gathered around him a great body of warriors, joined with him most of the other tribes, and the general war was commenced. The Narragansetts remained neutral. They received with kindness, fed, clothed and nursed the old men, women, children and disabled warriors that took refuge with them. These acts drew down upon them the more the hostility of the English " and opened for them the gulf for their destruction." The Narragansetts were ordered to give them up; Canonchet, the son and successor of Miantinomi, refused, and a force of eleven hundred and thrity-five men, besides volunteers that joined it, marched through the towns of Providence and Warwick against them. On the next day. December nth, the army was on the march to the place where the Indians had taken refuge. Here occurred the celebrated " Swamp " battle. Upwards of two hundred of the English were killed and wounded. Within the enclosure or fort five hundred Indian wigwams were set on fire, in the flames of which PROVIDENCE AND RHODE ISLAND PLANTATIONS. 137 perished not less than three hundred of the sick and wounded, the infants and aged. The entire loss of the Indians in killed, wounded and prisoners was not less than one thousand, including those who perished in the burning wigwams. This was the principal and decisive battle, though afterwards there were several skirmishes and many towns were burned. About the middle of January one of the elder Sachems of the Narra- gansetts sent a message to General Winslow, requesting a month's delay in order to adjust the terms of peace; but he regarded this as an artifice to gain time, and shortly after, on January 27th, 1676, marched to the swamp where they were posted. They, anticipating his approach, abandoned this country, pursued by the English forces, and seventy of their people were captured and killed. Ten times in the course of 1676 the English swept the devoted region and rooted out all that dared to remain; all were killed, captured, or dispersed, many perishing miserably by famine. From the 27th of January, 1676, the day of the departure of the main body, the Narragansetts ceased to exist as a distinct people. They blended with the followers of Philip and shared his fortunes. Canonchet, the son of Miantinomi, the last grand Sachem of the Narragansetts, was captured in the month of April. He was offered his life if he would procure the submission of his tribe. This he refused to do. When told he must die, he replied : " I like it well. I shall die before my heart is soft, or I have said anything unworthy of myself." To insure the fidelity of the friendly tribes by committing them to a deed that would forever deter the Narragansetts from seeking their alliance, it was arranged that each of them should take a part in the execution. Accordingly, the Pequots shot him, the Mohegans cut off his head and quartered him, and the Natics, who joined the English, burned his body and sent his head as " a token of love and loyalty to the Commissioners at Hartford."^ July 2d " the English army marched to the south and surprised them in a cedar swamp near Warwick. A great slaughter ensued. IMangus, the old queen of the Narragansetts, a sister of Ningret, was taken and with ninety other captives was put to the sword. One hundred and seventy-one Indians fell in this massacre, without the loss of a single man of the English. Thence they scoured the country between Provi- dence and Warwick, killing many more." " Captain Church was commissioned by Governor Winthrop to pro- ceed with a volunteer force of two hundred men, chiefly Indians, to attack Philip in his retreat near Mount Hope. For several days they pursued the Indians from place to place, killing many and taking a large number of prisoners, among whom were Philip's wife and only son." Philip was subsequently pursued into a swamp, where he was shot through the heart by Alderman, an Indian, whose brother Philip had indignantly slain because he had counselled him to sue for peace. Thus perished Philip, who declared he would not live until he had no country. His head was sent to Plymouth, where it remained set up on a pole for twenty years; one hand was sent to Boston as a trophy, and the other was given to Alderman, who exhibited it for money. The body was quartered and hung upon four trees as a vivid illustra- tion of the barbarity of the age.* Philip's chief councillor, Anawon, escaped from the swamp with most of Philip's followers, but was a few days after captured by Capt. Church, who sent him alive to Ply- R. I., i, 411. Hubbard's Indian Wars, 157, 158, etc. *ist. Am. Ed. Magnalia, ii, 498, 499. Quartered with an axe. *Lands of R. Island, 138 LIFE AND TliMES OF SAMUEL GORTON. mouth, where he was shot. Most of the other captives who were con- spicuous for their bravery or position met a similar fate.° Quinapin, a cousin of Canonchct, and next in command to him in the great swamp fight, with his brother, was tried at Newport by a council of war and was shot. The young Metacomet, son of Philip, with many other captives, was sent to Spain and the West Indies, where they were sold as slaves. Until after the invasion of the Narragansetts, the people of Rhode Island appear not to have participated in the war with their Indian neighbors, and regarded it as at least of doubtful justice; but when commenced, it left them no choice. They subsequently so far followed the example of other colonies as to execute one if not two of the Narragansett under-Sachems as adherents of Philip, and to sell some of the captives, not as slaves for life, but as servants for a tc^vn of years.' To this sale some men who had been leaders in the liberal party agreed, but Gorton was not one of them; we never find him violating the unwavering principles of his character by engaging in so inconsistent an act.' The war was now at an end ; not a single free Narragansett remained in the country they had lately occupied. The Warwick settlers, from their exposed situation, had early' removed their stock and goods to Portsmouth ;' but their dwellings, all with the exception of one of stone, had been burned, every field had been laid waste, and the bridges as well as every other improvement destroyed; the people for the second time found a home on the island. Tradition says that Gorton was rowed by friendly Indians across the bay to a place of safety. Providence was burned, destroyed, only five houses remaining, and Pawtuxet also was burned ; and William Carpenter, one of the Pawtuxet partners, ex-subject of Massachusetts, who lived on land of Warwick, was despoiled of 200 sheep and 50 cattle, and two of his household were slain.'* CHAPTER XX. The Massachusetts court unable to longer delay obedience to the King's com- mands — They send Stouphton and Buckley to England — Rhode Island Assembly choose Danford and Baiiy, of Newport, as agents to England — Their departure delayed pending the suits of the Pawtuxet claimants — Trial of the Pawtuxan claims and verdict in their favor — Warwick men appeal, and resolve to carry a petition to England — Gorton, Greene and Holden again chosen to lay a peti- tion before His Majesty — Gorton's death — Greene and Holden depart immedi- ately with the petition — They procure from the King in council a stay of pro- ceeding? — A powerful petition — Its presentation by the Warwick men to the King — King orders the Massachusetts government to send other agents em- powered to negotiate a settlement and to repeal the obnoxious laws — They send Nowell and Richards — Quo-warranto issue summoning the corporation of Massachusetts to England — The Massachusetts charter pronounced void — King Charles the Second's death — Kins James' declaration under which the intolerant practices of the leagued colonies end. 175. Baylie's Hist. Plymouth, Pt. 3, p. 136. Hubbard's Indian Wars. Disjointed fingers and toes of Narragansett prisoner. "Judge Durfee's Works. R. I. Rec. ii. 549. ^Arnold's Hist. R. I., i, 419- Mackey's Life of Gorton. Gammel's TJfe of Williams, 140. R. I. Collec, v, 170. Most of the leaders of the liberal party opposed enslaving the captives ; we find Ralph Ear], a member of the 1639 Model Govt., actively opposing it. Portsmouth Rec, i, 70. R. I. Collec, ii, 152 and note. Church's Indian Wars, Boston, 184S, p. 51. •Directly after the hanging of Poagonet. R. I. Rec, ii. 519- °R- I- Rec, ii, 533. "Austin's Allied Families, 58. Foster Papers, R. I. Rec, n, S56, etc Hubbard's Ind. Wars, 214. Church's Philip's War. Lands of R- PROVIDENCE AND RHODE ISLAND PLANTATIONS. 139 Charles the Second had now for some time, at least since the time of the closing in 1667 of the work of his Commissioners, been absorbed with exciting questions at home to the unavoidable neglect of the colonies, during which interval, although the signification of his will respecting the bounds set by his Commissioners had been in some parts regarded by the Massachusetts Magistrates, his other wishes were not obeyed; and the Narragansetts, for whom he had undertaken to provide protec- tion, had been destroyed. But the continued complaints and urgent appeals to him from the neighboring colonies against the proceedings of the Massachusetts Bay rulers now awakened his renewed attention.* The Massachusetts Court, unable to longer delay in violation of the King's repeated commands" to send representatives to appear before him, on October 30th, 1676, sent Stoughton and Buckley to England.' The Rhode Island Assembly in May, 1677, chose Sanford and Baily, of Newport, agents to the government in England ;* but their departure was delayed pending the suits of the Pawtuxet claimants. Harris, having in the trials in behalf of the Pawtuxet claimants been unsuccessful, had in 1675 gone to England and laid a petition before the King. Harris petitioned for a commission of eight judges, two of whom should come from each of the four colonies of Plymouth, Massachusetts, Connecticut and Rhode Island, assisted by a jury of twelve men, two of whom should come from Plymouth, four from Massachusetts, three from Connecticut and three from Rhode Island; and a royal order granting Harris' petition was issued. Plymouth, Massachusetts and Connecticut had been possessed of much more than one-half of the entire colony of Rhode Island and had claims enough set up to cover the whole, and Harris was at this time in league also with Connecticut, acting as her agent in England in urging her claims against the colony of Rhode Island. Harris was at the same time in the pay of Connecticut for advancing her claims to Narragansett ; of Plymouth for advancing her claims to Providence and Pawtuxet ; and of the Rhode Island government — the Newport Cabal — for advancing his own and his partners' claims to Providence and Warwick ; the Pawtuxet partners being willing that any government should have juris- diction that would aid them in possessing the soil. A bill from Harris for his services was presented to the court at Newport on October 27th, 1662, and another for his service against the town of Warwick was presented to the court at Newport on November 17th, 1677.° Nine of the twelve jurymen came from Plymouth, Massachusetts and Connecti- cut colonies. These colonies wanted jurisdiction over these lands. Rhode Island seemed doomed. This court prepared for business in Boston and then adjourned to meet November 17th, 1677, in Provi- dence. Four days later the jury rendered their verdict in favor of Harris, sustaining the claims of the Pawtuxet party to the whole northern and western portions of the colony west of the line of separa- tion from Providence, which was recorded by them in Boston, and placed the running of the line as requested by Harris upon the town of Providence. A delay was effected by Providence denying the line to be run. The Warwick people, alarmed both at the success of the Pawtuxans and the claims urged by Connecticut to the Narragansett dominion, on the 29th of November' resolved to, at their own expense (any of the other to_wns contributing to it thr.t chose to), send the former potent Island. 'Ryerson's Loyalists of Amer., i, 187. 'Hutchinson's Papers, 210-510. 'Mass. Rec, v, 163. *R. I. Rec, ii, 580. "Preserved in the Mss. Arnold's Hist. R. I., i, 432-438. 'Arnold's Hist. 140 LIFE AND TIMES OF SAMUEL GORTON. agents of the colony' to lay a petition clearly reciting these causes to his Majesty for his determination. Gorton's death occurred on the loth of the next month, December, but Greene and liolden departed with the petition almost immediately thereafter. They were received by the King, as he had promised, with his most gracious favor, and forthwith procured from him in council a stay of the proceedings.' This order from the King, although not the final act, was nevertheless fatal to the claims of the Pawtuxans, for contemporary with this the political prestige of the party passed and Rhode Island was again saved from destruction. " Gorton and his companions triumphed at last. Rhode Island owes them a heavy debt."° The many orders of Parliament and of his royal hand and the express provisions of his charter, that the inhabitants of the Rhode Island and Providence Plantations should have perfect freedom to pass and repass without let or molestation into the other colonies, and to hold inter- course with such of their people as were willing, " any act, clause or sentence in any of the said colonies provided or that shall be provided to the contrary notwithstanding," and his letter with it expressly calling the Governor and council of Massachusetts to it and requiring their obedience, had been by the Massachusetts rulers to this day unheeded. In the hearing before the King and council the Warwick men at once fell upon Massachusetts and the Massachusetts agents " with great severity in a petition, relating the facts of the case, exposing the falla- cies of their opponents, repelling their attacks upon the loyalty of Rhode Island and adducing record proofs of the disloyalty of Massachu- setts," concluding with a series of requests ; first, that a Supreme Court of jurisdiction over all the colonics might be erected in New England, whereby equal justice might be rendered, boundary disputes adjusted and civil war, which must otherwise result from " the oppression of an insulting and tyrannical government," might be averted; second, that the royal letter of 1666, confirming the acts of the Commissioners in behalf of Rhode Island, might be renewed; third, that Connecticut might be compelled to restore the town of Westerly taken from Rhode Island by force ; and lastly, that the decisions of Massachusetts against Warwick men, especially the decree of banishment against them, now of thirty-five years' standing, might be annulled. The original of " this masterly State paper, as conclusive as it is severe,"'" is filed in the Bristish State Paper Office.' It is not printed in the Rhode Island Historical Collection, although it should he, as it is the only one of Rhode Island's papers preserved that is a fitting reply to the apologetical reply of Massachusetts. Rhode Island does herself injustice by publish- ing in her collection, as she does, one without the other. The petition was accompanied by various documents corroborating the position advanced by its authors. These documents are not all filed with the petition, but are scattered among other papers in the same and other volumes in the British State Paper Oflfice. Reference is made to a letter in answer to Gorton's addressed to the King which cannot be found, unless one of the letters, April 27th, 1678, December 13th, 1678, July 4th, 1679, and a peremptory order requiring the Massa- R. T., i, 434, 46.-!. 'Arnold's Hist., i, 4.U- 'Rider's R. I. IT. Tract, 2d Scr., No. 4. "Wm. D. Ely. John A. Howland, R. I. llist. Soc. Proceedings, 1887-88, 1890. Massachusetts owes him a heavy debt, for had the Providence Plantations been brouRht under their jurisdiction and the refu- gees surrendered to them, as they requested of Coddington, the early writers could not as they did justify all the disciplininp; acts, so great would have been their number. "Arnold's Hist., i, 446. 'New Eng. Papers, iii, 24-27. A portion of an address from Warwick men to King Charles the PROVIDENCE AND RHODE ISLAND PLANTATIONS. 141 chusetts Magistrates to revoke the order of banishment is that to which reference is intended. On April 27th, 1678, the King addressed the Massachusetts Court a letter of rebuke and instructions ; among the latter that the oath of allegiance as established by law in England be administered to all of the proper age.^ The Warwick men, who in point of talent had few or no superiors in the colony, showed themselves fully competent for the most difficult labors of defense or negotiation, and were fully employed in the defense of the rights of the colony. The Newport agents remained at home. An advertisement, dated July 30th, 1678, and signed by Simon Brad- street and others of Boston, styling themselves a company to dispose of the Narragansett lands, was posted in Newport and other towns; and Connecticut had petitioned to tlie King for a part of the Narragan- sett territory. The Warwick men were called upon to answer the averment of the petitioners. This they did with signal ability. The printed advertisement to dispose of the Narragansett land was presented by them to the Royal Council, and an order was at once issued for the Massachusetts agents to appear and show upon what title the lands v;ere claimed. The Massachusetts Agents informed the Council that it was a private claim. This admission, together with the representation of Greene and Holden in answer to the Connecticut petition, was embraced in an order of council issued the same day requiring that notice should be sent to New England to leave King's Province in its present condi- tion, and that those who claimed ownership or jurisdiction there should forthwith send agents to prove their right before the King. The following week a peremptory order was issued mmulling the sentence of banish- ment that had been passed by the Massachusetts Court against the Warwick people thirty-five years before, and commanding the said court to repeal the same and to allow those persons, at all times, free access within their jurisdiction. The terms of the order were unusu- ally decided and indicate a strong feeling of condemnation in the Royal Council at the arbitrary conduct of Massachusetts toward the adherents of Gorton.^ This was a gratifying advance toward ending the occasion for the complaints of the Rhode Island and Providence Plantations against Massachusetts and other colonies. The Warwick men were longer detained upon incidental matters of the colony, after effectually dispos- ing of which they returned home. The agents for the other colonies, not offering anything to induce their lordship to differ in opinion from that expressed in his order of December 13th, a decree was later issued declaring void all other than the Rhode Island and Providence Plantations claims.* The services of the Warwick men to the colony were rendered gratuitious ; and they neither asked or received any payment for their passage to England nor maintenance while there. After their return, the government at Newport voted them £45, which they had paid on the colony's account in England, and £15, the amount of their passage home.° Second in 5th Mass. Collec, i, 505. Callender's Discourse, R. I. Collec, iv, 92, mentions the address of Gorton to King Charles the Second, presented in 1679. Chalmers' Annals, Book i, ch. viii, 197, 198 ; ix, 273. ^Hutchinson's Papers, 515, 516, or ii, 253. Mass. Rec, v, 193. Reference thereto in R. I. Rec, iii, 62. 'Arnold's Hist., i, 452, 493. R. I. Rec, iii, 18, t,7, 41, 58, 60, 67. Original Pet. in British State Paper Office. New Eng. Papers, iii, 49. Order upon it xxxii, 312, ante p. ^Arnold's Hist., i, 505. R. I. Rec, V, 370-373. ''Arnold's Hist., i, 447 note ; R. I. Rec, iii, 47. July, 142 LIFE AND TIMES OF SAMUEL GORTON. The Massachusetts agents returned with a letter from the King to the Massachusetts Magistrates bearing date July 24th, 1679,* with com- mands to send over other agents within six months from the receipt of the letter, empowered to negotiate a settlement, to repeal all laws that were contrary to the laws of England, requiring suitable obedience in respect to freedom ,and liberty of conscience, and appointing Edward Randolph a collector and surveyor for the colonies. Another letter on September 30th, 1680, commanded obedience to the former letter, and that the representatives to attend his Council be sent within three months from the reception of the present order.' This letter led to the calling of a special court, and Samuel Nowell and John Richards were elected as agents to England, according to the King's commands; but with power so restricted as to render them incapable of giving satisfaction, and a writ of qiio-zvarranto was issued June 27th, 1683, summoning the Corporation of Massachusetts Bay to defend their acts against the complaints and charges made against them; and judgment was entered the next year pronouncing their charter void.* The person selected by the King to govern the people of the provinces was Pusey Kirk, but before his commission and instruction were com- pleted all was delayed by the demise of King Charles, vv^hich took place the 6th of February, 1685. Dudley was commissioned by the new King as Governor, with instruc- tions to give universal toleration of religion. Dudley was within seven months superseded by Andros, with instructions of a more stringent character, which instructions he fulfilled to the letter. It is singular that toleration in Massachusetts should have been proclaimed by the arbitrary James in a declaration above and contrary to the law for which he received the thanks of the ministers of that colony, but which resulted in the loss of his crown in England.' James' Declaration _ of Indulgence was proclaimed 1687, and now for the first time Quakers, Baptists and Episcopalians enjoyed tolera- tion in Massachusetts. That system or religious tyranny, coeval with the settlement of New England, thus unexpectedly received its death- blow from a Roman Catholic, who professed a willingness to allow religious freedom to others as a means of securing it for himself." CHAPTER XXI. Permanent return of Warwick people to their homes — The triumph of religious freedom and end of attempted subjugation of the Providence and Rhode Island lands and people — The adoption of their principles as the cardinal doctrine of the Nation — Closing events in Gorton's life — Honors accorded him — His char- acter and his teachings. It was in the spring of 1677, after the Indian war, that Gorton and his people again, and this time permanently, returned to Warwick, their home, a barren waste ; themselves, most of them, destitute of all earthly goods to start again, many of them now in their old age, at the foot, 1679. 'Hutchinson's Papers, 519-522, or ii, 257-261. Letter in Ryer- son's Loyalists of Amer., i, 187-189 notes. 'Ryerson's Loyalists of Amer., i, 193, 194. Hutchinson's Papers, 522-525, or ii, 261-264. "Loyalists of America, i, 207-210. 'Loyalists of Amer., i, 216. "Hildreth's Hist, of the U. S. of America, ist Ser., ii, 109. 'Arnold's Hist, i, 192. PROVIDENCE AND RHODE ISLAND PLANTATIONS. 143" the toiling rounds of life's ladder. With undaunted courage they set to rebuilding their dwellings. Yet suffering as they were from despolia- tion, few people were as happy as they who now enjoyed the triumph of the principles for which they had set apart their lives; unmolestedly laboring to rear for themselves comfortable abodes and surroundings, while worshipping God according to the dictates of their own con- sciences. In reviewing the efforts of Massachusetts to extend her jurisdiction and to attach to herself any residents of the Providence Plantations, and to lead the people in revolt against the charter, the claims of the other colonies and the great sufferings and trials that the people endured, the historian of Rhode Island says : " As we examine the progress of this deeply laid scheme and observe the steadiness with which it was pressed through a long series of years, we cannot but admire the firmness of our ancestors in foiling at every turn, nor can we fail to recognize the hand of a Supreme pov^^er in preserving a colony whose peculiar principles at first made it an object of aversion, and finally were adopted as the cardinal doctrine of a whole nation."^ On the 4th of June, 1677, Gorton was chosen to the Town Council of Warwick for the ensuing year, and his son Samuel was at the same time chosen Treasurer. On November 27th the father signed a deed of lands in the Narragansett country to his sons and his six daughters and their husbands ; and on Lhe 27th of November by another deed he divided the remainder of his estate among his three sons, Samuel, John and Benjamin. To Samuel for aid in supporting the family while he was absent in England he gives his homestead and library; he also committed to him the care of his mother, providing that she be main- tained with convenient housing and necessaries and that means should be furnished for her " recreation in case she desired to visit her friends.'" Before the close of the year, on or the days before the loth of December, the leader of these early struggling and liberty-loving people, Samuel Gorton, was called to his rest, he being eighty-five )fears of age. Ripe in years spent in good works, " always enjoying the confidence of his fellow-townsmen,"^ and " retaining to the close of his days the affectionate esteem of his fellows and fellow-citizens."^ " Gentle and sympathetic in private intercourse, generous and sympathetic in nature, he awarded to others the same liberty of thought and expression which he claimed for himself."* " He was universally beloved by all his neighbors and the Indians, who esteemed him not only as a friend, but one high in communion with God in heaven. Gorton was a holy man, wept day and night for the sins and blindness of the world ; his eyes were a fountain of tears and always full of tears; a man full of thought; had a long walk out through the trees or woods, where he constantly walked morning and evening, and even in the depth of night, alone by himself for contemplation."" In one of his last letters, that to Governor John Winthrop, Jr., of Connecticut, he mentions death with the request that it "be accompanied with a requiem at his departure, the burden of which should be this: 'that true Christian religion con- sists only in that wherein the soul of a believer continues still in com- munion with the Spirit of God in Christ, when the natural body is gone down to the grave.' "" -Warwick Records ; Austin's R. I. Genealog. Diet. ; Dr. Janes' " Samuel Gorton, a Forgotten Founder of Our Liberties." ^Chief Justice Staples' Int. to R. I. Collec, ii. Jared Sparks' Am. Biographies, ist Ser., xv. ^Oliver Payson Fuller. "Dr. Ezra Styles' acct. from the aged Mr. John Angel, R. I. Collec. •4th Ser. Mass. Collec, vii, 626. "Hon. Samuel 144 LIFE AND TIMES OF SAMUEL GORTON. " I have read almost every word that is legible of the records of the colony from its first settlement till after the death of Gorton. From the first establishment of the government he was almost constantly in office, and during a long life there is no instance of record to my knowl- edge of any reproach or censure cast upon him, no complaint against him, although history furnishes abundance of evidence that there was no lack of enemies to his person, principles or property. This can hardly be said of any other settler in the colony of any standing. It was this fact that fixed my opinion of the general tenor of his conduct and th.e uprightness of his character. I remember an instance in which he applied to be excused from serving in the Court of Commissioners, and assigned his long services as a reason. He constantly enjoyed the confidence of his fellow-townsmen and received from them the highest honors in their gift.'" " To the charge made against l.im by Morton he could truly as well as indignantly say: 'Whose ox or whose ass have I taken, or when or where have I lived upon other men's labors and not wrought with my ov/n hands for the things honest in the sight of men to eat my own bread?' None could gainsay him, although his reputation for morality as well as righteousness was laid broadly open and in the search for everything picked clean to the bone."^ "The whole tenor of his life shows that he was conscientious, sincere and in all matters of fact honest and truthful.'" " The com- munity in the midst of which he lived, trusted and honored him to the last, and few testimonials to integrity of character are better than this. It is a remarkable circumstance that he always retained the affection of his neighbors and friends. The few ' dissenting freemen ' of Warv.-ick never were his neighbors or friends, but were interloping enemies who followed him to Warwick to decry his virtues, to break up the settlement, to obtain his land. He generally succeeded in satis- fying the candid. That he must have been possessed of great and shin- ing virtues is sufficiently evident from the fidelity with which his early adherents followed through life his changing fortunes and by their never-failing confidence in his worthiness to fill public office of the highest trust and of the greatest importance to the general weal."" He was their chosen Representative to the Assembly in the years 1649. 51. 52, 55. 56, 57. 58, 59» 60, 62, 63, 64, 65, and 66; served a number of terms in the Upper House, corresponding to the present Senate; was Associate Judge of their highest court; and was their President or Governor for the term beginning in 1651 and ending in 1652. He was a multitude of times selected to audit the accounts of the colony, to care for the Lord Admiral's letters and other highly-prized documents, and more than any other man in the colony called upon to draw up important State papers, many of these now unfortunately no longer extant; and his old age was continually honored by the gift of the most important civil offices.' Sidney S. Rider, whose knowledge of these early men, obtained from a lifelong study of their works, is not exceeded by anyone living, says that Gorton was " one of the most learned men then living in New England" (Lands of Rhode Island, 201). In the languages, in the law and in letters he was exceedingly proficient. His early asso- ciations good; his wife as tenderly reared as any lady in the colony: her family educated and refined; her brother a college president, an Eddy in 2d Ed. SavaRe's Winthrop. 'Bryant's Hist. United States, ii, 68. "Col. Thos. Aspinwall in Remarks on Narragansett Patent. "Mackey. '2d Ed. Sparks' Am. Biog., Life of Samuel Gorton, v, 376. PROVIDENCE AND RHODE ISLAND PLANTATIONS. 145 excellent Latin poet. And their family relations with Gorton and with one another appear to have been the best, they sending to him and to their daugther the herds of fine-bred cattle— among the first in the colony— for the pastures about his pioneer home. Mr. Rider in his forthcoming "Constitutional History of Rhode Island" will show that Gorton had no intellectual superior in New England ; and that in courage he was not less than sublime. To Samuel Gorton, for his work in sus- taining and preserving the charter and government, Wililam D. Ely says: "Rhode Island owes him a great debt." During the year 1667 he had declined to again accept a government office, he then being seventy-five years of age. The year preceding his death his eldest son, Capt. Samuel, was chosen a Representative, and served in the House and in the Senate to defend the now constitutionally established principles of soul liberty for sixteen successive years. Under the order of the King's Commissioners, that the Governor and his Assistants or Magistrates should rule in the Narragansett Province, the latter was one of the Magistrates to govern there, and was one of tl-.e Court of Justice who sat in the Province. He was selected to oversee the laying out and allotment of the lands of East Greenwich, " that it be fairly done," was one of those selected to answer the twenty- seven questions sent from the Lords of his Majesty's Privy Council to the colonies, and for many years served upon the committees who drafted the colonies' letters to the King. Samuel Gorton has been honored also in the persons of his other sons and numerous of his descendants. His sons John and Capt. Benjamin were among the founders of the town of East Greenwich, those to whom the colony granted five thousand acres of land. Capt, Benjamin was a Repre- sentative in both the House and Senate. Gorton's grandson, Othniel, also was a Representative, and Othniel. Jr., was for seven full terms a member of the General Assembly from Warwick, and in 1761, in connection with Stephen Hopkins and Job Bennett, Esquires, was directed to prepare a reply to the questions which had been proposed by the Lords Commissioners of the Plantations; was Speaker of the House in 1787, and the same year was one of a committee to draft a letter from the colony to the American Congress. In June, 1788, he resigned his position in the Assembly and became Chief Justice of the Superior Court, which position he retained until May, 1791.* " General Nathaniel Greene, next to George Washington, the most eminent mili- tary leader in the contest with Great Britain, traced his lineage directly to John Greene and Samuel Gorton, noble founders of the liberties which he fought to sustain; as did also Colonel Christopher Greene of Revolutionary fame. Albert Gorton Greene, a descendant of John Greene, Samuel Gorton and Randall Holden, three of the original settlers of Warwick, became a judge of the Municipal Court in the city of Providence, and is well known to three generations as the author of ' Old Grimes " and other popular ballads and poems. The late Governor Henry Lippitt and the recent Chief Magistrate of Rhode Island, the Hon. Charles Warren Lippitt, as well as the late Lieutenant Governor, Samuel G. Arnold, the historian of the State, and the present Lieutenant Governor, Lewis S. Chanler, of New York, and the present Bishop, Henry C. Potter, of New York, are direct descendants of Samuel Gorton.'" Among his descendants are several each of United States Senators, Members of Congress, Major Generals, Governors of States, Judges of Supreme Court, Senators and Assemblymen, Church R. I. Records. »R. I. Hist. Tract, No. lo. »Dr. Janes in Samuel Gorton, a Forgotten Founder of Our Liberties." 'Oliver 146 LIFE AND TIMES OF SAMUEL GORTON. Bishops, and I^Ioderutors, Renowned Alissionaries, Distinguished Authors, Etc., representing nearly every State and Territory in the Union. Some scores of his descendants served with honor and distinction in the early wars, the Revolution, the war of 1812 with Great -Britian, the Civil War, and in the United States Congress, and very many of his living descendants are eminent in literature and the professions. His published works are: "Simplicity's Defense," "Incorruptible Key," " Saltmarsh," " The Common Plagues," and "Antidote Against Pharisaical Teachings.." A Commentary on the Lord's Prayer was left by him in manuscript, unpublished. One does not find in his published works any detailed system of faith ; he did not attempt to build up a sect or claim anything new in revela- tion or Scripture interpretation. His religious opinions, if peculiar then, are no more so now than exists in any congregation. " The essential gospel truths as held by the great body of evangelical Chris- tians of the present day are those that were held and preached by him."* He made but small account of the forms of religious worship and laid not much stress upon most of the dogmas of theology ; a right temper of heart being in his view the one thing needful, and the union of the believer with Christ in love the great saving doctrine of revelation.** A thorough study of his theological writings by one well qualified for an understanding and proper comparison of their teachings with the various systems has been made by Dr. Janes, President of the Brooklyn Ethical Association, whose exposition of them and conclusions regard- ing them he has published in his " Life of Samuel Gorton," to which the reader is referred, from which by permission we briefly quote in the following. : " By far the best and most complete exposition of Samuel Gorton's religious convictions is to be found in a remarkable manuscript in his own handwriting which has never been published, but which is preserved in the library of the Rhode Island Historical Society in Providence. The manuscript to which I refer is a running commentary on the Lord's Prayer. I have examined many papers of contemporary and more recent dates, but with the exception of those left by his eldest son, Capt. Samuel Gorton, who was evidently instructed by his father, and whose handwriting resembles his so closely as to be distinguishable from it with difficulty. I have never seen any so clear, systematic and scholarly in appearance. When the reader has searched dilligently beneath the quaint and involved phraseology, bristling with scriptural references and illustrations, and come into sympathetic contact with the living thought of the writer, the surprising thing which is discovered is the remarkable modernness of many of Samuel Gorton's ideas. It goes without saying that he was not ' orthodox,' according to the con- ventional standard of his time, nor yet, perhaps, of our own; but we everywhere touch the personality of a vigorous and independent thinker, who in many directions foreshadowed the views of the advanced thinkers of a later day. Some of his enemies denounced Samuel Gorton as an atheist. He was as remote as possible from atheistic leanings. He was not even affiliated with the deism of his own and the succeeding century. His theology was profoundly Christian. The Scripture references to the Father, Son and Holy Spirit he interprets as recognitions of ' spirit- ual distinctions in the nature of Christ.' They are not separate persons of a godhead, but distinctions of the divine activity, having a unity 'not found elsewhere, but only in Christ.* " With Channing Samuel Gorton also taught the essential divinity of human nature — the equal nearness of the divine spirit to the sinner and Payson Fuller, Hist. Wk., 303. 'Incorruptible Key, 73. •Com- PROVIDENCE AND RHODE ISLAND PLANTATIONS. 147 to the saint. He recognizes a divine spark in every human soul, and to this he made his appeal.' He also, however, accepted the eternal antagonism of good and evil as an unquestionable fact, both in scrip- tural teaching and in human experience. The tendency of the one is to eternal life; of the other to eternal death. He, therefore, taught a conditional immortality, wholly dependent upon the character of the individual. ' Neither can any salvation hold proportion with the son of God,' he says, ' but freedom from sin.' This saved him from the errors of Antinomianism.' The doctrine of imputed sin and imputed righteousness he denounces as unworthy of the divine character. * God was in Christ reconciling men unto himself, not imputing their sins.' Nor is this work of reconciliation limited to any historical period. ' God is eternally a creator, eternally a redeemer, eternally a conservator of peace.' The substance of his teaching is that righteousness is life eternal ; sin is eternal death. There is no arbitrary penalty inflicted at the close of man's earthly career, or on some future day of judgment; it is the intrinsic and natural result of evil action." Mr. Gorton distinguished four distinct stages in the historical develop- ment of religious ideas: the family, the national, the apostolic, and the spiritual or universal. Considering the period in which he wrote, and the fact that the Bible seems to have been almost his only text book, his conclusions are remarkably consistent with those of modern students of sociology and comparative religion. The temptation is great to continue this line of exposition and quo- tation, but I must bring it to a close with one or two additional passages further illustrative of the ethical quality of his thought. All virtue, he taught, even the goodness of God, consists wholly in the service of others. " The goodness of God's nature is such," he says, " that it cannot subsist or be without communicating itself with another; other- wise his goodness should be useless, which cannot be admitted for one moment of time, for there is an impossibility thereof. The natural temporary or typical goodness of any creature is useless unless it be communicated with another; God never made any creature in heaven or in earth simply for itself, but for the use of another; how infinitely more is this true of God, who hath made himself in Christ to be the goodness of the world." With Theodore Parker, he taught that the entire creative energy was expressed in the divine nature, to conceive which as purely masculine was inadequate, anthropomorphic and irrational ; and in one of the most striking passages in his Commentary on the Lord's Prayer he argues for the equal recognition of woman in the church, as a teacher of religion. In philosophy Samuel Gorton was an original thinker, rather than a student of past systems. In theology he was far in advance of the prevailing thought of his time. Only a few of the minor sects of our own day have yet approximated to his views as to the equal position of woman in the pulpit and the church ; only an occasional strong and independent mind has reached his conception of religion as a birthright of the individual soul, to which belongs the inalienable privilege of investigation and interpretation, free from priestly mediation and secta- rian bias." Regarding the Holy Ordinances, such as Baptism and the Lord's Supper, he scorns the Massachusetts Elders' charge that he denied them mentary Mss., ii, 14, 57. 'Gorton was not a follower of Annie Hutch- inson. " His theology was original and peculiarly his own." Commentary Mss., 58, Dr. Janes, 97. "' Samuel Gorton, a Forgotten Founder of Our Liberties," by Dr. Janes. "Incorruptible Key Introd. 148 LIFE AND TIMES OF SAMUEL GORTON. because he could not join with them in their way of administering, and say : " We revere and practice them." Regarding the law, " Not scrupling," he says, " any civil ordinance for the education, ordering or governing of any civil State." Regarding magistracy, " Keep the office,," he says, " according to sobriety within the compass of civil things."' "Authority," he says, " cannot safely be entrusted to Magistrates if their place of office be not bounded within the compass of civil things." He argues clearly and logically in the introduction to his " IncorruptTble Key " that if Magistrates are permitted to extend their authority to things spiritual they are consistently bound to enforce their own con- victions of religious duty, and to persecute all who dissent therefrom. The only safety is in forbidding them " to intermeddle between God and the consciences of men; in this way only is the preservation and honor of all States in their several ways of rule and government.""' One-fourth of the whole number of the original purchasers of War- wick were members of the First Church organized by Roger Williams at Providence; and Ezekiel Holman, also a member, and two others, William Arnold and Stuckley Westcott, also members — jiist one-half of the original members of Williams' church were early settlers of Warzvick.^ The last two were early dissenters from Williams' church and continuous disturbers of the peace of the Providence settlers, as well as of the quiet Warwickers. All the others of these joined Gorton in support of the government and in unyieldingly resisting every effort of violence, compromise or arbitration to bring them under any authority that would deprive them of their civil rights or religious freedom. " There is no evidence of their interfering in the affairs of their neigh- bors, or cultivating any differences among themselves ; on the contrary, no community on the continent were more sedulous in courting the good will and confidence of the natives and none practiced more forbearance and endurance under trials, such as are rarely paralleled."' It was within the short time of six months from the final return of the Warwickers, not more than a dozen of them, to their lands which were divested by the war of all improvements, in which short time they could not have erected more than three or four dwellings, that Gorton's death occurred. There had not been, therefore, an opportunity for the establishment of a church there before his death. For about five months only from the completion of the first dwelling was a meeting-house here provided him, wherein he conducted religious service, attended by the few Episcopalians, Quakers or Baptists, not a sufficient number of whom could agree to any one system for the organization of such a church.' Cotton Mather said of them that he could not learn they " were agreed or any one principal so much as this, that they were to give one another no disturbance in the exercise of religion."* They were stigmatized by their opponents, as also they " that crieth out much against them that putteth people to death for witches."" At this time " all professed to believe in witchcraft, excepting only those few enlight- ened philosophers who were branded as impious atheists.'" Gorton's advanced position upon the question of human slavery is here worthy of attention. It superseded by about one hundred years ^'Incorruptible Key, Rhode Island, 1645, Introduction. Samuel Gorton, Preston & Rounds, Publishers, Providence. 'Fuller's Hist. Warwick, 298. 'Dr. Henry E. Turner. 'Not until about fifty years after Gorton's death, in about 1725, was any denominational society, and that the Baptist, able to organize a church nt \Varwick. ''Cotton Matlier in Maq-nali, ii, 449. 'Wm. Arnold's letter, ante p. 'Pref. to OfFor's Ed. Increase Mather's Remarkable Providences. 'Dorr's Controversies with PROVIDENCE AND RHODE ISLAND PLANTATIONS. 149 other like legislation upon the subject. His treatment of the Quakers also may be alluded to as an illustration of his practical love of freedom. Although differing with them and strenuously opposing what he con- ceived to be their errors, he defended their rights and gladly gave them shelter. "After the venerable founder of Providence," says his biographer, " no man was more instrumental in establishing the foundation of equal civil rights and soul liberty in Rhode Island than Samuel Gorton." In his letter to Clark for presentation to the Lord Protector, Cromwell, he writes " to plead our cause in such sort as we may not be compelled to exercise any civil power over men's consciences, so long as human orders in point of civility are not corrupted and violated." He was possessed of more literary education than any of the founders save Williams. In law and politics he understood his rights better than did the Elders and Magistrates of Massachusetts; and he at all times showed the courage of his convictions, and he appeared to have asserted no propositions which he could not legally maintain.' Samuel G. Arnold regarded him as " one of the most remarkable men who ever lived.' His astuteness of mind and Biblical learning made him a formidable opponent of the Puritan heirarchy. By his bold example, by his written and spoken word he did much that should make his name ever freshly remembered by the friends of civil and religious liberty throughout the wide world.* Dr. Janes says : " No portrait or adequate description of this tor- gotten Founder of our Liberties has been handed down to our time. The writer of his brief biography tells us that ' his bearing was court- eous, his feelings lively, his mind vigorous and well informed.' From such' hints as we may obtain from various sources we may picture him as a man of tall stature, marked features and gentlemanly address; blue-eyed — a typical Saxon; of an earnest and sympathetic nature; persuasive of speech in conversation and exhortation, and freely empha- sizing his thoughts with appropriate gestures; quick to resent injustic, and bold in his denunciation of wrong-doers ; more eloquent and effective in his spontaneous utterances and unstudied efforts than in the formal and labored style of his written treatise." Judge Brayton says he was "a man of independent spirit, having a character for truth and honesty, for morality, for courtesy to all and for Christian charity; a quick sense of justice, earnest in the defense of the rights of others as well as of himself, whose boast it was that he never laid his hands in violence upon any human being, not even upon his children." Bryant says he was sympathetic and affectionate, and with all he was frank and above suspicion, his purity and sincerity unquestioned. The Boston Transcript in a recent article refers to him as " the sturdy Rhode Islander" and "a noble-minded patriot and thinker."^ No leader of any of the reform movements has inspired his followers with a higher degree of trust, confidence and affection. Chief Justice Durfee, in a discoure before the Rhode Island Historical Society, said: "Samuel Gorton, the chief man of the settlement of Shawomet, was a person of the most distinctive originality of character. He was a man of deep, strong feeling, keenly alive to every injury, though inflicted on the humblest of God's creatures. He was a great lover of soul liberty and hater of all shams. He was a learned map, self-educated, studious, comtemplative. a profound thinker, who, in his spiritual meditation amid ancient Warwick's primeval groves, wan- the Freeholders. 'John M. Mackey. 'John M. Mackey. 150 LIFE AND TIMES OF SAMUEL GORTON. dered off into infinite and eternal realities, forgetful of earth and all earthly relations. He did indeed clothe his thoughts at times in clouds, but then it was because they were too large for any other garment. No one, who shall rivet his attention upon them, shall fail to catch some glimpse of giant limb and joint and have some dim conception of the colossal form that is enshrouded within the mystic envelopment. Yet in common life no one was more plain, simple and unaffected than Gorton. That he was courteous, affable and eloquent his very enemies admit, and even grieviously complain of his seducing language. He was a man of courage, and, when aroused, no hero of the Iliad ever breathed language more impassioned or effective. Nothing is more probable than that such a man, in the presence of the Massachusetts Magistrates, felt his superiority and moved and spoke with somewhat more freedom than they deemed suited to their dignity. Far more sinned against than sinning, he bore adversity with heroic fortitude; and if he did not conquer, he yet finally baffled every effort of his enemies. The misfortunes and annoyances to which he was subjected exceeded in severity and duration that of any other of the prominent settlers of the colony, and through it all he bore himself in a manner that commands our admiration." The house that Gorton erected, and where he lived the nine months before he was taken captive to Boston, is supposed to have been shortly after destroyed. The house which he, upon his return from England and return to Warwick in 1648, erected and in which he lived until the King Philip's war in 1675, was, with every other there, destroyed. The house built and occupied by him during the few summer months between the time of his last return there and his death was about two miles distant from the first-mentioned spot. It lay at the head of a small cove which winds its way through pleasant meadows, a little distance inland from what was formerly called Cowesett, now Greenwich Bay. The house faced the water and had a southwestern exposure, whereby it was fanned in summer by refreshing breezes from the sea and was visited in winter by the warm air, fabled to blow from the Indian heaven. In other directions gently sloping hills sheltered it from tb.e inclemencies of a northern climate; a prattling brook, still skirted with the rem.ains of ancient elms, ran hard by, down the gradual declivity into the cove; and on both sides were spread out ample fields, the fertility of whose soil must have annually clothed them with variegated beauty, and the golden rewards of labor. No fairer spot can be found upr-n the Narra.q-ansett shores; none within whose quiet, sunny solitude the founder of Shawomet could better have spent the tranquil evening of his eventful and much harrassed life. Also upon the rising ground in the vicinity his aged eyes were often gladdened with the sight of the pleasant shores and placid waters of the bay and its numerous islands, of Mount Hope in the distance, of the heights of Providence in the north, and of the line of ocean glittering in sunlight on the southern horizon. Tradition says that part of the timbers and stone of Gorton's house are still preserved in the dwelling which stands near the site of the ancient household, and which is now inhabited by some of his descendants. It also points to the family burying-ground, lying a short distance in the rear of the house, as the place, " now without overarching tree or mound," where the hoary patriarch was interred. But the exact spot where his ashes repose is marked by no pious stone or monumental marble. Yet if without other honors, may it at least ever be their privilege to sleep beneath the green sward of a free State.* APPENDIX I. The first published account of the treatment of Gorton while on the island was by an English clergyman named Lechford, who passed some time in Massachusetts, but not in Rhode Island, and who, in the company of Hugh Peters, Thomas Weld, William Hibbins and John Win- throp, Jr., all Massachusetts agents, on August 3d, 1641, "loosed from Boston," in his book " Plain Dealings," issued from London, Eng., November i6th, 1641, in the words following: "There lately they whipped one Master Gorton, a grave man, for denying their power and abusing some of their Magistrates with uncivil terms. The Governor, Master Coddington, saying^ in court, you that are for the King lay hold on Gorton, and he again on the other side called forth, all you that are for the King lay hold on Coddington. Whereupon Gorton was banished from the island; so with his wife and children he went to Providence." On the page with this he tells us that deer in New England are " as big as some lions," that " barley there is inferior to the product in England," and that "beans also there are very good." " In many passages," writes Cotton, " Plain Dealings might be called false and fraudulent;" and he probably does not mean the ones refer- ring to the Massachusetts products. [3d Series Mass. Collection, iii, 55, 397; Cotton's Wavs of Cong. Churches Cleared, 71; Narragansett Club Papers, ii, 219,' note.] The second published account was by Winslow in 1646-7 in that part of his book Winthrop's Book of News in full, edited and improved. It is the anonymous account. The book contains also a copy of William Arnold's letter, a copy of Benedict Arnold's petition, a copy of the alleged letter of Roger Williams, and a copy of the paper drawn up for Winslow's use m England, called " The sum of the presentment of the grand jury " against Gorton, by Coddington. A portion of what appears to have been Wmthrops Book of News, including copies of portions of the Island Records which were " over the secretary's hand," and Coddington's letter naming some of the messengers who secured them, and calling attention to what Peters had written in, was published by Charles Dean, so lately as i8so with a companion article by himself, in which he unfairly ignores the fact that Gorton was one of the leaders and Magistrate m the Portsmouth government in 1639 and was still a Magistrate m 1644-1645 when Brown visited him. Dean also ignores the official records of certain events that are proof contrary to the drift of his reasoning. APPENDIX II. The paper " The sum of the presentment of the grand jury " was a fabulous writing of Coddington's, conceived by him in spite and for Winthrop's and Winslow's use to aid them in their fight against Gorton and the Williams charter in England. There is not any mention of a trial verdict, sentence or punishment of Gorton at any time in the records or in the copies of them which Coddington " furnished over the secretary's hand" to Winthrop and his agents. Up to the time of Coddington's reassumption of rule at Portsmouth, himself, the Judge and the Elders decided all complaints; he had no grand jury or petit jury [Mar. 10-12, 163Q-40; July, 1640; R. I. Reeds., i. 98, 103.] Under Hutchinson's government, the first to inaugurate regular courts, dispense with Elders and provide a jury, the Governor and his Assistants decided whether any complaints should be brought to the public courts. [Apr. 151 152 LIFE AND TIMES OF SAMUEL GORTON. 30, 1639; Rec. i, 71.] Upon Coddington's reassumption he and his Elders ordered his courts to consist of Magistrates and jury, as organ- ized by the Hutchinson government [Rec. i, 103], and further following their example, dropped the titles of Judge and Elders for that of Gov- ernor and Assistants invested with the office of Justice of the Peace, according to the law " that the Hutchinson government had adopted " [Rec. i, 100, loi]; but later Coddington and his court, heedless of the law and their agreement, ordered their court (Mar. 16-17, 1641-2) "to be held according to the ancient form and custom [Ante, p. — ], former orders contrary herewith made void," and Coddington again attempted with Elders to call any court either general or sessions. [Rec. i, 123.] Under Coddington the Sergeant [Rec. i, 65] or Secretary [Rec. i, 95, 96] was required to receive complaints and commend them to the Judge and Elders [Jan. 29, 1639-40; Rec. i, 103, 106, 124] ; and Codding- ton disposed with even this shortly. [Rec. i, iii, 123.] No such form as a Presentment or Indictment was practiced or understood at this time — the summer of 1640 — by Coddington and his court on Aquidneck Island under the Pentateuchal system. There were Coroners and Inquest Juries appointed to inquire into the manner of violent death ; but no court practice or provision for a Grand Jury for Indictment or the finding of a bill of particulars of complaints against the offenders to be presented to the court with the offenders for trial. The regular method of procedure was much like that before a Justice of the Peace or our Police Courts to-day, and this was all that was required in that sparsely settled village of less than seventy-five male inhabitants, where the court was comfortably held in the small room of some settler's little log dwelling. In Connecticut, while trial by jury was practiced early [Conn. Rec. i, 84, 90], the Grand Jury for Indictment was not adopted till September, 1643 [Conn. Rec. i, 91, 93], and there was no Grand Jury for Indictment in Rhode Island until the adoption of the code for the government under the 1643-4 charter. The minutes of appointments of some kind are inserted with the erroneous editorial date of 1643 iri the Bartlett records. They don't belong there; the men named in the appointments were not residents or freemen at that time, and not till many years after. The correct time and date of this was not before the Code, and after this not until in 1648 was the first Grand Jury for indictment called or required. [May and June, 1648; Rec. i, 209, 211.] With the Code was the process first provided that an accused or suspected person should be the subject of an inquest by a Grand Jury or a bill of counts of Indictment presented to the court for his trial. APPENDIX III. From the time of Samuel Gorton's return from England to the colony, 1648, until the time when Newport, outstripping the other towns in population and political influence, controlled the affairs of the colony, the records of his public life [even without the records of his Presi- dential term, 1651, which records were destroyed] show that there was no man in the colony more popular or given more honor, and that he was habitually placed on important legislative Committees, serving on more of them than any other person, where a knowledge of law and superior literary skill was required. The compiler of the printed Colonies Records has indexed to Gorton but a fraction of the Committees on which the records show he served, while others who the records show served on less than he are indexed on many more; and, too, the favored ones have their Committees named, while if they are indexed to Gorton PROVIDENCE AND RHODE ISLAND PLANTATIONS. 153 at all they are indexed by only the meaningless numerals of the page. Others on Committee with Gorton and to write to Cromwell and Clark are indexed to indicate it, while Gorton is not; and, agam, where Gorton is on Committee to write to Clark, he is not indexed on it at all. Begin- ning with Gorton's and Williams' appointment on Committee to write letters to Cromwell and Clark [beginning here because the records of Gorton's services preceding this are too nearly all destroyed to fairly compare with his contemporaries' records] from this appointment. Vol. i, p. 321, to the end of the volume, Gorton served on fourteen Comniittees, while nine were the most upon which service was rendered by the next most popular citizen. These are but a few of the many omissions of the records' compilers. The living disloyal ones of the State are, as of old, natural policticians, and succeed in obtaining places on the Committees selected for public work. The General Assembly recently printed, at the cost to the State, a pamphlet setting forth that Benedict Arnold, not Roger Williams, was the author of Sou Liberty, r Report, p. 30, 1901; Reply, Book Notes, Vol. 20, No. 7.] Will some such loyal State of Rhode Island and Providence Plantation man as were Judge Brayton, Judge Staples and Judge Durfee, and are William D Ely and Sidney S. Rider, write a history of the State. No proper truthful history of the State has ever been published. It is in justice due from the Legislature to its people that it places in all the important libraries of the United States a proper history of the State; tor at this late day few libraries contain any other books of this history than those by the old antagonistic writers. APPENDIX IV. The Deeds usually referred to as Wills : . t ,. I Samuel Gorton, with respect to the great affection I bear to my son- in-laws and daughters, do fully give to them all right, etc in that neck of land in Narragansett which was given unto Mr. Randall Holden and myself and do grant unto son Daniel Cole and daughter Maher one- sixth part (Also one-sixth) to son John Sanford and daughter Mary, son William Mace and daughter Sarah, son John Warner and daughter Anna son John Crandall and daughter Elizabeth, son Benjamin Barton and daughter Susannah, the bounds thereof being more largely ex- plained in the deed bearing date May 27, 1659. ^ Signed and sealed November 2-], 1677, in Warwick. Witnesses. JOHN GREENE, Assistant, RANDALL HOULDON, ^^^^^^ ^^^^^^ ^^ 3^ For good will, etc.-To son Samuel Gorton, Jr., being enlarged the more upon my mind by reason of his being instrumentally a g^eat sup- port un?o me to help bring up my family when my ^^-^^l^^^^rHrhf; etc • unto whom also I commit the care of my beloved wife during her widowhood, if she live to be a widow, and appoint that she shall be maintained &c.; also to have somewhat convenient for recreation in 154 PROVIDENCE AND RHODE ISLAND PLANTATIONS. case she desire to visit her friends . . in consideration of the prem- ises, to said son Samuel all right to my house and lot in Warwick, with appurtenances ; and, further, my right in township of Warwick . . and a patch of marsh which is mine, for maintaining the widow Eliza- beth Moore in her lifetime and for the charges of her decent burial. Also to son Samuel aforesaid one-third of my right of purchase be- yond township of Warwick, having given other two-thirds to sons John and Benjamin. I freely pass over all said lands as specified in the premises unto said son Samuel as well as the goods, moveables and chattels, and also my Library, together with all my deeds and writings. In witness whereof, etc., I have hereunto set my hand and seal this 27th day of November, 1677, Warwick. SAMUEL GORTON [L. S.]. Signed and sealed in presence of JOHN GREENE, Assistant. RANDALL HOULDON. THE ONLY HOUSE STANDING IN WARWICK IN 1677 The stone house and fortress, built in 1649, by President John Smith. It, after his death in 1664, passed from his widow's family, the Sweets, to Thomas Greene, who occupied it, and whose descend- ants lived in it for many generations, and who were from this styled the Stone Castle Greenes. This house and the house of Samuel Gorton which was built by him during the summer of 1677, were probably the only completed houses that were in Warwick at the time of Samuel Gorton's death, in Decem- ber. 1677. OCT 7 1901 1%'^'^ ; /,. ^A^ v^-^ LIBRARY OF CONGRESS 0014 111 1437 ^