gospell of our Lord Jesus Christ, with great industrie and expences have caused to be planted large Collonies of the English nation, in diverse parts of the world alltogether unmanured, and voyd of inhabitants, or occupied of the barbarous people that have no knowledge of divine worship. We being willing to provide a remedy for the tranquillity and quietnes of those people, and being very confidente of your faith and wisdom, justice and providente circomspection, have constituted you the aforesaid Archbishop of Counterburie, Lord Keeper of the Great Seale of England, the Archbishop of Yorke, etc. and any 5 or more, of you, our Comissioners; and to you, and any. 5. or more of you, we doe give and commite power for the govermente and safftie of the said collonies, drawen, or which, out of the English nation into those parts hereafter, shall be drawne, to make lawes, constitutions, and ordinances, pertaining ether to the publick state of these collonies, or the private profite of them; and concerning the lands, goods, debts, and succession in those parts, and how they shall demeane them selves, towards foraigne princes, and their people, or how they shall bear them selves towards us, and our subjects, as well in any foraine parts whatsoever, or on the seas in those parts, or in their returne sayling home; or which may pertaine to the clargie govermente, or to the cure of soules, among the people ther living, and exercising trade in those parts; by designing out congruente porcions arising in tithes, oblations, and other things ther, according to your sound discretions, in politicall and civill causes; and by haveing the advise of 2 or 3 bishops, for the setling, making, and ordering of the bussines, for the designeing of necessary ecclesiasticall, and clargie porcions, which you shall cause to be called, and taken to you. And to make provission against the violation of those laws, constitutions, and ordinances, by imposing penealties and mulcts, imprisonmente if ther be cause, and the quality of the offence doe require it, by deprivation of member, or life, to be inflicted. With power allso (our assente being had) to remove, and displace the governours or rulers of those collonies, for causes which to you shall seeme lawfull, and others in their stead to constitute; and require an accounte of their rule and govermente, and whom you shall finde culpable, either by deprivation from their place, or by impossition of a mulcte upon the goods of them in those parts to be levied, or banishmente from those provinces in which they have been gove[rno]r or otherwise to cashier according to the quantity of the offence. And to constitute judges, and magistrates politicall and civill, for civill causes and under the power and forme, which to you.5 or more of you shall seeme expediente. And judges and magistrates and dignities, to causes ecclesiasticall, and under the power and forme which

to you. 5. or more of you, with the bishops vicegerents (provided by the Archbishop of Counterbure for the time being), shall seeme expediente; and to ordaine courts, pretoriane and tribunall, as well ecclesiasticall, as çivill, of judgmentes; to detirmine of the formes and maner of procceedings in the and of appealing from them in matters and causes as well criminall, as civill, personall, reale, and mixte, and to their seats of justice, what may be equall and well ordered, and what crimes, faults, or excessess, of contracts or injuries ought to belonge to the Ecclesiasticall courte, and what to the civill courte, and seate of justice.

same;

Provided never the less, that the laws, ordinances, and constitutions of this kinde, shall not be put in execution, before our assent be had therunto in writing under our signet, signed at least, and this assente being had, and the same publikly proclaimed in the provinces in which they are to be executed, we will and command that those lawes, ordinances, and constitutions more fully to obtaine strength and be observed and shall be inviolably of all men whom they shall concerne.

Notwithstanding it shall be for you, or any 5 or more of you, (as is afforsaid,) allthough those lawes, constitutions, and ordinances shalbe proclaimed with our royall assente, to chainge, revocke, and abrogate them, and other new ones, in forme afforsaid, from time to time frame and make as afforesaid; and to new evills arissing, or new dangers, to apply new remedyes as is fitting, so often as to you it shall seeme expediente. Furthermore you shall understand that we have constituted you, and every ⚫5. or more of you, the afforesaid Archbishop of Counterburie, Thomas Lord Coventrie, Keeper of the Great Seale of England, Richard, Bishop of Yorke, Richard, Earle of Portland, Henery, Earle of Manchester, Thomas, Earle of Arundale and Surry, Edward, Earell of Dorsett, Francis Lord Cottinton, Sir Thomas Edwards [Edmonds], knighte, Sir Henry Vane, knight, Sir Francis Windebanke, knight, our comissioners to hear, and determine, according to your sound discretions, all maner of complaints either against those collonies, or their rulers, govenours, at the instance of the parties greeved, or at their accusation brought concerning injuries from hence, or from thence, betweene them, and their members to be moved, and to call the parties before you; and to the parties or to their procurators, from hence, or from thence being heard the full complemente of justice to be exhib[i]ted. Giving unto you, or any. 5. or more of you power, that if you shall find any of the colonies afforesaid, or any of the cheefe rulers upon the jurisdictions of others by unjust possession, or usurpation, or one against another making greevance, or in rebelion against

us, or withdrawing from our aleg[i]ance, or our comandaments, not obeying, consultation first with us in that case had, to cause those colonies, or the rulers of them, for the causes afforesaid, or for other just causes, either to returne to England, or to comand them to other places designed, even as according to your sounde discretions it shall seeme to stand with equitie, and justice, or necessitie. Moreover we doe give unto you, and any 5. or more of you, power and spetiall command over all the charters, leters patents, and rescripts royall, of the regions, provinces, ilands, or lands in foraigne parts, granted for raising colonies, to cause them to be brought before you, and the same being received, if any thing surrepticiously or unduly have been obtained, or that by the same priviledges, liberties, and prerogatives hurtfull to us, or to our crowne, or to foraigne princes, have been prejudicially suffered, or granted; the same being better made knowne unto you ·5. or more of you, to command them according to the laws and customs of England to be revoked, and to doe shuch other things, which to the profite and safgard of the aforesaid collonies, and of our subjects residente in the same, shall be necessary. And therfore we doe command you that aboute the premisses at days and times, which for these things you shall make provission, that you be diligente in attendance, as it becometh you; giveing in precepte also, andfirmly injoyning, we doe give command to all and singuler cheefe rulers of provinces into which the colonies afforesaid have been drawne, or shall be drawne, and concerning the collonies themselves, and concerning others, that have been interest therin, that they give atendance upon you, and be observante and obediente unto your warrants in those affaires, as often as, and even as in our name they shall be required, at their perill. In testimoney whereof, we have caused these our letters [to] be made pattente. Wittnes our selfe at Westminster the 28 day of Aprill, in the tenth year of our Raigne. By write from the privie seale,

Anno Dom: 1634.

WILLIES.

By these things it app[e]ars what troubles rise herupon, and how hard they were to be reconciled; for though they hear were hartily sorrie for what was fallen out, yet they conceived they were unjustly injuried, and provoked to what was done; and that their neigbours (haveing no jurisdiction over them) did more then was mete, thus to imprison one of theirs, and bind them to [202] their courte. But yet being assured of their Christian love, and per

swaded what was done was out of godly zeale, that religion might not suffer, nor sinne any way covered or borne with, espetially the guilte of blood, of which all should be very consciencious in any whom soever, they did indeavore to appease and satisfie them the best they could; first, by informing them the truth in all circomstances aboute the matter; 2ly, in being willing to refferr the case to any indifferante and equall hearing and judgmente of the thing hear, and to answere it els wher when they should be duly called therunto; and further they craved Mr. Winthrops, and other of the reve[ren]d magistrates ther, their advice and direction herein. This did mollifie their minds, and bring things to a good and comfortable issue in the end.

For they had this advice given them by Mr. Winthrop, and others concurring with him, that from their courte, they should write to the neigboure plantations, and espetially that of the lords, at Pascataway, and theirs of the Massachusets, to appointe some to give them meeting at some fitt place, to consulte and determine in this matter, so as the parties meeting might have full power to order and bind, etc. And that nothing be done to the infringing or prejudice of the liberties of any place. And for the clearing of conscience, the law of God is, that the preist['s] lips must be consulted with,' and therfore it was desired that the ministers of every plantation might be presente to give their advice in pointe of conscience. Though this course seemed dangerous to some, yet they were so well assured of the justice of their cause, and the equitie of their freinds, as they put them selves upon it, and appointed a time, of which they gave notice to the severall places a month before hand; viz. Massachusets, Salem, and Pascataway, or any other that they would give notice too, and disired them to produce any evidence they could in the case. The place for meeting was at Boston. But when the day and time came none appered, but some of the magistrates and ministers of the Massachusets, and their 1 Malachi, II. vii.

owne. Seeing none of Passcataway or other places came, (haveing been thus desired, and conveniente time given them for that end,) Mr. Winthrop and the rest said they could doe no more then they had done thus to requeste them, the blame must rest on them. So they fell into a fair debating of things them selves; and after all things had been fully opened and discussed, and the oppinione of each one demanded, both magistrates, and ministers, though they all could have wished these things had never been, yet they could not but lay the blame and guilt on Hockins owne head; and with all gave them shuch grave and godly exhortations and advice, as they thought meete, both for the presente and future; which they allso imbraced with love and thankfullnes, promising to indeavor to follow the same.1 And thus was this matter ended, and ther love

1 Winthrop gives an account of this meeting, under date July 19, 1634. “Mr. Bradford and Mr. Winslow, two of the magistrates of Plimouth, with Mr. [Ralf] Smith, their pastor, came to Boston by water, to confer with some of our magistrates and ministers about their case of Kenebeck. There met hereabout Mr. Winthrop, Mr. Cotton, and Mr. Wilson, and after they had sought the Lord, they fell first upon some passages which they had taken some offence at, but those were soon cleared. Then for the matter itself, it fell into these two points: I, whether their right of trade there were such, as they might lawfully hinder others from coming there; 2, admitting that, whether in point of conscience, they might so far stand upon their right as to take away or hazard any man's life in defence of it.

"For the first, their right appeared to be good; for that, besides the king's grant, they had taken up that place as vacuum domicilium, and so had continued, without interruption or claim of any of the natives, for divers years; and also had, by their charge and providence, drawn down thither the greatest part of the trade, by carrying wampampeage thither, which none of the English had known the use of before. For the second, they alleged, that their servant did kill Hockin to save other of their men, whom he was ready to have shot. Yet they acknowledged, that they did hold themselves under guilt of the breach of the sixth commandment, in that they did hazard man's life for such a cause, and did not rather wait to preserve their right by other means, which they rather acknowledged, because they wished it were not done; and hereafter they would be careful to prevent the like.

"The governour [Dudley] and Mr. Winthrop wrote their letters in to England to mediate their peace, and sent them by Mr. Winslow." History, 1. *136.

This does not appear to have closed the incident, as on September 19, Bradford