And that none shall suffer as aforesaid, without being brought to answer by due course and process of Law.

“5. And that all Cases, whither Capital, Criminal, or between man and man, be Tried by a Jury of twelve good and lawful men, accord- All Trials to be ing to the Commendable custome of England, except where by Jury. some express Law doth referre it to the judgment of some other Judg or Inferiour Court where Jury is not; in which Case also, any party agrieved, may Appeal and have Trial by a Jury.

"And it shall be in the liberty of any person, that is to be tried by aJuryto challenge any of the Jurors, and if the challenge be found With liberty to just and reasonable by the Bench, it shall be allowed, and others challenge any of the jury. without just exception shall be Impanelld in their room: And if it be in case of Life and Death, the Prisoner shall have liberty (according to the Law of England) to except against twenty of the Jury without giving any reason for the same.

"6. That no Person shall be Cast, Condemned or Sentenced in any Case Capital, Civil or Criminal without the testimony of two suffi- What testimony cient Witnesses, or other sufficient Evidence, or Circumstances required in cases. equivalent thereunto, unless in any particular Case the Law hath otherways provided.

"7. And it is Enacted; Being the Priviledge of our Charter; That all Persons of the Age of twenty one Years, of right understanding and Power to make memory, whether Excommunicated, Condemned, or other, Wills. having any Estate properly theirs to dispose of, shall have Power and Liberty to make their reasonable Wills and Testaments, and other lawful Alienations of their Lands and Estates; be it only here excepted, That such as are sentenced for Treason against the King's Majesty, or Realm of England, or other Capital crimes, shall forfeit to the King or ColAn Exception. ony, for the carrying on the Charge of Government, their personal Estate: Their Lands and real Estate being still at their disposal. "8. That whereas the great and known end of the first Comers in the year of our Lord, 1620. leaving their dear Native Country, and all The great end of that was dear to them there; transporting of themselves over our coming into this Wilderness the vast Ocean, into this remote wast Wilderness, and therein was Liberty to willingly conflicting with Dangers, Losses, Hardships and Dis- enjoy the pure worship of God tresses, sore, and not a few, Was, that without offence, they without offence under the protection of their Native Prince, together with the to others. enlargement of his Majesties Dominion, might with the liberty of a good Con

science enjoy the pure Scriptural worship of God, without the mixture of humane inventions and impositions; and that their Children after them might walk in the Holy wayes of the Lord: And for which end they obtained leave from King James of happy Memory, and His Honourable Council: with farther Grants from His Gracious Majesty, Charles the I. and His Honourable Council, by Letters, Patents for sundry Tracts of Land, with many Priviledges therein contained for their better Encouragement to proceed on in so Pious a Work, which may especially tend to the propagation of Religion, etc. as by Letters, Patents more at large appeareth; with further assurance also of the continuance of our Liberties and Priviledges, both Civil and Religious under the Royal hand and Seal of our Soveraign Lord King Charles the II. And whereas by the good hand of our God upon us, many others since the first comers, are for the same end come unto us, and sundry others rise up amongst us, desirous with all good Conscience, to walk in the Faith and Order of the Gospel, whereby there are many Churches gathered amongst us, walking according thereunto: And whereas (by the Grace of God) we have now had above sixty Years experience of the good consistancy of these Churches, with Loyalty to our Prince, civil Peace and Order, and also with spiritual Edification, together with the welfare and tranquility of the Government.

"It is therefore for the honour of God, and the propagation of Religion, and the continued welfare of this Colony, Ordered by this Court and the AuThe Churches of thority thereof, That the said Churches already Gathered, or Christ to be pro- that shall be orderly Gathered, may and shall from time to time tected. by this Government be Protected and Incouraged in their peaceable and orderly walking, and the faithful, able, orthodox Teaching Ministry And the Minis- thereof duely incouraged and provided for: together with such ters of the Gos- other orthodox, able Dispensers of the Gospel, which shall or pel to be provided for.

may be placed in any Township in this Government, where there is or may be defect of Church Order.

"9. And finally, It is Ordered and Declared by this Court and the Authority thereof, that all these aforegoing Orders and Constitutions are so All the foregoing Fundamentally Essential to the just Rights, Liberties, ComFundamentals inviolably to be mon Good, and Special End of this Colony, as that they shall preserved. and ought to be inviolably preserved."

The tendency of legislation on the punishment of crime had been the same in the several Colonies. Coming from the same country, and adopting for the most part what the English statutory laws provided, they intro

duced some novel features due to their intense hatred of what they held to be sin or to their material surroundings. Some immoralities which in England fell under the discipline of the ecclesiastical courts, and were usually punishable by a fine, public confession or an act of public penance, in the colonies were punishable by death. The series of enactments which passed in Massachusetts and were embodied in the "Liberties of the Massachusets Colonie in New England" of 1641, were in the main adopted in the other colonies. In 1644 the Commissioners of the United Colonies recommended that a verdict or sentence of a court in one jurisdiction should have a due respect in any other court through the colonies unless better evidence or some just cause should appear to alter or make void the original decision. Plymouth Col. Rec., 1x. 24. Compare the "full faith and credit" clause in the Constitution of the United States, Art 4. § I.

bondron

Hoffelly
hill

wild frim lice Bw. Winslow

Jo pocook (Jphn Borx

ADVENTURERS IN IRON WORKS AT BRAINTREE

I

Anno Dom: 1637·'

N the fore parte of this year, the Pequents fell openly upon the

English at Conightecute, in the lower parts of the river, and

slew sundry of them, (as they were at work in the feilds,) both men and women, to the great terrour of the rest; and wente away in great pride and triumph, with many high threats.2 They allso assalted a fort at the rivers mouth, though strong and well defended; and though they did not their prevaile, yet it struck them with much fear and astonishmente to see their bould attempts in the face of danger; which made them in all places to stand upon their gard, and to prepare for resistance, and ernestly to solissite their freinds and confedrates in the Bay of Massachusets to send them speedy aide, for they looked for more forcible assaults. Mr. Vane, being then Gov[erno]r, write from their Generall Courte to

1 This year Bradford was again called to the office of chief magistrate, and Edward Winslow, Timothy Hatherley, John Alden, William Collier, Thomas Prence, Myles Standish, and John Jenny were chosen assistants. Plymouth Col. Rec., 1. 48.

2 Watertown [Wethersfield], Conn., was attacked by Indians who surprised some of the inhabitants unguarded in the fields. They killed six men and three women, and carried away two maids. The Pequots were the offenders. Winthrop, History, 1. *218. See also Hooker's letter to Winthrop in 4 Mass. Hist. Collections, vi. 388. The three settlements on the river had now changed their names, Watertown becoming Wethersfield; Newtown, Hartford; and Dorchester, Windsor. The relative importance may be measured by the call made, in May, 1637, upon them for men to serve in the expedition against the Pequots; of ninety men, Hartford was to furnish forty-two, Windsor, thirty, and Wethersfield, eighteen. Conn. Col. Rec., 1. 9.

Saybrook fort.

Henry Vane, the younger (1613-1662), was elected governor of Massachusetts in March, 1636. The Pequot outbreak took place during his official period. With the assistance of Roger Williams he negotiated a treaty of peace with the Narragansetts (Winthrop, 1. *198), but becoming embroiled in the so-called antinomian controversy, after the expiration of his official

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them hear, to joyne with them in this warr; to which they were cordially willing, but tooke opportunitie to write to them aboute some former things, as well as presente, considerable hereaboute.1

year he left the colony, returning to England, August 3, 1637. Hosmer, Life of Young Sir Harry Vane; Dictionary of National Biography, LVIII. 116.

1 Winslow was sent to the Bay, in May, 1637, by the Governor and Council of New Plymouth, to treat about joint operations against the Pequots. He had authority to express their willingness to coöperate, but nothing could be done until the meeting of the General Court on June 7. "Then he made some objections: as, 1. Our refusal to aid them against the French. 2. Our people's trading at Kenebeck. 3. The injury offered them at Connecticut by those of Windsor, in taking away their land there. 4. Their own poverty, and our ability, which needed not any help from them.

"To this answer was made by our governour [Vane] and deputy [Winthrop]: that, 1. We did not desire them to afford aid unto us, but to join against the common enemy, who, if he were not subdued, would prove as dangerous to them as to us, and, he prevailing, would cause all the Indians in the country to join to root out all the English. 2. For our refusal to aid them against the French, the case was not alike, for it was their private quarrel, and they were supposed to have commission from the King of France, and we thought it no wisdom for us to engage ourselves in a war with the King of France; yet we acknowledged some failing in it. For our people's trading at Kenebeck, we answered, that we gave no allowance to it, nor had we heard of more than a boat or two that had been there. For the injury done them at Connecticut, we had dealt with them to give satisfaction, but it was not in our power to do them justice in it. He alleged also, that this war did not concern them, seeing the Pequods had not killed any of theirs. We answered, that Capt. Stone, etc., for whom this war was begun, were none of ours neither. He alleged further, that, in our first undertaking, they were not acquainted with it till two or three days before our forces were to go forth. We answered, we intended at the first to send only to Block Island, and for that we thought it not needful to trouble them, and our sending them thence to the Pequods was with hope to draw them to parley, and so to some quiet end. We concluded to write further to them from our next court. And whereas they propounded to have us promise to aid them in all their occasions, etc., we answered, that, seeing, when we now treated with them about joining with us, they were at liberty and might withhold, except they saw reason to move them; so we desired to be left free, that we might judge of the reason of any such occasion as might fall out. According hereunto we writ to them the 20th of the 3d. month." Winthrop, History, 1. *218. In the interval between Winslow's mission and May 20, Winthrop had succeeded Vane as governor. The letter which follows is, therefore, his production. "The truth is," wrote Winslow upon his return to New Plymouth, and ten days after the conference in Boston, "if onece they [the Indians] be routed we know their courage will