a pari naturall lusts of men towards children under age are so to be punished.

6. Circumstantiæ variant vis e actuines, (saith the lawiers,) and circomstances in these cases cannot possibly be all reck[o]ned up; but God hath given laws for those causes and cases that are of greatest momente, by which others are to be judged of, as in the differance betwixte chanc[e] medley, and willfull murder; so in the sins of uncleannes, it is one thing to doe an acte of uncleannes by sudden temptation, and another to lye in waite for it, yea, to make a commune practise of it; this mightily augments and multiplies the sin. Againe, some sinnes of this nature are simple, others compound, as that is simple adultrie, or inceste, or simple sodomie; but when ther is a mixture of diverce kinds of lust, as when adultery and sodomie and perditio seminis goe togeather in the same acte of uncleannes, this is capitall, double, and trible. Againe, when adultrie or sodomie is commited by professors or church members, I fear it comes too near the sine of the preists daughters, forbidden, and comanded to be punished, Levit: 21. 9. besides the presumption of the sinnes of shuch. Againe, when uncleannes is comited with those whose chastity they are bound to preserve, this comes very nere the incestious copulation, I feare; but I must hasten to the other questions. [248]

2. Question the second, upon the pointe of examination, how farr a magistrate may extracte a confession from a delinquente to accuse him selfe in a capitall crime, seeing Nemo tenetur prodere seipsum.

Ans: The words of the question may be understood of extracting a confession from a delinquente either by oath or bodily tormente. If it be mente of extracting by requiring an oath, (ex officio, as some call it,) and that in capitall crimes, I fear it is not safe, nor warented by Gods word, to extracte a confession from a delinquente by an oath in matters of life and death. (1.) Because the practise in the Scriptures is other wise, as in the case of Achan, Jos: 7. 9 [19]. Give, I pray you, glorie to the Lord God of Israll, and make a confession to him, and tell me how thou hast done. He did not compell him to sweare. So when as Johnathans life was indangered, 1. Sam. 14. 43. Saule said unto Johnathan, Tell me what thou hast done; he did not require an oath. And notable is that, Jer: 38. 14. Jeremiah was charged by

Zedechias, who said, I will aske the a thing, hide it not from me; and Jeremiah said, If I declare it unto ye, wilt thou not surely put me to death? impl[y]ing that, in case of death, he would have refused to answer him. (2.) Reason shews it, and experience; Job: 2. 4. Skin for skin, etc. It is to be feared that those words (what soever a man hath) will comprehend also the conscience of an oath, and the fear of God, and all care of religion; therfore for laying a snare before the guiltie, I think it ought not to be donn. But now, if the question be mente of inflicting bodyly torments to extracte a confession from a mallefactor, I conceive that in maters of higest consequence, shuch as doe conceirne the saftie or ruine of states or countries, magistrates may proceede so farr to bodily torments, as racks, hote-irons, etc., to extracte a conffession, espetially wher presumptions are strounge; but otherwise by no means. God sometimes hides a sinner till his wickednes is filled up.

Question 3. In what cases of capitall crimes, one witnes with other circumstances shall be sufficente to convicte, or is ther no conviction without.2. witneses?

Ans: Deut: 19. 25 [15]. God hath given an express rule that in no case one witness shall arise in judgmente, espetially not in capitall cases God would not put our lives into the power of any one tounge. Besides, by the examination of more wittneses agreeing or disagreeing, any falshood ordenarilly may be discovered; but this is to be understood of one witnes of another; but if a man witnes against him selfe, his owne testimony is sufficente, as in the case of the Amalakite, 2. Sam: 1. 16. Againe, when ther are sure and certaine signes and evidences by circumstances, ther needs no witnes in this case, as in the bussines of Adoniah desiring Abishage the Shunamite to wife, that therby he might make way for him selfe unto the kingdome, 1. King: 2. 23, 24. Againe, probably by many concurring circumstances, if probabillity may have the strength of a witnes, somthing may be this way gathered, me thinks, from Sallomons judging betweexte the true mother, and the harlote, 1. King. 3. 25. Lastly, I see no cause why in waighty matters, in defecte of witneses and other proofes, we may not have recourse to a lott, as in the case of Achan, Josu: 7. 16. which is a clearer way in shuch doubtfull cases (it being solemnely and religiously

performed) then any other that I know, if it be made the last refuge. But all this under correction.

The Lord in mercie directe and prosper the desires of his servants that desire to walk before him in truth and righteousnes in the administration of justice, and give them wisdome and largnes of harte. CHARLES CHAUNCY.

Besides the occation before mentioned in these writings concerning the abuse of those.2. children, they had aboute the same time a case of buggerie fell out amongst them, which occasioned these questions, to which these answers have been made.

And after the time of the writing of these things befell a very sadd accidente of the like foule nature in this govermente, this very year, which I shall now relate. Ther was a youth whose name was Thomas Granger; he was servant to an honest man of Duxbery,1 being aboute. 16. or. 17. years of age. (His father and mother lived at the same time at Sityate.) He was this year detected of buggery (and indicted for the same) with a mare, a cowe, tow goats, five sheep, .2. calves, and a turkey. Horrible [249] it is to mention, but the truth of the historie requires it. He was first discovered by one that accidentally saw his lewd practise towards the mare. (I forbear perticulers.) Being upon it examined and committed, in the end he not only confest the fact with that beast at that time, but sundrie times before, and at severall times with all the rest of the forenamed in his indictmente; and this his free-confession was not only in private to the magistrates, (though at first he strived to deney it,) but to sundrie, both ministers and others, and afterwards, upon his indictemente, to the whole court and jury; and confirmed it at his execution. And wheras some of the sheep could not . so well be knowne by his description of them, others with them were brought before him, and he declared which were they, and which were not. And accordingly he was cast by the jury, and con

1 Love Brewster, a son of the Elder.

demned, and after executed about the 8. of Sept[ember,] 1642.1 A very sade spectakle it was; for first the mare, and then the cowe, and the rest of the lesser catle, were kild before his face, according to the law, Levit: 20 .15. and then he him selfe was executed. The catle were all cast into a great and large pitte that was digged of purposs for them, and no use made of any part of them.

Upon the examenation of this person, and also of a former that had made some sodomiticall attempts upon another, it being demanded of them how they came first to the knowledge and practice of shuch wickednes, the one confessed he had long used it in old England; and this youth last spoaken of said he was taught it by an other that had heard of shuch things from some in England when he was ther, and they kept catle togeather. By which it appears how one wicked person may infecte many; and what care all ought to have what servants they bring into their families.

But it may be demanded how came it to pass that so many wicked persons and profane people should so quickly come over into this land, and mixe them selves amongst them? seeing it was religious men that begane the work, and they came for religions sake. I confess this may be marveilled at, at least in time to come, when the reasons therof should not be knowne; and the more because here was so many hardships and wants mett withall. I shall therfore indeavor to give some answer hereunto. 1. And first, according to that in the gospell, it is ever to be remembred that wher the Lord begins to sow good seed, ther the envious man will endeavore to sow tares. 2. Men being to come over into a wildernes, in which much labour and servise was to be done aboute building and planting, etc., shuch as wanted help in that respecte, when they could not have shuch as they would, were glad to take shuch as they could; and so, many untoward servants, sundry of

1 The criminal was hanged. He left a wife and children. The account of John Holmes, messenger, showed items as follows: "For x weeks dyett for Granger £1., and for executing Granger and viij beasts, £2.10.0." Plymouth Col. Rec., 11. 51.

them proved, that were thus brought over, both men and women kind; who, when their times were expired, became families of them selves, which gave increase hereunto. 3. An other and a maine reason hearof was, that men, finding so many godly disposed persons willing to come into these parts, some begane to make a trade of it, to transeport passengers and their goods, and hired ships for that end; and then, to make up their fraight and advance their profite, cared not who the persons were, so they had money to pay them. And by this means the cuntrie became pestered with many unworthy persons, who, being come over, crept into one place or other. 4. Againe, the Lords blesing usually following his people, as well in outward as spirituall things, (though afflictions be mixed withall,) doe make many to adhear to the people of God, as many followed Christ, for the loaves sake, John 6. 26. and a mixed multitud came into the willdernes with the people of God out of Eagipte of old, Exod. 12. 38. 5. So allso many were sente by their freinds some under hope that they would be made better; others that they might be eased of shuch burthens, and they kept from shame at home that would necessarily follow their dissolute courses. And thus, by one means or other, in 20 years time, it is a question whether the greater part be not growne the worser? [250]

I am now come to the conclusion of that long and tedious bussines betweene the partners hear, and them in England, the which I shall manifest by their owne letters as followeth, in shuch parts of them as are pertinente to the same.

Mr. Sherleys to Mr. Attwood.

Mr. Attwood, my approved loving freind: Your letter of the 18. of October last I have received, wherin I find you have taken a great deall of paines and care aboute that troublesome bussines betwixte our Plimoth partners and freinds, and us hear, and have deeply ingaged your selfe, for which complements and words are no reall satisfaction, etc. For the agreemente you have made with Mr. Brad