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Churches, and glory of God, as we are ready upon the hearing of the Court to make it appeare; We humbly sue to this honoured Court to be pleased to grant us an honourable and free hearing, and that we may have liberty to plead our common Liberties in this Court, together with the liberties of the Churches of Christ maintained. And we shall ever pray for your peace and prosperity long to continue.

For which Petition being fined 100. 1. and the Marshal sent to Hingham to levy the said Fine: Mr. Hubbard the Minister of that town being one of them that was fined, the Marshal coming to his house to levy part thereof, produced this effect as followeth taken out of their Records.

THE RELATION.

THE He 18. of the first Moneth, 1645. the Marshall going to gather 100. 1. in Fines of divers Inhabitants of Hingham, as they were set by the Generall Court, in the 3. or 4. moneth past; came to Mr. Peter Hubbard, who desiring to see his Warrant, which the Marshall shewing him, upon a sight of it Mr. Hubbard said the Warrant was insufficient, being not sent out in his Majesties name, he being sworne to the Crown of England; and said that they had sent into England unto his Friends the busines, and expected shortly an answer and advice from thence: And that our Government here was not more then a Corporation in England, and that we had not power to put men to death by vertue of the Patent, nor to do some other things we did; and that for himself, he had neither horn nor hoofe of his own, nor any thing wherewith to buy his children cloaths, And he wished that the Magistrates would take some course that the Ministers might be better provided for, and he wondered by what order or rule the Ministers were deprived of their Tythes; but if he must pay it, he would pay it in Books, but that he knew not for what they were fined, unlesse it were for Petitioning; and if they were so waspish they might not be Petitioned, then he could not tell what to say, (about thirty or forty being present.) And further, that he had seriously considered what they had done, and he could not see

any

any thing that they had done amisse, for which they should be Fined.

Increase Nowel, Secret.

THE TRIAL BY THE COVRT.

The names of the Jury-men at the Quarter-Court, the 2. of

the 4. Moneth, 1646.

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WE do find, that Mr. Peter Hubbard of Hingham, being a

Free-man of this Jurisdiction, and having taken the Oath of fidelity thereunto: seeming notwithstanding to be evil-affected to the Government here established; In and upon the 18. day of the first Moneth last past, at Hingham aforesaid, in the presence of about thirty persons, did utter divers speeches which are upon record, tending to sedition and contempt of the said Government, contrary to the law of God, and peace and welfare of the Country.

Upon which Return of the Jury, the Court fined him Twenty pounds, and bound him in Forty pounds to be of good behaviour. and to appeare at next Quarter-Court; and Mr. Peck bound himself in twenty pounds, for the good behaviour and appearance of Mr. Peter Hubbard at the next Quarter-Court.

Increase Nowel, Secret.

The Court at this Triall was kept by these personsMr. Winthrop Governour, Mr. Dudley Deputy-governour, Mr. Pelham, Mr. Flint, Mr. Hibbins, Mr. Nowel, Mr. Bellingham, Mr. Broadstreet. Only Mr. Bellingham and Mr. Broadstreet required their Dissent to be recorded.

Το

To the Worshipfull, the GOVERNOUR, the Deputy-governour, and the rest of the Assistants of the Massachusets Bay in NewEngland, together with the Deputies

of the generall Court now assem-
bled in Boston.

The Remonstrance and humble Petition of us whose Names are here under-written, in the behalf of our selves and divers within this Jurisdiction.

Umbly sheweth, That we cannot but with all thankfulnesse acknowledge your indefatigable pains, continuall care, and constant vigilancie, which (by the blessing of the Almighty) hath procured unto this Wildernesse the much desired fruits of Peace and Plenty; while our native Land, yea the Christian ́ world is sharply afflicted with the devouring Sword, and the sad consequents of Intestine wars. And further, That you whom the Lord hath placed at the helm of these Plantations, and endowed with eminent gifts fit for such honourable callings, are best able to foresee the clouds which hang over our heads, the storms and tempests which threaten this poor Handfull here planted; and timously to amend them. Notwithstanding, those who are under decks, being at present unfit for higher imployments, may perceive those Leaks which will inevitably sink this weak and ill compacted Vessell, if not by your Wisdoms opportunely prevented.

nay

rather

We therefore in the behalf of our selves and divers of our Countrymen, laying our hands on our breasts, and seriously considering, That the hand of our good God who through his goodnesse hath safely brought us and ours through the great Ocean, and planted us here, seems not now to be with us, against us, blasting all our designs, though contrived with much deliberation, undertaken with great care, and proceeding with more then ordinary probability of succesfull events; by which many of good estates are brought to the brinks of extreme poverty; yea, at this time laying His just hand upon our families, taking many away to himself, striking others with unwonted malignant sicknesses and noysome shamefull discases: Have thought it convenient,

convenient, with all respectivenesse, to present these our sincere requests and Remonstrance to this honoured Court, hoping we have found out the speciall Leaks, which concurring with the many and great Sins of this place, (which our Consciences know, and our Brethren of England are not ignorant of) are the special causes of the Lords turning his face from us, leaving us to our selves, and consequently to strife, contention, unfaithfulnesse, idlenesse, and other lamentable failings, not blessing us in any of our endeavours, so as to give us any great hopes of Staple-commodities, and consequently of comfortable subsistence; though we to the utmost of our powers these many years, even to the exhausting of our estates and spirits, have endeavoured the same: but contrariwise all things grow worse and worse, even to the threatning (in our apprehensions) of no lesse then finall ruine. Not doubting but you will receive these our Requests and Remonstrance with the same candor of mind, which we, not aiming at novelty and disturbance, but at the glory of God, our allegiance to the State of England, and good of these poor Plantations, (if our hearts deceive us not) present them unto you; though for want of skill and other necessary helps roughly drawn up; and hope that you will be more diligent in amending, then we in the searching out the causes of these our present calamities, &c. Not to trouble you (who are imployed in the most serious affaires of these Plantations) with many words, wee shall briefly referre them to these Heads

1. Whereas this place hath been planted by the incouragements (next under God) of Letters Patents given and granted by His Majesty of England to the Inhabitants hereof, with many priviledges and immunities, viz. Incorporation into a Company, liberty of choosing Governours, setling Government, making Laws not repugnant to the Laws of England, power of administring the Oath of Allegiance to all, &c. as by the said Letters Patents more largely appeareth. Notwithstanding we cannot according to our judgements cleerly discern a setled form of Government according to the Fundamentall lawes of England; which may seem strange to our Country-men, yea to the whole World, especially considering we are all English. Neither do we so understand or perceive our own Lawes or Liberties, or any Body of Lawes here so established, as that thereby there may be a sure and comfortable enjoyment of our Lives, Liberties and Estates, according to our due Naturall rights, as Free-born subjects of the English nation. By which

many

many inconveniences flow into these Plantations, viz. Jealousies of introducing Arbitrary Government, (which many are prone to believe) construing the procrastination of such setled Lawes, to proceed from an overgreedy spirit of Arbitrary power (which it may be is their weaknesse) such proceedings being most detestable to our English Nation, and to all good men, and at present a chief cause of the intestine War in our dear Country. Further it gives cause to many, to think themselves hardly dealt with, others too much favoured, and the scale of Justice too much bowed and unequally ballanced: From whence also proceedeth feares and jealousies of illegall Commitments, unjust Imprisonments, Taxes, Rates, Customes, Levies, of ungrounded and undoing Assesments, unjustifiable Presses, undue Fines, unmeasurable Expences and Charges, of unconceivable dangers through a Negative or destructive Vote unduly placed, or not well regulated; in a word, of a Non-certainty of all things we enjoy, whether lives, liberties or estates; as also of undue Oaths, being subject to exposition according to the will of him or them that gives them, and not according to a due and unbowed rule of Law, which is the true Interpreter of all Oaths to all men, whether Judge, or Judged.

Wherefore our humble desire and request is, That you would be pleased to consider of our present condition, and upon what foundation we stand; and unanimously concurre to establish the Fundamentall and wholsome Lawes of our native Country, and such others as are no way repugnant to them, unto which all of us are most accustomed, and we suppose them best agreeable to our English tempers, and your selves obliged thereunto by the Generall Charter, and your Oaths of Allegiance: neither can we tell whether the Lord hath blest many in these Parts with such eminent Political gifts, so as to contrive better Lawes and Customes, than the Wisest of our Nation have with great consideration composed, and by many hundred years experience have found most equall and just; which have procured to the Nation much honour and renown amongst strangers, and long peace and tranquility amongst themselves. And for the more strict and due observation and execution of the said Lawes by all Ministers of Justice, that there may be a setled Rule for them to walk by in cases of Judicature, from which if they swerve, there may be some Power setled, according to the Lawes of England, that may call them to account for their Delinquencie, which may be a good means to prevent divers unnecessary Appeals into England.

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