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application and representation to the king for the obtaining a general settlement of all properties (which would have been highly worthy and generous for the governor to have engaged in, on behalf of the people) or by some other ways that were proposed. But nothing but the way of particular patenting as abovesaid could prevail. In prosecution whereof all actions intended upon informations of intrusions in his majesty's behalf, or between old proprietors and new grantees must have had their decision at the ordinary courts of common law here upon the place where matters of equity and of a consideration transcending all ordinary cases could not have a proper cognizance and due influence in the decision, determination and judgment.
6. Though sufficient courts of justice were appointed, and held in the several counties for the trial of all offenders, yet it was too frequent upon more particular displeasure to fetch up persons from very remote counties before the governor and council at Boston (who were the highest, and a constant court of record and judicature) not to receive their tryal but only to be examined there, and so remitted to an inferior court to be farther proceeded against. The grievance of which court was exceeding great, for hereby not only the charge was made excessive upon such persons by the notorious exactions of the messenger, the secretary's fees for examination, fyc. But these examinations themselves were unreasonably strict, and rigorous and very unduly ensnaring to plain unexperienced men. And the trials of several, were by this means over-ruled to be at Boston, and not in the proper counties, and were otherwise so far prejudged as to be rendered less equal.
The extraordinary oppressive fees taken in all matters by indigent and exacting officers, these were at the first for a long time arbitrarily imposed and required without any colour of an establishment of them by the council. Afterwards a committee was appointed,'to bring in a table of fees, that spent along time without finishing any thing, the reason whereof was because some therein especially the deputy secretary West, insisted upon fees much more extraordinary than some others could consent to. In conclusion; there was a table of fees drawn up to be presented to the council, and signed by someof the committee, one of whom, (whose subscription is to this paper) declaring expresly, that by his signing he did no otherwise agree, but only that it might be presented to the council, to do therein as they
should should see cause, who also when it was so presented to the council, declared that many of the particulars in that table contained, were unreasonable, and ought to be abated, and of this mind were many others. But the entry after the usual manner was an approbation thereof.
Lastly. As to those great jealousies and suspicions of sinister designs in the governor as to our troubles by the Indians, we have to say, That although divers things too uncertain, if not untrue have been too easily reported and spread concerning him, a practice which some of us have formerly with no little prejudice to ourselves discountenanced and borne testimony against: yet there have not wanted some other particulars that might give too great a ground for the same. The principal of them (as far as we have any knowledge of things of that kind) are these.
The governor's seizing and taking away the goods of Monsieur St.Castine oj Penopscot, the summer before the war broke forth, which thing hath been esteemed not a little to have stirred up and furthered the succeeding troubles. The governor's not hastening his return to Boston when these troubles were actually begun, but lengthening out his tarrience in places so remote till the hostility of the Indians, and the great mischiefs thereof were too far advanced. That during his absence he was not pleased sufficiently to impower and instruct any to act things necessary for the safety of the out plantations and the prosecution and suppression of the enemy, tho' he had speedy and true accounts from time to time sent him of all that happened. That all that was done to this purpose in a case of such necessity, either by the lieutenant governor, or by the justices of the peace, and military officers in many places, by securing and disarming of neighbouring Indians, setting up, warding and watching, garrisoning several houses for the security of the inhabitants, especially the women and children, in case of sudden inroads and surprizings that might be, sending some relief of men to some places that were most in danger, and also what was done by those members of the council that were at Boston in conjunction with the commander in chief left in the fort there, who raised and sent some forces to Casco-Bay, where greatest harms were done. We say, that all that was thus done, was so extreamly disapproved of by the governor upon his return back from Albany and New- York, and an unaccountable displeasure manifested against all persons that had so acted, and that he
was was ready to call them to an account as high offenders for the same, and refused a long time, though much solicited, to give any order concerning the soldiers sent to Casco, either for the continuance of them there, where they were very necessary, or for their dismission home. Unto all which may be added the governor's sending messengers both John Smith the quaker from Albany, and soon after Major Macgregory to Keybeck upon such errands and business as were not communicated and laid open to the council. And further, his release and setting at liberty sundry Indians that were in hold, some of them known enemies to the English, and particularly objected against by several of the council, and that without any exchange of our English captives then in the enemies hands.
These are the chief matters which upon this occasion (without any undue prejudice against any man, or design to justify the defects of ourselves in the performance of our own shares of duty, but in answer to the desire signified to us as above) we have to set forth, professing truly that by such a state of things as we had the experience and feeling of, the places that we held were rendered exceeding uneasy to us, and that out of a sincere respect to the prosperity of these their majesties plantations, we could not but be very desirous that through the favour of God and our superiors, all due redress might in a good happy season be obtained; and the way of governing English subjects in their majesties dominions without an assembly of the people's representatives banished out of the world for ever.
William Stoughton, Thomas Hinckley, Boston in New-England, Wart. Winthrop,
Jan. 27, 1690. Barthol. Gedney,
Together with the
Gentlemen, Merchants, and Inhabitants of BOSTON, and the Country adjacent. April 18. 1689.
Written by Mr. NATHANAEL B YFIELD,
a Merchant of Brittol in New-England, to his Friends in London.
LICENSED, June 27. 16S9. J. Fraser.
Printed for UiC, (CljisiUcU, at the Rose and Crown in St. Faiifs Church-Yard. MDCLXXXIX.