USA > Massachusetts > Middlesex County > Cambridge > History of Cambridge, Massachusetts. 1630-1877. With a genealogical register > Part 9
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In their answer to the King's letter, after expressing thankful- ness for his confirmation of the charter, the Court say : " As
1 Mass. Col. Rec., iv. (ii.) 37. Loyalty to the king was held to be qualified or modified by the provisions of the char- ter; two examples are preserved in the Mass. Archives, evi. 132, 133. " Daniel Gookin, before he took the oath of allegi- ance in Court, May 24th, 1665, did openly and plainly declare that in taking that oath he would be so understood as not to infringe the liberty and privileges granted . in his Majesty's royal charter to the Governor and Company of Massachusetts,
whereof he is a member, and unto which he is sworn formerly. Boston the 24th of May, 1665. DANIEL GOOKIN."
" Before I take the oath of allegiance to his Majesty, which I am ready to do, I do declare that I will be so under- stood as not to infringe the liberty and privileges granted in his Majesty's royal charter to this Colony of the Massachu- setts. THOMAS DANFORTH, 26 (3) 1665."
2 Mass. Col. Rec., iv. (ii.) 58.
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CIVIL HISTORY.
touching the further purport of the letter, we have this particular account to give, viz : for the repealing of all laws here established since the late changes, contrary and derogatory to his Majesty's authority and government, we having considered thereof, are not conscious to any of that tendency. Concerning the oath of alle- giance, we are readily to attend to it as formerly, according to the charter. Touching the administration of justice in his Majes- ties name, hath been done, the practice whereof, which was dis- continued in the late changes, is now reassumed. Concerning liberty to use the common Prayer Book, none as yet among us have appeared to desire it. Touching administration of the sac- raments, this matter hath been under consideration of a synod, orderly called, the result whereof our last General Court com- mended to the several congregations, and we hope will have a tendency to general satisfaction. In reference to our elections of magistrates, we humbly answer, that it hath always been, and is, great care and endeavor, that men of wisdom, virtue and integ- rity be chosen to places of trust ; and to that end, that such as vote in elections should be orthodox in religion, virtuous (and not vicious) in conversation, and all those that according to the orders and customs of the colony liere established, agreeable to the provisions of our charter, having proved themselves to be such in their places where they live, have from time to time been admitted in our elections ; and if anything yet remain to be acted by us respecting the premises, it is under consideration among us to that end. We humbly desire your honor will be pleased to assure his Majesty of the loyalty and good affection of his sub- jects here, they resting secure in their charter and his Majesty's gracious aspect towards them." 1
This letter, manifesting the same spirit which was exhibited a hundred years afterwards, - personal loyalty to the King, but an unwillingness to submit to the arbitrary government of a Council or Parliament in which they were not represented, - was not satisfactory to the English Government ; and after some further correspondence, a board of commissioners, consisting of Col. Richard Nichols, Sir Robert Carr, George Cartwright, Esq., and Samuel Maverick, Esq., was appointed in 1664, to visit the New England Colonies and enforce their subjection. A long controversy, shrewdly managed on the part of the Court, resulted in the departure of the commissioners without having accom- plished their object. The inhabitants of Cambridge were not
1 Danforth Papers, in Coll. Mass. Hist. Soc., xviii. 47, 48.
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HISTORY OF CAMBRIDGE.
backward in rendering encouragement to their magistrates. At a special session, commencing Oct. 19, 1664, - " The Court being met together and informed that several persons, inhab- itants of Cambridge, were at the door and desiring liberty to make known their errand, were called in, and Mr. Edward Jack- son, Mr. Richard Jackson, Mr. Edward Oakes, and Deacon Stone, coming before the Court, presented a petition from the inhab- itants of Cambridge, which was subscribed by very many hands, in which they testified and declared their good content and satis- faction they took and had in the present government in church and commonwealth, with their resolution to be assisting to and encouraging the same, and humbly desiring all means might be used for the continuance and preservation thereof: and at the same time and the next day several petitions of like nature from Wooborne, Dorchester, Redding, Chelmsford, Concord, Billirrikey, Boston, Dedham, and Meadfield, and also one from several inhabitants of Roxbury, all which are on file."1 The Cambridge petition is here inserted, partly on account of its patriotic spirit, and partly to preserve the list of names appended to it : -
"To the honoured Generall Court of Massachusetts Colonie. The humble representation of the inhabitants of the towne of Cambridg.
" For as much as we have heard that theire have beene repre- sentations made unto his Maiesty conserning divisions among us and dissatisfactions about the present goverment of this colonie ; we whose names are under written, the inhabitants and house- holders of the towne above mentioned, doe hearby testify our un- animous satisfaction in and adhearing to the present government so long and orderly estableshed, and our earnest desire of the con- tinuance theirof and of all the liberties and privileges pertaining theirunto which are contained in the charter granted by King James and King Charles the First of famous memory, under the encouredgment and security of which charter we or our fathers ventered over the ocean into this wildernesse through great hazards, charges, and difficulties ; and we humbly desire our hon- ored General Court would addresse themselves by humble petition to his Maiesty for his royall favour in the continuance of the pres-
1 Mass. Col. Rec., iv. (ii ) 136, 137. Archives to the Judicial Court Files for The Cambridge petition, for some reason, Suffolk County, in the Court House, has been removed from the Massachusetts Boston.
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CIVIL HISTORY.
ent estableshment and of all the previleges theirof, and that we may not be subjected to the arbitrary power of any who are not chosen by this people according to theire patent,
" Cambridg the 17th of the 8. 1664.
" CHARLES CHAUNCY.
ROBERT STEDMAN.
EDWARD OAKES.
THOMAS CHENY.
SAMLL ANDREWE.
WILLYAM X HEALLY.
JONATHAN MITCHELL.
JOIIN PALFRAY.
ELIJAH CORLETT.
FFRANCIS MOORE, sen".
RICHARD CHAMPNY.
JOHN GOVE.
EDMUND FROST.
WILL X MICHELSON.
GREGORY STONE.
EDWARD HALL.
JOHN BRIDGE.
WILLIAM BARRETT.
JOHN STEDMAN.
JOIIN HOLMAN.
FFRANCIS WHITMOR.
WILL. BORDMAN.
RICHARD JACKSON.
ZACHARYE HICKS.
EDWARD SHEPHARD.
SAMLL MANNING.
GILBERT X CRACBON.
RICHARD CUTTER.
JOIIN FISENDEN.
JOHN GREEN. FFRA. MOORE, jun".
ABRAHAM ERRINGTOON.
JOHN X ADAMS.
HUMFRY BRADSHA.
BEINIMAN CRACKBONE.
JOHN GIBSON.
JOHN MARRITT.
RICHARD HASSELL.
NATHANELL HANCOCKE.
DANILL KEMPSTER.
WILLYAM TOWN.
THOMAS X FOX.
ABRAHAM HOLMAN.
GEORGE X WILLIS.
JOHN SHEPHARD.
THOMAS X HALL.
SAMUELL FROST.
RICHARD DANA.
WALTER HASTING.
NICOLAS X WYTHE.
NATH. GREEN.
THOMAS CHESHOLM.
ESTER GOSSOM.
SAMUEL GREEN.
PETER TOWNE.
THO. SWETMAN.
EDWARD MITCHELLSON.
RICHARD ROBINS.
ANDREW BELCHER.
WILLIAM DIKSONE.
EDMUND ANGIER.
RICHARD ECCLES.
RICHARD PARK.
THOMAS LONGHORNE.
JOSEPH COOKE.
JOHN WATSONN.
JERMIE FISMAN.
ROGER X BUKK.
JOHN TALLER.
ANDREW X STEVENSON.
DANIEL CHEEAVER.
JOHN X PARENTS.
JOIIN ELIOT.
JAMES HUBBARD.
EDWARD JACKSON.
ROBERT X WILSON.
SAMUELL HADEN.
ROB. X PARKER.
JOIIN JACKSON.
JOHN X BOUTTELL.
GREGORY COOKE.
JOHN COOPER.
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HISTORY OF CAMBRIDGE.
JOHN X PARKER.
JOHN WINTOR. JOHN COLLAR.
MATHEW X BOONE.
THOMAS HAMMOND, senyor.
JOSEPH MIRIAM.
THOMAS HAMMOND, junyor.
ISACK STARNES.
VINCENT X DRUSE, junyor.
DAVID FISKE.
JOHN X HANCHET.
SOLOMON PRENTES.
JOB X HIDES.
JOSEPH SILL.
SAMUELL X HYDES.
SAMUELL HASTING.
REBECCAH X DANIELL.
RICHARD X FRANCES.
JONATHAN HIDES.
ROBART X BROWN.
DAVID STONE.
THOMAS X BROWN.
SAMUELL STONE.
JOHN SWAN."
" We, whose names are subscribed, being of the traine band and singell men in the above sayd town, doe also desire to mani- fest ourselves to be of the same mynd with our parents, masters, and the aged men and housholders of the place.
" THOMAS OLIVER.
JOHN HASTINS.
JONATHAN JACKSON.
JOHN MORE.
JOIN JACKSON.
JOHN HOLIS.
SEBEIS JACKSON.
GERSHOM FROST.
STEVEN COOKE.
ABRAHAM X HOWELL.
JACOB GOBLE.
BENIAMAN X RUSSELL.
JOSEPH X STEVENES.
SAMEUEL BUCKE.
DANIEL CHAMPNES.
JOSEPH FFROST.
JOHN STEADMAN.
WILLIAM REYLE.
THOMAS GATES.
SAMUELL X GARRY.
ARTHER X HENBURY.
NATH. PATTEN.
ROBART X SHEPARD.
STEPHEN FRANCES.
DANIELL X PRAT.
REUBEN LUXFFORD.
PHILIP EASTMAN.
SAMUELL X ROBINES.
ARTHUR CALL.
BENONY X EATON.
THOMAS MARRITT.
RODGER CHANDLER.
JOSEPH PRATT.
JOSEPII HOLME."
JEAMES X CUTLER.
THOMAS FFLEDG.
It does not appear that Cambridge, in its corporate capacity, was actively engaged in the political contest which continued, with scarcely any intermission, for more than twenty years ; but there is the best evidence that its representative men were among the most active leaders in opposition to the arbitrary measures of the English court. Edward Randolph, " the arch enemy of the Colony," addressing the Lords of Trade in 1676, says: " Amongst the Magistrates, some are good men and well af-
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CIVIL HISTORY.
fected to his Majesty, and would be well satisfied to have his Maj- esty's authority in a better manner established ; but the major part are of different principles, having been in the government from the time they formed themselves into a Commonwealth. These direct and manage all affairs as they please, of which number are Mr. Leverett, Governor, - Mr. Symons, Deputy Governor, - Mr. Danforth, Mr. Ting, Major Clarke, and Major Hathorn, still continued a magistrate, thoughi commanded by his Majesty upon his allegiance to come into England, yet refused, being en- couraged in his disobedience by a vote of the Court not to appear, upon some reasons best known to themselves. These, with some few others of the same faction, keep the country in subjection and slavery, backed with the authority of a pretended charter." 1
To the Bishop of London he writes, May 29, 1682, " I think I have so clearly layd downe the matter of fact, sent over their lawes and orders to confirmne what I have wrote, that they can- not deny them : however, if commanded, I will readily pass the seas to attend at Whiteliall, especially if Danford, Goggin, and Newell, magistrates, and Cooke, Hutchinson and Fisher, mem- bers of their late General Court and great opposers of the honest Governor and majestrates, be sent for to appeare before his Maj- esty ; till which time this country will always be a shame as well as inconveniency to the government at home."2 Soon afterwards, June 14, 1682, he writes to the Earl of Clarendon, " His Majes- ties quo warranto against their charter, and sending for Thomas Danforth, Samuel Nowell, a late factious preacher and now a unagistrate, and Daniel Fisher and Elislia Cooke, deputies, to at- tend and answer the articles of high misdemeanures I have now exhibited against them in my papers sent Mr. Blaithwait per Capt. Foy, will make the whole faction tremble." 3
" During these distresses of the colony," says Hutchinson in 1681, " there were two parties subsisting in the government, both of them agreed in the importance of the charter privileges, but differing in opinion upon the extent of them, and upon the proper measures to preserve them. The governor, Mr. Bradstreet, was at the head of the moderate party. Randolph in all his letters takes notice of it. . .. . Mr. Stoughton, Mr. Dudley, and William Brown of Salem, these fell in with the Governor. The deputy governor, Mr. Danforth, was at the head of the other party : thie principal members of the court with him were Major Gookins of Cambridge, Peter Tilton of Hadley, Elisha Cooke and Elisha
1 Hutch. Coll., p 499.
2 Ibid., 532. 8 Ibid., 535.
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HISTORY OF CAMBRIDGE.
Hutchinson of Boston. This party opposed the sending over agents, the submitting to acts of trade, &c., and were for adher- ing to their charter according to their construction of it, and leaving the event. Gookins, being aged, desired a paper he drew up as his dying testimony, might be lodged with the court, con- taining the reasons of his opinion." 1
Through the whole of this protracted controversy, Danforth and Gookin, together with the Deputies from Cambridge, con- tinued firm in their resistance to the arbitrary measures of the English government. They were at last overpowered, however, and the Colony was reduced to a state little better than slavery. On the 25th day of May, 1686, Joseph Dudley, the newly ap- pointed President, with his Council, assumed the government of the Colony, the charter having been abrogated. A few months later, Dec. 20, 1686, he was superseded by Sir Edmund Andros, who had been appointed Governor of New England.
1 Hist. Mass., i. 331.
CHAPTER VIII.
CIVIL HISTORY.
As early as 1654, some of the inhabitants upon the south side of the River commenced a movement, which resulted, seven years afterwards, in an order of the General Court, that all who resided more than four miles from the meeting-house should " be freed from contributing towards the ministry on the north side tlie river," so long "as the south side the river shall maintain an able ministry."1 This was not wholly satisfactory, and a peti- tion for more extensive privileges was presented to the General Court, Oct. 18, 1672, but action thereon was postponed until the next session, May 7, 1673, at which time this record is found : " In answer to the petition of Mr. Edward Jackson and John Jackson in behalf of the inhabitants of Cambridge Village, on the south side of Charles River, this Court doth judge meet to grant the inhabitants of the said village annually to elect one constable and three selectmen, dwelling among themselves, to order their prudential affairs of the inhabitants there according to law, only continuing a part of Cambridge in paying country and county rates, as also town rates so far as refers to the gram- mar school and bridge, and also pay their proportion of the charges of the deputies of Cambridge, and this to be an issue to the controversy between Cambridge and them."2 But the peo- ple were not content to be a precinct. Accordingly at the session of the General Court, commencing May 8, 1678, a petition was presented for incorporation as a town : -
" To the honored Governor, Deputy Governor, together with the honored Magistrates and Deputies of the General Court, now sitting in Boston.
" The humble petition of us, the inhabitants of Cambridge Village, on the south side of Charles River, showeth, that the 1 Mass. Col. Rec., iv. (ii.) 16. 2 Ibid., 555.
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HISTORY OF CAMBRIDGE.
late war, as it hath been a great charge to the whole Colony, so to us in particular, both in our estates and persons, by loss of life to some, and others wounded and disabled for their livelihood, besides all our other great charges in building of our meeting- house and of late enlargement to it, as also our charge to the minister's house. And, as you know, the Lord took that worthy person from us in a little time, and now in great mercy hath raised up another in the place, who hath a house in building for him, which requires assistance : As also we are now, by the great merey of God, so many families that a school is required for the education of our children according to law, besides our public charge of the place. Yet, notwithstanding, this last year, the Townsmen of Cambridge have imposed a tax upon us, amount- ing to the sum of three country Rates, without our knowledge or consent, which we humbly conceive is very harsh proceeding for any Townsmen of their own will and power to impose upon the inhabitants what taxes they please, and to what end, without ever calling the inhabitants to consider about such charge. Nevertheless, for peace sake, the inhabitants of our place did meet together and jointly consent to give the town of Cambridge the sum of one hundred pounds, and to pay it in three years, without desiring any profit or benefit from them of wood, timber, or common lands, but only our freedom, being content with our own proprieties, which some of us had before Cambridge had any right there : which tender of ours they having rejected, as also to grant to us our freedom from them, we do most humbly com- mend our distressed condition to the justice and mercy of this honored Court, that you will please to grant us our freedom from Cambridge and that we may be a township of ourselves, without any more dependence upon Cambridge, which hath been a great charge and burden to us ; and also that you would please to give the place a name, and if there should be any objection against us that the honored Court will admit our reply and defence. So hoping the Almighty will assist you in all your concerns, we rest your humble petitioners.
" MR. EDWARD JACKSON. THOMAS PRENTICE, jun". JONN KENRICK, junT.
CAPT. THOMAS PRENTICE. JOHN FULLER, senT. JOHN KENRICK, sen'. ISAAC WILLIAMS.
JOHN MASON.
W31. ROBINSON.
THOMAS GREENWOOD.
JOHN WARD. JOSEPH MILLER.
JOIN PARKER (south). HUMPHREY OSLAND.
CIVIL HISTORY. 81
JOSEPH BARTLETT.
SAMUEL HIDES, jun".
ISAAC BACON.
NOAHI MCDANIEL.
JACOB BACON.
JOHN FULLER, jun".
SAMUEL TRUSDALE.
JOSHUA FULLER.
SIMON ONGE.
JONATHAN FULLER.
JONATIIAN HIDES, sent.
NATHL. HAMMOND.
THOMAS PARKES, sen'.
JOB HIDES. JOHN PARKER (east).
NOAH WISWALL.
WIDOW JACKSON.
THOMAS HAMMOND.
EDWD. JACKSON, jun'.
JONATHAN HIDES, jun".
DANIEL KEY.
JAMES PRENTICE, sent.
THOS. PRENTICE, jun'.
DAVID MEADS.
ABRAHAM JACKSON.
VINCENT DRUSSE.
STEPHEN COOKE.
JOHN HIDES.
RICHARD PARKS.
EBENR. WISWALL.
JOSEPH FULLER.
ELIAH KENRICK.
ISAAC BEACH.
SEBEAS JACKSON.
PETER HANCHET." 1
The historian of Newton says this petition " was no doubt drawn up by Mr. Edward Jackson, senior." He adds a list of " Freemen in the Village who did not sign this petition," 2 namely : -
" Rev. Nehemiah Hobart. Elder Thomas Wiswall. John Spring.
Daniel Bacon.
Dea. Samuel Hyde. Daniel McCoy. John Woodward. John Park. Henry Segar. Thomas Park, jun". James Prentice, jun"."
Samuel Hyde, Son of Jona.
"In answer to the petition of the inhabitants of Cambridge Village, on the south side of the river, the Court judgeth it meet to grant them a hearing of the case mentioned on the first Tues- day of the next session in October, and all parties concerned are ordered to have timely notice." 3
At the time appointed, a long protest was presented by the Selectmen of Cambridge, a part of which was printed in Jack- son's " History of Newton," pp. 53-60. Notwithstanding its length, it is here inserted in full, on account of the historical facts mentioned in it, and the picture it presents of the general condition of affairs : -
1 Mass. Arch., cxii. 250.
8 Mass. Col. Rec., v. 188, 189.
2 Jackson's Hist. of Newton, 50, 52.
6
JOHN ALEXANDER. JOHN PRENTICE.
JAMES TROWBRIDGE.
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HISTORY OF CAMBRIDGE.
" The answer of the Selectmen of Cambridge to the petition exhibited against them by their Brethren and Neighbors of the Village on the South Side of Charles River.
" To omit what they express by way of narration, declaring ' the loss of lives and estates to them sustained by the late war, the death of their former minister and their having now got an- other for whom a house is building,' &c. - the impertinency and absurdity of their argument therein being obvious to all intelli- gent minds, - we shall only concern ourselves with what they make the main of their petition, which may be divided into these two parts :
" I. The cause on our part, viz. the hard usage by the Towns- men of Cambridge, i. e. imposing upon them a tax of their own will and power, and what they please, and to what end they please.
" For answer hereunto, the Cambridge Townsmen have im- posed a tax (as they call it) if they intend no more than the making of a rate for the paying of the charges of the whole town, and putting upon them their just proportion of the charge of those things, properly belonging to them to bear their part of, according to the order of the General Court with reference to them, made May 7th, 1673, and then declared to be the issue of the controversy between the town and the petitioners, thus far we own to be a truth. But whereas they charge us that we have thus done, 1, of our own will, 2, of our own power, 3, what we please, 4, to what end we please, -these are high and sad accusations which we cannot own to be true : for 1st it was not by our will that any taxes have been imposed on them or any other of the inhabitants, but their own will, so declared in orderly town-meetings, legally warned, whereat themselves either were or miglit have been present and had their votes. 2. Nor was it of our own power, but by the authority of the General Court, com- mitting to us by the law, as we are Selectmen of the town, power for the ordering of the prudentials of the town and levy- ing what is necessary for the payment of the annual disburse- ments regularly made for the town's occasions. 3. Nor have we imposed upon the town in general, or the petitioners, what we please. The rule that we have observed in raising our rates be- ing to make them no greater than is of absolute necessity for the payment of the town's debts, and most an end falling consider- ably short by reason of the town's poverty, and upon each in- habitant in particular according to a list of their persons and
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CIVIL HISTORY.
rateable estates. 4. Nor have we improved the moneys raised to what end we please, but have faithfully disposed of the same for the end for which we raised it, namely, the payment of the town's just debts. If herein we have transgressed the line of our power, we beg pardon (and direction for the future) of this hon- ored Court. If our accusers shall deny the truth of what we assert, either in general or any one article, we crave liberty to put in our further defence and evidence.
" II. That which is the 'main of their petition they thus ex- press, viz., ' that we may be a township of ourselves, without any more dependence on Cambridge.' And this their petition they strengthen with two arguments ; the 1st is prefatory to their peti- tion, wherein they say ' they plead only for their freedom, being content with their own propriety ;' the 2ª is subsequent ' because their dependence on Cambridge hath been a great charge and burthen to them.'
" We shall begin with their arguments why they would be freed from Cambridge. To the 1st, whereas they say that they plead only for their freedom, being content with their own pro- prieties, we answer, 1. That the inhabitants of Cambridge now dwelling on the north side of Charles River have well nigh three thousand acres of land that is laid out into several lots, some ten, some twenty, some forty, acres, more or less, that they are at this time seised of, and by them kept for herbage, timber, wood, and planting lands, as they shall have occasion for to use the same, all which is by the petitioners included within the line of division between the town and them ; and therefore they do not say words of truth when they say they are content with their own proprie- ties. 2. Nor is it true that they plead only for freedom ; for they having obtained these our lands and proprieties to be within the line of that division and payable to the ministry, they would be- come our masters and charge us for our lands and cattle that we shall put thereon to all their common charges, if they may obtain to be a distinct township.
" To their 2ª argument, viz. that their dependence on Cam- bridge hath been a great charge and burden to them. For an- swer hereto, 1st we shall say something that hath reference to them more generally, and 2ª, we shall distinguish between the persons that are petitioners, and speak something more particu- larly. 1. More generally. They well know, before their settle- ment in that place, that all those lands that they now petition for did belong to Cambridge, and were the grant of the General
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HISTORY OF CAMBRIDGE.
Court to them, for their enabling to maintain the ordinances of God among them, and all other common charges inevitably aris- ing in a township ; so that what they call a burden will appear to be no more than their duty which they owe to the town ; and if, in that sense, charge and burden may be admitted as a just plea, may not the servant as well petition the Court to be freed from his master, the tenant from his landlord, or any single town petition his Majesty to have their freedom, and be a distinct Col- ony, and plead that the annual charges for maintenance of gov- ernment and the peace of the commonwealth is to them a great charge and burden ? 2. Their charge and burden hath not been greater than their brethren and neighbors ; for we have not, by burdening or charging them, eased ourselves of our just dues and proportion in any kind ; and although their accommodations for enabling them to bear and discharge their dues are far better than those of the town, yet it seems that what they call great (and we may without wronging our case freely concede to the truth thereof, that when all our shoulders bear, and hands and hearts join together, we find it so by daily experience) they are content that we should bear it alone, not pitying us, though we sink and break under it ; for they know full well that their with- drawing will not abate the weight of our burden ; for the bridge must be maintained, the school must be kept up, the Deputies must be sent to the General Court: and they have no other charge or burden imposed upon them by us than their just pro- portion of that which these do ordinarily require. 3. They know full well that such hath been the tenderness of the town towards them at all times, that they have evermore chosen a Constable that hath been resident among them, and for the Selectmen also they have desired that they might constantly have some of them joined with those of the town, partly for their help, and partly that they might more easily have help from them, and be satis- fied in the equity and justice of their proceedings in all respects ; so that we know they cannot and dare not to plead that we have at any time been unwilling to execute the power of the Select- men for gathering the rates due to their minister or otherwise more properly belonging to them, nor that we have carried crossly, proudly, or perversely towards them. If we have, let us be accused to our faces, and not backbitten and slandered as we have been in the other particulars whereof they accuse us.
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