History of Plymouth county, Massachusetts, with biographical sketches of many of its pioneers and prominent men, Part 222

Author: Hurd, D. Hamilton (Duane Hamilton)
Publication date: 1884
Publisher: Philadelphia, J.W. Lewis & co.
Number of Pages: 1706

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" According to this agreement, [5] 3, presently after the lec- ture the magistrates and deputies took their, places in the meeting-house, and the people being come together, and the deputy governour placing himself within the bar, as at the time of hearing, etc., the governour read the sentence of the court, without speaking any more, for the deputies had (by im- portunity ) obtained a promise of silence from the magistrates. Then was the deputy governour desired hy the court to go up and take his place again upon the beneh, which he did accordingly, and the court heing about to arise, he desired leave for a little speech, which was to this effect :

"' I suppose something may be expected from me upon this charge that is befallen me, which moves me to speak now to you ; yet I intend not to intermeddle in the proceedings of the court, or with any of the persons concerned therein. Only I bless God that I see an issue of this troublesome business. I also aeknowledge the justice of the court, and, for my own part, I am well satisfied. I was publiekly charged, and I am publickly and legally acquitted, which is all I did expect or de- sire. And though this he sufficient for my justification before men, yet not so before the God who hath seen so much amiss in my dispensations (and even in this affair) as calls me to he humble. For to be publickly and criminally charged in this court is matter of humiliation (and I desire to make a right use of it) notwithstanding I he thus acquitted. If her father had spit in her face (saith the Lord concerning Miriam) should she not have been ashamed seven days ? Shame had lien upon her, whatever the occasion had been. I am unwilling to stay you from your urgent affairs, yet give me leave (upon this spe- cial occasion) to speak a little more to this assembly. It may be of some good use to inform and rectify the judgments of some of the people, and may prevent such distempers as have arisen amongst us. The great questions that have troubled the country are ahout the authority of the magistrates and the liberty of the people. It is yourselves who have called us to this office, and being called by you we have our authority from God in way of an ordinance, such as hath the imago of God eminently stamped upon it, the contempt and violation where- of hath been vindicated with examples of divine vengoance. I entreat you to considor that when you choose magistrates you take them from among yourselves-men subject to like pas- sions as you are. Therefore when you see infirmities in us you should reflect upon your own, and that would make you bear the more with us, and not be severe consurers of the failiugs of your magistrates when you have continual experience of the like infirmities in yourselves and others. We account him a good servant who breaks not his covenant. The covenant be-

tween you and us is tho oath you have taken of us, which is to this purpose, that wo shall govern you and judge your eauses by tho rules of God's laws and our own, according to our best skill. When you agree with a werkman to build you a ship er a house, etc., ho undertakes as well for his skill as for his faith- fulness, for it is his profession, and you pay him for hoth. But whon you call one to he a magistrate he doth not profess ner undertake to have sufficient skill for that office, nor can you furnish bim with gifts, etc., therefore you must run the hazard of his skill and ability. But if he fail in faithfulness, which by his oath he is bound unto, that he must answer for. If it fall out that the case be clear to commen apprehension, and the rule elear also, if he transgresses here, the errour is not in the skill but in the evil of the will; it must be required of him. But if the cause be doubtful, or the rule doubtful, to men of such understanding and parts as your magistrates are, if your magistrates should err here yourselves must bear it.

"For the other point concerning liberty, I observe a great mistake in the country about that. There is a twofold liberty, natural (I mean as our nature is now corrupt) and civil or federal. The first is common to man with beasts and other creatures. By this, man, as he stands in relation to man simply, hath liberty to do what he lists ; it is a liberty to evil as well as to good. This liberty is incompatible and inconsistent with authority, and cannot endure the least restraint of the most just authority. The exercise and maintaining of this liberty makes men grow more evil, and in time to be worse than brute beasts : omnes sumus licentia deteriores. This is that great enemy of truth and peace, that wild beast which all the ordinances of God are bent against, to restrain and subdue it. The other kind of liberty I call civil or federal, -- it may also be termed moral,- in reference to the covenant between God and man, in the moral law, and the politic covenants and constitutions amongst men themselves. This liberty is the proper end and object of au- thority, and cannot subsist without it; and it is a liberty to that only which is good, just, and honest. This liberty you are to stand for, with the hazard (not only of your goods, but) of your lives, if need he. Whatsoever crosseth this is not au- thority, but a distemper thereof. This liberty is maintained and exercised in a way of subjection to authority ; it is of the same kind of liberty wherewith Christ hath made us free. The woman's own cholee makes such a man her husband ; yet being so chosen, he is her lord, and she is to be subject to him, yet in a way of liberty, not of bondage; and a true wife accounts her subjection her honour and freedom, and would not think hier condition safe and free, but in her subjection to her hus- band's authority. Such is the liberty of the church under the authority of Christ, her king and husband ; his yoke is so easy and sweet to her as a bride's ornaments; and if through fro- wardness or wantonness, &c., she shake it off, at any time, she is at no rest in her spirit, until she take it up again ; and whether her lord smiles upon her and embraceth her in his arms, or whether he frowns, or rebukes, or smites her, she ap- prehends tho sweetness of his love in all, and is refreshed, sup- ported, and instructed by every such dispensation of his au- thority over her. On the other side, yo know who they are that complain of this yoke and say, lot us break their bands, &e. ; we will not have this man to rule ovor us. Even so, brethren, it will be between you and your magistrates. If you stand for your natural corrupt libertios, and will do what is good in your own eyes, you will not endure tho least weight of unthority, but will murmur and oppose, and bo always striving to shake off that yoke; but if you will be satisfied to enjoy sueli civil and lawful liberties, suoli as Christ allows you, then will you quietly and cheerfully submit unto that authority which is set over you, in all the administrations of it, for your good. Wherein, if we

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fail at any time, we hope we shall be willing (by God's assist- ance) to hearken to good advice from any of you, or in any other way of God: so shall your liberties he preserved in up- holding the honour and power of authority amongst you."

The following notes of the proceedings of the dep- uties and magistrates in relation to this affair were collected by Mr. Savage, and published in his edition of Winthrop :

" The first order of the magistrates is as follows: Fined the persons after named at such sums as hereafter are expressed, having heen as moderate and gone as low as they any ways could with the holding up of anthority in any measure, and the maintenance of justice, desiring the concurrence of the depu- ties herein, that at length an end may be put to this long and tedious business.

Joshua Hubbard is fined. £20,00.00

Edmond Huhhard 5,00,00

Thomas Hubhard 2,00,00

Edmond Gold. 1,00,00

John Faulshame

20,00,00 5,00,00

Daniel Cushin

2,10,00

William Hersey.

10,00,00

Mr. Bozon Allen

10,00,00

Mr. Peter Huhhard, that first subscribed the petition ..

2,00,00

All the rest of the petitioners, heing 81, out of which number are excepted three, viz., Mr. Peter Hub- bard. John Foulshame, and John Towres, the rest making 78, are fined 20 shillings a piece, the sum of which is

155,10,00

" We have also voted, that according to the order of the Gen- eral Conrt, for so long time as their cause hath heen in handling, the petitioners shall bear the charge of the General Court, the snm of which costs is to be cast np and agreed hy the court, when the cause is finisbed.

"The house of deputies having issued the Hingham business before the judgment of onr honored magistrates upon the case came down, they have hereunder expressed their determinate censures upon such as they find delinquent in the case, viz. ;

Joshna Hubbard is fined £20,00,00

Anthony Eames.

5,00,00

Thomas Iluhbard. 4,00,00

Edmond Hubbard 10,00,00

Daniel Cushan .. 4,00,00

William Hersey. 4,00,00

Mr. Allen, heside his proportion with the

train hand.

1,00,00

Edmond Gold.

2,00,00

Total

£50,00,00

" The rest of the train hand of Hingham, that have an equal vote allowed them by law for the choice of their military offi- cers, are fined 55 pounds to be paid by equal proportion, the which said sums of 50 and 55 pounds are laid upon the said de- linquents for the satisfying of the charge of the court occasioned by the hearing of the cause, in case the said charge shall arise to the sum of 105 pounds. The deputies desire the consent of the magistrates herein.

"Several discordant votes passed each hranch before the busi- ness was bronght to its close."

After giving an account of the proceedings of the court, Winthrop remarks as follows :

" I should have mentioned in the Hingham case, what care and pains many of the elders had taken to reconcile the differ- encea which were grown in that church. Mr. Hubbert, the pastor there, being of a Presbyterial spirit, did manage all affairs with- ont the church's advice, which divers of the congregation not

liking of, they were divided in two parts. Lieutenant Emes, etc., having complained to the magistrates, as is hefore ex- pressed, Mr. Huhhert, etc., would have cast him out of the church, pretending that he had told a lie, whereupon they pro- cured the elders to write to the church, and so did some of the magistrates also, whereupon they stayed proceeding against the lieutenant for a day or two. But he and some twelve more of them. perceiving he was resolved to proceed, and finding no way of reconciliation, they withdrew from the church, and openly declared it in the congregation. This course the elders did not approve of. But heing present in the court, when their petition against the deputy-governour was heard, Mr. Ilub- bert, perceiving the cause was like to go against him and his party, desired the elders to go to Hingham to meditate a recon- ciliation (which he would never hearken to hefore, heing earn- estly sought by the other party, and offered hy the elders) in the interim of the court's adjournment for one week. They readily accepted the motion, and went to Hingham, and spent two or three days there, and found the pastor and his party in great fault, hut could not hring him to any acknowledgment. In their return by water, they were kept twenty-four hours in the hoat and were in great danger hy occasion of a tempest which arose in the night, but the Lord preserved them."

But the difficulties did not terminate here. The authority of government was resisted when the mar- shal attempted to levy the fines imposed on the petitioners. The following is Winthrop's account of the matter :

"1646. 26. (1.)] The governour and council met at Boston to take order about a rescue which they were informed of to have been committed at Hingham upon the marshal, when he went to levy the fines imposed upon Mr. Iluhhard their pastor and many others who joined with him in the petition against the magistrates, etc., and having taken the information of the marshal and others, they sent out summons for their appear- ance at another day, at which time Mr. Hubhard came not, nor sent any excuses, though it was proved that he was at home, and that the summons was left at his house. Whercupon he was sent for hy attachment directed to the constahle, who brought him at the day of the return. And being then charged with joining in the said rescue by animating the offenders, and discouraging the officer, questioning the authority of bis war- rant hecause it was not in the king's name, and standing upon his allegiance to the crown of England, and exemption from such laws as were not agreeable to the laws of England, saying to the marshal that he could never know wherefore he was fined, except it were for petitioning, and if they were so wasp- ish that they might not he petitioned, he knew not what to say to it, etc. All the answer he would give was, that if he had broken any wholesome law not repugnant to the laws of Eng- land, he was ready to submit to censure. So he was hound over to the next court of assistants.

" The court heing at Boston, Mr. Huhhard appeared, and the marshal's information and other concurrent testimony being read to him, and his answer demanded, he desired to know in what state he stood, and what offence he should be charged with, or what wholesome law of the land, not repugnant to the law of England, he had hroken. The court told him, that the matters he was charged with amounted to a seditious practice and derogation and contempt of authority. Ile still pressed to know what law, etc. He was told that the oath which he had taken was a law to him; and beside the law of God which we were to judge by in case of a defect of an express law. He said that the law of God admitted various interpretations, etc. Then

HISTORY OF HINGHAM.

John Towers.

1064

HISTORY OF PLYMOUTH COUNTY.

he dosired to see his necusers. Upon that tho marshal was called, who justified his information. Then he desired to be tried by a jury, and to have the witnesses produced viva vace. The secretary told him that two wore present, and the third was sworn to his oxamination (but in that he was mistaken, for he had not been sworn), but to satisfy him, ho was sent for and sworn in court. Tho matters testified against him were his specchios to the marshal beforo thirty persons, against our au- thority and government, etc. 1. That we were but as a corpo- ration in England ; 2. That by our patent (as he understood it) wo could not put any man to death, nor do divers other things which we did; 3. That he knew not wherefore the General Court had fined them, except it were for petitioning, and if they were so waspish (or captious) as they might not be petitioned, ete., and other speeches tending to disparage our authority and proceedings. Accordingly a bill was drawn up, etc., and the jury found that he seemed to be ill-affected to this government, and that his specches tended to sedition and contempt of au- thority. Whereupon the whole court (except Mr. Bellingham, who judged him to deserve no censure, and desired in open court to have his dissent recorded) adjudged him to pay 20 pounds fine, and to be bound to his good behaviour, till the next court of assistants, and then farther if the court should see cause. At this sentence his spirit rose, and he would know what the good behaviour was, and desired the names of the jury, and a copy of all the proceedings, which was granted him, and so he was dismissed at present."

" In 1646," says Mr. Lincoln, " the celebrated pe- tition of Dr. Child and six others, for the abolition of ' the distinctions which were maintained here both in civil and church estate,' and that the people of this country might be wholly governed by the laws of England, was presented to the house of deputies. Six of the petitioners were cited before the court and charged with great offenses contained in this petition : they appcaled to the parliament of England, and offered security to abide by their sentence, but the court thought proper to sentence the offenders to fine and imprisonment. The petitioners then resolved to lay their case before parliament, and Dr. Child, Mr. Vas- sall, and Mr. Fowle went to England for that purpose,1 but it appears that they met with very ill success in their exertions. The papers were published at Lon- don by Maj. John Child, brother of Dr. Robert Child, in a tract entitled 'New England's Jonas Cast up at London,' in allusion, probably, to the remark of Mr. Cotton in one of his sermons, ' that if any shall carry any writings or complaints against the people of God, in this country to England, it would be as Jonas in the ship.' This tract was answered by Mr. Winslow, who was then in England, in another tract entitled the 'Salamander,' 'wherein (says Winthrop) he cleared the justice of the proceedings' of the government here.'

" This notice of the petition of Dr. Child and others is introduced for the purpose of correcting an error into which Hutchinson and Ncal have fallen in confounding this controversy with that of our mili- tary dispute, which created so much excitement in the country. It is proper to mention, however, that Mr. Hobart was suspected of ' having a hand in it,' and consequently was obliged to suffer another of the mortifications to which the relentless spirit of persecu- tion has subjected him. Winthrop's account of his treatment is as follows :

"' In 1646. (9.) 4.] This court the business of Gorton &c., and of the petitioners, Dr. Child, &c., were taken into consid- eration, and it was thought needful to send some able man into England, with commission and instructions, to satisfy tbe com- missioners for plantations about those complaints ; and because it was a matter of so great and general concernment, such of the elders as could be had were sent for, to have their advice in the matter. Mr. Hubbard of Hingham came with the rest, but the court being informed that he had an hand in a petition, which Mr. Vassall carried into England against the country in general, the governour propounded that if any elder present had any such hand, &c., he would withdraw himself. Mr. Hubbard sitting still a good space, and no man speaking, one of the deputies informed the court that Mr. Hubbard was tbe man suspected, whereupon he arose, and said, that he knew nothing of any such petition. The governour replied, that seeing he was now named, he must needs deliver his mind about him, which was, that although they had no proof present about the matter of the petition, and therefore his denial was a sufficient clearing, &c., yet in regard he had so much opposed authority, and offered such contempt to it, as for which be bad been lately bound to his good behaviour, he thought he would (in discretion) withdraw himself, &c., whereupon he went out. Tben the governour put the court in mind of a great miscar- riage, in that our secretest counsels were presently known abroad, which could not be but by some among ourselves, and desired tbem to look at it as a matter of great unfaithfulness, and that our present consultations might be kept in the breast of the court, and not be divulged abroad, as otbers had been.'

" Winthrop then remarks upon a special provi- dence of God (as he terms it), in which he takes it for granted that Mr. Hobart, the people of Hing- ham, and Dr. Child entertained similar views, if they did not openly combine their efforts to promote them.

"' I must here observe a special providence of God, pointing out his displeasure against some profane persons who took part with Dr. Child, &c., against the government and churches here. The court had appointed a general fast to seek God (as for some otber occasions so) in the trouble wbich threatened us by the petitioners, &c. Tbe pastor of Hingham and otbers of his church (being of their party) made light of it, and some said they would not fast against Dr. Child and against them- selves; and thero were two of them (one Pitt and Johnson) who, having a great raft of masts and planks (worth forty or fifty pounds) to tow to Boston, would needs set forth about noon the day bofore (it being impossible they could get to Boston before the fast); but whon they came at Castle Istand there aroso such a tempest as carried away their raft, and forced thom to cut their masts to save their lives. Some of their masts and plank thoy recovered after, where it had boon east

1 An amusing account of the superstitious terror of some of the passengers in the vessel in which the petitioners went to England, and of the ill success of their petition, may be found in Neal's "History of New England."

1065 1

HISTORY OF HINGHAM.

on shore ; but when they came with it to the Castle, they were forced back again. and were so oft put hack with contrary winds, &e., as it was ahove a month before they could bring all the remainder to Boston.'

" The editor of Winthrop in noticing these re- marks very justly observes ' that unless we be careful always to consider the cause of any special provi- dence, we may fail in our views of the displeasure of God;' and notices the fact that the clergy when they came to this town to reduce the church members to sobriety ' were kept twenty-four hours in the boat, and were in great danger by occasion of a tempest.'

" The last time at which Mr. Hobart was made to feel the displeasure of the government was in 1647. Winthrop mentions it in the following manner :

"*4. (6.) There was a great marriage to he solemnized at Boston. The bridegroom being of Hingham, Mr. Hubbard's church, he was proenred to preach, and came to Boston to that end. But the magistrates, hearing of it, sent to him to forbear. The reasons were, hrst, for that his spirit had been discovered to be averse to our ecclesiastical and civil government, and he was a bold man, and would speak his mind ; second, we were not willing to bring in the English custom of ministers performing the solemnity of marriage, which sermons at such times might induce, but if any minister were present, and would hestow a word of exhortation, etc., it was permitted.'

" The dispassionate reader," Mr. Lincoln justly observes that, " while he will give to Winthropall the credit to which his impartiality entitles him, cannot fail to discover some circumstances which tend to ex- tenuate the criminality of the conduct of a large and respectable portion of the inhabitants of this town. The convictions which the deputy governor enter- tained, of the disorderly and seditious course of Mr. Hobart and his friends, were deep and strong; and in some instances his conduct indicated anything but a charitable spirit towards those whose principal error (if any) consisted in their attachment to more liberal views of government than those generally enter- tained at that time.

" Winthrop acknowledges that ' the great questions that troubled the country were about the authority of the magistrates and the liberty of the people.' ' Two of the magistrates and many of the deputies' esteemed for piety, prudence, and justice, 'were of opinion that the magistrate exercised too much power, and that the people's liberty was thereby in danger,' and the tendency of their principles and conduct was (in the opinion of the deputy governor) to have brought the commonwealth 'to a mere democracy.'

"Thus we learn that one of the military company here professed 'he would dic at the sword's point, if he might not have the choice of his owu officers.' Some of the principles and privileges for which our fathers contended, were undoubtedly too liberal and

republican for the spirit of the age in which they lived. They were, perhaps, injudicious and indiscreet in their endeavors to promote their views ; and prob- ably in some instances might not have expressed that respect for the constituted authorities to which their character entitled them. The most superficial reader, however, may discover in the conduct of the deputy governor something of the spirit of bigotry which was, unfortunately, too often allowed to affect the judgments of the wisest and best of men at that time, and which operated very much to the injury of those who entertained more liberal opinions in politics and religion. The deputies, although conscious of the disorder which the prevalence of such principles might cause in the community, did not feel so strong a dis- regard of the motives of the people of Hingham, which impelled them to the course which they pur- sued, as to induce them to consent to impose on them heavy fines without great reluctance.

" The deputy governor appears to have been very sensitive on the subject of innovations upon the au- thority of government, and strongly bent, not only upon punishing, but desirous of publicly disgracing the ' profane' people of Hingham. He seems to have ' engulphed Bible, Testament and all into the com- mon law,' as authority for the severe measures which were taken to mortify their feelings and to check the spread of principles so democratic in their tendency, and so dangerous to the interests of the common- wealth. Accordingly, we find that the magistrates sent to Mr. Hobart to forbear delivering a discourse on the occasion of the marriage of one of his church, at Boston, among other reasons, 'because he was a bold man, and would speak his mind.'

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History of Plymouth county, Massachusetts, with biographical sketches of many of its pioneers and prominent men, Part 222

Author: Hurd, D. Hamilton (Duane Hamilton) Publication date: 1884 Publisher: Philadelphia, J.W. Lewis & co. Number of Pages: 1706

Author: Hurd, D. Hamilton (Duane Hamilton)
Publication date: 1884
Publisher: Philadelphia, J.W. Lewis & co.
Number of Pages: 1706