History of Plymouth county, Massachusetts, with biographical sketches of many of its pioneers and prominent men, Part 25

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

USA > Massachusetts > Plymouth County > History of Plymouth county, Massachusetts, with biographical sketches of many of its pioneers and prominent men > Part 25

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" ARTICLES OF CONFFEDERATION betweene ye Plantations under ye Governmente of Massachusets, ye Plantations under ye Governmente of New-Plimoth, ye Plantations under ye Gov- ernmente of Conightecute, and ye Governmente of New Haven, with ye Plantations in combination therewith.

" Whereas, we all came unto these parts of America with one and ye same end and aime, namely, to advance the Kingdome of our Lord Jesus Christ & to enjoye ye liberties of ye Gospell in puritie with peace; and whereas, in our setling (by a wise providence of God) we are further disperced upon ye sea coasts and rivers than was at first intended, so yt we cannot, according to our desires, with convenience comunicate in one governmente & jurisdiction ; and whereas, we live encompassed with people of severall nations and strang languages, which hereafter may prove injurious to us and our posteritie; and for as much as ye natives have formerly comitted sundrie insolences and outrages

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upon severall plantations of ye English, and have of late com- bined them selves against ns, and seeing by reason of those dis- tractions in England (which they have heard of ) and by which they know we are hindered from yt humble way of seeking ad- vice or reaping those comfortable fruits of protection, which at other times we might well expecte; we therefore doe conceive it our bounden duty, without delay, to enter into a present con- sociation amongst ourselves for mutuall help & strength in all our future concernments. That as in nation and religion, so in other respects we be & continue one according to ye tenor and true meaning of the insuing articles. Wherfore, it is fully agreed and concluded by and betweene ye parties in jurisdic- tions above named, and they joyntly & severally doe by these presents agree & conclude that they all be and henceforth be called by ye name of The United Colonies of New England.

"2. The said United Collonies, for them selves & their pos- terities, doe joyntly & severally hereby enter into a firme & per- petuall league of friendship & amitie for offence and defence, mutuall advice and succore upon all just occasions, both for pre- serving & propagating ye truth (and liberties) of ye Gospell and for their owne mutuall saftie and wellfare.

"3. It is further agreed, that the plantations which at present are, or hereafter shall be, setled within ye limites of ye Massa- chusets, shall be for ever under ye Massachusets, and shall have peculiar jurisdiction amonge themselves in all cases as an en- tire body. And ye Plimoth, Conightecutt, and New Haven shall each of them have like peculiar jurisdition and govern- mente within their limites respectively ; provided yt no other jurisdiction shall hereafter be taken in as a distincte head or member of this confederation, nor shall any other plantation or jurisdiction in presente being and not allready in combination or under ye juridiction of any of these confederats be received by any of them, nor shall any tow of ye confederats joyne in one jurisdiction without consente of ye rest, which consete to be interpreted as is expresed in ye sixte article ensewing.

"4. It is hy these conffederats agreed, yt the charge of all just warrs, whether offencive or defencive, upon what parte or mem- ber of this confederation soever they fall, shall, both in men, provisions, and all other disbursments, be borne by all ye parts of this confederation in differente proportions, according to their differente abilities, in manner following : namely, yt the commis- sioners for each jurisdiction, from time to time, as there shall be oceasion, bring a true accounte and number of all their males, in every plantation or any way belonging too or under their sev- erall jurisdictions, of what qualitie or condition soever they be, from 16 years old to 60, being inhabitants there, and yt accord- ing to ye differente numbers which from time to time shall be found in each jurisdiction, upon a true & just accounte, the ser- vice of uien and all charges of ye warr be borne by ye pole, each jurisdiction or plantation being left to their owne just eourse & custome of rating them selves and people according to their dif- ferente estates, with due respects to their qualities and exemp- tions amongst them selves, though the cenfederats take no no- tice of any such priviledg. And yt according to their differente charge of each jurisdiction & plantation the whole advantage of ye warr (if it please God to bless their endeavours), whether it be in lands, goods, or persons, shall be proportionably devided amonge ye said confederats.

"5. It is further agreed that, if (any of ) these jurisdictions, or any plantation under or in combynacion with them, be in- vaded by any enemie whomseever, upon notice & requeste of any 3 magistrats of yt jurisdiction so invaded, ye rest of ye confod- erats, without any further meeting or expostulation, shall forth- with send ayde to ye conferate in danger, but in differont pro- portion, namely, ye Massachusetts an hundred men, sufficiently armed and provided for such a service and journey, and oach of

ye rest forty five se armed & provided, or any lesser number, if less be required, according to this proportion. But if such con- federate in danger may be supplyed by their nexte confederates, not exceeding ye numher hereby agreed, they may crave help then and seeke no further for ye presente, ye charge to he borne as in this article is exprest, and at ye returne to be victuled & suplyed with powder & shote for their jurney (if there be need) by yt jurisdiction which employed or sent for them. But none of ye jurisdictions to exceede these numbers till, by a meeting of ye comissioners for this confederation, a greater aide appeare nessessarie. And this proportion to continue till, upon knowl- edge of greater numbers in each jurisdiction, which shall be brought to ye nexte meeting, some other proportion be ordered. But in (any) such case of sending men for presente aide, whether before or after such order or alteration, it is agreed yt at ye meeting of ye comissioners of this confederation, the cause of such warr or invasion be duly considered, and if it appeare yt the folte lay in ye parties so invaded, yt then that jurisdiction or plantation make just satisfaction both to ye invaders, whom they have injured, and beare all ye charges of ye warr them- selves, without requiring any allowance from ye rest of ye con- federats towards ye same. And further, yt if any jurisdiction see any danger of any invasion approaching, and ther be time for a meeting, that in such case 3 magistrats of yt jurisdiction may sumone a meeting at such conveniente place as them selves shall thinke meete, to consider & provid against ye threatened danger, provided, when they are mett they may remove to what place they please, only whilst any of these foure confederats have but three magistrats in their jurisdiction then requeste or summons from any 2 of them shall be accounted of equall force with ye three mentioned in both the clauses of this article till ther be an increase of magistrats ther.

"6. It is also agreed yt for ye managing & concluding of all affairs proper & conceruing the whole confederation tow comis- sioners shall be chosen by & out of each of the 4 jurisdictions : namly, 2 for ye Massachusetts, 2 for Plimoth, 2. for Conighte- cutt, and 2. for New Haven, being all in Church fellowship with us, which shall bring full power from their severall Generall Courts respectively, to hear, examene, waigh, and determine all affairs of warr or peace, leagues and changes and numbers of men for warr, divisions of spoyles, and whatsoever is gotten by conquest ; receeving of more confederats, and all things of like nature, which are ye proper coneomitants in consequence of such a confederation for amitee, offence and defence ; not intermedling with ye governmente of any of ye jurisdictions which by ye 3. Article is preserved entirely to them selves. But if these 8 comissioners when they meete shall not all agree, yet it (is) cen- cluded that any 6. of the 8. agreeing shall have power to setle & determine ye bussines in question. But if 6. doe not agree, that then such propositions with their reasons, so farr as they have been debated, be sente and referred to ye 4. Generall Courts, viz., ye Massachusetts, Plimoth, Conighteeutt, and New Haven ; and if at all ye said Generall Courts ye bussines so re- ferred he concluded, then to be prosecuted by ye confederats and all their numbers. It was further agreed that these 8. comis- sioners shall meete once every year, besids extraordinarie weet- ings (according to the fifte article), to consider, trente, and eon- elude of all affaires belonging to this coufederation, which meeting shall ever be ye first Thursday in September. And yt the nxt meeting after the date of these presents, which shall be accounted ye second meeting, shall be at Boston, in ye Massa- chusetts, the 3. at Hartford, the 4. at New Haven, the 5 ut Pliul- oth, and so in course sueeessively if in ye meane time some midle place be not found out and agreed on, which may be eomodious for all ye jurisdiotions.

" 7. It is further agreod yt at oneh meeting of these 8 celuis-

8.1

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siouers. whether ordinarie or extraordinary, they all 6. of them agreeing as before. may chnse a presidente out of them selves, whose office & worke shall be to take care aud directe for order aud a comly carrying on of all proceedings iu ye present meet- ing : but he shall be invested with uo such power or respecte as by which he shall hinder ye propounding or progrese of auy bussiues, or any way cast ye scailes otherwise thau in ye prece- dente article is agreed.

". S. It is also agreed yt the comissiouers from the coufedera- tion hereafter at their meetings, whether ordinary or extraor- diuarie, as they may have occasion or opportunitie, doe endeaver to frame aud establish agreements & orders iu generall cases of a civill nature, wherein all the plautations are interessed for ye preserving of peace amongst them selves, aud preventing as much as may be all occasions of warr or difference with others ; as about ye free & speedy passage of justice iu every jurisdic- tion to all ye coufederats equally as to their owne : receiving those y' remove from one plantation to another without due certificate : how all ye jurisdictions may carry towards ye Inde- ans that they ueither growe iusolente nor be injured without due satisfaction, least warr breake in upon the coufederats through such miscarriages. It is also agreed yt if any servante ruu away from his maister into another of these coufederated jurisdictions, that in such case, upou ye certificate of one magis- trate iu the jurisdiction out of which ye said servaute fledd, or upou other due proofe. the said servant shall be delivered either to his master or any other yt pursues & brings such certificate or proofe. And y' npou ye escape of any prisoner whatsoever, or fugitive from any criminall cause, whether breaking prison or getting from ve officer, or otherwise escaping, upon the cer- tificate of 2 magistrats of ye jurisdiction out of which ye escape is made that he was a prisouer or such au offeuder at ye time of Je escape, the magistrate or sume of them of yt jurisdiction where for ye presente the said prisoner or fugitive abideth, shall forthwith graute such a warraute as ye case will beare, for ye appreheuding of auy such person & ye delivering of him iuto ye hands of ye officer or other person who pursues him. And if there be help required for ye safe returuing of any such of- feuder, theu it shall be granted to him yt craves ye game, he paying the charges thereof.

"9. Aud for yt the jnstest warrs may be of dangerous conse- quence, espetialy to yt smaler plantations in these United Col- lonies, it is agreed that neither ye Massachusets, Plimoth, Con- ightecut, nor New Haven, uor any member of any of them, Ehall at any time hereafter begine, uudertake, or iugage them- Belves in this confederation, or any parte thereof, in auy warr whatsoever (sudden exegents with ye necessary consequents thereof excepted, which are also to be moderated as much as ye case will permitte), without ye conseute and agreemeute of tbe forementioned 8. comissioners, or at ye least 6. of them, as in the sixt article is provided. And yt no charge be required of any of the coufelerats in case of a defensive warr till ye gaid commissioners have mett aud approved ye justice of the warr, and have agreed upon ye sume of money to be levied, which sume is then to be paid by the severall coufederats in proportion according to ye fonrth article.

"10. That on extraordinary occasions, when meetings are summoned by three magistrates of auy jurisdiction, or 2 as iu Je 5. article, if any of ye comissioners come not, due waruing being given or seute, it is agreed yt 4 of the comissioners shall bare power to directe a warr which cannot be delayed, and to tend for due proportions of men ont of each jurisdiction as well az 6. might doe if all mett : but not less than 6. sball determine the justice of the warr, or alow ye demands on bills of charges, or cause any levies to be made for ye samne.

"11. It is further agreed yt if any of ye confederats shall

hereafter breake any of these presente articles, or be any other ways injurious to auy oue of ye other jurisdictions, such breach of agreemeute or injurie shall be duly considered and ordered by ye comissioners for ye other jurisdiction ; that both peace and this presente coufederation may be intirly preserved without violation.

" 12. Lastly, this perpetuall confederation and ye severall articles therof being read and seriously considered both by ye Generall Courte for ye Massachusets aud by ye comissioners for Plimoth, Couightecute, and New Haven were fully alowed & confirmed by 3. of the forenamed confederats, namly, ye Massa- chusets, Conightecutt, and New Haven ; only ye comissioners for Plimoth haveiug no comissiou to conclude, desired respite till they might advise with their Generall Courte; wber upon it was agreed aud coucluded by ye said Court of ye Massachusets and the comissioners for ye other tow coufederats, that if Plim- oth consente, then the whole treaty as it stands in these present articles is and shall continue firme & stable withont alteration. But if Plimoth come not in, yet ye other tbree confederats doe by these preseuts confeirme ye wholo confederation aud ye arti- cles therof: only in September uexte, when ye second meeting of ye comissioners is to be at Boston, uew consideration may be taken of the 6. article which concerns number of commissioners for meeting & concluding the affaires of this confederation to ye satisfaction of ye Courte of ye Massachusets and ye comis- sioners for ye other 2. coufederats, but the rest to stand unques- tioned. In ye testimonie whereof ye Generall Courte of ye Massachusetts by the secretary, aud ye comissioners for Conigh- tecntt and New Haven, have subscribed tbese presente articles this 19 of ye third Month, comonly called May, Auno Dom. 1643.

" At a meeting of ye comissioners for ye coufederation, held at Bostou ye 7. of Sept., it appearing that the Generall Courte of New Plimoth aud ye severall townshipes therof have read & considered & approved these articles of cou federation, as appear- eth by comission from their Generall Courte bearing date ye 29. of August, 1643, to Mr. Edward Wiuslow and Mr. William Col- lier, to ratifie aud confirme ye same on their behalfes, we there- fore, ye comissioners for ye Massachusets, Conightecutt, & New Haven doe also for our severall governments subscribe unto them.

" JOHN WINTHROP, Govn of Massachuset.

" THO : DUDLEY. THEOPH : EATON.

"GEO : FENWICK.

EDWA : HOPKINS. THOMAS GREGSON."

The eighth article of the combination is interesting as containing the germ both of the more modern fugitive slave law of the United States, and of the present provision of our Constitution and laws for requisitions by one State on another for the return of fugitives from justice. It seems to be a little doubt- ful, however, whether the right of requisition was not limited to actual prisoners, and inapplicable to persons who were merely suspected or charged with crime. The first meeting of the commissioners was an unfor- tunate one, and resulted in an act which was far from being in accord with the spirit which had always ac- tuated the Pilgrims in their treatment of the Indians, and must have been urged rather by the commission- ers of Connecticut and New Haven than by those of Massachusetts and Plymouth. The Narragansett

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tribe, after the Pcquots had been subducd, assumed to rule over the Indians about them, among whom were the Monhiggs, of whom Uncas was the sachem, who had been during the Pequot war faithful to the Connecticut settlement, and now claimed thicir pro- tection. This protection was accorded, and, in the language of Bradford, " they were engaged to support him in his just liberties, and were contented that such of the surviving Pequots as had submitted to him should remain with him and quietly under his protec- tion. This did much increase his power and augment his greatness, which the Narragansetts could not en- dure to see." Myantinomo, the chief sachem of the Narragansetts, failing to destroy him by treachery, finally attacked Uncas with a large foree. "But it pleased God," says Bradford again, "to give Uncas the victory, and he slew many of his men and wounded many more, but the chief of all was he took Miantonomo prisoner. And seeing lie was a great man and the Narragansetts a potent people and would seek revenge, he would do nothing in the case with- out the advice of the English ; so he (by the help & direction of those of Conightecutt) kept him prisoner till the meeting of the commissioners. The commis- sioners weighed the cause & passages as they were clearly represented & sufficiently evidenced betwixt Uncas and Myantinomo ; and the things being duly considered, the commissioners apparently saw that Uncas could not be safe whilst Miantonomo lived, but cither by secret treachery or open force his life would still be in danger. Wherefore they thought he might justly put such a false and blood-thirsty enemy to death ; but in his own jurisdiction, not in the English plantations. And they advised in the manner of his death all mercy and moderation should be showed contrary to the practice of the Indians, who exercise torture and cruelty. And Uncas, having hitherto showed himself a friend to the English, and in this craving their advice if the Narragansett Indians or others should urgently assault Uncas for the execu- tion, upon notice and request the English promise to assist and protect him as far as they may against such violence. This was the issue of this business. The reasons and passages hereof are more at large to be seen in the acts & records of this meeting of the commissioners. And Uncas followed this advice and accordingly executed him in a very fair manner ac- cording as they advised, with due respect to his honor and greatness."

The confederation continued until the arrival of Sir Edmund Andros in 1686, who came with a commis- sion from James the Second as Governor of New England. New Haven, however, had in 1665 been

annexed to Connecticut. Four copies of the records were kept, and one deposited in cach colony. With the exception of the records of the September meet- ing in 1646 and May, 1653, and a part of the records of September, 1648, and April, 1653, the Massachu- setts copy was destroyed by fire in 1747. The Con- necticut copy is in a good state of preservation, and as the New Haven copy is missing it was probably never completed. The Plymouth copy is deposited in the registry of deeds for Plymouth County, and is chiefly in the handwriting of Nathaniel Sowther and Nathaniel Morton, the two first secretaries of the Plymouth Colony."

About the time of the establishment of the con- federation, or soon after, the population of the town of Plymouth, by reason of the settlement of other towns, had become reduced to about one hundred and fifty, and the tendency to migration to other places, where richer soil tempted the colouists, was so strong that it was a matter of serious consideration whether . an entire removal would not be better than an enfee- bled and languishing community. It was the welfare of the church which was chiefly sought, and that it should remain as far as possible united was their anxious carc. " Many meetings and much eonsulta- tion was held hereabout," Bradford says, " and divers were men's minds and opinions. Some were still for staying together in the place, alleging men might here live if they would be content with their condition ; and that it was not for want or necessity so much that they removed as for the enriching of themselves. Others were resolute upou removal and so signified that here they could not stay ; but if the ehureh did not remove they must, insomuch as many were swayed rather than there should be a dissolution to conde- scend to a removal if a fit place could be found, that might more conveniently and comfortably receive the whole with such accession of others as might come to them for their better strength and subsistence, and some such like cautions and limitations. So as with the aforesaid provisos the greater part consented to a removal to a place called Nauset, which had been superficially viewed, and the good will of the pur- chasers (to whom it belonged) obtained, with some addition thereto from the courts. But now they began to see their error, that they had given away already the best and most commodious places to others and now wanted themselves ; for this place was about fifty miles from hence and at an outside of the country remote from all society, also that it would prove so straight as it would not be competent to receive the whole body much less be capable of any addition or increase, so as (at least in a short time) they should

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be worse there than they are now here. The which, with sundry other like considerations and inconveni- ences made them change their resolutions, but such as were before resolved upon removal took advantage of this agreement and went on notwithstanding, neither could the rest hinder them, they having made some beginning. And thus was this poor church left like an ancient mother grown old and forsaken of her children (though not in their affections) yet in regard of their bodily presence and personal helpfulness. Her ancient members being most of them worn away by death, and those of later times being like children translated into other families, and she like a widow left only to trust in God. Thus she that had made many rich became herself poor."

The tract of land called Nauset was one of those which it will be remembered were reserved by Gov- ernor Bradford in his assignment of the patent of 1629 to the colonists for the benefit of the " pur- chasers or old comers." In addition to this in 1644-45 the court granted " to the church of New Plymouth or those that goe to dwell at Nossett all that tract of land lying between sea and sea, from the purchaser's bounds at Naumsheckett to the Her- ring Brook at Billingsgate, with the said Herring Brook and all the meadows on both sides of said brook with the great Bass Ponnd there, and all the meadows and islands lying within the said tract." In 1646, Nauset was incorporated, and in 1651 its name was changed by the court to Eastham. Among those who migrated to this new settlement were Thomas Prence, John Doane, Nicholas Snow, Josiah Cook, Richard Higgins, John Smalley, and Edward Bangs, and all these names except that of Prence and that of Smalley, which has been probably changed to Small, have been always up to the present time distinctive names on the cape. Thus narrowly did Plymouth escape the loss of its distinction as the seat of gov- ernment and of the central church. If the general movement had been made it would have resulted only in the transfer of these to Eastham, and not in its extinction as a municipality. The old settlement would doubtless have continued to exist and to grow. Its harbor, its streams, its springs, the tolerable rich- ness of its soil would have attracted and sustained a population better than the new location, and it is probable that the experiment on the cape would have resulted in failure. It is strange that possibilities of greater success in agricultural pursuits should have there been found to silence the complaints of those who saw only in Plymouth the "straigtness and barrenness of its land." The language of Brad- Ford plainly indicates that he did not favor the enter-

prise, and it is not probable that either Winslow or Standish, who had found homesteads suited to their wants and tastes in Marshfield and Duxbury, lent to it their encouragement. Nothing more was heard of a removal. The discovery of richer lands in the South Meadows and other well-watered parts of what are now Carver and Plympton, drew some of the col- onists in that direction, and the gradual growth of the colony along its northern borders, in Scituate and Bridgewater, and Nemasket, put an end to the scheme of removing the government from a central point to the remotest limits of its jurisdiction.

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History of Plymouth county, Massachusetts, with biographical sketches of many of its pioneers and prominent men, Part 25

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