USA > Massachusetts > Plymouth County > Scituate > The early planters of Scituate; a history of the town of Scituate, Massachusetts, from its establishment to the end of the revolutionary war > Part 18
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During these years, 1655 and 1657, Cudworth was also one of the Plymouth Commissioners of the United Colonies. In the former John Brown of Plymouth, a quiet, resource- ful man not unlike Cudworth himself, and his very warm friend, was his associate on the Commission. In the latter year it was Governor Prence. In September 1657 the Com- missioners had been informed "that divers Quakers are arrived this summer att Road Island and entertained there, which may prove dangerous to the Collonies." They wrote a letter to their Rhode Island neighbors containing an illy concealed threat couched in language which embraced them with the most affectionate greetings, but roundly denounced the Quakers. It sought that the Colony of Rhode Island should prohibit the coming of this sect to that plantation under severe penalties and ended :---
"and we further declare that wee apprehend that it will be our Duty seriously to consider what further provi- sion God may call us to make to prevent the aforesaid mischiefs; and for our further guidance and direction heerin wee desire you to Imparte youer mind and Resolution to the General Court of Massachusetts which Assembleth the 14th of October next." i
+ Acts of the Commissioners of the United Colonies Vol. II Page 180.
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'All the Commissioners except Cudworth signed this letter. He refused; and later, among his colleagues in the magistracy at Plymouth he not only fought the enactment of the law i for the banishment and punishment of the Quak- ers but delivered himself concerning the Quakers, their beliefs and actions, as a most tolerant lawgiver. In 1657 the trouble which had been threatening came to the surface. Cudworth charged that certain of the magistrates conspired with some unfriendly neighbors in Scituate, nineteen in number, to oust him from his position as the head of the town's military company.
1 At a meeting of the Commissioners of the United Colonies of New England held at Boston on the second day of September 1658 the following ordinance against the Quakers was proposed by the Commissioners for adpotion and enactment by the four colonies of Massachusetts, Plymouth, Rhode Island, Connecticut and New Haven.
"Whereas there is an accursed and pernicious seett of heritiques lately Risen up in the world whoe are comonly called Quakers whoe take upon them to bee ymediately sent of God and Infallably assisted; who soe speake and writ blasphemos thinges dispising Government and the order of God in Church and Comonwealth the speaking of dignities Reproching and Reviling Majestrates and minnesters of the Gospell seeking to turne the people from the faith and to gain proselites to their pernicious wayes; and whereas the severall Jurisdictions have made divers lawes to prohibite and Restraine the aforesaid cursed heretiques from coming amongst them; yet notwithstanding they are not detered thereby; But ar- rogantly and presumptuously doe presse into severall of the juris- dictions and there vent their pernicious and divellish oppinions which being permitted tends manifestly to the Disturbance of our peace; the withdrawing of the harts of the people from theire sub- jection to Government and soe in Issue to cause division and Reuin if not timely prevented it is therefore propounded and seriously comended to the severall general Courts upon the considerations aforesaid to make a law.
That all such Quakers formerly convicted and punished as such (if they Returne againe) bee Imprisoned and forthwith banished or expelled out of the said Jurisdiction under paine of Death and if afterwards they presume to come again into that Jurisdiction then to bee put to death as presumtuously Incorragable unlesse they shall plainly and publickly Renounce their cursed opinions; and for such Quakers as shall come into any Jurisdiction from any for- raigne partes of such as shall arise within the same after due. conviction, that either hee or shee is of that cursed sect of heri- tiques they bee banished under paine of severe Corporall punish- ment and if they Returne againe then to bee punished accordingly and banished under paine of death and if afterwards they shall
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Undoubtedly he was correct in his ascertion. i At a session of the court held on the second day of March, 1657, the following action was taken :-
"Whereas this Court received a petition from sundry persons of the town of Scituate, both the millitary companie and others, therein expressing sundry griev- ances relating unto some late carriages of Capt. James Cudworth a comission officer of the milletary compan- ie of Scituate, in reference to entertaining of such persons as are comonly called Quakers, by suffering them to meet in his house, and others with them, which said Quakers have rendered themselves in theire doc- trines, speeches and carriages destructive of the peace of this jurisdiction, the Court having seriously weyed and considered the premises, together with other con- current expressions which have come from him, the said Capt. Cudworth, which in their nature, as wee ap- prehend, tendeth to the desturbance of the peace of this present government, doe order as followeth, viz: that the said Captaine James Cudworth, by the Court is discharged of his place as Capt. of the milletary com- pany of the towne of Scittuate; the said Capt. James Cudworth also desired the same."
yett presume to come againe then to bee putt to death as aforesaid except they doe then and theire plainly and publickly Renounce theire said cursed opinions and Devillish tenetts.
These foregoing Conclusions were agreed and subscribed by the Commissioners on the 23rd day of September.
FRANCIS NEWMAN WILLIAM LEETE
JOHN ENDICOTT, Presedent SIMON BRADSTREET, THOMAS PRENCE JOSIAAS WINSLOW JOHN WINTHROP, looking att the last as a query and not an Act, I subscribe JOHN TALCOTT
+ Contained in a letter to Mr. John Browne who was then tem- porarily in England. "A seditious letter sent for England, the copy whereof has come over in print." Plymouth Colony Records Vol. III Page 188.
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This order was thereupon issued to Lieut. Torrey and Ensign Williams.
"The Court, seeing cause to discharge Capt. James Cudworth of his place as captaine of the milletary companie of Scituate, do by these presents order and require you, Lieutenant James Torrey and Ensigne John Williams, to dissipline the said companie as oc- cation shall require untill you shall have further order from the Court; and that you signify and declare in the head of youer company that they are to obey you, in all lawfull milletary comands as theire milletary comanders in cheife, and to carry peaceably and quiet- ly respecting the premises."
Although the deposed officer was willing to be deprived of his command, not so the members of the company itself. Cudworth was popular with them; but for his cooler coun- sels they would have laid down their muskets, disbanded, and refused to further bear arms in defense of the colony. This action, had it been permitted by him, would have entailed serious consequences, for in 1657 military duty was compulsory upon every man both freeman and for- eigner, between the ages of sixteen and sixty.
The loyalty to Cudworth of a large majority of his townsmen was shown at the next general election when he was returned as an Assistant to the Colony Court, and again in 1659 when he was chosen a Deputy. Under the law as it then existed, the Governor and Assistants might exercise the veto power upon the action of any town in choosing a given person as deputy. They might reject him. When Cudworth was so chosen, Governor Prence and Alden, Winslow, Bradford, Thomas Southworth of Plymouth and Thomas Hinckley of Barnstable together constituted the court, and he was not approved. At this same court, fifty- four of his neighbors presented a petition asking for the reinstatement of their captain to his military command.
The Court would not accede to their request and sent them this answer :-
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JAMES CUDWORTH
"An Answare to a Petition prefered to the Court by divers of the Towne of Scittuate
Youer petition presented to the Court they have serious- ly weighed, and being affectionately desirouse to grat- ify youer desires to youer full satisfaction soe farr as they may, yett considering the dissatisfaction of the countrey yett remaining concerning youer former Capt. as appeers by their dismising of him from that place of trust to which hee was by youer town chosen, and in reason would bee ill resented by them, if att such a time as this wee should confeirme him in such a place of trust as you desire; and therefore hope you will not account it any disrespect unto youerselves that he is not confirmed in statu quo prius according to youer request.
By order of the Court. per me Nathaniel Morton, Clarke." t
Meantime the letter referred to above had reached Mr. Browne in London, been printed there, and copies of it sent to Plymouth. The last paragraph of it which held the Court and its members up to ridicule was especially dis- pleasing. Cudworth wrote :-
"As to the state and condition of things amongst us, it is sad, and so like to continue. The antichristian, persecuting spirit is very active, and that in the powers of this world. He that will not lash, persecute and punish men that differ in matters of religion, must not sit on the bench, nor sustain any office in the Common- wealth. Last election Mr. Hatherly and myself were left off of the bench, and myself discharged of my Captainship, because I had entertained some of the Quakers at my house, thereby that I might be the better acquainted with their principles. I thought it better to do so, than with the blind world to censure, condemn, rail at, and revile them, when they neither saw their
Plymouth Colony Records, Vol. III, Page 168.
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persons nor knew any of their principles. But the Quakers and myself cannot close in diverse things, and so I signified to the Court; but told them withal, that as I was no Quaker, so I would be no persecutor.
This spirit did work those two years that I was of the Magistracy, during which time, I was, on sundry occasions, forced to declare my dissent in sundry act- ings of that nature; which altho' done with all moder- ation of expression, together with due respect unto the rest, yet it wrought great disaffection and prejudice in them against me; so that they themselves set others to frame a petition against me, so that they may have a seeming ground (though first moved by themselves) to lay me under reproach. The petition was with nineteen hands; it will be too long to make rehearsal. It wrought such a disturbance in our town, and in our military Company, that when the act of Court was read at the head of the Company, had I not been present and made a speech to them, I fear there would have been such actings as would have been of sad consequence. The Court was again followed with another petition (counter) of fifty-four hands; and the Court returned the petitioners an answer, with much plausibleness of speech, carrying with it great show of respect to them, readily acknowledging with the petitioners my parts and gifts, and how useful I had been in my place professing that they had nothing against me, only in that thing of my giving entertainment to the Quakers." (Here follow extracts of the laws against the Quak- ers, &c) "All these carnal and anti-christian ways, being not of God's appointment, effect nothing to the hindering of them in their course. It is only the word and the Spirit of the Lord that is able to convince gainsayers. They have many meetings and many ad- herents; almost the whole town of Sandwich. And give me leave to acquaint you a little with their suffer-
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ings, which is grievous, and saddens the hearts of most of the precious saints of God; it lies down and rises up with them, and they cannot put it out of their minds, when they see poor families deprived of their comforts and brought into penury and want. As for the means by which they are impoverished-they were in the first place, scrupulous of an oath; why then we must put in force an old law; they must all take the oath of fidelity-this being tendered they will not take it-then they must pay five pounds, or depart the Col- ony in such a time; when the time comes, the Marshall goes and fetcheth away their cows, and other cattle; another court comes, they are required again to take the oath -- they cannot-then five pounds more. A poor weaver than had 7 or 8 small children, had but two cows, and both were taken from him. The Mar- shall asked him what he would do-and the man said, that "God who gave him them, he doubted not would still provide for him." The last Court of Assistants was pleased to determine fines on Sandwich men for meetings, one hundred and fifty pounds, whereof W. Newland is twenty-four pounds, for himself and wife, at ten shillings a meeting -- W. Allen forty-six pounds -- the poor weaver before spoken of twenty pounds. Brother Cook told me, one of the brethren of Barn- stable was in the weaver's house, when cruel Barloe (Sandwich Marshall) came to demand the sum, and said he was fully informed of all the poor man had, and thought it not worth ten pounds. What will be the end of such courses and practises the Lord only knows. x x x x x x I am informed of three or four score, last Court presented, for not coming to publick meetings; and let me tell you how they brought this about. You may remember a law once made called Thomas Hinckley's law, 'that if any neglect the worship of God in the place where he lives, and set up
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a worship contrary to God, and the allowance of this Government, to the publick profanation of God's Holy Day, and ordinances, he shall pay 10 shillings.' This law would not reach what then was aimed at, because he must do all things therein express'd, or else break not the law. In March last a Court of Deputies was called and some acts touching Quakers were made, and then they contrived to make this law serviceable to them, by putting out the word (and) and putting in the word (or), which is a disjunctive, and makes every branch to become a law; yet they left it dated June 6, 1651; and so it stands as an act of the Gen. Court, they to be the authors of it seven years before it was in being; and so yourselves have a share in it, if the Record lie not.
"We are wrapped up in a labyrinth of confused laws, that the freeman's power is quite gone, and it was said last June Court by one that he knew nothing the free- men had there to do. Sandwich men may not go to the Bay lest they be taken up for Quakers-warrants lie in ambush, to apprehend and bring them before a Magis- trate, to give an account of their business. Some of the Quakers in R. I. came to bring them goods, and that on far more reasonable terms than the professing and oppressing Merchants of the County-but that will not be suffered. And truly it moves bowels of com- passion in all sorts, except those in place, who carry it with a high hand towards them. Through mercy, we have yet among us, the worthy Mr. Dunster, whom the Lord hath made boldly to bear testimony against the spirit of persecution.
"Our bench now is Thomas Prence, Gov., Mr. Col- lier, Capt. Willet, Capt. Winslow, Mr. Alden, Lieut. Southworth, W. Bradford, Thomas Hinckley. Mr. Collier, last June, would not sit on the bench if I sat there, and will not sit the next year, unless he may
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have thirty pounds to sit by him. f Our Court and Deputies last June, made Capt. Winslow, Major. Surely we are all mercenary soldiers, that must have a Major imposed upon us. Doubtless, the next Court, they may choose us a Governor, and Assistants also; a freeman shall need to do nothing but bear such bur- dens as are laid upon him. Mr. Alden hath deceived the expectations of many, and indeed lost the affections of such as I judge were his cordial Christian friends, who is very active in such ways as I pray God may not be charged upon him to be oppressions of a high nature."
What would naturally follow such an attack happened. On the seventh of March 1659, this order was entered :- "Att the Generall Court held att Plymouth, the seav- enth day of March, 1659.
Before Thomas Prence, Gov'r.
William Collyare
Josias Winslow Thomas Southworth
John Alden William Bradford & Thomas Willett Thomas Hinckley
Assistants &c.
In reference to Capt. James Cudworth, the Court takeing notice of his great disaffection to this govern- ment and manifest abetting and incurragement of those called Quakers, expressed partly in a letter, owned by himselfe in the manor of sending it, and in many other carriages of his knowne to us, and alsoe in a letter strongly conjectured and suspected to bee by him sent unto England, the which himselfe hath not yett de- neyed :-
The premises considered, the Court see cause to bind him over to make a further answare heerunto att the next General Court, to bee holden in June next; and doe therefore require that hee put in good security to
+ Plymouth Colony Records Vol. III, Page 166.
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the value of five hundred pounds, for the end above said." f
Although the pound sterling did not then represent the value which now attaches to it, the bail thus required was nevertheless oppressively large. The Bill of rights, as it had then been adopted, did not contain the provision of our present day Constitution, that excessive bail shall not be required.
The sum in which Cudworth was forced to recognize gives a very clear idea of the importance of this prosecution, to the entire colony. The names of his sureties do not ap- pear. It may fairly be inferred however, that his friend Timothy Hatherly was one of them. When June arrived, the case was continued, probably because of the inability to obtain the presence of Mr. Browne to whom the letter had been written. The same bond was continued. This entry appears :-
"In reference unto a seditious letter sent for England a copy whereof is come over in print, Captaine Cud- worth, being groundedly suspected to bee the author thereof, the Court have ordered that hee shall put in sufficient securitie, to the value of five hundred pounds for his appearance att the next October Court, and soe from one General Court unto another untill June next if the Court shall see reason; and the Court doe use their best endeavours forthwith to procure further testi- mony from Mr. Browne, or any other for the clearing of the case." #
But the indignant magistrates led by the vengeful Prence were not to be stayed from taking some action against their critic because of the absence of Mr. Brown. Anoth- er letter, which Cudworth had addressed to his enemy the Governor, was produced. It was not deemed wise to go to trial upon this communication alone and on the second day
Plymouth Colony Records, Vol. III, Page 183.
Plymouth Colony Records, Vol. III, Page 189.
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JAMES CUDWORTH
of October the trial was again postponed to await the ar- rival of Mr. Brown to whom the most incriminating letter had been written from London. The case was of such con- sequence to the Court that Major Winslow and Thomas Southwort, both members of it, were "Appointed and de- puted by the Court to implead the case, and it is left to their libertie to make choise of whome they please out of the deputies or freemen to be assistant to them therein." This appointment, seemingly unfair, loses somewhat its aspect of injustice, when it is remembered that in those days there was neither Attorney General nor Public Prosecutor, and the offence for which Cudworth was to be tried was against the court itself. Brown having finally returned and being present, was interrogated. The record f says :-
"Mr. Browne, being deposed, testifyed in Court having heard a printed letter read, that is supposed to bee sent from Capt. James Cudworth to himselfe; hee tes- tifyed that hee did receive a letter subscribed James Cudworth, of Scituate, which was the substance of what hee had now heard, but to all particulars his memory would not reach; and further saith that when he received the said letter hee did not question but it was his hand.
The said Capt. Cudworth being required to answare whether it was pened by him or not, refused to answare directly, saying, if any thinge could be produced under his hand, hee would take to it, or to the like effect; on which the Court prepared for a further tryall of the case for the clearing of theire innossensy concerning the premises, according to the manor before expressed, and the said Capt. Cudworth was for the present released." #
+ Plymouth Colony Records Vol. III, Page 199.
foot A note on the margin of the record in the handwriting of Nathaniel Morton the "clarke" says, "Att this Court Capt. Cud- worth appeered, being bound, and others with him, in the sume of five hundred pounds, and the bonds were cancelled and the said Capt. Cudworth for the present released."
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This ended the abortive attempt of the magistrates to punish Cudworth for the criticism of them and their meth- ods. The records of the Court to which the case was adjourned contain no reference to it. Whether the matter was dropped because of the failure of Browne to produce the original letter or whether the proclamation of Charles II, who had just been restored to the throne of England, was the controlling cause, the trial never proceeded further. Prence's persecution however did not cease. On June 6, 1660 Cudworth was disfranchised by the following order :
"Captaine Cudworth being found a manifest op- poser of the lawes of the government in a letter direct- ed by him to the Governor and otherwise, is sentenced, according to the law to bee disfranchised of his free- dome of this corporation."
For twelve years thereafter Cudworth lived on his Mann Hill farm with no public duties to harrass him. He was still busied as arbitrator or umpire in the land disputes of his neighbors and indeed, was appointed by the Magistrates themselves, to settle some of the quarrels which arose. He laid out William Randall's land at the North River, acted with Joseph Tilden, Lieut. Torrey and Cornet Stetson in making division of the undivided lands between John Wil- liams, father and his son, and appraised the property of the latter in his alimony difficulty with his wife Elizabeth. He also found time to settle his own bounds with that litigious individual. He served on committees to settle the division of the Scituate common land; to lay out lands to "the old or first comers" and was requested by the. Bench to act as its immediate and personal representative in rebuking his neighbor Richard Man for this freeman's breach of the Sabbath. During all this time he bore himself quietly, modestly and with a dignity out of which he never could be surprised or cajoled into complaining. The day came when he was to be publicly restored to his right and station.
Prence having been succeeded by Governor Josiah Wins- low, on July fourth 1673 the Magistrates :-
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"Voted Captaine James Cudworth, upon his owne de- sire and the request of sundry others in his behalfe, to be reestablished into the right and priviledge of a freeman of this jurisdiction; and hee did openly declare before the Court that he is and remaines bound by the oath of a freeman, which hee formerly tooke, unto all fealty and duty therein required unto his Majestie, &c and unto this government. f.
In the following year another expedition,-one of those sporadic uprisings of sentiment against the Dutch at New York-was in contemplation and Governor Winslow offer- ed to Major Cudworth the position of General and Com- mander-in-Chief of all the Plymouth forces. This he declined, urging his own "unsufficiency" and the age and illness of his wife. His magnanimity of spirit is shown in a paragraph of his letter # to the Governor in which he refers to his persecution under Prence. He says :-
"Sir, I can truly say that I do not in the least waive the business out of any discontent in my spirit arising from any former difference; for the thought of all which, is and shall be forever buried, so as not to come in remembrance."
It was with different feelings however that he accepted the same position tendered him at the opening of Phillip's War. He now justified his expression on the above letter wherein he said "It" (the declination) is "neither out of any effeminate or dastardly spirit; but I am as freely will- ing to serve my King and Country as any man, in what I am capable and fitted for." He was disinclined to lead his troops against the neighboring colonists of New York in warfare for the conquest of additional territory; but when called upon to engage in conflict with the treacherous enemy at home, it was without hesitation that he sought the thick
Plymouth Colony Records.
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