of fear or love; and while himself and his followers were at the sermon,' three of them withdrew from the assembly, and being pinched with hunger, (for "venter non habet aures,") broke into an English house in sermon time to get victuals. The sagamore, (an honest spirited fellow, as his after actions declared,) was hardly persuaded to order them any bodily punishment, but to prevent the shame of such attendants, forthwith sent them out of town, and followed himself not long after. About the same time,2 came a company of Eastern Indians, called Tarratines, and in the night assaulted the wigwam of the sagamore of Agawam. They were near an hundred in number, and they came with thirty canoes, (a small boat, made with the bark of birchen trees.) They slew seven men, and wounded John and James, two sagamores that lived about Boston, and carried others away captive, amongst whom one was the wife of the said James, which they sent again by the mediation of Mr. Shurd of Pemaquid, that used to trade with them, and sent word by him that they expected something in way of ransom. This sagamore of Agawam (as was usually said) had treacherously killed some of those Tarratines' families, and therefore was the less pitied of the English that were informed thereof.

These are the principal occurrents that happened at the first settling of the Plantation of the Massachusetts, wherein are briefly hinted the troubles they met withal upon the place. But Sir Christopher Gardiner, Thomas Morton, and Philip Ratcliffe, being sent back to England for several misdemeanors, endeavored what they could to undermine the Plantation of the Massachusetts, by preferring complaints against them to the King and Council; being set on by Sir Ferdinando Gorges and Captain Mason, which had begun Plantations about Pascataqua, and aimed at the general government of New England for their agent, Captain Neale, as was said. Their petition was affirmed to contain many sheets of paper, wherein, among some truth represented, were many false accusations laid to their charge; as if they intended rebellion, having cast off their allegiance, and that their ministers and people did

'On Sunday, Aug. 5; he had lodged two nights in Boston, so that he came on the third. Sav. Win. i. 86.-H.

'Not so; it was on Aug. 8, 1631. Ibid. 59-60.-H.

continually rail against the State, Church, and Bishops of England. But Sir Richard Saltonstall, Mr. Humphry, and Mr. Cradock, the first Governor of the Company, being then in England, gave a full answer to all those bold allegations and accusations, the effect of which shall more particularly be declared in the following chapte s.

Captain Levet,' about this time returning for England, died at sea; by which occasion some letters, sent from indiscreet persons, fell into the hands of them that had no good will for the Plantation, and by that means clamors were raised against them, which furnished their enemies with matters of complaint against them, which their petitions were stuffed withal. Information hereof was brought by Mr. Trevore, that arrived February 22, 1633, who brought goods and passengers for the Massachusetts. Yet, notwithstanding all their endeavors, multitudes of passengers came over every year, in all the succeeding years of the two first lustres, sc. till 1610; when, by the turn of times in England, great hopes of reformation possessed men's minds that they need not travel so far for liberty of conscience, which they expected should be granted them where they were: which put a stop to the coming over of any more passengers to New England, and occasioned a great change of their affairs thereby."

CHAP. XXVI.

The first Courts kept in the Massachusetts, after the coming over of the Governor. The carrying on of their civil affairs, from the year 1630 to 1636, with the accusations against them before the King and Council.

THE first Court of Assistants, after the arrival of the Governor and Patentees in the Massachusetts, was held at Charlestown, August 23, the same year, 1630; at which time orders were made concerning the planting of the Colony, in the several Plantations that soon began to be erected; as likewise for the regulating the wages of artificers employed in buildings, &c.; it being commonly found that men, gotten from under the reins of govern

'See Sav. Win. i. 26.-H.

At Plymouth, in the ship William. Sav. Win. i. 100.--H.

See page 273.-H.

See Prince, pp. 313-14; Sav. Win. i. 30.-H.

ment, are but like cattle without a fence, which are thereby apt to run wild and grow unruly, without good laws.

September 7, 1630. At another session of the Court, the Governor and Assistants considering the danger they might be exposed unto, in the midst of several nations of Indians, (in most of which they had little reason to put much confidence,) to prevent any possibility of arming such, as in future time might prove as goads in their eyes and thorns in their sides, it was enacted to be £10 fine for any that should permit an Indian the use of a gun, the first offence; the second offence they were to be imprisoned and fined at discretion; which it had been well if it had been observed. But all the foresight in the world will not prevent a mischief that is designed upon a place or people, as the fruit of their own folly, as in after time came to pass. And in some regard, it had been well such laws had never been made, unless they had been better observed.

At the next meeting of the Court, some care was had about the more orderly settling of the civil government, for the preserving the liberty of the people, and preventing any entrenching thereon by the power of the rulers; (it being feared, at least it was then supposed by some, that the waves of the sea are not more ready to overflow their banks, when driven by the wind and tide, than the minds of men, naturally carried with that of ambition, are to invade the rights and liberties of their brethren.) Therefore, to prevent all inconveniences of like nature possible to arise, October 19, 1630, at a General Court of the whole company, it was with joint consent agreed, and by erection of hands declared, that the freemen of the company should choose the Assistants, from among themselves; and that the Assistants should choose the Governor and Deputy, from among themselves; and those so chosen should have power to make all laws, and choose officers to execute them: which order was not very long lived, for it remained in force only till the Court of Election, Anno 1632, when the election of the Governor was ordered otherwise.2 The next thing most material, happening at this session,

1 September 28, says Prince, page 317.-H. 'See page 149.-н.

was the addition of one hundred and seven1 persons to the number of the freemen, enough for a foundation.

The first Court of Election that happened in the Massachusetts was on May 18, 1631, when the former Governor and Deputy Governor, viz. Mr. Winthrop and Mr. Dudley, were chosen again into the same place they had before. In the like manner did the choice proceed amongst the Assistants, sc. to as many of them as were then found in the land of the living: some of them being, before that time came about, received into another world.

At the said Court of Election, for the explanation of the former order of October 19, it was ordered by the full consent of all the commons present, that once every year shall be a General Court, when the commons shall have power to nominate any one whom they desire, to be chosen Assistant, and to remove any one or more that was before chosen in that place, as they should see occasion. And if the vote were not clear, it should be tried by the poll. And further, that the body of the commons might be preserved of good honest men, it was ordered and agreed, that for time to come, no man be admitted to the freedom of the body politic, but such as are members of some of the churches within the limits of the same.

d

Within the compass of the year 1631 arrived not so many ships as did the year before, fraught with sundry passengers with their families, bringing along with them all sorts of cattle, for the storing of the country therewith, fit for the beginning of a new plantation; which with the blessing of Heaven so increased, that within a few years the inhabitants were furnished with not only enough for themselves, but were able also to supply other places therewith. For many that wished well to the Plantation were desirous to see how their friends liked, that went first. But in the third year many ships with passengers arrived there, and sundry persons were this year added to the number of the freemen, the whole, within two or three years after, amounting to two hundred and seventy.

Should be one hundred and eight. See their names, Sav. Win. ii.

361-2.-H.

The General Court in the year 1632 happened on the 9th of May; when it was ordered, that the Governor, Deputy Governor, and the Assistants, should be chosen by the whole court of Governor, Deputy, Assistants, and freemen; and that the Governor should be chosen out of the Assistants, to prevent any inconveniency that might arise in case it should be otherwise, as was found by experience not many years after.

At this time Mr. Winthrop was again, by the general consent of the people, called to the place of Governor, and Mr. Dudley to that of Deputy, as before, and the same Assistants which were in the former year.

*Amongst those that came to New England in the year 1630, mention was made of one Sir Christopher Gardiner, being (as himself said) descended of Gardiner, bishop of Winchester, who was so great a persecutor of good Protestants in Queen Mary's days. He being a great traveller received his first honor of knighthood at Jerusalem, being made Knight of the Sepulchre there, and very well became that title, being himself a mere whited sepulchre, as he soon discovered afterwards. He came into those parts in pretence of forsaking the world, and to live a private life in a godly course, not unwilling to put himself upon any mean employment, and take any pains for his living, and sometimes offered himself to join to the church in sundry places. He brought over with him a servant or two, and a comely young woman, whom he called his cousin; but it was suspected that (after the Italian manner) she was his concubine. He living at the Massachusetts, for some miscarriages there, for which he should have answered, fled away from authority, and got amongst the Indians in the jurisdiction of New Plymouth. The Governor of the Massachusetts sent after him, but could not get him, and promised some reward to those that should find him. The Indians came to the Governor of Plymouth, and told where he was, and asked if they might kill him. But the said Governor told them, no, they should not kill him by no means; but if they could 'government||

||these||

This account of Gardiner, &c. to p. 152, is also in MORTON'S Memorial. See year 1632, 116-119. ed. 1721, 12mo. Bost., or p. 93-97. ed. 1772.

4to. Newport. ED.

1 8th, says Sav. Win. i. 75. But see Prince, p. 393.—H.