Part 36

M^r. Bradford, M^r. Winslow, M^r. Prence, Captaine Standish, M^r. Brewster, M^r. Alden, & M^r. Howland, give me leave to joyne you all in one letter, concerning y^e finall end & conclude of y^t tedious & troublsome bussines, & I thinke I may truly say uncomfurtable & unprofitable to all, &c. It hath pleased God now to put us upon a way to sease all suits, and disquieting of our spirites, and to conclude with peace and love, as we began. I am contented to yeeld & make good what M^r. Attwood and you have agreed upon; and for y^t end have sente to my loving friend, M^r. Attwood, an absolute and generall release unto you all, and if ther wante any thing to make it more full, write it your selves, & it shall be done, provided y^t all you, either joyntly or severally, seale y^e like discharge to me. And for y^t end I have drawne one joyntly, and sent it to M^r. Attwood, with y^t I have sealed to you. Mr. Andrews hath sealed an aquitance also, & sent it to M^r. Winthrop, whith such directions as he conceived fitt, and, as I hear, hath given his debte, which he maks 544^li. unto y^e gentlemen of y^e Bay. Indeed, M^r. Welld, M^r. Peters, & M^r. Hibbens have taken a great deale of paines with M^r. Andrews, M^r. Beachamp, & my selfe, to bring us to agree, and to y^t end we have had many meetings and spent much time aboute it. But as they are very religious & honest gentle-men, yet they had an end y^t they drove at & laboured to accomplish (I meane not any private end, but for y^e generall good of their patente). It had been very well you had sent one over. M^r. Andrew wished you might have one 3. parte of y^e 1200^li. & the Bay 2. thirds; but then we 3. must have agreed togeather, which were a hard mater now. But M^r. Weld, M^r. Peters, & M^r. Hibbens, & I, have agreed, they giving you bond (so to compose with M^r. Beachamp, as) to procure his generall release, & free you from all trouble & charge y^t he may put you too; which indeed is nothing, for I am perswaded M^r. Weld will in time gaine him to give them all that is dew to [251] him, which in some sorte is granted allready; for though his demands be great, yet M^r. Andrewes hath taken some paines in it, and makes it appear to be less then I thinke he will consente to give them for so good an use; so you neede not fear, that for taking bond ther to save you harmles, you be safe and well. Now our accord is, y^t you must pay to y^e gentle-men of y^e Bay 900^li.; they are to bear all chargs y^t may any way arise concerning y^e free & absolute clearing of you from us three. And you to have y^e other 300^li. &c.

Upon y^e receiving of my release from you, I will send you your bonds for y^e purchass money. I would have sent them now, but I would have M^r. Beachamp release as well as I, because you are bound to him in them. Now I know if a man be bound to 12. men, if one release, it is as if all released, and my discharge doth cutt them of; wherfore doubte you not but you shall have them, & your commission, or any thing els that is fitt. Now you know ther is tow years of y^e purchass money, that I would not owne, for I have formerley certified you y^t would but pay 7. years; but now you are discharged of all, &c.

Your loving and kind friend in what I may or can, JAMES SHERLEY.

June 14. 1642.

The coppy of his release is as followeth.

Wheras diverce questions, differences, & demands have arisen & depended betweene William Bradford, Edward Winslow, Thomas Prence, Mylest Standish, William Brewster, John Allden, and John Howland, gent: now or latly inhabitants or resident at New-Plimoth, in New-England, on y^e one party, and James Sherley of London, marchante, and others, in th' other parte, for & concerning a stocke & partable trade of beaver & other comodities, and fraighting of ships, as y^e White Angell, Frindship, or others, and y^e goods of Isaack Allerton which were seazed upon by vertue of a leter of atturney made by y^e said James Sherley and John Beachamp and Richard Andrews, or any other maters concerning y^e said trade, either hear in Old-England or ther in New-England or elsewher, all which differences are since by mediation of freinds composed, compremissed, and all y^e said parties agreed. Now know all men by these presents, that I, the said James Sherley, in performance of y^e said compremise & agreemente, have remised, released, and quite claimed, & doe by these presents remise, release, and for me, myne heires, executors, & Administrators, and for every of us, for ever quite claime unto y^e said William Bradford, Edward Winslow, Thomas Prence, Myles Standish, William Brewster, John Allden, & John Howland, and every of them, their & every of their heires, executors, and administrators, all and all maner of actions, suits, debts, accounts, rekonings, comissions, bonds, bills, specialties, judgments, executions, claimes, challinges, differences, and demands whatsoever, with or against y^e said William Bradford, Edward Winslow, Thomas Prence, Myles Standish, William Brewster, John Allden, and John Howland, or any of them, ever I had, now have, or in time to come can, shall, or may have, for any mater, cause, or thing whatsoever from y^e begining of y^e world untill y^e day of y^e date of these presents. In witnes wherof I have hereunto put my hand & seale, given the second day of June, 1642, and in y^e eighteenth year of y^e raigne of our soveraigne lord, king Charles, &c.

JAMES SHERLEY.

Sealed and delivered in y^e presence of THOMAS WELD, HUGH PETERS, WILLIAM HIBBINS. ARTHUR TIRREY, Scr. THO: STURGS, his servante.

M^r. Andrews his discharg was to y^e same effecte; he was by agreem[=e]te to have 500^li. of y^e money, the which he gave to them in y^e Bay, who brought his discharge and demanded y^e money. And they tooke in his release and paid y^e money according to agreem[=e]te, viz. one third of the 500^li. they paid downe in hand, and y^e rest in 4. equall payments, to be paid yearly, for which they gave their bonds. And wheras 44^li. was more demanded, they conceived they could take it of with M^r. Andrews, and therfore it was not in the bonde. [252] But M^r. Beachamp would not parte with any of his, but demanded 400^li. of y^e partners here, & sent a release to a friend, to deliver it to them upon y^e receite of y^e money. But his relese was not perfecte, for he had left out some of y^e partners names, with some other defects; and besids, the other gave them to understand he had not near so much due. So no end was made with him till 4. years after; of which in it plase. And in y^t regard, that them selves did not agree, I shall inserte some part of M^r. Andrews letter, by which he conceives y^e partners here were wronged, as followeth. This leter of his was write to M^r. Edmond Freeman, brother in law to M^r. Beachamp.

M^r. Freeman,

My love remembred unto you, &c. I then certified y^e partners how I found M^r. Beachamp & M^r. Sherley, in their perticuler demands, which was according to mens principles, of getting what they could; allthough y^e one will not shew any accounte, and y^e other a very unfaire and unjust one; and both of them discouraged me from sending y^e partners my accounte, M^r. Beachamp espetially. Their reason, I have cause to conceive, was, y^t allthough I doe not, nor ever intended to, wrong y^e partners or y^e bussines, yet, if I gave no accounte, I might be esteemed as guiltie as they, in some degree at least; and they might seeme to be y^e more free from taxation in not delivering their accounts, who have both of them charged y^e accounte with much intrest they have payed forth, and one of them would likwise for much intrest he hath not paid forth, as appeareth by his accounte, &c. And seeing y^e partners have now made it appear y^t ther is 1200^li. remaining due between us all, and that it may appear by my accounte I have not charged y^e bussines with any intrest, but doe forgive it unto y^e partners, above 200^li. if M^r. Sherley & M^r. Beachamp, who have betweene them wronged y^e bussines so many 100^li. both in principall & intrest likwise, and have therin wronged me as well and as much as any of y^e partners; yet if they will not make & deliver faire & true accounts of y^e same, nor be contente to take what by computation is more then can be justly due to either, that is, to M^r. Beachamp 150^li. as by M^r. Allertons accounte, and M^r. Sherleys accounte, on oath in chancerie; and though ther might be nothing due to M^r. Sherley, yet he requirs 100^li. &c. I conceive, seing y^e partners have delivered on their oaths y^e su[=m]e remaining in their hands, that they may justly detaine y^e 650^li. which may remaine in their hands, after I am satisfied, untill M^r. Sherley & M^r. Beachamp will be more fair & just in their ending, &c. And as I intend, if y^e partners fayrly end with me, in satisfing in parte and ingaging them selves for y^e rest of my said 544^li. to returne back for y^e poore my parte of y^e land at Sityate, so likwise I intend to relinquish my right & intrest in their dear patente, on which much of our money was laid forth, and also my right & intrest in their cheap purchass, the which may have cost me first & last 350^li.[EO] But I doubte whether other men have not charged or taken on accounte what they have disbursed in y^e like case, which I have not charged, neither did I conceive any other durst so doe, untill I saw y^e accounte of the one and heard y^e words of y^e other; the which gives me just cause to suspecte both their accounts to be unfaire; for it seemeth they consulted one with another aboute some perticulers therin. Therfore I conceive y^e partners ought y^e rather to require just accounts from each of them before they parte with any money to either of them. For marchants understand how to give an acounte; if they mean fairley, they will not deney to give an accounte, for they keep memorialls to helpe them to give exacte acounts in all perticulers, and memoriall cannot forget his charge, if y^e man will remember. I desire not to wrong M^r. Beachamp or M^r. Sherley, nor may be silente in such apparente probabilities of their wronging y^e partners, and me likwise, either in deneying to deliver or shew any accounte, or in delivering one very unjuste in some perticulers, and very suspitious in many more; either of which, being from understanding marchants, cannot be from weaknes or simplisitie, and therfore y^e more unfaire. So comending you & yours, and all y^e Lord's people, unto y^e gratious protection and blessing of y^e Lord, and rest your loving friend,

RICHARD ANDREWES.

Aprill 7. 1643.

This leter was write y^e year after y^e agreement, as doth appear; and what his judgmente was herein, y^e contents doth manifest, and so I leave it to y^e equall judgmente of any to consider, as they see cause.

Only I shall adde what M^r. Sherley furder write in a leter of his, about y^e same time, and so leave this bussines. His is as followeth on y^e other side.[EP]

[253] Loving freinds, M^r. Bradford, M^r. Winslow, Cap: Standish, M^r. Prence, and y^e rest of y^e partners w^th you; I shall write this generall leter to you all, hoping it will be a good conclude of a generall, but a costly & tedious bussines I thinke to all, I am sure to me, &c.

I received from M^r. Winslow a letter of y^e 28. of Sept: last, and so much as concernes y^e generall bussines I shall answer in this, not knowing whether I shall have opportunitie to write perticuler letters, &c. I expected more letters from you all, as some perticuler writs,[EQ] but it seemeth no fitt opportunity was offered. And now, though y^e bussines for y^e maine may stand, yet some perticulers is alltered; I say my former agreemente with M^r. Weld & M^r. Peters, before they[ER] could conclude or gett any grante of M^r. Andrews, they sought to have my release; and ther upon they sealed me a bond for a 110^li. So I sente my acquittance, for they said without mine ther would be no end made (& ther was good reason for it). Now they hoped, if y^ey ended with me, to gaine M^r. Andrews parte, as they did holy, to a pound, (at which I should wonder, but y^t I observe some passages,) and they also hoped to have gotten M^r. Beachamps part, & I did thinke he would have given it them. But if he did well understand him selfe, & that acounte, he would give it; for his demands make a great sound.[ES] But it seemeth he would not parte with it, supposing it too great a sume, and y^t he might easily gaine it from you. Once he would have given them 40^li. but now they say he will not doe that, or rather I suppose they will not take it; for if they doe, & have M^r. Andrewses, then they must pay me their bond of 110^li. 3 months hence. Now it will fall out farr better for you, y^t they deal not with Mr. Beachamp, and also for me, if you be as kind to me as I have been & will be to you; and y^t thus, if you pay M^r. Andrews, or y^e Bay men, by his order, 544^li. which is his full demande; but if looked into, perhaps might be less. The man is honest, & in my conscience would not wittingly doe wronge, yett he may forgett as well as other men; and M^r. Winslow may call to minde wherin he forgetts; (but some times it is good to buy peace.) The gentlemen of y^e Bay may abate 100^li. and so both sids have more right & justice then if they exacte all, &c. Now if you send me a 150^li. then say M^r. Andrews full sume, & this, it is nere 700^li. M^r. Beachamp he demands 400^li. and we all know that, if a man demands money, he must shew wherfore, and make proofe of his debte; which I know he can never make good proafe of one hunderd pound dew unto him as principall money; so till he can, you have good reason to keep y^e 500^li. &c. This I proteste I write not in malice against M^r. Beachamp, for it is a reall truth. You may partly see it by M^r. Andrews making up his accounte, and I think you are all perswaded I can say more then M^r. Andrews concerning that accounte. I wish I could make up my owne as plaine & easily, but because of former discontents, I will be sparing till I be called; & you may injoye y^e 500^li. quietly till he begine; for let him take his course hear or ther, it shall be all one, I will doe him no wronge; and if he have not on peney more, he is less loser then either M^r. Andrews or I. This I conceive to be just & honest; y^e having or not having of his release matters not; let him make such proafe of his debte as you cannot disprove, and according to your first agreemente you will pay it, &c.

Your truly affectioned friend, JAMES SHERLEY.

London, Aprill 27. 1643.

_Anno Dom: 1643._

I am to begine this year whith that which was a mater of great saddnes and mo[=u]ring unto them all. Aboute y^e 18. of Aprill dyed their Reve^d Elder, and my dear & loving friend, M^r. William Brewster; a man that had done and suffered much for y^e Lord Jesus and y^e gospells sake, and had bore his parte in well and woe with this poore persecuted church above 36. years [254] in England, Holand, and in this wildernes, and done y^e Lord & them faithfull service in his place & calling. And notwithstanding y^e many troubls and sorrows he passed throw, the Lord upheld him to a great age. He was nere fourskore years of age (if not all out) when he dyed. He had this blesing added by y^e Lord to all y^e rest, to dye in his bed, in peace, amongst y^e mids of his freinds, who mourned & wepte over him, and ministered what help & comforte they could unto him, and he againe recomforted them whilst he could. His sicknes was not long, and till y^e last day therof he did not wholy keepe his bed. His speech continued till somewhat more then halfe a day, & then failed him; and aboute 9. or 10. a clock that ev[=i]ng he dyed, without any pangs at all. A few howers before, he drew his breath shorte, and some few minuts before his last, he drew his breath long, as a man falen into a sound slepe, without any pangs or gaspings, and so sweetly departed this life unto a better.

I would now demand of any, what he was y^e worse for any former sufferings? What doe I say, worse? Nay, sure he was y^e better, and they now added to his honour. _It is a manifest token_ (saith y^e Apostle, 2. Thes: 1. 5, 6, 7.) _of y^e righeous judgmente of God that you may be counted worthy of y^e kingdome of God, for which ye allso suffer; seing it is a righteous thing with God to recompence tribulation to them y^t trouble you: and to you who are troubled, rest with us, when y^e Lord Jesus shall be revealed from heaven, with his mighty angels._ 1. Pet. 4. 14. _If you be reproached for y^e name of Christ, hapy are ye, for y^e spirite of glory and of God resteth upon you._ What though he wanted y^e riches and pleasurs of y^e world in this life, and pompous monuments at his funurall? yet y^e memoriall of y^e just shall be blessed, when y^e name of y^e wicked shall rott (with their marble monuments). Pro: 10. 7.