Chapter 34

Imp: Wheras ther was a partnership for diverce years agreed upon betweene James Sherley, John Beacham, and Richard Andrews, of London, marchants, and William Bradford, Edward Winslow, Thomas Prence, Myles Standish, William Brewster, John Aldon, & John Howland, w^th Isaack Allerton, in a trade of beaver skines & other furrs arising in New-England; the terme of which said partnership being expired, and diverse su[=m]es of money in goods adventured into New-England by y^e said James Sherley, John Beachamp, & Richard Andrews, and many large returnes made from New-England by y^e said William Bradford, Ed: Winslow, &c.; and differance arising aboute y^e charge of 2. ships, the one called y^e White Angele, of Bristow, and y^e other y^e Frindship, of Barnstable, and a viage intended in her, &c.; which said ships & their viages, y^e said William Bradford, Ed: W. &c. conceive doe not at all appertaine to their accounts of partnership; and weras y^e accounts of y^e said partnership are found to be confused, and cannot orderley appeare (through y^e defaulte of Josias Winslow, y^e booke keeper); and weras y^e said W. B. &c. have received all their goods for y^e said trade from the foresaid James Sherley, and have made most of their returnes to him, by consente of y^e said John Beachamp & Richard Andrews; and wheras also y^e said James Sherley hath given power & authoritie to M^r. John Atwode, with y^e advice & consente of William Collier, of Duxborow, for and on his behalfe, to put such an absolute end to y^e said partnership, with all and every accounts, reconings, dues, claimes, demands, whatsoever, to y^e said James Sherley, John Beacham, & Richard Andrews, from y^e said W. B. &c. for and concerning y^e said beaver trade, & also y^e charge y^e said 2. ships, and their viages made or pretended, whether just or unjuste, from y^e worlds begining to this presente, as also for y^e paimente of a purchas of 1800^li. made by Isaack Allerton, for and on y^e behalfe of y^e said W. B., Ed: W., &c., and of y^e joynt stock, shares, lands, and adventurs, what soever in New-England aforesaid, as apeareth by a deede bearing date y^e 6. Nov^br. 1627; and also for and from such sume and sumes of money or goods as are received by William Bradford, Tho: Prence, & Myles Standish, for y^e recovery of dues, by accounts betwexte them, y^e said James Sherly, John Beachamp, & Richard Andrews, and Isaack Allerton, for y^e ship caled y^e White Angell. Now y^e said John Attwode, with advice & counsell of y^e said William Collier, having had much comunication & spente diverse days in agitation of all y^e said differances & accounts with y^e said W. B., E. W., &c.; and y^e said W. B., E. W., &c. have also, with y^e said book-keeper spente much time in collecting & gathering togeither y^e remainder of y^e stock of partnership for y^e said trade, and what soever hath beene received, or is due by y^e said attorneyship before expresed, and all, and all manner of goods, debts, and dues therunto belonging, as well those debts that are weake and doubtfull [239] and desperate, as those y^t are more secure, which in all doe amounte to y^e sume of 1400^li. or ther aboute; and for more full satisfaction of y^e said James Sherley, John Beachamp, & Richard Andrews, the said W. B. and all y^e rest of y^e abovesaid partners, togeither with Josias Winslow y^e booke keeper, have taken a voluntarie oath, y^t within y^e said sume of 1400^li. or theraboute, is contained whatsoever they knew, to y^e utmost of their rememberance.

In consideration of all which matters & things before expressed, and to y^e end y^t a full, absolute, and finall end may be now made, and all suits in law may be avoyded, and love & peace continued, it is therfore agreed and concluded betweene y^e said John Attwode, with y^e advice & consent of y^e said William Colier, for & on y^e behalfe of y^e said James Sherley, to and with y^e said W. B., &c. in maner and forme following: viz. that y^e said John Attwode shall procure a sufficiente release and discharge, under y^e hands & seals of y^e said James Sherley, John Beachamp, & Richard Andrews, to be delivered fayer & unconcealed unto y^e said William Bradford, &c., at or before y^e last day of August, next insuing y^e date hereof, whereby y^e said William Bradford &c., their heires, executors, & administrators, & every of them shall be fully and absolutly aquited & discharged of all actions, suits, reconings, accounts, claimes, and demands whatsoever concerning y^e generall stock of beaver trade, paymente of y^e said 1800^li. for y^e purchass, and all demands, reckonings, and accounts, just or unjuste, concerning the tow ships Whit-Angell and Frendship aforesaid, togeather with whatsoever hath been received by y^e said William Bradford, of y^e goods or estate of Isaack Allerton, for satisfaction of y^e accounts of y^e said ship called y^e Whit Angele, by vertue of a [~l]re of attourney to him, Thomas Prence, & Myles Standish, directed from y^e said James Sherley, John Beachamp, & Richard Andrews, for y^t purpose as afforesaid.

It is also agreed & concluded upon betweene the said parties to these presents, that the said W. B., E. W., &c. shall now be bound in 2400^li. for paymente of 1200^li. in full satisfaction of all demands as afforesaid; to be payed in maner & forme following; that is to say, 400^li. within 2. months next after y^e receite of the aforesaid releases and discharges, one hundred and ten pounds wherof is allready in y^e hands of John Winthrop senior of Boston, Esquire, by the means of M^r. Richard Andrews afforesaid, and 80^li. waight of beaver now deposited into y^e hands of y^e said John Attwode, to be both in part of paimente of y^e said 400^li. and y^e other 800^li. to be payed by 200^li. [p=]^r a[=n]ume, to such assignes as shall be appointed, inhabiting either in Plimoth or Massachusetts Bay, in such goods & comodities, and at such rates, as the countrie shall afford at y^e time of delivery & paymente; and in y^e mean time y^e said bond of 2400^li. to be deposited into y^e hands of y^e said John Attwode. And it is agreed upon by & betweene y^e said parties to these presents, that if y^e said John Attwode shall not or cannot procure such said releases & discharges as afforesaid from y^e said James Sherley, John Bachamp, & Richard Andrews, at or before y^e last day of August next insuing y^e date hear of, y^t then y^e said John Attwode shall, at y^e said day precisely, redeliver, or cause to [240] be delivered unto ye said W. B., E. W., &c. their said bond of 2400^li. and y^e said 80^li. waight of beaver, or y^e due valew therof, without any fraud or further delay; and for performance of all & singuler y^e covenants and agreements hearin contained and expressed, which on y^e one parte and behalfe of y^e said James Sherley are to be observed & performed, shall become bound in y^e su[=m]e of 2400^li. to them, y^e said William Bradford, Edward Winslow, Thomas Prence, Myles Standish, William Brewster, John Allden, and John Howland. And it is lastly agreed upon betweene y^e said parties, that these presents shall be left in trust, to be kepte for boath parties, in y^e hands of Mr. John Reanour, teacher of Plimoth. In witnes wherof, all y^e said parties have hereunto severally sett their hands, y^e day and year first above writen.

JOHN ATWODE, WILLIAM BRADFORD, EDWARD WINSLOW, &c. In y^e presence of

EDMOND FREEMAN, WILLIAM THOMAS, WILLIAM PADY, NATHANIELL SOUTHER.

The nexte year this long and tedious bussines came to some issue, as will then appeare, though not to a finall ende with all y^e parties; but this much for y^e presente.

I had forgoten to inserte in its place how y^e church here had invited and sent for M^r. Charles Chansey,[EH] a reverend, godly, and very larned man, intending upon triall to chose him pastor of y^e church hear, for y^e more comfortable performance of y^e ministrie with Mr. John Reinor, the teacher of the same. But ther fell out some differance aboute baptising, he holding it ought only to be by diping, and putting y^e whole body under water, and that sprinkling was unlawfull. The church yeelded that immersion, or dipping, was lawfull, but in this could countrie not so conveniente. But they could not nor durst not yeeld to him in this, that sprinkling (which all y^e churches of Christ doe for y^e most parte use at this day) was unlawfull, & an humane invention, as y^e same was prest; but they were willing to yeeld to him as far as y^ey could, & to y^e utmost; and were contented to suffer him to practise as he was perswaded; and when he came to minister that ordnance, he might so doe it to any y^t did desire it in y^t way, provided he could peacably suffer Mr. Reinor, and such as desired to have theirs otherwise baptised by him, by sprinkling or powering on of water upon them; so as ther might be no disturbance in y^e church hereaboute. But he said he could not yeeld herunto. Upon which the church procured some other ministers to dispute y^e pointe with him publikly; as Mr. Ralfe Partrich, of Duxberie, who did it sundrie times, very ablie and sufficently, as allso some other ministers within this govermente. But he was not satisfied; so y^e church sent to many other churches to crave their help and advise in [241] this mater, and, with his will & consente, sent them his arguments writen under his owne hand. They sente them to y^e church at Boston in y^e Bay of Massachusets, to be comunicated with other churches ther. Also they sent y^e same to the churches of Conightecutt and New-Haven, with sundrie others; and received very able & sufficent answers, as they conceived, from them and their larned ministers, who all concluded against him. But him selfe was not satisfied therw^th. Their answers are too large hear to relate. They conceived y^e church had done what was meete in y^e thing, so M^r. Chansey, having been y^e most parte of 3. years here, removed him selfe to Sityate, wher he now remaines a minister to y^e church ther. Also about these times, now y^t catle & other things begane greatly to fall from their former rates, and persons begane to fall into more straits, and many being allready gone from them, (as is noted before,) both to Duxberie, Marshfeeld, and other places, & those of y^e cheefe sorte, as M^r. Winslow, Captaine Standish, Mr. Allden, and many other, & stille some dropping away daly, and some at this time, and many more unsetled, it did greatly weaken y^e place, and by reason of y^e straitnes and barrennes of y^e place, it sett y^e thoughts of many upon removeall; as will appere more hereafter.

_Anno Dom: 1642._

Marvilous it may be to see and consider how some kind of wickednes did grow & breake forth here, in a land wher the same was so much witnesed against, and so narrowly looked unto, & severly punished when it was knowne; as in no place more, or so much, that I have known or heard of; insomuch as they have been somewhat censured, even by moderate and good men, for their severitie in punishments. And yet all this could not suppress y^e breaking out of sundrie notorious sins, (as this year, besids other, gives us too many sad presidents and instances,) espetially drunkennes and unclainnes; not only incontinencie betweene persons unmaried, for which many both men & women have been punished sharply enough, but some maried persons allso. But that which is worse, even sodomie and bugerie, (things fearfull to name,) have broak forth in this land, oftener then once. I say it may justly be marveled at, and cause us to fear & tremble at the consideration of our corrupte natures, which are so hardly bridled, subdued, & mortified; nay, cannot by any other means but y^e powerfull worke & grace of Gods spirite. But (besids this) one reason may be, that y^e Divell may carrie a greater spite against the churches of Christ and y^e gospell hear, by how much y^e more they indeaour to preserve holynes and puritie amongst them, and strictly punisheth the contrary when it ariseth either in church or comone wealth; that he might cast a [242] blemishe & staine upon them in y^e eyes of [y^e] world, who use to be rash in judgmente. I would rather thinke thus, then that Satane hath more power in these heathen lands, as som have thought, then in more Christian nations, espetially over Gods servants in them.

2. An other reason may be, that it may be in this case as it is with waters when their streames are stopped or da[=m]ed up, when they gett passage they flow with more violence, and make more noys and disturbance, then when they are suffered to rune quietly in their owne chanels. So wikednes being here more stopped by strict laws, and y^e same more nerly looked unto, so as it cannot rune in a comone road of liberty as it would, and is inclined, it searches every wher, and at last breaks out wher it getts vente.

3. A third reason may be, hear (as I am verily perswaded) is not more evills in this kind, nor nothing nere so many by proportion, as in other places; but they are here more discoverd and seen, and made publick by due serch, inquisition, and due punishment; for y^e churches looke narrowly to their members, and y^e magistrats over all, more strictly then in other places. Besids, here the people are but few in comparison of other places, which are full & populous, and lye hid, as it were, in a wood or thickett, and many horrible evills by y^t means are never seen nor knowne; wheras hear, they are, as it were, brought into y^e light, and set in y^e plaine feeld, or rather on a hill, made conspicuous to y^e veiw of all.

But to proceede; y^er came a letter from y^e Gov^r in y^e Bay to them here, touching matters of y^e forementioned nature, which because it may be usefull I shall hear relate it, and y^e passages ther aboute.

S^r: Having an opportunitie to signifie y^e desires of our Generall Court in toow things of spetiall importance, I willingly take this occasion to imparte them to you, y^t you may imparte them to y^e rest of your magistrats, and also to your Elders, for counsell; and give us your advise in them. The first is concerning heinous offences in point of uncleannes; y^e perticuler cases, with y^e circomstances, and y^e questions ther upon, you have hear inclosed. The 2. thing is concerning y^e Ilanders at Aquidnett; y^t seeing the cheefest of them are gone from us, in offences, either to churches, or co[=m]one welth, or both; others are dependants on them, and y^e best sorte are such as close with them in all their rejections of us. Neither is it only in a faction y^t they are devided from us, but in very deed they rend them selves from all y^e true churches of Christ, and, many of them, from all y^e powers of majestracie. We have had some experience hereof by some of their underworkers, or emissaries, who have latly come amongst us, and have made publick defiance against magistracie, ministrie, churches, & church covenants, &c. as antichristian; secretly also sowing y^e seeds of Familisme, and Anabaptistrie, to y^e infection of some, and danger of others; so that we are not willing to joyne with them in any league or confederacie at all, but rather that you would consider & advise with us how we may avoyd them, and keep ours from being infected by them. Another thing I should mention to you, for y^e maintenance of y^e trad of beaver; if ther be not a company to order it in every jurisdition among y^e English, which companies should agree in generall of their way in trade, I supose that y^e trade will be overthrowne, and the Indeans will abuse us. For this cause we have latly put it into order amongst us, hoping of incouragmente from you (as we have had) y^t we may continue y^e same. Thus not further to trouble you, I rest, with my loving remembrance to your selfe, &c.

Your loving friend, RI: BELLINGHAM.

Boston, 28. (1.) 1642.

The note inclosed follows on y^e other side.[EI]

[244] Worthy & beloved S^r:

Your letter (with y^e questions inclosed) I have comunicated with our Assistants, and we have refered y^e answer of them to such Rev[=e]^d Elders as are amongst us, some of whose answers thertoo we have here sent you inclosed, under their owne hands; from y^e rest we have not yet received any. Our farr distance hath bene y^e reason of this long delay, as also y^t they could not conferr their counsells togeather.

For our selves, (you know our breedings & abillities,) we rather desire light from your selves, & others, whom God hath better inabled, then to presume to give our judgments in cases so difficulte and of so high a nature. Yet under correction, and submission to better judgments, we propose this one thing to your prudent considerations. As it seems to us, in y^e case even of willfull murder, that though a man did smite or wound an other, with a full pourpose or desire to kill him, (w^ch is murder in a high degree, before God,) yet if he did not dye, the magistrate was not to take away y^e others life.[EJ] So by proportion in other grosse & foule sines, though high attempts & nere approaches to y^e same be made, and such as in the sight & account of God may be as ill as y^e accomplishmente of y^e foulest acts of y^t sine, yet we doute whether it may be safe for y^e magistrate to proceed to death; we thinke, upon y^e former grounds, rather he may not. As, for instance, in y^e case of adultrie, (if it be admitted y^t it is to be punished w^{th} death, which to some of us is not cleare,) if y^e body be not actually defiled, then death is not to be inflicted. So in sodomie, & beastialitie, if ther be not penetration. Yet we confess foulnes of circomstances, and frequencie in y^e same, doth make us remaine in y^e darke, and desire further light from you, or any, as God shall give.

As for y^e 2. thing, concerning y^e Ilanders? we have no conversing with them, nor desire to have, furder then necessitie or humanity may require.

And as for trade? we have as farr as we could ever therin held an orderly course, & have been sory to see y^e spoyle therof by others, and fear it will hardly be recovered. But in these, or any other things which may concerne y^e co[=m]one good, we shall be willing to advise & concure with you in what we may. Thus w^{th} my love remembered to your selfe, and y^e rest of our worthy friends, your Assistants, I take leave, & rest,

Your loving friend, W. B.

Plim: 17. 3. month, 1642.

Now follows y^e ministers answers. And first Mr. Reynors.

Qest: What sodmiticall acts are to be punished with death, & what very facte (ipso facto) is worthy of death, or, if y^e fact it selfe be not capitall, what circomstances concurring may make it capitall?

Ans: In y^e judiciall law (y^e moralitie wherof concerneth us) it is manyfest y^t carnall knowledg of man, or lying w^{th} man, as with woman, cum penetratione corporis, was sodomie, to be punished with death; what els can be understood by Levit: 18. 22. & 20. 13. & Gen: 19. 5? 2^ly. It seems allso y^t this foule sine might be capitall, though ther was not penitratio corporis, but only contactus & fricatio us[q~] ad effusionem seminis, for these reasons: [245] 1. Because it was sin to be punished with death, Levit. 20. 13. in y^e man who was lyen withall, as well as in him y^t lyeth with him; now his sin is not mitigated wher ther is not penitration, nor augmented wher it is; wheras its charged upon y^e women, y^t they were guilty of this unnaturall sine, as well as men, Rom. 1. 26. 27. Y^e same thing doth furder apeare, 2. because of y^t proportion betwexte this sin & beastialitie, wherin if a woman did stand before, or aproach to, a beast, for y^t end, to lye downe therto, (whether penetration was or not,) it was capitall, Levit: 18. 23. & 20. 16. 3^{ly}. Because something els might be equivalent to penetration wher it had not been, viz. y^e fore mentioned acts with frequencie and long continuance with a high hand, utterly extinguishing all light of nature; besids, full intention and bould attempting of y^e foulest acts may seeme to have been capitall here, as well as coming presumptuously to slay with guile was capitall. Exod: 21. 14.

Yet it is not so manyfest y^t y^e same acts were to be punished with death in some other sines of uncleannes, w^ch yet by y^e law of God were capitall crimes; besids other reasons, (1.) because sodomie, & also beastialitie, is more against y^e light of nature then some other capitall crimes of unclainnes, which reason is to be attended unto, as y^t which most of all made this sin capitall; (2.) because it might be co[=m]ited with more secrecie & less suspition, & therfore needed y^e more to be restrained & suppresed by y^e law; (3^ly) because ther was not y^e like reason & degree of si[=n]ing against family & posteritie in this sin as in some other capitall sines of uncleannes.

2. Quest: How farr a magistrate may extracte a confession from a delinquente, to acuse him selfe of a capitall crime, seeing Nemo tenetur prodere seipsum.

Ans: A majestrate cannot without sin neglecte diligente inquision into y^e cause brought before him. Job 29. 16. Pro: 24. 11. 12. & 25. 2. (2^ly.) If it be manifest y^t a capitall crime is committed, & y^t comone reporte, or probabilitie, suspition, or some complainte, (or y^e like,) be of this or y^t person, a magistrate ought to require, and by all due means to procure from y^e person (so farr allready bewrayed) a naked confession of y^e fact, as apears by y^t which is morall & of perpetuall equitie, both in y^e case of uncertaine murder, Deut: 21. 1. 9. and slander, Deut: 22. 13. 21; for though nemo tenetur prodere seipsum, yet by that w^ch may be known to y^e magistrat by y^e forenamed means, he is bound thus to doe, or els he may betray his countrie & people to y^e heavie displeasure of God, Levit: 18. 24. 25. Jos: 22. 18. Psa: 106. 30; such as are i[=n]ocente to y^e sinfull, base, cruell lusts of y^e profane, & such as are delinquents, and others with them, into y^e hands of y^e stronger temptations, & more bouldness, & hardnes of harte, to co[=m]ite more & worse villany, besids all y^e guilt & hurt he will bring upon him selfe. (3^ly.) To inflicte some punishmente meerly for this reason, to extracte a conffession of a capitall crime, is contrary to y^e nature of vindictive justice, which always hath respecte to a kno[=w] crime co[=m]itited by y^e person punished; and it will therfore, for any thing which can before be knowne, be y^e provocking and forcing of wrath, compared to y^e wringing of y^e nose, Pro: 30. 33. which is as well forbiden y^e fathers of y^e countrie as of y^e family, Ephe. 6. 4. as produsing many sad & dangerous effects. That an oath (ex officio) for such a purpose is no due means, hath been abundantly proved by y^e godly learned, & is well known.

Q. 3. In what cases of capitall crimes one witnes with other circomstances shall be sufficiente to convince? or is ther no conviction without 2. witneses?

Ans: In taking away y^e life of man, one witnes alone will not suffice, ther must be tow, or y^t which is instar; y^e texts are manifest, Numb: 35. 30. Deut: 17. 6. & 19. 15. 2^ly. Ther may be conviction by one witnes, & some thing y^t hath y^e force of another, as y^e evidencie of y^e fact done by such an one, & not an other; unforced confession when ther was no fear or danger of suffering for y^e fact, hand writings acknowledged & confessed.

JOHN REYNOR.

[246] _M^r. Partrich his writing, in ans: to y^e questions._

What is y^t sodomiticall acte which is to be punished with death?