Plymouth County, Massachusetts - Chapter 2: The Military Troubles of 1644 - Indian History, 1884

These troubles, which no doubt seriously retarded the material as well as the religious welfare of Hingham, originated among the members of the luilitury company, and gradually enlisted tho feelings of the entire town. The church became involved in the matter, and it subsequently was taken coguizauce of by neighboring clmrches, and finally the controversy was carried to sucli length that the government was calK'd upon to interfere. Johnson, in his " Wonder Working Providence" in 1654, says, "The people joyned in church covenant in this place were made about one hundred soules, but have been lessened by a sad unbrotherly contention which fell out among them, waiting chem every way, continued already for seven years space to the great grief of all other churches,"

-* 1045. This court fell out ii troublesome business which took up Uiuci) time. The town of Jlingbuui, having uoe Kmes their Utiutenunt seven or eight yeiirs, had lately chosen hiiu to be their uiiptain, anU hail presenced him to the standing council fur utluwaDce; but before it was accomplished the greater part of the town took fome light occuson of otlence again:»t hiui, and cliujc unu Alien to be their captain, and prcaeuted him to the magistrates (id the time uf the last general court) to be allowed. But the mngistrates, considering the injury that would hereby accrue to Ernes (who had been their chief commander so many years, and bad deserved well iu his place, and that Allen had no other skill but what he learned from Ernes), refused to allow of Allen, but willed both £>ides to return home, aud evaiy ulHcer to keep his place until llie court sliould take further order. Upon their return home, the messengers who came for Allen called a private meeting of those of their own party, aud told them truly wtiat answer they received from the magistrates, and boun after they appointed a training day (withuut their lieutenant's knowledge), and, being assembled, the lieutenant hearing of it came to them, and would have exercised them as he was wont to du, but those of the other party refused to follow him, except be would show them some order for it. He told them of the magistrate's order about it ; the others replied that authority had advised hiiu to go hoiue and lay down his place honourably. Another asked what the magii'tratcs had to do with them? Another, that it was but three or four of the magistrates, aod if they had been all there it had been nothing, fur Mr. Allen had brought more for them from the deputies than the lieutenant liad from the magistrates. Another of tbem professcth he will die at the sword's point, if he might not have the choice of his own othcers. Another (viz., the clerk of the band) stands up above the people, and requires them to vote, wliether they wuutd bear tbem out in what was pa^^t aud what was to come. This being assented unto, and the tumult continuing, one of the othcers (he wliu had told them tliul authority had advii^ed the licuteoant to go hoioeand lay duwn his phice) required Alteu to take the captain's plaue ; but he not then accepting it, they put it to vote, whether should be their cii[>tiiin. The vu(e pushing for it, ho then tuld the euiiipany it Wiis now p:Lft quebtiuD, und thereupun Allen acci-pled it, antl e.xereiscil the cunipuny two or three days, uniy about ii third part uf them followed the lieutenant, lie having denied in the open held thut authoriry had advised him to lay duwu bis place, and puttiug (iu some awl] thu tie upon thuse who had so reported, was the next Lord's day calletl to answer it before the church, and he standing to maintain what he bad said, five witnesses were produced to convince him. Some of them alhrmed the words, the others explained tbeir meaning tu he, that one magistrate had so advised him. lie denied both.

Whereupon the pastor, one Mr. Ilubbert (brother lo three of the principal in this sedition), was very forward to have excommuoicated the lieutenant presently, but, upon ^ome opposition, it was put off the next day. Thereupon the IieutL-n;int and some tliree or four more of the chief men of the tuwu informed four of the next magistrates uf these proceedings, wbu forthwith met at Boston about it (viz., the deputy governuur, the Serjeant major general, the secretary, and Mr. llibbin^}. These, considering the case, sent warrant to the con5tal)le to attach some of the principal offenders (viz., three uf tlie Hub bar J s and two more) to appear before them at Bustun, to find sureties for their appearance at the next court, Ac. Upon the day they cume tu BodtOD, but their said biother, the minister, came before tbem, and fell to exjiostulatc with the said magistrates about the said cause, complaining against the complainauts, as talebearers, io., taking it very disdainfully that his brethren should be sent for by a constable, with other high speeches, which were so provoking as some of the magistrates told liim that were it not for respect to bis ministry they would commit him. When his brethren and the rest were come in, the matters of the information were laid to their charge, whicli they denied for the most part. So they were bound over (each for other) to the next court of assistants. After this tivc others were sent for by summons (these were only for speaking untruths of the magistrates in the church). They uame before the deputy governour, when be was alone, and demanded the cause of their sending for, and to know their accusers. The deputy told them so much of the cause a^ be could reuiember, and referred tbem to the secretary for a copy, and for their accusers he told tbem they knew both the men and the matter, neither was a judge bound to let a criminal offender knov? hia accusers before the day of trial, but only in his own discretion, Ica^t the liucuser might be taken off or perverted, &.c. Being required to give bond for their appearance, Ac, they refused. Tlie deputy laboured to lei them see their errour, and gave thetn time to consider of it. About fourteen days after, seeing two of them in the court (which was kept by those four magistrates for smaller causes), the deputy required them again tu enter bond for their appearance, itc, and upon their second refusal committed them in that open court.

"The general court falling out before the court uf assistants, the JIubberts and the two which were committed, and others of Hingham, about ninety (whereof Mr. Ilubbert, their minister, was the tirst), presented a petition to the general court lo this effect, that whereas some of them had been bound over, and otliers committed by some of the magistrates for wurds spoken concerning the power of the general court, and their liberties and the liberties of the church, ike, they craved that the euurt would hear the cause, Ji:;c. This was tiist presented to the deputies, who sent it to the magistrates, desiring their concurrence with them, thut the cause might be heard, (Lc. The magistrates, marvelling that they would grant sucti a petition without desiring conference first with themselves, whum it so much concerned, returned answer that tboy were willing the caune should be heard, so a^ the pctitiuners wuuld name the magistrates whum they intended, and the matters they would lay to their charge, ttc. Upon this thu dejiuties demanded of the petitioners' agents (who were then deputies of the court) tu have satisfaction in those points, whereupon they singled out the deputy governour, and two of the petitioners undertook tho prosecution. Then tiie petition was returned again to the magistrates for their consent, Ic, who, being desirous that the deputies might take nutice how prejudicial to autbority and the honour of the court it would be to call a magistrate to answer criminally in a cause, wherein nothing of that nature could be laid to bia charge, and that withuut any private ex- amiDatioo precediog* did iDtimate so much to the deputies (tht>u;^h not directly, jet pluinly enough), abowiog them that Dutbiu^ criminal, &c.t wad laid to hid chargu, and that the thintja objected were the act of the court, Ac, yet if they wuuM Qeedd have a hearing they would join in it. And, indeed, it WKd the desire of the deputy (knowing well bow much hiiuiielf and the other magistrates did sutfer in the cause through the ahinJcrous reports wherewith the deputies and the country about hud been possessed) that the cause might receive a public hearing.

"The day appointed being come, the court assembled in the uieeting-houso at Boston. Diverse of the elders wore present, and a great assembly of people. The deputy governour, coming in with the rest of the magistrates, placed himself beneath within the bar, and so sate uncovered. Some question was in court about his being in that place (for many both of the court and the a:;>8enjbly were grieved at it). But the deputy telling them that, being criminally accused, he might not sit as a judgu in that cause, and if be were upon the bench it would be a great disadvantage to him, for he could not take that liberty to plead the cause, whicb he ought to be allowed at the bar; upon this the court was satistied.

**The petitioners having declared their grievances, Ac, the deputy craved leave to make answer, which was to this effect, viz., that he accounted it no disgrace, but rather an honour put upon him, to be singled out from bia brethren in the defence of one so just (as he hoped to make that appear), and of so publio concernment. And although he might have pleaded to tbo petition, and so have demurred in law, upon three points, - 1, in that there is nothing laid to his charge ; that is, either criminal or unjust; 2, if he had been mistaken either in the law or in the state of the case, yet whether it were auoh ns a judge is to be called in question for as a delinquent, where it doth not appear to be wickedness or wilfulness; for in England many erroneous judgments are reversed, and errours in proceedings rectified, and yet the judges not called in question about them ; 3, in that being thus singled out from three other magistrates, and to answer by himself for some things, which were the act of a court, ho is deprived of the just means of his defence, for many things nmy be justitied as done by four which are not warraiitablo if done by one alone, and the records of a court area full justification of any act while such record stands in force. But he was \villing to waive this plea, and to make answer to the particular charges, to the end that tbe truth of the case and of all proceedings thereupon might appear to all men.

** Hereupon the court proceeded to examine tbe whole cause. The di-jiuty justified all tbe particulars laid to his chnrge, as that upon credible information of such a mutinous practice, and open disturbance of the peace, and slighting of authority, tbe otTenders were sent for, the principal by warrant to the constable to bring them, and others by summons, und that some were bound over to tbe next court of assistants, and others that refused to be bound were committed ; and all this according to the equity of laws here established, and tbe custom and laws of England, and our constant practice here these fifteen years. And fur some speeches be was charged with as spoken to the delinquents when they came before him at his house, when none were present with him but themselves, first, he appealed to tbo judgment of the court, whether delioqueots may be received us competent witnesses against a magistrate in such a case; then, for tbe words themselves, some he justified, some be explained so as no advantage could be taken of them, as that he should auy that tho tiiagistratos could try some criminal causes without a jury, that be knew no law of God or man which required a judge to make known to the party, his accusers (or, rather, witnesses), before the cause came to bearing. But two of ihem charged him to have said that it was against the Inw of God and man so to do, which had been absurd, for the deputy professed he knew no law against it, only a judge may sometimes in discretion conceal their names, Ac, least that they should be tampered with, or conveyed out of the way, Ac.

"Two of the magistrates and many of the deputies were of opinion that the magistrates exercised too much power, and that the people's liberty waa thereby in danger ; aud other of the deputies (being about half) and all tbo rest of the magistrates were of a different judgment, and that authority was overmuch slighted, whicb, if not timely remedied, would endanger the commonwealth and bring us to a mere democracy. By occasion of this difierence, there was not so orderly a carriage at the hearing as was meet, each side striving unseusonably to enforce the evidence, and declaring their judgments thereupon, which should have been reserved to a more private debate (as after it was), so as the best part of two days was spent in this public agitation and examination of witnesses, Ac. This being ended, a committee was chosen of magistrates and deputies, who stated the case aa it appeared upon the whole pleading and evidence, though it cost much time, and with great ditliculty did the committee come to accord upon it.

"Tbe caae being stated and agreed, tbe magistrates and deputies considered it apart, fir^t the deputies having spent a whole day, and not attaining to any issue, sent up to the magistrates to have their thoughts about it, who, taking it into consideration, (tbe deputy always withdrawing when that matter came into debate), agreed upon these four points chiefly : 1, that the petition was false und scandalous ; 2, that those who were bound over, Ac, and others that were parties to the disturbance at Ilinghnm, were all offenders, though in different degrees ; 3, that they and the petitioners were to be censured ; 4, that the deputy governour ought tu be acquit and righted, Ac. This being sent down to the deputies, they spent divers days about it, and made two or three returns to the magistrates, and though they found the petition false and scandalous, and so voted it, yet they would not agree to any censure. The magistrates, on the other side, were resolved for censure, and for tbe depury's full acquittal. The deputies being thus bard held to it, and growing weary of the court, for it began [3] 14, and brake not up (save one week) tilt [5J 6, were content they should pay the charges of the court. After they were drawn to consent to some small fines, but in this they would have drawn in lieuteneot Ernes to have been fined deeply, he being neither plaintiff nor defendant, but an informer only, and had made good all tbe points of his information, and no offence found in him other than that which was after adjudged worthy of admonition only; and they would have imposed the charges of the court upon the whole trained band at Ilingham, when it was apparent that divers were innocent, and bad no hand in any of these proceedings. The magistrates not consenting to BO manifest injustice, they sent to the deputies to desire them to join with them in calling in the help of the elders (for they were now assembled at Cambridge from all parts uf the United Colonies, and divers of them were present when the cause was publickly heard, and declared themselves much grieved to see that the deputy governour should be called forth to answer as a delinquent in such a case as this was, and one uf them, in the name of the rest, had written to hiui tu that effect, fearing least he should apprehend over deeply uf the injury, Ac), but the deputies would by no meaus consent thereto, for they knew that many of tbe elders undcrstuud tho cause, and were more careful to uphold the honour and power uf the magistrates than themselves were liked of, and many of them (at tbe request of the elder and others of the church of Ilingham during this court) had been at Hingbam to see if they cuuld settle peacu in the churcb there, and found the elder und others the ! jjetitiuncrs in gruat fuult, Ac. After tbi3 (upon uiution uf the deputies) it was agreed t<» refer the cause to arbitratora, accord- 1 mg to uD order of court, when the magistrates and deputies [ cannot agree, itc. The magistrates named six of the cldcra of i the next towns, and left it to them to ehoobu any three or four i of thcui, and required theui to name six others. The deputies, \ finding them^clvtis now at the wall, and not daring to trust the elders with the cause, they send to desire that six of themselves might come and confer with the magistrates, which, being granted, they came, and at last came to this agreement, viz., the chief petitiuucrs and the rest of the otlenilers were severally lined (all their fines not amounting to 5U pounds), the rest of the petitioners to bear equal share to 6U pounds more towards the charges of the court (two of the principal oti'enders were the deputies of the town, Joshua llubbert and Bozone Allen, the first was fined 20 pounds, and the other 5 pounds), lieutenant Kmes to be under admonition, the deputy governour to be legally and publickly acquit of all that was laid to hia charge. '* According to this agreement, [5] 3, presently after the lecture the magistrates and deputies took their places in the meeting-house, and the people being come together, and the deputy governour placing himself within the bar, as at the time of hearing, etc., the governour read the aentence of the court, witliout speaking any more, for the deputies had (by importunity) obtained a prouiiec of silimco from the magifitrates. Then was the deputy governour desired by the court to go up and take hia place again upon the bench, which he did accordingly, and the court being about to arise, he deriired leave for a little speech, which was to this effect:

" * I suppose something may be expected from me upon this charge that is befallen me, which moves me to speak now to you; yet I intend not to intermeddle in the proceedings of the court, or with any of the persons concerned therein. Only I bless God that I see an iaauo of this troublesome business. I also acknowledge the justice of the court, and, for my own part, lam well satisfied. I was publickly charged, und I am publickly and legally acquitted, which is all I did expect or desire. And though this be sufficient fur my Justiticution before men, yet not so before the God who hath seen so much amiss in uiy dispensations (and even in this aQ'air) as calls me to be humble. For to be publickly and criminally charged in this court is matter of humiliation (and I desire to make a right 4ise of it) notwithstanding I be thua acquitted. If her father had i^pit in her face (saith the Lord concerning Miriam) should she nut have been ashamed seven days? Shame bud lien upon her, whatever the occasion bad been. I am unwilling to stay you from your urgent affairs, yet give me leave (upon this special occasion) to speak a little more to this asaembly. It may be of some good use to inform and rectify the judgments uf some uf tlie jieople, and may prevent such distempers as have arisen among&t us. The great questions that have troubled the country are about the authority of the magistrates and the liberty of the people. It is yourselves who have called us to this ulhce, and being called by you we have uur authority from God in way of un ordinance, such as hath the image of (lod eminently stamped upon it, the contempt and violation whereof liatli been vindicated with examples uf divinu vengeance. I entrL-ut you to couKidcr that when yuu chuuse magistrates you take them from iimoug yuurselves - men bubject lo like passions as you are. Therefure when you avc inlii uiiliczi in us yuu should reHcct upon your own, and that would make you bear the more with us, and not be :j0verc eeu^urers of the failings of -your magistrates when you have continual expuiieuce ot the like infirmities in yourselves and uthers. \Ve account hiui a good servant who breaks nut his covenant. The covenant between you and us is the oath you have taken of us, which is to this purpose, that we shall govern you und judge your cauaea by the rules of God's laws and our own, according to our best skill. When you agree with a workman to build you a ship or a house, etc., he undertakes as well for his skill as for hit faithfulness, for it is hia profession, and you pay him for both. But when you call one to be a magistrate he doth not profess uur undertake tu have sufficient skill for that olhce, nor can you furnish him with gifts, etc., therefore you must run the hazard of his skill and ability. But if he fait in faitliiuUiesa, whicli by hia oath he is bound unto, that lie must an>wer fur. If it fall out that the case be clear to common apprehensiuii, and the rule clear also, if he transgressea here, the crrour is not in tlie skill but in the evil of the will ; it must be rc(|uired of hiui. But if the cause be doubtful, or the rule doubtful, to men of such understanding and parts as your uiagiatratca are, if your magistrates should err here yourselves must bear it.

*' For the other point concerning liberty, I observe a great mistake in the country about that. There is a twofold liberty, natural (I mean as our nature is now currupt) and civil ur federal. The first is common to man with beasts and other creatures. By this, man, as he stands in relatiun to man simply, bath liberty to do what he lists ; it is a liberty to evil as well as to good. This liberty is incompatible and inconsistent with authority, and cannot endure the least restraint uf the most just authority. The exercise and maintaining of this liberty makes men grow more evil, and in time to be wurse than brute beasts : omtien aumu» licentia deterioret. This is that great enemy of truth and peace, that wild beaat which all the ordinances of God are bent against, to restrain and subdue it. The other kind of liberty I call civil or federal, - it may also be termed moral, - in reference to the covenant between Gud and man, in the moral law, und the politio covenants and conatitutionti amongst men themselvea. This liberty la the proper end and object uf authority, and cannot subsist without it; and it is a liberty to that only which is good, juet, and honest. This liberty you are to stand for, with the hazard (not only of your goods, but) of your lives, if need be. Whatsoever crosseth this is not authority, but a distemper thereof. This liberty is maintained and exercised in a way of subjection to authority; it is of the same kind of liberty wherewith Christ liath made us free. The woman's own choice makes such a man her husband ; yet being 80 chosen, he ia her lord, and she is to be subject to him, yet in a way of liberty, not of bondage; and a true wife accounts her aubjectiou her honour und freedom, and would not think her condition safe and free, but in her subjection to her husband's authority. Such is the liberty of the chureli under the authority of Christ, her king and husband ; his yoke is so easy and sweet to her as a bride's ornauients; and if through frowurdnesa or wantonness, <kc., she shake it oil', at any time, she is at no rest in her spirit, until she take it up again; and whether her lord smiles upon her and cmbraccth her in his arms, or whether he frowns, or rebukes, or smites her, sho iipprehends the sweetness of his love in all, and is refreshed, supported, and instructed by every such dispensation uf his authority over her. On the other side, ye knuw whu they are thiit complain of this yoke and say, let us break their bands, \.c. - we will not have this man to rule over us. Kven so, brelhrun, it will be between you and your magistrates. If you stand for your natural currupt liberties, und will do what is goud in your uwn eyes, you will not endure the Icaat weight of autlinrity, but will murmur and oppose, and be always striving to shake olf that yoke; but if you will be satislied to eiijuy sueh civil und lawful liberties, such us Christ allows yuu, then will you quietly and cheerfully submit untu that aulhurity whicli is set over yuu, in all the administratiuns of it, for your goud. Wherein, if wo fuil at any time, we hope we sball be williDg (by GoU'a assistance) to hearken to good udvice from uny of you, or in auy other wiiy of (lod ; so ^hull your liberties be presurved in upholding tlie honour and power of authority amongst you."

The following notes of the proceedings of the deputies and magistrates in relation to this affair were collected by Mr. Savage, and published in his edition of Wintlirop :

** The jlrvf ordur of the magistrates is oa follows : Fined the persons alter nuuied ut such sums as hereafter are expressed, having been as moderate and gone as low as they any ways oould with the holding up of authority in any meadure, and the maintenance of justice, desiring the concurrence of the deputies herein, that at length an end may be put to this long and tedious business.

Mr. Peter Hubbard, that tirst subscribed the petition.. 2,U0,U0 All the rest of the petitioners, being 81, out of which number are excepted three, viz., Mr. Peter Hub* bard. John Foulshame, and John Towres, the rest making 78, are fined 20 shillings a piece, the sum

" We have also voted, that according to the order of the Geeeral Court, for so long time aa their cause bath been in handling, the petitioners shall bear the charge of the General Court, the sum of xvliich costs is to be cast up and agreed by the court, when the cause is tinished.

''The house of deputies having issued the Hingham bui<ineas before the judgment of our honored magistrates upon the case oame down, they have hereunder expressed their determinate censures upon such as they tind delinquent in the cose, viz.:

" The rest of the train band of Hingham, that have an equal vote allowed them by law for the choice of their military officers, are fined 55 pounds to bu paid by equal proportion, the whicit >aid sums of 50 and 55 pounds are laid upon the said delinquents for the satisfying of the charge of the court occasioned by the hearing of the cause, in case the said charge shall arise to the sum of 105 pounds. The deputies desire the cou^icut of the luugiatratcs herein.

'* I should have mentioned in the Hingham cose, what care and paiu:4 many of the elders had taken to reconcile the dificrenccs w liich were grown in that church. Mr. Hubbert, the pastor there, being of a Presbyterial 8j)irit, did manage all afi'airs without the church's advice, which divers of the coogregution not liking of, they were divided in two parts. Lieutenant Ernes, etc., having complained to the magistrates, a? is before expressed, Mr. Hubbert, etc., would have cast him out of the church, pretending that he bad told a tie, whereupon they procured the elders to write to the church, and so did some of the magistrates also, whereupon they stayed proceeding against the lieutenant for a day or two. But be and some twelve more of them, perceiving he was resolved to proceed, Knd finding no way of reconciliation, they withdrew from the church, and openly declared it in the congregation. This course the elders did not approve of. But being present in the court, when their petition against the deputy-governour was heard, Mr. Hubbert, perceiving the cause was like to go again8t him and his party, desired the elders to go to Hingham to meditate a reconciliation (which be would never hearken to before, being earnestly sought by the other party, and offered by the elders) in the interim of the court's adjournment for one week. They readily accepted the motion, and went to Hingham, and spent two or three days there, and found the pastor and his party in great fault, bat could not bring him to any acknowledgment. In their return by water, they were kept twenty-four hours in the boat and were in great danger by occasion of a tempest which arose in the night, but the Lord preserved them."

But the difficulties did not terminate here. The authority of government was resisted when the marshal attempted to levy the fines imposed on the petitioners. The following is Winthrop's account of the mutter :

" 1646. 26. (I,)] The governour and council met at Boston to take order about a rescue which they were informed of to have been committed at Hingham upon the marshal, when be went to levy the fines imposed upon Mr. Hubbard their pastor and many others who joined with him in the petition against the magistrates, etc., and having taken the information of the marshal and others, they sent out summons for their appearance at another day, at which time Mr. Hubbard came not, nor sent any excuses, though it was proved that he was at home, and that the summons was left at bis house. Whereupon he was sent for by attachment directed to the constable, who brought him ut the day of the return. And being then charged with joining in the said rescue by animating the utVenders, and discouraging the officer, questioning the authority of his warrant because it was not in the king's name, and standing upon bis allegiance to the crown of England, and exemption from such laws as were not agreeable to the laws of England, raying to the marshal that he could never know wherefore he was fined, except it were for petitioning, and if they were to waspish that they might not be petitioned, he knew not what to say to it, etc. All the answer he would give was, that if he hud broken any wholesome law not repugnant to the laws of England, he was ready to submit to censure. So he was bound over to the ne.xt court of assistants.

*' The court being at Boston, Mr. Hubbard appeared, and the marshal's information and other concurrent testimony being reud to him, and his answer demanded, he desired to know in what state he stood, and what oHuiicu he .><hi)uld be charged with, or what wholesome law of the land, not repugnant to the law of England, he had broken. The court tohl him, that the matters be was charged with amounted to a seditious practice and derogation and contempt uf authority. He :rtill pressed to know what law, etc. He was told that the oath which he hud taken was a law to him ; and beside the law of God which we were to judge by in case of a delect of an ei:pre;^B law. He said that the law of Qod admitted various interpretations, etc. Then bo desired to see his accusers. Upon that the muriibal wne CiilleJ, \?ho justified his information. Then he dc:iired to be tried by u jury, and to have the witnessea produced viva voce. The secretary told hiiu that two were present, and the third was sworn to liia exanitnatiun (but in that he was mistaken, for he had not been sworn), but to suttafy him, he wan sent for and sworn in court. The matters testified against hiia were his apeeulies to the marshal bcfure thirty persons, against our authority and government, etc. 1. That we were but as a corporation in Euglund ; 2. That by our patent (as he understood it) we could not [>ut any man to death, nur do divera other things which we did: ;i. That lie knew not wherefore the General Court had fined them, excejit it were for petitioning, and if they were so waapisli (or captious) as they might not be petitioned, etc., and uther speeches tending todidparuge our authority and proceedings. Accordingly a bill was drawn up, etc., and the jury fuund that he seemed to be ilUufifected to this government, and that his speeches tended to sedition and contempt of authority. Whereupon the whule court (except Mr. BeUingham, who judged him to deserve no censure, and desired in open court to huve his disxent recorded) adjudged him t<> puy 20 pounds fine, and to be bound to bis good behaviour, till the next court of assistants, tind then farther if the court should see cause. At ihia sentence liia spirit rose, and he would know wliai the good behaviour was, and desired the nnmes of the jury, and a copy of all the proceedings, which waa granted him, and 80 he was dismissed at present."

" Id 1646,'* says Mr. LIdcoId, " the celebrated petition of Dr. Chiid and six others, for the abolitioD of ' the distiDctioDS which were luaiataiDcd here both in civil and church estate,' and that the people of this country might be wholly governed by the laws of England, was presented to the house of deputies. Six of tiie petitioners were cited before the court and charged with great offenses contained in this petition : they appealed to the parliamentof England, and offered security to abide by their sentence, but the court thought proper to sentence the offenders to fine and imprisonment. The petitioners then resolved to lay their case before parliament, and Dr. Child, Mr. Vassal!, and Mr. Fowle went to England for that purpose,* but it appears that they met witli very ill success in tiieir exertions. The papers were published at London by Maj. John Child, brother of Dr. Robert Child, in a tract entitled * New England's Jonas Cast up at London,' in allusion, probably, to the remark of Mr. Cotton in one of his sermons, ' thai if any shall carry any writings or complaiiUs against the people of God, in this country to England, it would be as Jonas in the ship.' This tract was answered by Mr. Winslow, who was then in England, in another tract entitled the * Salamander,' * wherein (suys Winthrop) he cleared the justice of the proceedings* of the government here.'

* An amusing account of the superstitious terror of some of the piissengers in the vessel in which the petitioners went to Euglund, und of the ill success of tiieir petition, may be found in NeaTs " History of New England."

" This notice of the petition of Dr. Child and others is introduced for tlie purpose of correcting an error into which Hutchinson and Neal have fallen in confounding this controversy with that of our military dispute, which created so much excitement iu the country. It is proper to mention, however, that Mr. Hubart was suspected of 'having a hand in it,' and consequently was obliged to suffer another of the mortifications to which the relentless spirit of persecution has subjected him. Winthrop's account of his treatment is as follows :

*" In 1646. (9.) 4.] This court the business of Gorton ic, and of the petitioners, Dr. Child, <tc., were taken into consideration, and it WHS thought needful to send sumc able man intu England, with commission and instructions, to bati::fy the commissioners for pbntatiuns about those cuuiplaints ; and because it woa a matter of so great and general eoncornnteut, eucb of the elderd as could be had were sent for, to have their advice in the matter. Mr. Hubbard of Hinghain came with the rest, but the court being informed tliat he tiad an baud in a {tetition, which Mr. Vasaall carried into England against the country in general, the governour propounded that if any elder present had any such bund, &c., ho wuuld withdraw liiuisclt'. Mr. Hubbard bitting still a goud space, and no man speaking, ono of the deputies infunued the court thai Mr. Hubbard was the man suspected, whereupon he arose, and said, that be knew nothing of any such petition. The governour replied, that seeing he wua now named, be must needs deliver his mind about him, whioh was, that although they had no prouf pre;^ent about the matter of the petition, and therefore his denial was a sufficient clearing, tLo., yet in regard he bad so much opposed authority, and olfered such contempt to it, as fur which he had been lately bound to bis good behaviour, he thought he wuuld (in discretion) withdraw himself, Xc, whercupun be went out. Then the governour put the court in mind of a greut miscarriage, in that our secretest counsels were presently kuoivii abroad, which could not be but by some among ourselves, and desired them to look at it as a matter of great unfiii(hfulnc>3, and that our present consultations might be kept in the breast of the court, and not be divulged abroad, as others had bt-eii.'

*' Winthrop then remarks upon a special providence of God (as he terms it), in which he takes it for granted that Mr. Hobart, the people of Iliugham, and Dr. Child entertained similar views, if they did not openly combine their efforts to promote them.

" * I must here observe a special providence of God, pointing out hia displeasure against aume profane persons who took part with Dr. Child, Jcc, against the government and uburcbes here. The court had appointed a general fast to seek Gud (as for some other occasions eo) in the trouble which thieiitL-nud us by the petitioners, tkc. The pastor of Ilingham :ind others of hi? church (being of their party) made light of it, and some aaid they would not fast agaiust Dr. Child and iigaiust themselves; and there were two of them (one Pitt and Juhuaon) who, having a great raft of masts und planks (wortli h>rty or fifty pounds) to tow to Boston, would needs set forth about noun the day before (it buing impossible they could get to lto.'<tun before the fast); but when they came at Castle Island there arose such a tempest as carried away their ratt, and forced them to cut their masts to save their lives. Sonic o( their masta and plank they recovered after, where it hud been cast on ahorc; but when they c:iaie with it to the Castle, they were forced bi>cl< again, und were so oft put back with contrary winds, Ac, as it was above a month before Ihoy could bring all the remainder to Boston.'

" Tlio editor of Winthrop in noticiug these remarks very justly observes ' that unless we be careful always to consider the cause of any special providence, we may fail in our views of the displeasure of God ;' and notices the fact that the clergy when they came to this town to reduce the church members to sobriety ' were kept twenty-four hours in the boat, and were in great danger by occasion of a tempest.'

" The last time at wliich Mr. Hobart was made to feel the displeasure of the government was in 1647. Winthrop mentions it in the following manner:

'"i. (6.) There was a great marriage to be solemnized at Boston. The bridegroom being of Ilingbam, Mr. Hubbard's church, he was procured to preach, and came to Boston to that end. But the magistrates, hearing of it, seat to him to forbear. The rc:isoDS were, first, for that his spirit had been discovered to be averse to our ecclesiastical and civil government, and he was a bold man, and would speak his mind ; second, we wore not willing to bring in the English custom of ministers performing the solemnity of marriage, which sermons at such times might induce, hut if any minister were present, and would bestow a word of exhortation, etc., it was permitted.'

"The dispassionate reader," Mr. Lincoln justly observes that, " while he will give to Winthrop all the credit to which his impartiality entitles him, cannot fiiil to discover some circumstances which tend to extenuate the criminality of the conduct of a large and respectable portion of the inhabitants of this town. The convictions which the deputy governor entertained, of the disorderly and seditious course of Mr. Hobart and his friends, were deep and strong ; and in .some instances his conduct indicated anything but a charitable spirit towards those whose principal error (if any) consisted in their attachment to more liberal views of government than those generally entertained at that time.

" Winthrop acknowledges that ' the great questions that troubled the country were about the authority of the magistrates and the liberty of the people.' ' Two of the magistrates and many of the deputies' esteemed for piety, prudence, and justice, ' were of opinion that the magistrate exercised too much power, and that the people's liberty was thereby in danger,' and the tendency of their principles and conduct was (in the opinion of the deputy governor) to have brought the commonwealth ' to a mere democracy.'

"Thus we learn that one of the military company here professed ' he would die at the sword's point, if he might not have the choice of his own oflficers.' Some of the principles and privileges for which our fathers contended, were undoubtedly too liberal and republican for the spirit of the age in which they lived. They were, perhaps, injudicious and indiscreet in their endeavors to promote their views; and probably in some instances might not have expressed that respect for the constituted authorities to which their character entitled them. The most superficial reader, however, may discover in the conduct of the deputy governor something of the spirit of bigotry which was, unfortunately, too often allowed to affect the judgments of the wisest and best of men at that time, and which operated very much to the injury of those who entertained more liberal opinions in politics and religion. The deputies, although conscious of the disorder which the prevalence of such principles might cause in the community, did not feel so strong a disregard of the motives of the people of Hingham, which impelled them to the course which they pursued, as to induce them to consent to impose on them heavy fines without great reluctance.

" The deputy governor appears to have been very sensitive on the subject of innovations upon the authority of government, and strongly bent, not only upon punishing, but desirous of publicly disgracing the ' profane' people of Hingham. He seems to have ' engulphed Bible, Testament and all into the common law,' as authority for the severe measures which were taken to mortify their feelings and to check the spread of principles so democratic in their tendency, and so dangerous to the interests of the commonwealth. Accordingly, we find that the magistrates sent to Mr. Hobart to forbear delivering a discourse on the occasion of the marriage of one of his church, at Boston, among other reasons, ' because he was a bold man. and would speak his mind.'

"The effect of this controversy does not appear to have been ultimately injurious to the most conspicuous individuals engaged in it. Mr. Hobart, tlie pastor of Hingham, enjoyed the esteem of his people, and, as has been before remarked, was relieved from severe penalties which he incurred by the liberality of the people of the town. His brother, Josliua, was afterwards frequently a deputy, and in 1674 he was honored by an election to the office of Speaker to the House of Deputies.

" It is to be admitted that the excitement necessarily caused by the agitation of this business, served to retard the growth and prosperity of the town ; and while the effects of the displeasure of the goverment were operating to its injury, many of the inhabitants removed to other places."

Hingham, it appears, suffered but little from the depredations of the Indians. Upon the commencement of King Philip's war, in 1675, which carried terror and desolatioo to New EaglaoJ, it appears tliat " soldiera were impressed into the country service," and on the 19th of April, 1G73, John Jacob was killed by a marauding band of savages, and subsequently the houses of Joseph Joanes, Anthony Sprague, Israel Hobart, Natlianiel Chubbuck, and James Whitons wore burned by the Indians.

** Ttio selectmen ut' [lin<^liaui, tuking iotu euti^iiiieriition the (lunger we are in, ami dumugo might enaue on ua, by tin: IniiiuDS buing uur open enemies, unii al^o euuipiaint mude to u.^ on that liccuunt, do therefore order and agree that no person or periuns in tbi^ town shall take in any Indian or Indians into the sii'id town, or entertain or keep any Indian or Indians in the ^aid town or in their service ur houses, without order from authority, under the penalty of twenty shillings for every such olfcucc," etc.

'* No Indian shall set up a wigwam either upon property of the town's common, or dwell in one already set up, from midsummer next until the la^t day of September following, upon penalty of twenty shillingd for every such offence, and if any Kuglisbman phull give leave and permit any such wigwam to be built upon his land, he shall bo liable unto the same forfeiture, and any man in the town aggrieved is hereby empowered to prosecute this order, and to have consideration allowed him by the selectmen."

la 1665, ia the "seaventeenth yeare of the raigDe of our Soveraigne, Lord Charles the Second, by the grace of God, of Great Brlttauie, France, and Ireland, King, defender of the faith,** the inhabitants procured a deed of the town of the Indian Wauipatuck, called by the English, Josiah, chief Indian, and Squmuck, called by the English, Daniel, son of Chickatubut. This deed was witnessed by Job Noeshteans, William Mauananianut, and Robert Mumuntahgin, Indians, and John Hues, Mattiaa Briggs, and Job Judkins.