Plymouth Town (part 30 of 54)

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.

War Of The Revolution

Committee of 17G3 - Proceedings of the Town - The Resolutions of 1770 - Sentiment of the Town in 1773 - Resu'utiuns of 1773 - Benjamin Lincoln, Delegate to Provincial Congre^iS - Various Votes, Resolutions, etc.

I'UE first reference in the town records to the events which immediately preceded the Revolution, is under date of May, 17G8, being the report of a committee^

I "The Committee appointed by the town of llingbaui, at I their meeting in March last, to take under con^ideralioii the encouraging and promoting economy und industry in the siiid I town, report the following Resolves : First, that we will by all ways and means in our power, encourage aoil promote thu j>r:ictice of virtue and Huppreasing of vice and immorality, the latter of which seem daily incrcasiog umung us, and the decay of the former much to be lamented. [T/ii» part c/ the jii-Ht piiitujniph being read, the t/iieatioii wfta put wht:lhtr it btt nccpptvii : jmnMefi in the aj^rmutive.] And for promoting the one and ili.icoiiraging tbe other we apprehend the lessening the number of licensed houses would greatly contribute to the purpose, and that not more than three retailers in the North Pari-h, two in the East, and one in the South, would be as many as would be consi.-.tent with the interests of tbe community. [Thiv rtmaiuiuy part uf the Jirnt paragraph being read^ the ijueation ivat put whefhtr it be accepted : paused in the negative.] Secondly, we resolve for the future to improve our lands more generally for raising of tlax and increasing our stocks of sheep, which materials, properly improved among ourselves, may prevent tbe necessity of using so great a quantity of imported commodities and increasing our own manufactures, and thereby tbe poorer sort more protitably employed, tbe medium likewise, in a great lucasuru preserved and increased, for tbe want of whiuh tbe industrious are at this time under great disadvantages. [TA/* atcund rcno/rf bring read, the tjueiition waa put whether the name be avc'-jtted : ptinaed in the ajfirmative.]

The following is a copy of the proceedings of the town on the 2l8t of September, 1768, on the reception of a circular from the inhabitants of Boston:

*' At the said meeting the town chose Dea. Joshua Hearsey a committee to join the committees from the several towns within tbe province, to a&semble at Boston on the 22d day of September, current, then and there to consult such measures as shall be necessary for the preservatiau of good order und regularity in tbe province at this critical conjuncture uf atfairH, and voted the following instructions to him, viz. :

" * As you are chosen and appointed by the town of Ilingliam to join with committees from the several towns within this Province, desired to meet at Boston on the 22d day uf Sc[itember current, then and there to consult such measures a? shall be necessary for the preservation of good order and regularity in the Province at this critical conjuncture of all'uirs. We advise and direct you that you use your endeavors to j>re3erve peace and good order in the Province and loyalty to the king; thai you take every legal and constitutional method fur the preservation of our rights and liberties, and fur having lediesycd those grievances we so generally complain of and so sensibly feel; that all possible care be taken that the troop.-n (that) should arrive have provision made fur them, so that they he nut billeted in private families and at so uouveuient a dist.mee as not to interrupt the pcuple; that you encuuragc the inhahitauts to keep up military duty whereby they may bu in a capacity to defend themselves against foreign enemies; and in case you are exposed to any charges in jirusecuting any of thu foregoing preparations, we will repay it, and as these instiuctions are for your private use, improve them fur thai purpose and fur no other whatever.'

March 19, 1770, the iuhabitanta of Hicmhum passed resolutions relutinj^ to the noo-coosumptioD of imported ^^oods and to liie Bostoo massacre. These i resolutions do uot appear in the town records, but are I coniained in the following letter from Gen. Lincoln i to the committee of merchants in Boston : i

** tjK.NTLKMEN, - At the aoDuul tueetiog of the town of Hingbam ou the lltth day of March, .i.D. 1770, Upon a motion being made and seconded (though omitted in the wiirrant), the inhabitants taking into conaidoration the distressed circumstances of the people in this and the neighboring Provinces, ocL-ii^iiiuned by the late parliamentary acts for raising a revenue in North America, the manner of collecting the same, and tlie measures gone into to enforce obedience to tbem, and judging that every society and every individual person are loudly called to exert the utmost of their ability, in a ooastitutional way to procure a redress of those grievances, and to secure the privileges by charter conveyed to them, and that freedom which they have a right to as men and English subjects, came to the following votes :

'* Voted, That we highly approve of the patriotic resolutions of the merchants of this Province not to import goods from Great Britain till the repeal of the aforesaid acts, and viewing it as having a tendency to retrieve us from those burthens so much complained of, and so sensibly felt by us; we will do all ID our power, in a legal way, to support them in carrying into execution so worthy ao undertaking.

" Voted, That those few who have imported goods contrary to general agreement and counteracted the prudent and laudable ulTorts of the merchants and traders aforesaid, have thereby forfeited the confidence of their brethren; and therefore, we declare that we will nut directly or indirectly have any commerce or dealing:] with them.

'- Voted, That we heartily sympathize with our brethren of the town of Duston, in the late unhappy destruction of bo many of their inhabitants, and we rejoice with them that there yet remains the free exercibu of the civil authority.

town, respecting the subjects of controversy between this and tl»e mother-couucry, maybe learned from the following iubtructioDs given to their represeutative to the General Court : j

"The committee chosen to draft some instructions proper lo be given our representative reported as fuUovveth : We the sub- I scribers being appointed by the inhabitants of the town of i Hingham, at a legal meeting on the 1 1th inst., and to draft tiome I instructions proper to be given our representative under the j present alarming situation of affairs in this government, beg ' leave to report as followeth, viz.: '

*' Whereas, your constituents are feelingly sensible of ii number of infringements on their rights and privileges until lately unheard of, the whole of which we pretend not to uuumerute to you as from your knowledge of our present stute they must bear strongly on your own mind; but would notwithstanding mention the following: First, the act of Parliament passed in the last session thereof, entitled au act for the better preserving his Majesty's doclt-yards, magazines, Hhips, ammunition, and stores, we look upon to be one of the greatest grievances ; that persons accused of capital offences should he carried 3UUU miles distant from the place where the crime was committed, to be tried, the inconvenience and injustice of wliiuh so fully appear that there needs no animadversion. Second, The act of Parliament obliging all ships or vessels from Portugal to this province to enter their fruit in some port of Great Britain, by which great expense must arise, and the fruit often much damaged, by which means the trade is burthened, clogged and dibcouraged, - we on the whole instruct you, that you use your utmost endeavors, by dispassionate remonstrance, and humble petition in a legislative way, to the Parliament of Great Britain to have these and all grievances we now labour under redressed, and those we fear from oiroumstances are taking place.

** And we instruct you, that you use your best endeavours, that a salary be granted by this province to the Judges of the Superior Court, aa shall be adequate to their important ot&cc ; and that you endeavour that a harmony may subsist on a proper foundation between the several branches of the legislative body of this province, whioh cement is essentially necessary to the interest and happiness thereof:

1774, Jan. 31. The town appointed a committee to take into consideration a letter and papers sent from the Boston Committee of CorrcspoDdence to this town. The committee was composed of the following gentlemen : Benjamin Lincoln^ E^q., Joseph Andrew:)^ Deacon Joshua Hersey, Deacon Theophilus Gushing, Caleb Bates, James Fearing, Jacob Gushing, Esq., Thomas Loring, and Hezckiah Gushing. They presented a report at the annual town-meeting in March following, from which the nature of the subjects submitted to their coohideracion fully appears. It was as follows :

" When we call to mind a late Act of the British Pa,rliament, expressly declaring that the King, Lords, and Commons, in Parliament assembled, have ever had, and of right ought to have, full power and authority to make laws and statutes o^ sufficient force and validity to bind the colonies and people of America, subject to the Crown of Great Britain, in all casus whatever, and in consequence thereof un Act of Parliament made for the express purpose of raising a revenue in America, for defraying the charge of the administration of justice, ttc, in the colonies; and when also we consider that the uiore ellt-ctually to carry into execution the fame Act, the councils of the nation, in a late session of the British Parliament, have empowered the East India Company to export their teas to America, free of all duties in Eu^IildJ, but still liuble to a duty on it^ being landed in the coluoies; and comparing tbuse Acts and others biniilai- to them, with several clause.s in the charter granted to this province by their late Maje:ttied, King Wiltiatn and Queen Mary, uf blessed uietiiory, in which it \8 among other things ordained and established that all and every of the subjects of us. our heirs and auocessor?, which shall go to inhabit in our said province and territory, and every of their children which shall happen to be burn there, or on the seus going lliitheror returning iVoui thence, shall haveund enjoy alt the liberties and iuiraunities of free and natural subjects, within any of the dominions of us, our heirs and successors, to all intents, constructions and purposes whatever, as if they and every of them were born within this our rc;ilm of England, and whereas it is by the said royal charter especially ordained, that the Great and (General Courtor Assembly, therein constituted, shall bavu full power and authority to iuipose and levy proportionate and reasonable assessments and taxes upon the estates and persons of all and every of the proprietors and inhabitants of the said province and territory for the service of the King, in the necessary defence and support of his government of the province, and the protection and preservation of his subjects therein ; the design and teodenoy of which appear in too conspicuous a light to need any comment, and are too alarming to admit of silence, as silence may be construed into acquiescence. We. therefore, resolve, -

"First. That the disposal of their property is the inherent right of freemen; that there is no property in that which another can of right take from us without our consent; that the claim of Parliament to tax America, is, in other words, a claim of right to lay contributions on us at pleasure.

'* Secondly. That the duty imposed by Parliament upon tea landed in America, ia a tax on the Americans, or levying contributions on them without their consent.

"Thirdly. That the express purpose for which the tax is levied on the Americans, viz., for the support of government and administration of justice, and the defence of his majesty's dominions in America, bus a direct tendency to render assemblies useless, and to introduce arbitrary government and alavery.

"Fourthly. That a virtuous and steady opposition to tlie ministerial plan of governing America is necessary to preserve even a shadow of liberty, and is a duty which every freeman in America owes to his countr}', to himself, and to his posterity.

" Fifthly. That the resolution lately come into by the East India Company, to send out their teas to America subject to the payment of duties on its being landed here, is nn open attempt to enforce the ministerial [dan, and a violent attack on the liberties of America.

"Seventhly. That it atlords the greatest satisfaction to the inhabitants of this town to tiud that liis Majesty's subjects in the American colonies, and of this Province in particular, arc so thoroughly awakened to a sense of their danger, arising from encroachments made on their constitutional rights and liberties, and that so tirni a union is established among them ; and that they will ever be ready to juin their fellow -subjects in all laudable measures for the redress of the many griovaucoa wo labour under.

" After the said report having been several times road, upon a motion made, the quu:3tion was |)ut, whether the sumo be accepted and bo recorded in the town's book of records and a copy thereof sent to the town clerk, to the Committee of Correspondence of the town of lioston ; and it passed in the affirmative."

In 1774, Aui;. 17, the town adopted tlie followiog agreement^ its reported by a committee, but stayed all further proceedings until the report of the Continental Congress :

" We the subscribers taking into our serious cfmsideration the present distressed state of America, and in particular of this devoted Province, occasioned by several late uncnustitutional acts of the British Parliament for taxin-^ Americans without their consent, - blocking up the port of Boston, - vacating our charter, that solemn compact between the king and the people respecting certain laws of this Province, heretofore enacted by our General Court and confirtued by his Majesty and his predecessors. We feel ourselves bound as wo regard our inestimable constitution, and the duty we uwe to succeeding generations, to exert ourselves in this peaceable way, to rccuver uur lost and preserve our remaining privileges, yet not without grief for the distresses that may hereby be brought upun our brethren in Great Britain, we solemnly covenant and engage to and with each other, viz. :

" 1st. That we will not import, purchase, or consume, nor suffer any person or persons to, by, for, or under us to import, purchase, or consume, in any matiner whatever, any goods, warea, or merchandize which shall arrive in America from Great Britain, from and after the tirst day of October, one thousand seven hundred and seventy-four, until our charter and constitutional rights shall be restored; or until it :)hall be determined by the major part of our brethren in this and the neighboring colonies, that a non-importation, or a non-consumption agreement will not etfeot the desired end ; or until it shall be apparent that a non-importation or non-consumption agreement will not be entered into by this and the neighboring colonies, except drugs and medicines, and such articles, and such only 03 will be absolutely necessary in carrying on our own manufactures.

" 2dly. That in order to prevent, as far as in us lies, any inconveniences that may arise from the disuse of foreign commodities, we agree that we will take the most jtrudent care for the raising and preserving sheep, tlax, etc., for the manufacturing all suoh woollen aud linen cloths as shall be most useful and necessary, and that we will give all possible support and enoouragement to the manufactures of America in general."

1774, Sept. 21. (Col.) Benjamin Lincoln wascliosen to attend a Provincial Congress at Concord. In October, 1774, the town " recommended to the militia officers to assemble their men once in a week, and instruct them in the art of war, &c." In November the collectors of taxes were directed to pay all moneys collected to Henry Gardner, Esq., of Stow, appointed treasurer by the Provincial Congress.

Dec. 2G, 1774. Benjamin Lincoln Wiis chosen to represent the town in the Provincial Congress to be held at Cambridge, in the ensuing Februiiry, and on the same day a committee was appointed to draft a

^ This agreement or covenant wiis reported by a cumiuitteu consisting of the following gentlemen, viz. : Deacon Joshua Mersey, Col. Benjamin Lincoln, Deacon Theuphilus Cushing, Deacon Benjamin Cushing, Mr. Samuel Norton, Mr. Joseph Andrews, Mr. Israel Bcal, Jacob Cushing, Esq., Mr. Knock Lincoln, Mr. Heman Lincoln, Mr. Thomas Loriug, Capt.

History Of Hingham

petition to the clergymen, requesting them, if they thought it consistent witli their duty, to eucouruge the people to comply with the associalion, so called, of the Continental Congress. A petiiioo was reported by the committee and presented by another committee of nine, to Rev. Messrs. Gay and Shute. They complied with the request of the town. Each of them addre.ssed the people at the next town-meeting, for whicii the town gave them a vote of thanks. In January, 1775, the town chose a committee to take into consideration the state of the militia.'

May 24, 1775. Benjamin Lincoln was chosen to represent the town in the Provincial Congress, then sitting at Watertown, and at the same meeting Benjamin Lincoln, Benjamin Gushing, and David Cushing were chosen a committee to correspond with other towns in this province.

1775, July 10. Benjamin Lincoln was chosen to represent the town in the General Court to be held at Watertown on the 19th of that month, agreeably to a resolve of the Continental Congress. In August, Enoch Lincoln waa chosen to attend the General Court then sitting.

During the year 1775, it appears by the selectmen's and town records, that money was raised and disbursements were frequently made, to improve the condition of the militia, and to provide arms and ammunition to be used on any emergency.

1776, March 18. Theophilus Gushing, Esq., John Fearing, Thomas Loring, Israel Beal, and Peter Hobart were chosen a Committee of Correspondence, Inspection and Safety.

On the 23d of May, Enoch Lincoln, Theophilus Gushing, and John Fearing were chosen representatives to the General Court ; and Benjamin Lincoln, Hezekiah Cu.shing, and Deacon Joshua Hersey were appointed a committee to prepare instructions for the representatives.

" As the important crisis of the declaration of independence of the colonies approached, and with it an excitement which extended universally throughout the country ; when the repeated aggressions of Great Britain upon the rights of the colonies had roused a spirit of indignation in some breasts, and created despondency and pusillanimity in others; at a time when energy and decision were most needed, the following manly and independent instructions were given by the town to their representaiives. They were drawn up by the committee before mentioned:

" Oentlehe.v, - You are delegated to represent the Town of Hinghum in the next Qeneriil Court, to be held in thid uuloay ; and although we entertain the highest aense of your integrity, patriotism, and ability, uf which we have given full evidcucc in appointing you to this weighty trust, yet as matters of ibe greatest importance, relative to the freedom and happiness not only of this, but of all the United Colonies, on which you may I wish to have the advice of your constituent.', will come before you for your determination, you are instructed and directed ;it all times to give your vote and interest in support of the present struggle with Qreat Britain ; we ask nothing of her but * Peace, Libert]/, and Sufeiy ;' you will never recede from that claim ; and agreeably to a resolve of the late House of Representatives, io case the honourable Continental Congress declare themselves independent of the Kingdom of Great Britain, nuleinnli/ to engage in behalf of your conatituentu, that they will, with theiy L1VK3 and FOllTUNES, support them in the meaanre.

"You will also, as aoon as may be, endeavour to procure a more equal representation of this colony in General .\sscmbly ; nod that it be by fewer members than at present the several towns have a right to return ; and when this is eti'ccted you will give your vote for calling a new house.

The Committee of Correspondence, Inspection, and Safety, chosen in March, 1777, were Isreal Beal, Samuel Norton, John Fearing, Peter Gushing, Thomas Loring, Peter Hobart, and Theophilus Gushing.

" In May, Mr. Enoch Lincoln was chosen to represent the town in the General Court. He was instructed to assist in forming a constitution, on the condition that it should be laid before the town 'for their approbation or disapprobation, before the establishment thereof.' In June following, the town reconsidered their previous vote instructing the representative, and voted ' that, upon mature dtULeralLOii, this town direct said representative on no lenim to consent to it, but to use his influence and oppose it heartily, if such an attempt should be made : for, we apprehend, this matter, at a suitable time will come before the people at large, to delegate a select number for that purpose, and that only, and that he exert his influence that such body be formed as soon as may be.'

" The town, at this important period, was ever vigilant and watchful of its own interests and of those of the country. In June, 1777, Mr. Israel Beal was appointed ' to procure evidence against such persons as are suspected of being inimical to tliis and tlie United States of America in this town.'

" III 1778, the Committee of Correspondence, etc. were Thomas Burr, Jacob Leavitt, Abel Hersey, Enoch Whiton, and Peter Hobart. The representatives chosen in May were Enoch Lincoln and Joseph Thaxter.

for the Statu of Massachusetts Bay. Fifty-six votes agaiii>l the pniposuJ foiiu of government aotl not one iu favof of it.' At the same time, instructions wore i;iven to tlie representative ' to use his influence tliat a constitution be formed, at some suitable time, hy a Ituilij cltonen III/ the people for thai jiitipose and /hut only:

" The Cumiuittee of Correspoudeuce, etc., in 1779, were Samuel Norton, Dr. Thomas Thaxter, Capt. Theophilus Wilder, Capt. Charles Gushing, and Joseph Tliaxter.

" In May, Mr. Joseph Tliaxter, Jr., was chosen representative to the General Court. At the same time the views of the citizens were again expressed on the subject of a constitution. It was voted, 42 to 8, that -it is not best at this time to have a new form of o-overnment.' In July, Rev. Daniel Shute and Mr. Joseph Tliaxter were chosen delegates to the oonventioii for forming a constitution.

" In 1780 the Committee of Correspondence, etc., were Israel Beal, Capt. Charles Cushing, Ebenezer Cushing, Joshua Leavitt, and Isaac Wilder, Jr.

"The committee reported as follows: '* The cuuiuiittee iippointcil to tako ioto considcrjition tlie fr:imu of a constitutiou fur this slate, presentoJ to tho town for their cousidurution anil revision, by the cunveatioii appointed for preparing tlic same, having ourefully gone through and maturely considered tlie said frame of a eotistitution, humbly oiler it as our opinion : that it is a system well calculated in general to promote the present and future happiness of tliis state; by securing to the individuals of which it is composed safety and properly ; at once guarding the rights of conscience, and making provision for the promotion of virtue and morality, each absolutelv neeesaary to the support and good order of society; in fine, that while it gives energy and dignity to legal authority, it ei|itally insure? peace, liberty, and saifcty to the subject; yet it is au human production, and, though good aj a system, may possibly admit of amendment in some of its parts; we have therefore taken the liberty to bint tho following, viz.: In the article of the lirsl section, of the 2d chapter, it is proposed that the governour be eiupuwered, with the advice of the council, in the recess of the General Court, to march or transport the inhabitants of this state to the relief of a neighbouring state invaded, or threatened with immediate invasion ; this we owe as men, besides we are taught it by a principle of {lolicy. It is apparent tliat while time may be spent iu collecting the General Cimrt, destruction may be brought upon our neighbours, and war with all its consequences come even to our own doors, thousands of lives may bo lost and millions of property expended, that by timely e.\ertion might be saved; add to this the articles of confederation bind us to grant which can only be but by vesting the governour with such power.

** In the tourth section of the same article, tirst, it is proposed that the time of service of the commissary general be limited to live years, except in lime of war or rebellion, upon tho same principle and for the same reasons that the time of Service of the treasurer is limited lo that lime.

^' Your committee recommend that the town instruct their delegates to us© their endeavours that the foregoing amendments be made ; but if that cannot be obtained, tlial tiiey then accept the constitution as it now stands ; convinced of the zeal. integrity and abilities of our delegates, the coinmitti'e recommend that it bo referred to them in conjunction with the united wisdom of the convention to Hx upon a time when the constitution shall take place. Signed by order and in behalf of ihe committee. Thomas Loiti.Nii, Chair, iukh.

" The representative chosen in May, 17S0, w;is Capt. Charles Cushing. At the same meeting Rev. Daniel Shute was elected delegate to the coiiveutioii for establishing a new form of government. The town eventually voted for the adoption of the constitution, and on the 4th of September, 17S0, the election of State officers took place. The votes for Governor in Hingham were 56 ; of which Hancock had 44, and Bowdoin 12.

" The town records at this time are full of evidence of the active, persevering, and liberal ctibrts of the citizens to carry on to a successful termination the war in which the colonies were engaged with Great Britain. Town-meetings were frequently held, large sums of money raised to be expended in military stores, bounties to soldiers, provisions for their families, and generally for all necessaries to carry on the war.

"The Committee of Correspondence in 17bl were Siimuel Norton, Capt. Charles Cushing, llem.in Lincoln, Capt. Peter Cushing, and Elisha Cushing, Jr.

" The requisitions of the State were generally complied with promptly and cheerfully. In one instance, however, when the General Court ' required a quantity of beef or money to be sent in a very short time, and if not complied with, to pay a fine of twenty per cent.,' the town voted ' to comply therewith, provided it be not brought as a precedent in tuturc time.'

'- The Committee of Correspondence, ttc, elected in 1782, were Israel Beal, John Fearing, and Theophilus Cushing. The same gentlemen were re-elected iu 1783.

" It was not by resolutions alone that the people of Hingham aided the cause of freedom, nor did their meritorious acts consist only in appropriating liberal supplies of money to sustain the liberties of their

History Of H Ingham

Jan. 19, 1679/80, the town "agreed to build a new raeetiog-house with all convenient speed," and apso strou;:ly attached. In a large number of tlie hard- i pointed a committee to make such investigation of the fought battles of the Revolution, from the time of the ; probable size and cost as was deemed necessary, noble display of American valor on Breed's Ilill until j After a controversy lasting more than a year a.s to that of the brilliant achievemeuts at Yorktowu, many of the citizens of Hingliam were present sliaring the dangers and participating in the honors of the day.' 'In looking back,' says Mr. Lincoln, 'upon the history of this interesting period, I am aware that some may be found who hesitate to rally around the banthe proper site for the new meeting-house, the location was finally settled and immediate measures were taken to build.

On the 8th day of July, 1681, Capt. Joshua Hobart conveyed to the town by deed of gift the site for the meetinK-bouse. It is the same on which tlie the result of the tremendous conflict, induced them ' The frame of the meeting-house was raised on the to give but feeble aid to her cause, and perhaps a few 2Gth, 27th, and 28th days of July, 1681, and the who disapproved of the principles and disregarded i house was finished and opened for public wor>hip the motives which actuated the patriots of those ' Jan. 8. 1681/2. The cost was four hundred and times But it must be recorded to their credit, that | thirty pounds and the sum received from the sale of even the few made no resistance to the payment of I the old meeting-house. The appearance of the meetheavy taxes ; none, openly, to the power of public i iug-house was much the same as it now is. opinion after the declaration of our independence. Inside there were galleries on one side and at both Royalists as well as republicans, Tories as well as i ends, and the pulpit was on tlie northeast side of tlie Whigs, gave of their substance to establish the liber- house.

Tlie First Parish - South Uiujjhivin Church - The Third Puriali - Evaagclical CoDj^rejjiitiouuI Church - Church of St. John the Ev';iDgeli±it - Universulist Churcii - Methodist Episoopul Church - First Baptist Church - Church of Zion - Roiuuq Ciilhulic Church - Tlie Third Congrcgutionai Church - South lI(D;rliaui Church.

Up to 1717 the town constituted but une parish; but Nov. 21, 1717, the inhabitants of Coha.sset >uceecded, after some opposition, in having themselves set apart, and Cohasset became known as the Second Precinct or Parish of Hiogham. The remaining inhabitants of Hiogham not included within the limits of Cohasset composed the First Parish or Precinct, and organized as such the 6th of March, 1720/1.

In 1729 the parish voted " that there bo an addition made to the back part of tlie Meeting-house, and that the same do not exceed fourteen feet wide or back."

The First Parish." - The first church in Hingham was formed in 1635, with the Rev. Peter Hobart as its minister. The first house for public worship was erected by the first settlers of the town about 1635. Its situation was on a slight eminence in front of the i outside of the same where tliey thought necessary, present site of Derby Academy. This was the only i ""J "-'*'> "^ plaster with lime as much of the inside as place for public worship in the town for forty-five ''"^y thought proper, ygars. 1° 1755 further changes were made, and at that

The Rev. Peter Hobart died Jan. 20, 1G78/9, 1'"'^ the central space or body of the house was filled and the Rev. John Norton was ordained as his sue- ^*'"h '""S <^'»''e" '^'^a'". -"'" '^e men on one side of the cesser Nov. 27 1678 i broad aisle and for the women on the other. A new pulpit was built in the same year, and these addilion.s

' Lieut. Joseph Andrew?, a brave and promising officer, was ustabliahed the dimensions of the meeting-hou.ie as mortally wounded at the battle of Brandy wine. His valor on , ^, ,,^^ are, - I.e., sevenly-three feet by fifty-five feet. ihut uccusiun utti'dcLed much attuntion. Dulce ct decoi iiin e:)t ^« « - i i ..

tlie years 1755 and 1869. At the parish-meeting held March 10, 1869, it was voted " tliat a committee be cliosen to consider tlie matter of reseating the lower floor of the church," and ascertain the probable expense of a new floor and new pews, and report to the parish at their next meeting.

The committee was appointed by the moderator. Gen. Luther Stephenson, Jr., and consisted of Warren A. Ileisey, Ebed. L. Ripley, William Fearing (2d), E. Waters Burr, and Henry C. Harding. The members of the parish committee, consisting of John K. Corthell, Israel Whitcouib, and Quincy Bicknell, were added to the above-named committee.

Quite extensive changes were now made, leaving the present condition and aspect of the meetiug-house something as follows : " A cellar has been excavated under the house of sufficient depth, in which are placed two brick furnaces for heating purposes. The new sills and large floor timbers, and the columns supporting the same are of the best Southern pine. The pews are made of chestnut, with black walnut ends and mouldings, furnished with cushions and carpeted uniformly with the ai.sles.

In 1881 the parish celebrated the two hundredth anniversary of the building of its meeting-house ; ou Monday the 8th of August, Mr. Charles Eliot Norton, a descendant of the Rev. John Norton, second minister of the parish, delivered the address. This parish has had during its existence but seven pastors, not including the associate pastorship of the Rev. E. A. Horton.

The first minister was the Rev. Peter Hobart, who was born in Hingham, England, in 1641 ; he was minister from 1635 to 1679. The Rev. John Norton, the second mitiister, was born in Ipswich. He was ordained as colleague of Rev. Peter Hobart in 1678, about two months before the death of Mr. Hobart. The Rev. Mr. Norton's pastorate was from 1678 to 1716.

The Rev. Ebenezer Gay, D.D., was ordained as the third minister of the parish in 1718, and his pastorate was of unusual length, from 1718 to 1787.

The Rev. Henry Ware, D.D., born in Sherboru, was the fourth minister, and he was pastor from 1787 to 1805, when he became Hollis Professor of Divinity in Harvard College.

In 1875 the Rev. Mr. Lincoln .sent in his resignation, but it was not accepted by the parish, and the Rev. E. A. Horton was inducted into the office of associate pastor with the Rev. Mr. Lincoln in 1877.

The present pastor is the Rev. H. Price Collier, who was ordained the 29th of September, ISS2. From all that can be learned, after diligent and accurate research, it is safe to say that the old meetinghouse of the First Parish of Hingham is the oldest house for public worship which exists within the original limits of the United States. Though there have been many changes, still it remains in its essential particulars the same house that was built in 1681.

It would be afiectation on the part of any one attempting to recall the historical antiquities of the town of Hingham not to mention the name of the Hon. Solomon Lincoln. Even for this fragmentary sketch, all of the material used is culled from die stores of accurate historical research left by that gentleman.

South. Hingham Church.' - The South Hingham Church was erected iu 17-12, and is well situated on the rock in the middle of the " Glad Tidings Plain," in the township of Hingham. No better nor more convenient site could have been selected, being just about the centre of the old territorial limits assigned to the parish on its formation, in 1715. The lands and estates set off by new boundaries to ibrm the parish attached to the church were originally part of the First Parish in Hingham, and the new arrangements were made final by a committee from the General Court who visited the town for the [jurpose. This new parish thus formed with the title uf the -' Third Congregational Society iu Hingham," or the Third Parish, was set off on the petition of a Mr. Tlieophilus Cushing, " in behalf of himself and others, inhabitants of the southerly part of the First Parish iu Hingham." This gentleman - being one of the principal iiihubitaats - is worthy of notice in this uiatter. He waa the iiiaiii proprietor of tiie church before tlie formation of the parish, and tlie House of Representatives - J. Quiucy being Spcaiier - granted to him the power to call the first meetiiiir to ehoose precinct officers, and transact ail other affairs according to law. The meeting was called on May 19, 1746, and the First Parish officers were elected to serve one year, himself being chosen treasurer.

Mr. Cushing's descendants in direct line are now living, and are active members of the parish, and he was the fourth in lineal descent from Mr. Matthew Cushing, who came from England, und commenced the settlement of Hingham in 1638. In the year 1749 an agreement was made between the proprietors of the church and parish, whereby the church became the property of the parish on the payment of a large sura of money, and this same Mr. Theophilus Cushing then gave to the parish a quarter of an acre of land surrounding the building. Alterations on the exterior of the church have been made at various times, and the arrangement of the interior has been entirely changed since its first days. Originally the front faced the south, had a porch at the entrance, wliile there was also a door at the west side for admittance to the galleries. The pulpit stood on the north side with a large sounding-board overhead, and was approached from the main entrance through a broad aisle ; old fashioned square pews covered most of the ground floor, and bare long seats were placed in the galleries.

The first work on the exterior could not have been substantial, for in fourteen years afterwards the meeting-house needed to be remodeled all round, which was done ; with this exception the structure remained unchanged until the close of the last century, when some alterations and additions took place. A porch was built at the west door; the tower was built up (179-) from the ground floor at the east end where it now stands ; more pews and seats were put in, also larger and additional windows. A bell was hung (1793) in the tower, purchased from a firm in Hartford, Conn. The church then remained with but few repairs until the years 1820-30, when great changes took place. The south and west doors, with their porches, were removed, and the east end made the front, this was done b}' widening the tower on its north and south sides, when two doors were placed to form the entrance. This widening of the tower was carried up to the roof; and the old bell was taken down to make place for a larger, weighing eight hundredweight.

the pulpit was at that time removed to the west end. We now come down to the year 1809 before any further and marked changes occur, but then the organ was placed in a gallery built for it at the west end, the pew doors were taken off, and the church cleaned and carpeted. Twelve years subsequent to that date the present clocks were placed in tiie tower and church. Turning from these changes in the building we find the parish took its present title of the Second Parish in Hingham iu the year 1771, when Cohasset was incorporated and no longer a distinct part of Hingham. From the old records of parish meetings, made by the successive clerks from the earliest date, we gather a few ecclesiastical usages ; the business was always transacted at a meeting made legal by a due notice to the inhabitants, published at least more than two Sundays previous ; the ministers were settled for life, and their salary and the money for the other expenses of the parish raised by taxation. This was uniformly the case at least up to the early decades of the present century, atid tiie officers of the parish had power to issue a warrant against " delinquents." Parishioners would sometimes pay their taxes by work done for the minister. The management of the schools of the parish was directed at the annual meeting of the society, their portion of money being drawn from the town treasury to defray the expenses thus incurred. In the earliest time the meeting would decide the precise regulating of the schools, but later on, towards the years 1780 and upwards, it was the custom to appoint a committee. The parish officers, viz., assessors, treasurer, and clerk, were annually sworn before a justice of the peace. It was the custom to ring the bell at nine o'clock iu the evening; a sexton was appointed for the purpose, who had also to ring at fUnerals, and at one particular time to announce by the bell the day of the month. The first pews placed in the church were sold by auction, and became the property of purchasers and their heirs by a legal deed, and as new pews were put in, they were sold annually to the highest bidders, who might use them for one year. These are a few of the precise customs which have gradually pa.ssed away.

It now remains to notice the ministers who have had the charge of the society. The parish has been singularly fortunate at times in settling notable and talented men, but never more so than in the case of their first minister, the Rev. D. Shute, U.D., who was born at Maiden in 1722. He was a student at Harvard, and graduated in 1743, then settled with this parish at its formation, and passed the whole of his subsequent long life in South Hingham as the niirjister of the society. The extant records and local tra- ditioiis declare liiui to have beeu a luau of strong iutellect and One moral character, with broad aud lib- , cral religious ideas, while he had u di^^position and ' parts to please and profit his people to no comiuou decree, both iu his ministrations and ordinary intercourse with them. He was thoroughly publicspir- I ited, and twice became the public servant, rendering good .service to the couimouwealth, being appointed by the citizens a member of the convention which formed the Constitution of Massachusetts, and also a member of that which adopted the Coustitution of tlie United States. Mr. Shute also preached the artillery election sermon in ITGT, and the election sermon before the Legislature in 1768, which were duly publibhed. His funeral sermon on Dr. Gay, the minister of the First Parish, was a notable one, and is now in a printed form. He passed a busy life as a minister, as a teacher preparing young men tor Harvard, and ;is a public uian, aud built a house which is to this day one of tlie best in the whole town. With wisdom and heart to serve his people and country, he lived to a good old age, and died Aug. 30, 1802, in tile fifty-si.'cth year of his ministry, when he was eiglity years old.

The Rev. Nicholas Bowes Whitney svas the colleague of Dr. Shute for two years. This gentleman continued to be tlie clergyman of tlie parish until 1833, and died in 1835. He was the last minister Settled for life. Mr. Whitney was succeeded by the Rev. Warren Burton, who remained two years, and subsequently became the author of " Helps to Educaticju," published by a Boston firm.

The years 1836 and 1837 the parish waa served by Rev. T. Lewis Russell, and again by the .same gentleman iu 1842 to 1S49, and also 1853 and 1854. Mr. was an eminent scientist, and was especially distinguished by his knowledge of natural history. During the interval of Mr. Russell's first and second ministry Rev. Lyman Maynard was the minister.

The next minister for any length of time was Rev. W. Travis Clarke, who was at South Hingham from 1855 to 1859. The Rev. J. L. Hatch became the minister in 1862, and stayed two years. A Rev. Mr. Sawyer and a Rev. J. Savary were then the ministers in succession for short periods, and in 1870 the Rev. A. G. Jennings settled with the parish, who stayed eleven years, - a public-spirited gentleman who did much to bring about an improvement in the .system of | education of the town. He was appointed the school i superintendent by the citizens of Hingham, and lield that office for niuc years. Mr. Jennings was succeeded by Rev. W. I. Nichols in 1881, who was an ardent advocate in all social reform movements, but who resigned in 1883, and was followed by the present pastor of the society, the Rev. A. Cross.

The Evangelical Congregational Church, Hingham Centre.' - In the month of August, 1847, Rev. E. Porter Dyer, upon the invitation of the Norfolk Conference of Churches, visited Hingham, aud inquired into the practicability of establishing Evangelical Congregational preaching in this ancient town.

He found that religious services bad been held in the old town hall, by Rev. Mr. Loring, and reported that one hundred and thirteen dollars could be raised for the support of preaching, provided there was a prospect of a permanency in the enterprise.

In September, 1847, Mr. Dyer, made an engagement to preach in the old town hall one year, the Norfolk Conference contributing to his support.

In October a Sunday-school was formed ; and Dee. 21, 1847, a church of eleven members was organized. Asa H. Holden was chosen deacon. During the following year the present church edifice was built, and Mr. Dyer, in September, the close of his eiigai;uuient, was invited to settle as pastor of tlie eliureh and society.

This invitation was accepted, and Rev. E. Porter Dyer was installed first pastor of the Evangelical Congregational Church Jan. 4, 184'J ; at which time, also, the present house of worship was dedicated.

The pastoral relations of Mr. Dyer closed iu September, 1863, after a faithful service of sixteen years. September, 1858, Caleb S. Hunt waa elected deacon. which position he lield until his death, Oct. 17, 187IJ.

Iu September, 1875, Rev. JOdward C. Hood, by invitation of the church and society, became acting pastor. With the beginning of the year 187S, the weekly offering system was introduced, which proveil very successful, and has been continued until the present time (July, 1884). Through the efforts of Mr. Hood the church edifice was repaired, an organ was placed in the audience-room, and a piano wa.s procured for the vestry. He acted as the pastor of the church seven years, and in September, 1882, re-

History Of Hingham

Mr. Robinson is a graduate of Union Theological Seuiiiiar}-, New York City, and this is his first scttlelueiit. The clmrch is unusually prosperous, and a goodly number are uniting with it by profession. Although for thirty years it has been aided by the Massachusetts Home Missionary Society, it is now self-sustaining, and the parish is free from debt.

Church of St. John the Evangelist.' - The history of the establishment of the Episcopal Church in Hingliam extends back over many years. Away back in 1824, Daniel Bassett, Esq., a very zealous churchman, fitted up a suitable hall to use for the services of the Episcopal Church. These services were well attended for a while, but there wore so few who had any real interest that finally they were discouiinued. About the year 1840 the Rev. Mr. Cutter, of Hanover, and the Rev. Mr. Robinson, of Quiney, united to make another attempt to hold services ill the same hall. They were assisted by clergymen stopping in the vicinity during the summer. The Rev. Mr. Snow, a missionary, officiated a part of the time, but was giving his attention to Plymouth also, and concluded that that w;ts a more promising ])lace for establishing the church. The efibrts at Hingliam were therefore abandoned. The families of Mr. Daniel Bassett and of Mr. Atherton Tilden, now residing in Dedliain, wore the only ones identified with the church at that time.

As early as 1843 services were again held in a hall owned by Daniel Bassett and loaned and fitted up for the purpose. The seats were numbered like pews, and a special lot of prayer-books were procured, bound ill sheep-skin and stamped on the outside in gilt letters, '- Episcopal Church, Hingham." Several of these old prayer-books still remain in use. The interest in the services was not strong or widespread enough, and they were finally discontinued.

The interest again revived iu 1869, and a new attempt was made to maintain the services of the church in Hingliam. On the first Sunday after Trinity, May 30th of that year, the Rev. Thomas W. Street, rector of Trinity Church, Weymouth, held an evening service in Loriug Hall. About one hundred persons

In the fall, however, they were discontinued, though occasionally held during the two succeeding summers. During the following years most of the church people were regular attendants at Christ Church, Quiney, or at Trinity Church, Weymouth, each church being about six miles distant.

There were earnest and devoted souls who, firmly convinced of the power and divine appointment of the church and its perfect adaptation to the real religious needs of all people, would not despair, and in 1879, on the fourth Sunday after Trinity, July Ctli, services were held by the Rev. Julius H. Ward, of Boston, in Southworth's Hall. These services were continued every Sunday during the summer, and at least twice monthly during the winter, the Rev. T. A. Snively, then rector of Christ Church, Quiney, and the Rev. George S. Bennett, lector of All Saints Church, Dorchester, having charge. In November of the same year a Sunday-school was started. During the summer of 1881 the congregation was in charge of the Rev. P. C. Webber, and during the succeeding winter in charge of Mr. Sherrard Billings as lay leader, then a candidate for holy orders, and a student at the Cambridge Theological School.

On the 1st of July, 1881, a lot of land on Main Street, at the head of Water Street, was purchased for a thousand dollars, and a fund started for the erectioti of a church.

At Easter, 1882, the congregation organized as a mission, with the choice of Dr. Charles H. Alden, warden; Mr. T. E. Harlow, treasurer; and Mr. H. C. Lahee, clerk. The Rev. Charles h. Weils was placed iu charge of the mi.ssion July 1, 1882.

Services were continued in the hall, hut as its accommodations were limited and its iiicunvenienees many, special exertions were made to increase the amount of the building fund so a.s to justify ]iroceediug to build. By the eflForts of the Woman's Guild a sale was held during the -summer of 1882, which netted about four hundred dollars. This, together with amounts subscribed by members of the congregation and by generous churchmen in Boston, enabled the officers to begin the work, and the ground was broken in November of that same year. Mr. E. A. P. Newcomb, a noted architect of Boston and a devoted churchman, very kindly gave the plans and much of his time and personal supervision. The work progressed during the winter and spring, and an exceedingly pretty church was finished and coii.secrated June 5, 1883, by the Rt. Rev. Benjamin H. Paddock, Bishop of Massachusetts.

The church is of wood, about sixty feet Ion;; by twenty-four wide, and will seat one hundred and fifty persons. It is built in the colonial style, and the interior is richly painted in peacock blue and I'oiupeian red. The high wainscotting and ash pews are stained with a rich old oak color, while the chancel-rail and furniture is ol' solid oak. The windows are stained glass, amber shading into peacock blue.