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A41380 Servants on horse-back, or, A free-people bestrided in their persons and liberties, by worthlesse men being a representation of the dejected state of the inhabitants of Summer Islands : containing short illustrations upon a petition presented to the High Court of Parliament for redresse / published by Will. Golding ... Golding, William, 17th cent. 1648 (1648) Wing G1020; ESTC R7910 31,111 29

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Servants on HORSE-BACK OR A Free-People bestrided in their persons and Liberties by worthlesse men BEING A Representation of the dejected state of the Inhabitants of Summer Islands CONTAINING Short Illustrations upon a Petition presented to the High Court of Parliament for REDRESSE Published by Will Golding Master of Arts and Teacher to the Congregation in that Island 2 Chron. 16. 10. Then Asa was wroth with the Seer and put him in a prison-prison-house for he was in a rage with him because of this thing and Asa oppressed some of the people the same time Quam quisque pessimè fecit tam maximè tutus est Salust Printed in the Yeare 1648. THE EPISTLE To the Honourable Committee of Lords and Commons Intrusted to examine the Petition presented unto the Parliament in the behalfe of the Inhabitants of the Summer Islands by Captaine Sayle and William Golding June Anno 1646. Honourable Sirs IT pleased the high Court of Parliament to accept a Petition in behalfe of the Summer Islands and to recommit it unto your selves for examination your care and readinesse in attending that trust was very eminent onely you met with obstructions partly from the Company who are concerned in the Petition partly from the sad breach between City and Armies emergent in that nick of time and since by the necessitated absence of Captaine Sayle and my selfe whose attendance was requisite In pursuance thereof Honourable Sirs I beseech you resume the Complaints which are before you That your Petitioners may not languish under an usurped power nor the power and honour of Parliament be trampled on by the vilest of our English Nation Sirs to set this wheele on motion I have presumed to publish the copy of the Petition and papers affixed as presented unto the High Court of Parliament As also some few Acts and Lawes made by governours Councell and Assembly with us with some Animadversions upon them for your better information leaving it to the wisdome and justice of Parliament to judge thereof Sirs I have taken this course not with desire to asperse the Honourable Company the Nobility and Gentry of that Court from whom we have alwayes found helpe when their leasure would permit their presence at the Court but to discover the practice of the trading-party who hold the people in bondage and study to vex those who plead for liberty Besides Sirs Those of the Company concerned in the Petition will be ready to give out that your Petitioners durst not owne their act and therefore withdrew and declined the prosecution thereof whereas the world shall know that was not the reason But the attendance upon places care of our families a good providence opening a way for our returne with our great expence under long delayes were the true causes of it Sirs Mr. Steele who is of Councell hath the copy of papers at large if you desire further satisfaction then what is Printed The wise God make you as Angels to judge righteously and as Gods to relieve the oppressed Sirs I am you humble Servant William Golding ΠΡΟΛΕΓΟΜΕΝΑ OR The Preface to the READER MY purpose is not to compile a History nor to enter upon a distinct Narration of all trans-actions with us I suppose that will be performed by a better hand but onely to give a briefe assay of things that the Honourable Court of Parliament with others may clearly perceive wee have not complained without a cause I shall briefly premise a few things to cleare a way to the ensuing Treatise viz. The Reader is desired to take notice 1. That the Island called Summer Islands alias Bermuda is governed by a Company of Merchant Adventurers of London who hold their power by Patent from King James who keep Courts make Lawes and reverse them at pleasure chose Deputy governours Magistrates and Commanders over the Inhabitants there all which depend for direction in their respective places upon the Company of London 2. That though there be many noble Lords and worthy Gentlemen of that Company yet are they strangers for the most part how things are carried in the Bermuda Court for their more weighty imployments take them off from so low and inconsiderable affaires The Court is upheld by a Deputy and a few assistants many of whom being of the trading party wait upon the quarterly Courts to consult what may tend to their advantage and the government of the Island in subordination to that end 3. That the pretence of the present difference in the Islands is about a congregation gathered there into Gospel-fellowship the beginning whereof and by what authority gathered the manner of its proceeding with the oppositions it met with in its infancy is faithfully reported by Mr. White Pastor of that Congregation in his answer to a scandalous paper sent from the Island and Printed under the Patronage of Mr. Prynn all which I shall passe over to prevent tediousnesse 4. That through the indulgence of the High Court of Parliament and Honourable Committee for the American plantations the Congregation in Summer Islands is indempnified in matters of Gods worship by their orders These things premised I shall give a briefe account of the proceed of things occasioned since the Company of London chose Captaine Turner to be Governour of these Islands Servants on Horse-back IT pleased the Company or part of them Anno 1645. to change their Governour in Summer Islands how regularly they proceeded I say not and chose Captaine Thomas Turner pretending that he being an honest and dis-ingaged person and now cloathed with authority might the better heale the distempers of the Island who arriving at the Island soon discovered his purpose and designe and within six or seven months acted so excentrically that many of the Inhabitants finding themselves agrieved did earnestly intreat Cap. Sayle and William Golding to addresse themselves for England to seek shelter for themselves and others against the blacke storme which was fallen upon them who casting themselves and families upon the Lord undertooke that * Province and by the good hand of God upon them comming to London they besought the Company to heare their complaints and put them into a way of security and peace The complaints were read and committed to examination but no report made after five months attendance At length it pleased the Lords and many Gentry to be present at Court resolving to heare and issue matters But the trading assistants with their friends perceiving this businesse would be now called upon left the Court in whose absence though thirty or forty still remained yet according to their orders requiring seven Assistants at least with the Governour or his Deputy there was not that number to make a Court which lost us that opportunity and clearly taught us what to trust too upon which Captaine Sayle and William Golding besought the Parliament The Copy of whose Petition was as followeth To the Honourable the Knights Citizens and Burgesses assembled in Parliament The Petition of Wil. Sayle and Wil.
world of particular wrongs offered by some members of that Company to the poore Plantors here but I spare them as not the miscarriage of the body with whom I have to deale and not with the body neither but with the feet and toes of it I proceed now to reflect on the government in the Island as it lyes in order in the Petition confining my selfe to the time since Captaine Turner was sent over by the trading party who being one of them acts their principles and from beginning told us of private instructions under which its like we have suffered much though not under that plea but by an assumed power and a high hand I shall branch the fifth head into particulars First Captaine Turner refused to take his oath at his enstalment which other Governors never did this will be witnessed by men of fidelity if he hath since taken it before his counsell in a clandestine manner it is unknowne to us and I suppose if done at all it was neare two yeares after he tooke his place I meane not the oath of Supremacy Allegeance or Covenant but that proper to the Deputy-governour of Summer-Islands His excuse was he tooke it in England but that was denyed by the Deputy and Secretary of that Company in open Court Secondly calls an assembly pretending the Company so ordered it but that also was denyed and the lawes of the Company say the second yeare it may be lawfull for the Governour to call an Assembly he within twenty dayes 'T is probable this plot was laid at Barbadus where Captaine Turner meeting with Captaine Parker who not long before stole away from Barmuda thither and since comming well from his companions in his way homeward dyed of an impostume blood issuing out of his mouth eares and nostrills The grand ingenier of trouble to the Congregation in Summer-Islands put Captaine Turner upon this designe and named the men fittest to act therein who for the most part were made choice of This Assembly thus met call themselves a grave Assembly Truly there were many grave and grey headed drunkards of that * Convention who proved the grave of piety justice and civility But this is too low a style for them therefore by their Speaker they are called a Parliament and by the Governour summoned downe under the name of Burgesses that under this pretence without respect to the Parliament of England or Company under whom they stand they might exercise an independent power over the Congregation Thirdly being met an oath of Secrecie is imposed viz. You shall sweare by all meanes to conceale the secrets of the house and not impart or discover either by word or writing or by any other meanes to any one not being of this present Assembly the passages or carriage of any affaires or businesse that shall be treated of and disputed during the whole time of the sitting and continuance of the said Assembly c. I shall not tell you how their grave wisdomes spent seven or eight dayes in little else then finding out who it was should say a Cole merchant was come our Governour as though this had been a greater disparagement Then to feed Hogs and Ducks cleanse ponds and such like drudgery I proceed to higher trans-actions Fourthly they make new Lawes viz. of purpose to snare the Congregation Dongson of the Assembly at Assizes when one of the Congregation pleaded he had transgressed no Law of England answered you have transgressed our Lawes otherwise we could have had no advantage against you An Act for casting out Independent Magistrates and Commanders WHereas by common experience we finde that where people will not readily and chearfully obey the Lawes Orders Rules Government under which they live undoubtedly there must follow upon that state and people inevitable misery and confusion And the rather when the Magistrates and those who fill the seats of justice shall apparently withstand the same Now whereas we the Inhabitants of the Summer-Islands have at this present many Magistrates and publicke Officers placed over us members of the Independent Church and will not yeeld obedience to the established fundamentall Lawes of the King nor yet submit to the Ordinance of the high Court of Parliament nor direction of the honourable Company We the Generall Assembly for prevention of so great disturbance which we have cause to feare may suddenly fall upon us by the power of those Magistrates Independent Covenanters desire it should be enacted And by the power and authority of the Generall Assembly be it enacted That no manner of person or persons who hath or have entred into Covenant and is admitted a member of the Independent Church being at this present a publick Officer or Magistrate and being hereof lawfully convicted by proof or his or their owne confession shall ipso facto be discharged from his or their office or offices of command and others chosen to their places by this Assembly Joh. Vaughan Secretary Dat. 14. April 1646. This Act was forthwith put in execution before any crime was objected or proved against them whom it did concerne Die Jovis 16. July 1646. WHereas at the a last sitting of this present Generall Assembly it was amongst other things enacted That all manner of Ministers and other persons inhabiting and residing within these Islands should conforme themselves in all things touching the publicke worship of God in obedience to the Directory of the Parliament of England And whereas Mr. Nath. White Mr. Pa●rick Copland and Mr. Wil. Golding and divers other persons adhering to them have most presumptuously in contempt of authority taken upon them to congregate themselves together in a publicke place of meeting and there set up a new forme of Discipline according to their owne wills not acquainting the Governour and Councell here although by their petition to the Honourable Houses of Parliament they promise obedience to the Civill Magistrate b which practice of theirs is against the Lawes and government of this place hereby drawing unto them many of the Inhabitants from their Parish Churches upon such dayes and times as our faithfull Ministers now sent unto us by the honourable Company are exercising the Ministery in preaching Gods word unto the people and have likewise received into their Church-covenant divers and sundry persons contrary to all Lawes and rules of government which doings of theirs if not timely prevented must and will be destructive to the long established peace of these Islands Wherefore this Grave and Generall Assembly do order and by the authority and power of the same be it ordered that the said M. White Mr. Copland and Mr. Golding and other members of their congregation nor all nor any of them doe from henceforth presume to practice or set up any other discipline or order in Church-government other then what is commanded by Parliament and Directory set forth unto us And we doe further order by the Authority aforesaid that
White themselves cannot say for what one whiles they pretend words spoken by him in deregation to the Company which if spoken would not beare an action at Common law to which Mr. White appealed under this pretence he was prisoner fifteen weeks After some respite M. White was againe imprisoned six weeks the pretence I know not after their malice being restlesse there is a speciall warrant without any name issued forth It runs thus You shall apprehend and send downe to prison the first and so the second that preach at the Mill so they in scorne call the place where the Congregation meeteth who yet refuse to allow them so much as the Chappell to exercise in by vertue of this namelesse warrant Mr. White upon a Lords day was apprehended by the Head-burrow of Pagets Tribe who a few weeks before was tyed to the Gallowes for pretended words of muteny Who assisted with some twenty Apprentices of Pagets Tribe sent Mr. White to prison where he remained for severall weekes since that the Governour and Councell have fancied concealment of treason against him for words as they pretend spoken in his hearing some foure yeare since and upon this colour they keep him prisoner notwithstanding Captaine Turner offered to give Mr. White his a liberty if he would be bound to wave the care of the Congregation and now the Governour speakes like himselfe and professe the quarrell to be against the Gospell at the next b Councell table they order Mr. White should bee sent home prisoner whom I leave to make relation of the insufferable wrongs done him and the shields of the earth to right him against such high oppression Instance The imprisoning of Robert Nalton seven weeks because he would not be dispossessed by the Governours warrant of that house and land on which he lived but appealed to the Assizes for a legall triall during the time of whose imprisonment another was possest of the land and house and all the goods therein nor might the said Nalton bee released out of prison till he would submit to the Governours order under his hand or be bound to his good behaviour the later he was forced unto If I mistake not this proceeding was not onely Arbitrary but hath Tyranny in it Instance the close and streight imprisoning of Mr. Kestaven and fining him 50 l. for presenting and Mr. Reyner jun. in like manner for writing a Petition for the satisfaction of the world about this proceed I shall give a copy of the Petition with the Governours answer as followeth To the Right Worshipfull Captaine Thomas Turner Governour and Captaine Generall of these Islands with the worshipfull his Councell The humble Petition of certaine Inhabitants of the Summer-Islands THat whereas the Honourable Court of Parliament at Westminster in England have by their high power and authority granted licence unto M. Nath. White and to all that shall adjoyne themselves unto him to exercise the liberty of conscience in matters of Gods worship with all immunities and priviledges thereunto desiring the honourable Committee in power for the government of the Plantations in America whereof the state of England takes the Summer-Islands for a parcell to see their honourable grant executed who under their command with their hands and seales have given and transmitted unto your Worship to observe and performe as also the honourable Company for this Plantation granting under their hands and seales the foresaid Ministers sundry liberties and priviledges in the aforesaid matters of worship with your own Acts in that your late Assembly therein allowing that liberty so granted as aforesaid but of late threatned by what means we know not with molestation and trouble we your Petitioners protesting to yeeld and render all due honor to your authority respect to your persons endeavouring by all means to avoid all occasion of actuall offence humbly pray these aforesaid liberties may by you be allowed and against our adversaries maintained so shall you be instruments of Gods great glory reap the prayers of the Saints and we your Petitioners be obliged at the Throne of grace for you Subscribed with about a hundred hands The issue was the Assembly is called and an Answer returned unto the Petition as followeth FOr as much as you challenge the High and Honourable Court of Parliament in the Kingdome of England to have granted licence unto Mr. White Mr. Copland and Mr. Golding whom you call Ministers the which themselves have denyed and thereby free power to exercise the liberty of their consciences in matters of Gods worship In answer hereunto we say That the Honourable Parliament have given them no such liberty but upon the Petition of divers Inhabitants in Summer-Islands with such others as shall adjoyne themselves to them that they without molestation have and enjoy the liberty of their consciences But not to exercise we finde no such word mentioned and the Honourable Committee hath given them protection and freedome from any Ceremony or Imposition in matters of Gods worship all which we never denied but c confirmed by an Act of our Assembly neither doe I believe that any amongst them hath cause to complaine of any such imposition since my comming unlesse it be the Innovation which they wilfully run into In answer to the request of you who are the Petitioners most or all of you being d knowne to us or most of us we speake unto you as in the presence of the Almighty God we have not the least thought to intrench upon your liberties or priviledges or confine your consciences so that you practice things lawfull if the contrary the law will reduce you we shall expect reformation in you by your obedience to Authority and we desire to live in love and amity with you and so by Gods blessing we doubt not of your compliance and your conformity Signed John Vaughan Secret The Imprisoning of Mr. Copland an aged and reverend preacher many weeks for exexcising on a fast day at the Mill as they call it the day was by Proclamation allowed by the Governour but the place liked him not Also a second time he was imprisoned the Governour pretending Mr. Copland should say That the devill in the Governour and his Councell had cast some of the Church into prison and before Mr. Copland could be released he must be bound to his good behaviour who asking the Governour what would breake his behaviour he replyed if you preach againe to which Mr. Copland answered Sir I knew not till now that preaching was a breach of the good behaviour Instance the imprisoning of John Bristow ten dayes and fining him three hundred pound of Tobacco because he would not deliver the keyes of his hired house unto the Governours new Marshall without the consent of the Landlord or the Governours expresse command and for that the said Bristow the Marshal took M. White committed to his charge till the Governour should secure him This Bristow was no wise peccant in his
Golding Humbly sheweth WHereas your Petitioners with the Inhabitants of Summer Islands the free-borne natives of this Kingdom groaning under severall pressures inconsistent with their native priviledges having duly sought redresse from the Company of that plantation and waited these six months for a favourable issue but without successe are enforced to spread their sad condition before your honours viz. 1. That your Petitioners at the pleasure of the Company or part of them have beene and may againe be restrained of the liberty of their persons 2. Your Petitioners are denyed the free disposall of their proper goods 3. Your Petitioners are burthened with an Impost upon their Tobaccoes which is this yeare raised a third part amounting usually to as much or more then the principall yeeldeth The company little regarding the ends therein pretended nor are the Inhabitants satisfied in the disposall thereof 4. Your Petitioners complaine under excessive fraught set upon their Tobacco and Rates upon the Merchant goods sent them 5. That the Deputy-governour Captaine Tho. Turner lately sent over refused to Jtake the Oath usuall at the enstalment of other Governours yet summons an Asembly who by their Speaker calls themselves a Parliament gives them an Oath of secrecy Together with them makes new Laws and inforce them sleight the power of Parliament imprison men at pleasure turned out Magistrates of known integrity to this state without and against the known Order of this supreame Court forbid appeals silence Ministers approved by the Honourable Company and whose labours were desired by the Inhabitants conceale good Orders for the incouragement of honest men and strengthens the hands of lewd persons with many other vexatious wayes Your Petitioners deepely resenting these grievances humbly pray 1 That your Petitioners may be free to transplant themselves and substance when providence goes before them and bee protected in their due liberties whiles they remaine in these Islands 2 That liberty of free trade be granted to the Inhabitants according to their desires and the subscriptions of many worthy members of that Company as appears by the papers affixed by which also your wisdomes may difcerne whence most of these sorrowes flow 3 That Offenders against the Parliament and just liberties of the Inhabitants may be put into a way of tryall 4 That the Deputy Governour may be questioned and if your wisdomes see just cause suspended and his new elected Councell raised by his sole power by your wisdomes reduced Your Petitioners entrusted by many of the Inhabitants as to the premises having run the hazzard of their lives to escape the violence of a meer Arbitrary power and wasted themselves families and estates in the pursuance thereof having a ship ready to returne them to their relations And fearing to fall under the power of those who have already envaded whatever is deare unto them except their lives which are next in danger are humbly bold to fly to your honours for just and speedy reliefe your Petitioners refreshed with by past favours which they humbly acknowledge and crave continuance of shall continue praying c. A Coppy of the Papers affixed to the Petition when presented to Parliament the first being the Answer of the Assembly in Summer Ilands to the Inhabitants suing for free trade viz Summer Islands Die Lunae 6 Aprill 1646. HAving received divers Petitions from severall of the Inhabitants of these Islands thereby craving a free trade for Tobacco and to have priviledge to transport the same at their own pleasures not weighing nor regarding the priviledge and royalty of the Honourable Company after long dispute and serious debate and well weighing how far forth we can in justice answer your expectations in this particular and moreover well regarding his Majesties Letters Patent granted to the Honourable Company we for your better satisfaction have thought good to affixe that branch or clause whereby we are absolutly prohibited and debarred of this priviledge and as we are all nearly concerned in the premises as you are so we do hereby declare and ingenuously promise that if it were in our power to grant or lawfull for us to do c. we should be no ways wanting and dilatory to advance our own priviledge and profits and whereas it doth appeare to us that we all groane under the excessive rates held and set upon the goods sent hither from the Honourable Company and that our Tobacco and goods passeth at low rates we shall in that behalfe use our best skill and indeavour by enforming the Honourable Company as well on your as our own behalfe to have such things reformed as are neither for their honour nor for our profits not doubting of reliefe therein when we shall with all candor and integrity hold forth our just grievances unto them this wee hope will clear us from having any selfe end or want of will and affection in the discharge of the trust reposed in us by our Countrey But we are bound by oath and duty to maintaine that power from whence we derive our owne yet alwayes regarding our owne so farre forth as civility and justice will warrant it Ordered to be read in the severall Churches of these Islands Signed John Vaugham Clerke of the Assembly A Branch of the grants extracted out of the Letters Patents ANd to the intent that the said Company their Successors and Assignes shall and may enjoy the full and sole benifit and profit of this our grant according to the true intent and meaning of the same our will and pleasure is and by these presents for our Heirs Successors of our more especiall grace certaine knowledge and meere motion and of our supream and absolute authority which we forbid to be argued disputed or brought in question we do straightly charge and command all and every person and persons whatsoever of what degree or condition soever he or they or any of them be that none of them other then the said Company successors assigns deputies servants factors or the assigns of some of them do at any time hereafter attempt presume or go about any manner of way directly or indirectly to transport any monies goods or merchandise out of any our Kingdomes into the limits or bounds of the said Summer Islands or import out of the said Islands or any part thereof into any forreigne parts or into any of our Kingdomes upon paine of forfeiture of all such monies goods and merchandise which shall be so imported or exported contrary to the true meaning of these presents and of the Ships and Vessells wherein the same shall be so transported or imported to the use of the said Company their Successors and Assignes and upon such further paine and penalty and imprisonment as by the Lawes and Statutes of this our Realme of England or by our Prerogative Royall may any way be inflicted or adjudged for their contempt in that behalfe The Copy of another paper affixed to the Petition was as followeth Upon certaine weighty confiderations presented to us
no manner of person or persons inhabiting within these Islands shall or doe hereafter presume to enter into Covenant with them to be of their congregation nor bring in their children to be baptized or any marriage solemnized by them they being not in our judgements capable to performe the ministeriall function or administer either Sacraments Having c laid downe their Ministery and declared themselves to be but Lay-men but these duties shall be performed by our Ministers already conformable to the Ordinance aforesaid And likewise be it further ordered that no person or persons inhabiting within these Islands shall absent themselves from their owne Parish-Churches unlesse to such Churches where our Ministers shall be then teaching upon such paine and punishment as shall be thought fit upon high contemners of Authority d as to the Governour and Councell for the time being shall be thought expedient John Vaughan Secretary Ordered to be published throughout these Islands This Act was sent forth with a Proclamation to put life into it which was as followeth By the Governour and Councel July 18. An. 1646. WHereas it pleased Almighty God to designe me for this place and the honourable Company reposed the trust and government of these Islands into my hands I have hitherto endeavoured with all mildnesse and meeknesse of spirit to gaine a right understanding in and to the manners and orders of the people in these Islands and have through Gods providence discerned divers ill-affected people which are refractory to the Lawes and long established Government of Church and State here established and observed by my Worthy Predecessors in consideration whereof wee the Governours and Councell for the prevention of the evill that may ensue do by this my Proclamation declare unto all his Majesties loving Subjects inhabiting within in these Islands that we doe expect the like conformity unto all his Majesties Lawes and Statutes and to the Acts and Orders made and established to be observed in these Islands as our predecessours might have had or should have assuring all those that shall persist in their wilfull disobedience to the power and authority derived from the honourable Company by vertue of the letter patents granted by his Majesty King James of blessed memory unto them and from them unto us to proceed against e such to the full measure of their demerits being too sensible how my lenity and milde behaviour towards some hath been sleighted and experimentally too to much abused But for such as will endeavour to live in the feare of God and in obedience to the Lawes I shall both by my state and person endeavour to maintaine them in their rights and just priviledges and whereas with griefe of heart I speake it there is a party in these Islands that have withdrawn themselves not onely from the rules of civil Government which are prescribed and warranted unto us to walke by but also have of their owne inventions set up and imposed a discipline and bound them in covenant to observe the same without my f privity or consent which rule and order or rather indeed disorder as I may justly tearme it being not warrantable by the Parliament and Synod in England but otherwise commanded by that Authority and Directory set forth to us Wherefore I have been enforced with the advice and consent of my Councell and Assembly to make and set forth an order thereby to declare the danger of such unnaturall division tending to the subversion of the knowne Lawes and orders of Church and State And I doe hereby in his Majesties name will and require all the Inhabitants of these Islands to yeeld due obedience to the same as they and every of them may avoyd the penalty due to contemners of Authority and as they tender the peace and quietnesse of this Colony And moreover I charge and require all Counsellours Justices Church-officers Constables Head-boroughs and all and every his Majesties Subjects to yeeld obedience to the order annexed and to all the Laws and Acts made and set forth in and by this present Assembly and all such as shall be g dissoyall to authority or disobedient herein I charge and require the Officers aforesaid respectively in their severall tribes to be vigilant and carefull to take notice of all such as shall in the least degree oppose this my Command and them and every of them of what condition or quality soever they be to bring them before me to be proceeded against as contemners of the Laws and utter enemies to the peace and safety of this Colony I doe further require that this Proclamation be published in all the Churches and publicke meetings together with the order above mentioned Given under my hand at my house at S. Georges the day and yeare aforesaid Tho. Turner The intelligent Reader will easily discerne the contradictions between the Order and Proclamations the Order requires obedience to the Directory of Parliament the Proclamation conformity to the Lawes Acts and Orders established ●o be observed by his Worthy predecessours now in his predecessours time the Directory was not in being but the Episcopall way They made a Law forbidding rests upon the Sabbath day A Proclamation May 19. An. 1647. By the Governour WHereas an Order of Assembly bearing date Die Jovis 16. of July 1646. with a Proclamation thereunto annexed and ordered to be published in all the Churches of the Islands thereby requiring conformity to that order and to all other orders here established to be observed as h a Law And for as much as since the publishing hereof I have manifestly found divers ill-affected people contemners of our government have not onely sleighted our authority but have and i do contemn the power and authority of the honourable Company and Parliament and have drawne themselves from the discipline and orders established to be observed in our Church-government and ever since continued in disobedience and contempt of our Lawes and Government endeavouring the subversion of the same to the continuall disturbance of our peace k and quietnesse in these Islands In tender consideration whereof and out of zeale to Gods glory and the hallowing of his Sabbath which of late hath been too much polluted and blasphemed by reason of our unnatural division I do therefore in his Majesties name and by vertue of the power given to me by the honourable Company and Parliament streightly will and require all the Justices Constables and all other officers with all and every his Majesties subjects to take speciall notice of the aforesaid Order and Proclamation And that every Justice in his respective tribe doe immediately apprehend all manner of person and persons that have gone contrary to that Order or Proclamation or hereafter shall do contrary to the same And the persons so offending to binde over with two sufficient sureties to answer their contempt at the next Generall Assizes and such as shall not give sureties that they be forthwith committed
to prison to be proceeded against according m to their demerits And of this I shall require a continuall and strict account as you and every of you will answer the contrary at your perill Tho. Turner Dated 19. May 1647. Ordered to be published the next Sabbath day An Act for the suppressing of all such persons that under the name of Independents have separated themselves from the Discipline which is held forth unto us in these Islands WHereas through the providence of Almighty God This poore Plantation from the foundation hitherto hath enjoyed and hath been partaker of many gracious blessings whereby every poore Plantor might and that through the goodnesse of the same God may sit and enjoy n under their owne vines while divers other Countries through o Apostacy and Rebellion doe welter in their owne blood And as the Lord who is just in all his wayes and righteous in all his judgements doth threaten us likewise intimating thereby that by reason of our sinnes wee have deserved the same measure of punishment to fall upon us The Lord of his mercy prevent it And whereas likewise the Lord hath ordained wholesome Lawes and Orders for the punishment of vice p and for the maintenance of true Religion and vertue In tender consideration thereof and in regard of the trust reposed in us and confirmed upon us by the fundamentall Lawes and laudable customes of the Kingdome of England we have taken notice of sundry persons men and women that have withdrawne themselves in their q allegiance from his Majesty in their obedience from the honourable Parliament and Company and from the Lawes and Ordinances thence derived and here established to be observed in Church and State It is therefore by this present Assembly enacted and by power and authority thereof be it enacted That all and every person and persons which shall not immediately after the publishing hereof conforme themselves and be obedient to our Laws That by vertue hereof from henceforth they be reputed and esteemed r as malignants and utter enemies to the peace and quiet government of these Islands And be it further enacted by the Authority aforesaid That each Counsellour in his or their severall Trybes with the assistance of the Constables and as many other as shall be needfull doe demand and take sufficient sureties for the good behaviour from every person and persons that shall refuse conformity the principall in 5 l. Ster. and the sureties in 50 s. a peece And such as shall refuse to give such you security that the Counsellour aforesaid do seize their estates as opposers and contemners of our Lawes and Government And be it also enacted that from henceforth no publicke meetings or Conventicles be frequented either at the Mill-house or any other place in these Islands upon paine of 20 s. for every one so offending to be levied for publicke uses and such as shall not be able to pay to be sent down to worke at the Colony untill the said 20 s. be satisfied provided that family duties be not prohibited or neglected And for their disobedience to our former Orders We also enact and by the same power be it enacted That every person and persons that hath so offended shall be forthwith seized according to an Ordinance of Parliament dated Westminster Aug. 23. 1645. s provided alwayes that it is the sense and meaning of this present Assembly That all manner of person and persons that shall yeeld obedience to civill authority and live henceforth in all godlinesse and honesty shall have protection immunity and freedome from all trouble and molestation by or from any ceremony or imposition in matters of Gods worship according to the Order of the right Honourable Committee of Lords and Commons ordained for the Plantations And we doe further order by Authority aforesaid that this present Act be forthwith published observed and duely put in execution upon the penalty before specified on the delinquents part and under the paine and penalty of 5 l. Ster. to be imposed on every officer that shall be remisse or slack therein and to be cashered from his or their places provided neverthelesse that it is our intent and meaning that this Act be in force untill the honourable Company by due order of their Court shall alter or make void the same any Law Order heretofore made to the contrary thereof or to any part or parcell thereof in any wise notwithstanding Joh. Vaughan Secret Charles Whittenhall Speak June 25. 1647. I desire wise men would weigh what that passage import Apostacy and Rebellion whether Apostacy relates not to the Episcopall way and Rebellion to the just defence of Parliament against an open Enemy Also the act provides that in some case the whole estate be ceised and yet after a forfeiture of 20 s. is added or vassallage adjudged in case not able to pay An Act for enforcing such as either causlessely neglect the Sacrament of the Lords Supper 〈◊〉 wilfully refuse to have their children baptized WHereas there are now amongst us too many men and women who savour of Anabaptizme and doe either neglect or out of wilfulnesse refuse to have their children baptized It is therefore enacted by the present Assembly and by the power there of be it enacted That from henceforth every person or persons upon the next Sabbath or Sermon-day within the Tribe wherein any childe is or shall hereafter be borne shall bring their children to be baptized if conveniency permit but if conveniency will not permit then such children shall be brought the next Sermon-day following upon pain of 5 l Ster. to be levied upon every offender for general uses provided that this reach not to the baptizing of Bastards or Negroes children And be it further enacted by the Authority aforesaid that every person and persons doe receive the Sacrament of the Lords Supper in his or their now Tribe wherein they dwell at such times as by our Ministers they shal be u prepared for the same and such as shall negligently refuse to come to be examined and to receive at the hands of our Ministers M. William Vyner or M. Tho. Hooper who are for the time being or such other Ministers as shall be conformable to the Directory such person or persons being found capable shall be lyable to one w months imprisonment without bayle or mainprise and if he or they will not then conforme 40 s. shall be levyed for every such default for publicke uses John Vaughan Secret An Act for the establishing the Right worshipfull our Governour to have the command of the Castle in his owne hands and all the land and commodities and profits thereunto belonging TAking into consideration the weaknesse of our Castle and Forts which are the keyes and Bulwarks of these Islands against a forreigne and domesticke Enemy the sad experience of our present condition being sufficient motives to rouse up and to shake off dull security to use
all lawfull meanes for the preservation of this poor Plantation in peace and quiet government It is therefore enacted by this present Generall Assembly and by the power and authority of the same be it enacted that our present Governour doe continue the command of the Kings Castle in his owne power with all the land servants and other priviledges and commodities to the same belonging and to place there such Officers under him as he shall finde both faithfull and able to discharge the trust and to dispose of severall Forts to his discretion being of right belonging to him as he is by Commission Captaine Generall of all these Islands provided alwayes that this Act be in force untill we receive answer of the last Generall letters or untill the honourable Company doe alter or make void the same any Order or Commission heretofore had or which x hereafter may intrench the honourable Resolution to the said letters in any wise notwithstanding John Vaughan Secret Charles Whittenall Speaker June 25. An. 1647. Thus I have given the world an account of some of the Lawes enacted by this Grave Assembly leaving the godly-wise to judge of them We now proceed They enforce these Lawes viz. by their sole power Instance 1. The Magistrates under the odium of Independents though standing by power of Parliament and Company are ipso facto discharged of their place and others chosen by the Governour and his councell Instance Andrew Bromlow Samuel Wise William Reighton had their cattle distrained upon the breach of that Act requiring the baptizing Infants supra M Jenor and one Phillip Clemons wife were sent downe as prisoners to the Governour for not frequenting their Parish Church The whole Congregation and their friends keeping a Fast at their usuall place of meeting upon a day appointed by the Governour but the Governour not approving that place by warrant commanded them to Towne who going together in their boats he would not suffer them to land but sent his Martiall to chuse out some ten of them whom he detained prisoners eight dayes and when he dismist them he confined them and the rest of the Congregation to their owne Plantations withall binding them over to answer it at the Assizes onely reserving to them the liberty of fishing and hearing the word Imprisons men at pleasure Instance Lieutenant John Davis who was by the censure of the house committed close prisoner and cast forth of the Assembly for saying that what the Assembly did was of no force till confirmed by the Company They pretended this was a breach of the oath of Secresy when yet they be the expresse words of the Companies Printed Lawes which all the Inhabitants are bound to take notice of This Davis was not for their turne though no Independent therefore they sought this occasion against him Instance the imprisonment of M. Wilkinson M. Reyner M. More one whole month protesting against the Assemblies meeting a second time and others of their proceedings at first sitting and because the world shall see what was done by those Magistrates had no muteny in it I shall give you a copy of their protest and the Assemblies censure thereupon viz. Right VVorshipfull Governour WHereas your warrants are issued forth to command all such persons who are under the name of Burgesses to tender their attendance at Georges Towne pretending their meeting to be for the ordering things tending to the safety of this Island we of your Councell whose names are subscribed do crave leave of your Worship to deliver our judgements of the same 1. We conceive that this which you call an Assembly to be no other but an Innovation having neither Precept nor Order from the honourable Company nor president in this Island for it 2. That in the former meetings of these persons now conveened was handled maintained and as they would have it acted things absolutely contradictory to Order of Parliament and the honourable Company 3. Rumor being spread by some of these parties that at this meeting they will quite put downe the preaching of the word by those faithfull Ministers of Christ M. White M. Copland and M. Golding though by Parliament and honourable Company allowed 4. Certaine of those persons now conveened insinuating into your Worships that the whole Countrey with urgency solicited this meeting which we finde not to be according to truth with much more which we sorbeare to relate till a hearing before the High Court of Parliament and Honourable Company in England be made to which we appeale and in the meane time declare we may not we dare not for the glory of God the safety of this Island and our just obedience to the trust by higher powers reposed in us comply with this your meeting nor the putting into execution any thing that there shall be or heretofore hath beene by them agitated till heard and confirmed by the honourable Company in England who have not been defective to expresse their minds in that point to that purpose And as by necessity enforced doe crave your Worships protection for our peaceable being in this place till we or such of us as by the mercy of God shall receive opportunity for transporting our selves unto the Honourable Court of Parliament and Company for redresse of such grievances raised and fomented by those persons now conveened and humbly pray we may in behalfe of the Parliament and Company have liberty to take such attestations as may be needfull for the maintenance of the premises Subscribed Wil. Sayle Wil. Reyner Wil. Wilkinson Joseph More July 21. 1646. The Assemblies censure upon this paper July 13. 1646. UPon dispute of a scandalous paper brought in as a charge against the power and proceedings of this Assembly under the hands of Captaine Sayle Mr. Reaner Sheriffe Mr. Wilkinson and Mr. Moore the said Mr. Reyner standing to justifie the same to the derogation of the power of Parliament of England the power and priviledge of the Honourable Company and the subversion of the government of this place upon e mature debate had of the premises it was voted and ordered by the whole Assembly that M. Reyner should be committed to the Marshalsey during the pleasure of this Assembly and be suspended from bearing office in this Island with reference to the Honourable Company Mr. Wilkinson and Mr. Moore being severally examined did likewise in contempt of the Court and power thereof justifie the same paper and contrary to their oaths refuse their assistance and voluntarily deserted their places thereupon were both censured by the generall vote ut supra John Vaughan Secret Let wise men judge what weake Logicians these Grave Assembly be who take in more into the conclusion then the premises will beare We proceed Imprisoned one Watkins upon suspicion of crime whereof he had been formerly acquitted at an open Assizes nor could the Grave Assembly fasten any new matter upon him but after some dayes imprisonment dismist him Instance the imprisoning of Mr.
office by the Governours owne profession he is no Independent but an honest man and not for the Governours turne Instance the imprisoning of Mr. Moore for saying he was Councellour as he thought of Pagets Tribe and therefore refused to pay his levy and before his censure or imprisonment The London ship arrived and Mr. Moore was chosen Counsellour as he had information it should be by the Company yet is he committed to common Gaole and denyed the place of e Counsellour notwithstanding the Companies order Capt. Turner knowes no authority above himselfe but is come in Conquerour over the Summer Islands Sleighted the power of Parliament which appeares First by denying the liberty granted M. White and others by that supreame Court Secondly by the words spoken in the Assembly the Governour present by Th. Wood a member thereof when that foresaid grant was publickly read it is said he but a peece of parchment and a little wax Thirdly by that secret charge of Apostacy and Rebellion on Parliament and Nation See the act for suppressing Independents supra Fourthly by the anticipation of any power to possesse the Kings Castle except from the Company See act for the establishing Captaine Turner to have the command of the Castle in his owne hand supra Fifthly their sleighting the Ordinance and power granted to the Committee for the American plantations When pleaded by the Magistrates against the Act for casting them out The Governour and Assembly turned out of place Magistrates of knowne integrity which is first against the Ordinance of Parliament to the Committee of Plantations then pleaded to by the Magistrates but none regarded the power and authority thereof Secondly It is also against the Companies Declaration which was likewise urged but without successe in which course the Governour and Councell still persist for Anno 1647. Mr. Moore chosen Counsellour by the Company was rejected likewise Captaine Turner making an overture in the vacancy of a Counsellour in Smiths Tribe that the Tribe should have liberty of naming two men and he with his Councell would agree to choose one of them but when it came to acting the Governour set by the men in nomination and chose one Thomas Burrows formerly censured at an Assizes as unworthy to beare the place of Constable for misdemeanours there proved against him Of known integrity to the Parliament This Island Captaine Sayle being Governour assisted with the Councel since cast out by Captain Turner owned the Parliament when the most of the Plantation stood either newter or in open defiance to it the report whereof occasioned one Ferns a Kings Man of warre to make prize of goods belonging to Captaine Sayle and other friends to the Parliament to their damage at least five hundred pound The Governour forbids appeales The Magistrates aforementioned after some dayes imprisonment sent their appeale to the Parliament and Company unto the Governour but were kept in prison at least three weeks after Mr. White hath beene denyed his appeale to the Assizes held in this Island to Honourable Committee and High Court of Parliament So in Robert Naltons cause whose appeale to Assizes would not be granted the Governour at Councell table is above all The Governour with his Assembly forbids Ministers to preach witnesse the order of Assembly which is as followeth Die Mercuriae 29. Aprilis 1646. WHereas we finde by daily experience what great distractions doth arise by the intrusions of M. White M. Copland and M. Golding into our Churches who will not conforme themselves to the Directory of Parliament to the great disturbance of the present Ministers and other well disposed people We the Generall Assembly tendring the peace and well-governing of the Church of God and for the prevention of further mischiefe doe order and prohibit the said M. White M. Copland and Mr. Golding to preach in any of our Churches or Chappels unlesse they submit to the Directory of Parliament as aforesaid not prohibiting them to exercise their gifts according to the extent and limitation given unto them by the High Court of Parliament untill we receive further order and direction from them Ordered that this be sent under the Clerkes hand to the said Mr. White Mr. Copland and Mr. Golding John Vaughan Secret This Order hath no truth in it unlesse in that passage to the great disturbance of the present Ministers to wit Mr. Vyner M. Hooper both of them professing they will administer no Sacrament which yet was the condition they made with the Company to the people of those Tribes where M White or M. Golding should be suffered to preach publickly the onely engine to keepe up the spirits of the people in opposition to M. White and M. Golding These Ministers whom the Assembly silence are allowed by the Company sent over by them at first with approbation Secondly even since the difference about the Congregationall way the Company wrote thus unto M. Copland and M. Golding for the satisfaction of the people wee have sent over two Ministers who we doubt not will be ready according to the Directory to give them due satisfaction in point of administring Sacraments and Marriage Wee will not take upon us to prescribe you any thing Our desire is that you and they as fellow labourers may joyne hand in hand for the good of the people We are farre from pressing you against your consciences we know well that conscience is a tender thing and must be tenderly dealt withall Your owne discretion we doubt not will sufficiently instruct you to be peaceable not to vent your selves one against another in the Pulpit but to minde your maine worke which as we conceive is to preach Christ to the people c. Subscribed with nine of the Companies hands Now our adversaries cannot charge us with disobedience unto the wise and Religious counsell given by the Company in this their letter though to our faces and in the hearing of others we and the Congregation have beene in Pulpits charged with Schisme Heresie Errors to be as Chora● Dathan and Abiram the disease of the land and the Magistrate as Physitians stirred up to cut us off and resembled to Sampsons foxes with firebrands at their tayles and to bring us yet further into contempt the people have been publickly taught that God is not present at the Mill though Christ saith two shall be grinding at the Mill the one taken and the other left with such like stuffe which we forbeare to publish whose labour were desired by the people The most considerable of Sandios Tribe petitioned the Governour to enjoy M. Whites Ministery and many of Smiths tribe M. Goldings but the Governour would not hearken to the desires of either and yet if we may beleeve him and I have heard him speake it forty times he doth all for the glory of God and the good of the Country Conceals good orders An. 1647. The Company required that the Congregation should injoy their liberty and the
are the ill-affected persons the Malignants the disobedient to Authority refractory c. In the language of the Governour and Assembly in their Acts and Proclamations Conclusion The result is to leave the world to judge whether these things gathered up and put together will not amount in the Governours Councell and Assembly in Summer-Islands to a premunire exercise of Arbitrary power injustice impiety oppression in a high degree that I say not tyranny in some of them who have thus acted and whether it is not a righteous thing that those who have usurped power should be made uncapable of the exercise of power for the future As for the Trading party in the Company who have drawne downe at least collaterally dishonour that I say not guilt upon that Honourable Society I shall leave them to the wisdome and justice of a full Court of their owne or rather at the bar of the supreame Judicature of our Nation before whom the Complaints lye waiting with patience their Honours Resolution Now if any man shall object I am 〈◊〉 〈◊〉 and besides my calling I answer First I am forty that there was occasion given me Secondly Ministers are men their lives families estates and liberties are civill things and whilst invaded cannot but complaine Thirdly the Company and Assembly have quited me of a third part of that labour in the exercise of my Calling whilst a Preacher to the Country I can now spare time to study men especially those who study my undoing in whatsoever is deare unto me Fourthly It is not improper to the Ministers of the Gospell to beare witnesse against all unrighteousnesse of men and when their mourhes are stopt to speake in Print the words of truth and sobernesse Fifthly who knowes but the discovery of these things may lead some concerned in them unto repentance which is all the harme I wish these lines produce Lastly I am engaged and should seem to mocke the Honourable Parliament and Committee should I not pursue the complaints exhibited to them nor would the condition of that Congregation the state of my family my personall infirmities and expence far above my estate not having the least allowance from the Congregation or Company nor yet the unsetled state of the Nation as then it stood suffer me to stay and plead to the Petition all which considered I am inforced to make this Remonstrance professing in the presence of God I have endeavoured it with all fidelity not making lies my refuge if any mistakes be it is through mis-information and in lesser things The substance of the Remonstrance specially in matters concerning the Governour his Councell and Assembly will he attested if need be by faithfull witnesses The Lord settle truth justice and peace throughout the earth and honour our Nation to be the Coryphaus and first leader in it Amen Summer-Ilands 7. of the first Month viz. March 1647. FINIS * Dura quidem Provincia Subscribed with eightteen hands Illust. Illust. Mr. Steele hath the originall letters under the hands of severall of the Company See answ. of Comp. to Mr. Copl Mr. Steel * But dismist the guard before the pretence of fear was removed Qu. 47. A crooked barke fellow brought a private letter and had 5 l. allowed 1. Branch of the fifth gen. head Bran. 2. * Concilium or rather Conciliabulum Bran. 3. Bran. 4. Act Nota. Audactur calumniare aliquid adherebit To this day our adversaries canot prove any of these things against us a At the former sitting they rose and adjourned not and yet they sit againe as though cloathed with full power b They had allowance from the Company and by an order of Parliament c They laid downe only what they had from the Bishops d They proclaime to the world that they governe arbitrarily Summum jus summa injuria e bona verba f The congregation was gathered before Cap. Turners governourship at least two years g Cap. Turner Kings it bravely in his expression h This mock Parliament assumes legislative power i Wo to them who make lyes their refuge k The wicked are like the troubled sea m And the governour and his counsell must be the judges n Their owne language o Nota. p Independency q O yee sons of men how long will you seek after leasing Ps. 4. r See how their esta●es and lives are in danger s Contradiction This looke like tyranny u Nota. w Fides suadenda est non impera ida x Though from the power of Parliament Bran. 6. Bran. 7. e Not halfe an houre a Who now is the best subjects b Councell-tables are the law of the Island where quicquid libet licet Pet. Submissively sheweth c A superlative power this our Parliament confirms what the Parliamen of England doth d Not to be drunkards filthy persons swearers e Nequid usquam honesti oculis occurrat Bran. 8. Bran. 9. Bran. 10. Bran. 11. Tyrannis boni quem mali suspectiores sunt semperquae aliena virtus formidolosa est Salust Bran. 12. Bran. 13. Vexatious wayes e Actio personalis moritur cum persona f Scutum tibi potius quam gladium sume Liu. Requests The life of man Homo quasi {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} simul Scal. Ob virtutes certissimum exi●ium Sac. Hist.