Part 41

3. It is further agreed that the plantations which at presente are or hereafter shall be setled with y^e limites of y^e Massachusets shall be for ever under y^e Massachusets, and shall have peculier jurisdiction amonge them selves in all cases, as an intire body. And y^t Plimoth, Conightecutt, and New-Haven shall each of them have like peculier jurisdition and govermente within their limites and in refference to y^e plantations which allready are setled, or shall hereafter be erected, or shall setle within their limites, respectively; provided y^t no other jurisdition shall hereafter be taken in, as a distincte head or member of this confederation, nor shall any other plantation or jurisdiction in presente being, and not allready in combination or under y^e jurisdiction of any of these confederats, be received by any of them; nor shall any tow of y^e confederats joyne in one jurisdiction, without consente of y^e rest, which consete to be interpreted as is expresed in y^e sixte article ensewing.

4. It is by these conffederats agreed, y^t the charge of all just warrs, whether offencive or defencive, upon what parte or member of this confederation soever they fall, shall, both in men, provissions, and all other disbursments, be borne by all y^e parts of this confederation, in differente proportions, according to their differente abillities, in maner following: namely, y^t the comissioners for each jurisdiction, from time to time, as ther shall be occasion, bring a true accounte and number of all their males in every plantation, or any way belonging too or under their severall jurisdictions, of what qualitie or condition soever they be, from 16. years old to 60, being inhabitants ther; and y^t according to y^e differente numbers which from time to time shall be found in each jurisdiction upon a true & just accounte, the service of men and all charges of y^e warr be borne by y^e pole; each jurisdiction or plantation being left to their owne just course & custome of rating them selves and people according to their differente estates, with due respects to their qualities and exemptions amongst them selves, though the confederats take no notice of any such priviledg. And y^t according to their differente charge of each jurisdiction & plantation, the whole advantage of y^e warr, (if it please God to blesse their indeaours,) whether it be in lands, goods, or persons, shall be proportionably devided amonge y^e said confederats.

5. It is further agreed, that if these jurisdictions, or any plantation under or in combynacion with them, be invaded by any enemie whomsoever, upon notice & requeste of any 3. magistrats of y^t jurisdiction so invaded, y^e rest of y^e confederats, without any further meeting or expostulation, shall forthwith send ayde to y^e confederate in danger, but in differente proportion; namely, y^e Massachusets an hundred men sufficently armed & provided for such a service and journey, and each of y^e rest forty five so armed & provided, or any lesser number, if less be required according to this proportion. But if such confederate in danger may be supplyed by their nexte confederates, not exeeding y^e number hereby agreed, they may crave help ther, and seeke no further for y^e presente; y^e charge to be borne as in this article is exprest, and at y^e returne to be victuled & suplyed with powder & shote for their jurney (if ther be need) by y^t jurisdiction which imployed or sent for them. But none of y^e jurisdictions to exceede these numbers till, by a meeting of y^e co[=m]issioners for this confederation, a greater aide appear nessessarie. And this proportion to continue till upon knowlege of greater numbers in each jurisdiction, which shall be brought to y^e nexte meeting, some other proportion be ordered. But in such case of sending men for presente aide, whether before or after such order or alteration, it is agreed y^t at y^e meeting of y^e comissioners for this confederation, the cause of such warr or invasion be duly considered; and if it appeare y^t the falte lay in y^e parties so invaded, y^t then that jurisdiction or plantation make just satisfaction both to y^e invaders whom they have injured, and beare all y^e charges of y^e warr them selves, without requiring any allowance from y^e rest of y^e confederats towards y^e same. And further, y^t if any jurisdiction see any danger of any invasion approaching, and ther be time for a meeting, that in such a case 3. magistrats of y^t jurisdiction may su[=m]one a meeting, at such conveniente place as them selves shall thinke meete, to consider & provid against y^e threatened danger, provided when they are mett, they may remove to what place they please; only, whilst any of these foure confederats have but 3 magistrats in their jurisdiction, their requeste, or summons, from any 2. of them shall be accounted of equall force with y^e 3. mentioned in both the clauses of this article, till ther be an increase of majestrats ther.

6. It is also agreed y^t, for y^e managing & concluding of all affairs propper, & concerning the whole confederation, tow comissioners shall be chosen by & out of each of these 4. jurisdictions; namly, 2. for y^e Massachusets, 2. for Plimoth, 2. for Conightecutt, and 2. for New-Haven, being all in church fellowship with us, which shall bring full power from their severall Generall Courts respectively to hear, examene, waigh, and detirmine all affairs of warr, or peace, leagues, aids, charges, and numbers of men for warr, divissions of spoyles, & whatsoever is gotten by conquest; receiving of more confederats, or plantations into combination with any of y^e confederates, and all things of like nature, which are y^e proper concomitants or consequences of such a confederation, for amitie, offence, & defence; not inter-medling with y^e govermente of any of y^e jurisdictions, which by y^e 3. article is preserved entirely to them selves. But if these 8. comissioners when they meete shall not all agree, yet it concluded that any 6. of the 8. agreeing shall have power to setle & determine y^e bussines in question. But if 6. doe not agree, that then such propositions, with their reasons, so farr as they have been debated, be sente, and referred to y^e 4. Generall Courts, viz. y^e Massachusets, Plimoth, Conightecutt, and New-haven; and if at all y^e said Generall Courts y^e bussines so referred be concluded, then to be prosecuted by y^e confederats, and all their members. It was further agreed that these 8. comissioners shall meete once every year, besids extraordinarie meetings, (according to the fifte article,) to consider, treate, & conclude of all affaires belonging to this confederation, which meeting shall ever be the first Thursday in September. And y^t the next meeting after the date of these presents, which shall be accounted y^e second meeting, shall be at Boston in y^e Massachusets, the 3. at Hartford, the 4. at New-Haven, the 5. at Plimoth, and so in course successively, if in y^e meane time some midle place be not found out and agreed on, which may be comodious for all y^e jurisdictions.

7. It is further agreed, y^t at each meeting of these 8. comissioners, whether ordinarie, or extraordinary, they all 6. of them agreeing as before, may chuse a presidente out of them selves, whose office & work shall be to take care and directe for order, and a comly carrying on of all proceedings in y^e present meeting; but he shall be invested with no such power or respecte, as by which he shall hinder y^e propounding or progrese of any bussines, or any way cast y^e scailes otherwise then in y^e precedente article is agreed.

8. It is also agreed, y^t the comissioners for this confederation hereafter at their meetings, whether ordinary or extraordinarie, as they may have comission or opportunitie, doe indeaover to frame and establish agreements & orders in generall cases of a civill nature, wherin all y^e plantations are interessed, for y^e preserving of peace amongst them selves, and preventing as much as may be all occasions of warr or difference with others; as aboute y^e free & speedy passage of justice, in every jurisdiction, to all y^e confederats equally as to their owne; not receiving those y^t remove from one plantation to another without due certificate; how all y^e jurisdictions may carry towards y^e Indeans, that they neither growe insolente, nor be injured without due satisfaction, least warr breake in upon the confederats through such miscarriages. It is also agreed, y^t if any servante rune away from his maister into another of these confederated jurisdictions, that in such case, upon y^e certificate of one magistrate in the jurisdiction out of which y^e said servante fledd, or upon other due proofe, the said servante shall be delivered, either to his maister, or any other y^t pursues & brings such certificate or proofe. And y^t upon y^e escape of any prisoner whatsoever, or fugitive for any criminall cause, whether breaking prison, or getting from y^e officer, or otherwise escaping, upon the certificate of 2. magistrats of y^e jurisdiction out of which y^e escape is made, that he was a prisoner, or such an offender at y^e time of y^e escape, they magistrats, or sume of them of the jurisdiction wher for y^e presente the said prisoner or fugitive abideth, shall forthwith grante such a warrante as y^e case will beare, for y^e apprehending of any such person, & the delivering of him into y^e hands of y^e officer, or other person who pursues him. And if ther be help required, for y^e safe returning of any such offender, then it shall be granted to him y^t craves y^e same, he paying the charges therof.

9. And for y^t the justest warrs may be of dangerous consequence, espetially to y^e smaler plantations in these United Collonies, it is agreed y^t neither y^e Massachusets, Plimoth, Conightecutt, nor New-Haven, nor any member of any of them, shall at any time hear after begine, undertake, or ingage them selves, or this confederation, or any parte therof, in any warr whatsoever, (sudden exegents, with y^e necessary consequents therof excepted, which are also to be moderated as much as y^e case will permitte,) without y^e consente and agreemente of y^e forementioned 8. comissioners, or at the least 6. of them, as in y^e sixt article is provided. And y^t no charge be required of any of they confederats, in case of a defensive warr, till y^e said comissioners have mett, and approved y^e justice of y^e warr, and have agreed upon y^e su[=m]e of money to be levied, which sume is then to be paid by the severall confederats in proportion according to y^e fourth article.

10. That in extraordinary occasions, when meetings are summoned by three magistrates of any jurisdiction, or 2. as in y^e 5. article, if any of y^e comissioners come not, due warning being given or sente, it is agreed y^t 4. of the comissioners shall have power to directe a warr which cannot be delayed, and to send for due proportions of men out of each jurisdiction, as well as 6. might doe if all mett; but not less then 6. shall determine the justice of y^e warr, or alow y^e demands or bills of charges, or cause any levies to be made for y^e same.

11. It is further agreed, y^t if any of y^e confederats shall hereafter breake any of these presente articles, or be any other ways injurious to any one of y^e other jurisdictions, such breach of agreemente or injurie shall be duly considered and ordered by y^e comissioners for y^e other jurisdiction; that both peace and this presente confederation may be intirly preserved without violation.

12. Lastly, this perpetuall confederation, and y^e severall articles therof being read, and seriously considered, both by y^e Generall Courte for y^e Massachusets, and by y^e comissioners for Plimoth, Conigtecute, & New-Haven, were fully alowed & confirmed by 3. of y^e forenamed confederats, namly, y^e Massachusets, Conightecutt, and New-Haven; only y^e comissioners for Plimoth haveing no co[=m]ission to conclude, desired respite till they might advise with their Generall Courte; wher upon it was agreed and concluded by y^e said Courte of y^e Massachusets, and the comissioners for y^e other tow confederats, that, if Plimoth consente, then the whole treaty as it stands in these present articls is, and shall continue, firme & stable without alteration. But if Plimoth come not in, yet y^e other three confederats doe by these presents confeirme y^e whole confederation, and the articles therof; only in September nexte, when y^e second meeting of y^e co[=m]issioners is to be at Boston, new consideration may be taken of y^e 6. article, which concerns number of comissioners for meeting & concluding the affaires of this confederation, to y^e satisfaction of y^e Courte of y^e Massachusets, and y^e comissioners for y^e other 2. confederats, but y^e rest to stand unquestioned. In y^e testimonie wherof, y^e Generall Courte of y^e Massachusets, by ther Secretary, and y^e comissioners for Conightecutt and New-Haven, have subscribed these presente articles this 19. of y^e third month, comonly called May, Anno Dom: 1643.

At a meeting of y^e comissioners for y^e confederation held at Boston y^e 7. of Sept: it appearing that the Generall Courte of New-Plimoth, and y^e severall towneshipes therof, have read & considered & approved these articles of confederation, as appeareth by co[=m]ission from their Generall Courte bearing date y^e 29. of August, 1643. to M^r. Edward Winslow and M^r. William Collier, to ratifie and confirme y^e same on their behalfes. We, therfore, y^e Comissioners for y^e Massachusets, Conightecutt, & New Haven, doe also, for our severall goverments, subscribe unto them.

JOHN WINTHROP, Gov^r. of y^e Massachusest. THO: DUDLEY. GEO: FENWICK. THOMAS GREGSON. THEOPH: EATON. EDWA: HOPKINS. THOMAS GREGSON.

These were y^e articles of agreemente in y^e union and confederation which they now first entered into; and in this their first meeting, held at Boston y^e day & year abovesaid, amongst other things they had this matter of great consequence to considere on: the Narigansets, after y^e subduing of y^e Pequents, thought to have ruled over all y^e Indeans aboute them; but y^e English, espetially those of Conightecutt holding correspondencie & frenship with Uncass, sachem of y^e Monhigg Indeans which lived nere them, (as y^e Massachusets had done with y^e Narigansets,) and he had been faithful to them in y^e Pequente warr, they were ingaged to supporte him in his just liberties, and were contented y^t such of y^e surviving Pequents as had submited to him should remaine with him and quietly under his protection. This did much increase his power and augmente his greatnes, which y^e Narigansets could not indure to see. But Myantinomo, their cheefe sachem, (an ambitious & politick man,) sought privatly and by trearchery (according to y^e Indean maner) to make him away, by hiring some to kill him. Sometime they assayed to poyson him; that not takeing, then in y^e night time to knock him on y^e head in his house, or secretly to shoot him, and such like attempts. But none of these taking effecte, he made open warr upon him (though it was against y^e covenants both betweene y^e English & them, as also betweene them selves, and a plaine breach of y^e same). He came suddanly upon him with 900. or 1000. men (never denouncing any warr before). Y^e others power at y^t presente was not above halfe so many; but it pleased God to give Uncass y^e victory, and he slew many of his men, and wounded many more; but y^e cheefe of all was, he tooke Miantinomo prisoner. And seeing he was a greate man, and y^e Narigansets a potente people & would seeke revenge, he would doe nothing in y^e case without y^e advise of y^e English; so he (by y^e help & direction of those of Conightecutt) kept him prisoner till this meeting of y^e comissioners. The comissioners weighed y^e cause and passages, as they were clearly represented & sufficently evidenced betwixte Uncass and Myantinomo; and the things being duly considered, the comissioners apparently saw y^t Uncass could not be safe whilst Miantynomo lived, but, either by secrete trechery or open force, his life would still be in danger. Wherfore they thought he might justly put such a false & bloud-thirstie enimie to death; but in his owne jurisdiction, not in y^e English plantations. And they advised, in y^e maner of his death all mercy and moderation should be showed, contrary to y^e practise of y^e Indeans, who exercise torturs and cruelty. And, Uncass having hitherto shewed him selfe a freind to y^e English, and in this craving their advise, if the Narigansett Indeans or others shall unjustly assaulte Uncass for this execution, upon notice and request, y^e English promise to assiste and protecte him as farr as they may aga[=i]ste such violence.

This was y^e issue of this bussines. The reasons and passages hereof are more at large to be seene in y^e acts & records of this meeting of y^e comissioners. And Uncass follewd this advise, and accordingly executed him, in a very faire maner, acording as they advised, with due respecte to his honour & greatnes. But what followed on y^e Narigansets parte will appear hear after.

Anno Dom: 1644.

M^R. EDWARD WINSLOW was chosen Gov^r this year.

Many having left this place (as is before noted) by reason of the straightnes & barrennes of y^e same, and their finding of better accommodations elsewher, more sutable to their ends & minds; and sundrie others still upon every occasion desiring their dismissions, the church begane seriously to thinke whether it were not better joyntly to remove to some other place, then to be thus weakened, and as it were insensibly dissolved. Many meetings and much consultation was held hearaboute, and diverse were mens minds and opinions. Some were still for staying togeather in this place, aledging men might hear live, if they would be contente with their condition; and y^t it was not for wante or necessitie so much y^t they removed, as for y^e enriching of them selves. Others were resolute upon removall, and so signified y^t hear y^ey could not stay; but if y^e church did not remove, they must; insomuch as many were swayed, rather then ther should be a dissolution, to condescend to a removall, if a fitt place could be found, that might more conveniently and comfortablie receive y^e whole, with such accession of others as might come to them, for their better strength & subsistence; and some such like cautions and limitations. So as, with y^e afforesaide provissos, y^e greater parte consented to a removall to a place called Nawsett, which had been superficially veiwed and y^e good will of y^e purchassers (to whom it belonged) obtained, with some addition thertoo from y^e Courte. But now they begane to see their errour, that they had given away already the best & most co[=m]odious places to others, and now wanted them selves; for this place was about 50. myles from hence, and at an outside of y^e countrie, remote from all society; also, that it would prove so straite, as it would not be competente to receive y^e whole body, much less be capable of any addition or increase; so as (at least in a shorte time) they should be worse ther then they are now hear. The which, with sundery other like considerations and inconveniences, made them chaing their resolutions; but such as were before resolved upon removall tooke advantage of this agreemente, & wente on notwithstanding, neither could y^e rest hinder them, they haveing made some begi[=n]ing. And thus was this poore church left, like an anciente mother, growne olde, and forsaken of her children, (though not in their affections,) yett in regarde of their bodily presence and personall helpfullness. Her anciente members being most of them worne away by death; and these of later time being like children translated into other families, and she like a widow left only to trust in God. Thus she that had made many rich became her selfe poore.

Some things handled, and pacified by y^e co[=m]issioner this year.

Wheras, by a wise providence of God, tow of y^e jurisdictions in y^e westerne parts, viz. Conightecutt & New-haven, have beene latly exercised by sundrie insolencies & outrages from y^e Indeans; as, first, an Englishman, runing from his m^r out of y^e Massachusets, was murdered in y^e woods, in or nere y^e limites of Conightecute jurisdiction; and aboute 6. weeks after, upon discovery by an Indean, y^e Indean sagamore in these parts promised to deliver the murderer to y^e English, bound; and having accordingly brought him within y^e sight of Uncaway, by their joynte consente, as it is informed, he was ther unbound, and left to shifte for him selfe; wherupon 10. Englishmen forthwith coming to y^e place, being sente by M^r. Ludlow, at y^e Indeans desire, to receive y^e murderer, who seeing him escaped, layed hold of 8. of y^e Indeans ther presente, amongst whom ther was a sagamore or 2. and kept them in hold 2. days, till 4. sagamors ingaged themselves within one month to deliver y^e prisoner. And about a weeke after this agreemente, an Indean came presumtuously and with guile, in y^e day time, and murtherously assalted an English woman in her house at Stamford, and by 3. wounds, supposed mortall, left her for dead, after he had robbed y^e house. By which passages y^e English were provoked, & called to a due consideration of their owne saftie; and y^e Indeans generally in those parts arose in an hostile maner, refused to come to y^e English to carry on treaties of peace, departed from their wigwames, left their corne unweeded, and shewed them selves tumultuously about some of y^e English plantations, & shott of peeces within hearing of y^e towne; and some Indeans came to y^e English & tould them y^e Indeans would fall upon them. So y^t most of y^e English thought it unsafe to travell in those parts by land, and some of y^e plantations were put upon strong watchs and ward, night & day, & could not attend their private occasions, and yet distrusted their owne strength for their defence. Wherupon Hartford & New-Haven were sent unto for aide, and saw cause both to send into y^e weaker parts of their owne jurisdiction thus in danger, and New-Haven, for conveniencie of situation, sente aide to Uncaway, though belonging to Conightecutt. Of all which passages they presently acquainted y^e comissioners in y^e Bay, & had y^e allowance & approbation from y^e Generall Courte ther, with directions neither to hasten warr nor to bear such insolencies too longe. Which courses, though chargable to them selves, yet through Gods blessing they hope fruite is, & will be, sweete and wholsome to all y^e collonies; the murderers are since delivered to justice, the publick peace preserved for y^e presente, & probabillitie it may be better secured for y^e future.

Thus this mischeefe was prevented, and y^e fear of a warr hereby diverted. But now an other broyle was begune by y^e Narigansets; though they unjustly had made warr upon Uncass, (as is before declared,) and had, y^e winter before this, ernestly presed y^e Gove^r of y^e Massachusets that they might still make warr upon them to revenge the death of their sagamore, w^ch, being taken prisoner, was by them put to death, (as before was noted,) pretending that they had first received and accepted his ransome, and then put him to death. But y^e Gove^r refused their presents, and tould them y^t it was them selves had done y^e wronge, & broaken y^e conditions of peace; and he nor y^e English neither could nor would allow them to make any further warr upon him, but if they did, must assiste him, & oppose them; but if it did appeare, upon good proofe, that he had received a ransome for his life, before he put him to death, when y^e comissioners mett, they should have a fair hearing, and they would cause Uncass to returne y^e same. But notwithstanding, at y^e spring of y^e year they gathered a great power, and fell upon Uncass, and slue sundrie of his men, and wounded more, and also had some loss them selves. Uncass cald for aide from y^e English; they tould him what y^e Narigansets objected, he deney the same; they tould him it must come to triall, and if he was inocente, if y^e Narigansets would not desiste, they would aide & assiste him. So at this meeting they sent both to Uncass & y^e Narrigansets, and required their sagamors to come or send to y^e comissioners now mete at Hartford, and they should have a faire & inpartiall hearing in all their greevances, and would endeavor y^t all wrongs should be rectified wher they should be found; and they promised that they should safly come and returne without any danger or molestation; and sundry y^e like things, as appears more at large in y^e messengers instructions. Upon w^ch the Narigansets sent one sagamore and some other deputies, with full power to doe in y^e case as should be meete. Uncass came in person, accompanyed with some cheefe aboute him. After the agitation of y^e bussines, y^e issue was this. The comissioners declared to the Narigansett deputies as followeth.

1. That they did not find any proofe of any ransome agreed on.

2. It appeared not y^t any wampam had been paied as a ransome, or any parte of a ransome, for Myantinomos life.

3. That if they had in any measure proved their charge against Uncass, the comissioners would have required him to have made answerable satisfaction.

4. That if hereafter they can make satisfing profe, y^e English will consider y^e same, & proceed accordingly.

5. The comissioners did require y^t neither them selves nor y^e Nyanticks make any warr or injurious assaulte upon Unquass or any of his company untill they make profe of y^e ransume charged, and y^t due satisfaction be deneyed, unless he first assaulte them.

6. That if they assaulte Uncass, the English are engaged to assist him.

Hearupon y^e Narigansette sachim, advising with y^e other deputies, ingaged him selfe in the behalfe of y^e Narigansets & Nyanticks that no hostile acts should be comitted upon Uncass, or any of his, untill after y^e next planting of corne; and y^t after that, before they begine any warr, they will give 30. days warning to y^e Gove^r of the Massachusets or Conightecutt. The comissioners approving of this offer, and taking their ingagmente under their hands, required Uncass, as he expected y^e continuance of y^e favour of the English, to observe the same termes of peace with y^e Narigansets and theirs.

These foregoing conclusions were subscribed by y^e comissioners, for y^e severall jurisdictions, y^e 19. of Sept: 1644.