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even in the case of these formidable and liberal strangers, CHAPTER the Plymouth magistrates did not fail to vindicate their authority. One of Cromwell's men, inclined to be mu- 1646. tinous, in a struggle with his commander received a slight wound, which presently mortified and caused his death. A jury of inquest having found these facts, Cromwell consented to be tried, "so it might be by a council of war." Such a tribunal being organized, composed of some of the magistrates and military officers, Cromwell came before it and exhibited his commission, on sight of which, probably without any very critical examination of its tenor and authority, he was at once acquitted. Shortly afterward he came to Boston. "He and all his men had much money, and great store of plate and jewels of great value, yet he took up his lodging in a poor thatched house; and when he was offered the best in the town, his answer was, that in his mean estate that poor man entertained him when others would not, and therefore he would not leave him now, when he might do him good." Winthrop, lately re-elected governor, re- May. ceived, as a present from this magnanimous freebooter, an elegant sedan chair, captured in one of his prizes, said to have been designed as a gift from the viceroy of Mexico to his sister.

The faithlessness of La Tour facilitated the negotiations with D'Aulney, which the Commissioners for the United Colonies had taken in hand. They offered to

send an embassador to treat at Penobscot; but D'Aulney satisfied with the compliment, preferred to send agents to Boston. These agents having arrived in a pinnace Sept. on the Lord's day, just as the people were going to afternoon's service, Sergeant-major Gibbons sent two of his chief officers to meet them at the water side, and to conduct them without noise to their lodgings. The public

CHAPTER Worship being ended, the governor sent Gibbons and X. others with a guard of musketeers to attend the em

1646. bassadors to his house. He met them without the door,

carried them in, entertained them with wine and sweet-
meats, and then reconducted them to their lodgings.
The Commissioners for the United Colonies were called
together, and, after a keen negotiation and large claims
for damages on both sides, it was finally agreed to over-
look the past, and be friends for the future.
“The
Lord's day they were here," says Winthrop, "the gov
ernor acquainted them with our manner, that all men
either come to our public meetings or keep themselves
quiet in their houses; and, finding the place where they
were not convenient for them for that day, invited them
to his own house, where they continued private until
sunset, and made use of such Latin and French books
as they had, with the liberty of a private walk in his
garden, and so gave no offense."

Notwithstanding this treaty, which was sealed by presenting to D'Aulney the sedan chair which Captain Cromwell had given to Winthrop, this popish French neighbor still remained an object of much suspicion to New England; nor was it long before he seized and confiscated several Boston vessels for trading with the Indians within the French limits.

While the negotiation with D'Aulney's messengers was still going on, a very unwelcome visitor made his appearance at Boston in the person of Randall Holden, one of Gorton's companions in his recent visit to England. Holden brought letters of safe-conduct from the Parliamentary Commissioners for Plantations; also a copy of the complaint against the Massachusetts magistrates which Gorton had lodged with that board, and an order thereupon that Gorton's people should be allowed quiet

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possession of their lands at Shawomet, with an intima- CHAPTER tion, however, that this decision was not final, and that an answer was expected to Gorton's allegations.

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1646.

Notwithstanding Holden's letters of safe-conduct, it was only after a long consultation with the elders that the unwilling magistrates would allow him to land. The papers which he brought raised a most important question, that of the relation in which the colony stood to the mother country-a point as to which the Massachusetts theocracy was no more inclined to concede to the Parliamentary Commissioners than formerly to the royal commission headed by Laud. The General Court having met in special session, the elders were called in to Nov. advise. It was agreed that allegiance was due to England; also a tenth part of all gold and silver ore; but entire independence in the management of local affairs was claimed under the charter, and complete freedom from any interference by appeals or other interruptions. It was judged wisest, however, not to put forward these pretensions too strongly, but to intrust the matter to the good discretion of Edward Winslow, of Plymouth, who had been several times to England on business of that colony, and who, as being well known to several influential members of Parliament, was now selected to go out as agent for Massachusetts. He was "to discern the mind of the Parliament," and, if the opportunity seemed favorable, was to avail himself of it to procure such countenance of the colony's proceedings as would put a stop to all complaints for the future. But Massachusetts was as poor as she was proud and haughty; her treasury at this important crisis was entirely empty both of money and beaver; nor was it without difficulty that £100 were borrowed for Winslow's outfit.

This matter disposed of, the court took up a petition

CHAPTER presented at a former session, signed by seven citizens X. of Boston, among others, by our old acquaintance Mav1646. erick. In the name of themselves and many more, the

petitioners prayed for the rights of English subjects, with complaints of the exclusion, under the existing system, of all but church members from civil and ecclesiastical privileges. Though sufficiently moderate in its tenor, this petition had given great offense "to many godly, both elders and others." The zealous Johnson denounces those who signed it as "of a very linsiewolsie disposition, some for Prelacy, some for Presbytery, and some for Plebsbytery." Several replies to it were now presented to the court, which, by order of that body, were summed up into one; not, indeed, by way of answer, because the petition was adjudged a contempt, and therefore not worthy of an answer, but as a declaration of the court's opinion touching this audacious assault upon theocratic rights. Dr. Child, a young physician recently from London, whose name stood at the head of the signers, being summoned before the General Court, alleged, on behalf of himself and the others, that it was no crime to petition. He was told in reply that it was not for petitioning they were questioned, but for the "miscarriages" which their petition contained, specified on the spot to the number of twelve, of which the principal were, calling the existing government an "ill-compacted vessel," ascribing the misfortunes of the colony to its bad government, intimating that many persons were discontented, charging the government with tyranny, and claiming a right of appeal to England. To these specifications the petitioners returned elaborate answers in writing, to which the court rejoined extempore, to the entire satisfaction of an assembled multitude of church members, whose exclusive right to political authority the petitioners had presumed to question.

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Thus beaten in argument, Child and his associates CHAPTER were fined from £10 to £50, $50 to $250 each, and were exhorted to be quiet, to study to mind their own 1646. business, and to recollect the sin of Korah in resisting Moses and Aaron. On promise of the remission of their fines "if they would ingenuously acknowledge their miscarriage," some of the petitioners, of whom Maverick was one, submitted; the others appealed to Parliament, and tendered their appeal in writing; but the court refused to accept, or even to hear it read. The majority was decisive in favor of this denial of appeal. Three, however, of the magistrates, Bellingham, Saltonstall, and Bradstreet, with two of the deputies, desired to be entered "contradicentes in all these proceedings."

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A similar effort in behalf of religious liberty had been made in Plymouth colony about the same time by Vassall and others. One of the magistrates had made a proposal for general toleration, and two others had supported him. "You would have admired," wrote Winslow to Winthrop, " to see how sweet this carrion relished in the palate of most of the deputies." But Governor Prince, sustained by a majority of the magistrates, refused to put it to the vote, "as being that, indeed, which would eat out the power of godliness."

While Child hastened to get ready to go to England in a ship about to sail, he and his friends bestirred themselves to get up a petition from the non-freemen, setting forth their grievances, and praying the parliamentary commissioners for relief. This was esteemed by the majority of the magistrates a new and still more serious offense; and, without admitting the three dissenting assistants to their council, lest some hint of their intention. might go abroad, an order was issued to arrest Child just as he was about to embark, and to search his trunk, and

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