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them, be invaded by any enemy whatsoever, upon notice and request of any three magistrates of that jurisdiction so invaded, the rest of the confederates, without any further notice or expostulation, shall forthwith send aid to confederates in danger, but in different proportions, viz. the Massachusetts, an hundred men, sufficiently armed and provided for such a service and journey; and each of the rest forty five men, so armed and provided, or any less number, if less be required, according to this proportion. But if such a confederate in danger may be supplied by their next confederate, not exceeding the number hereby agreed, they may crave help thence, and seek no further for the present; the charge to be borne, as in this article is expressed; but at their return to be victualled and supplied with powder and shot, (if there be need,) for their journey, by that jurisdiction, which employed or sent for them. But none of the jurisdictions to exceed those numbers, till by a meeting of the commissioners for this confederation, a greater aid appear necessary; and this proportion to continue, till upon knowledge of the numbers in each jurisdiction, which shall be brought to the next meeting, some other proportion be ordered; but in any such case of sending men for present aid, (whether before or after such order or alterations,) it is agreed, that at the meeting of the commissioners for this confederation, the cause of such war or invasion be duly considered. And if it appear that the fault lay in the party invaded, that then the jurisdiction or plantation make just satisfaction, both to the invaders, whom they have injured, and bear all the charge of the war themselves, without requiring any allowance from the rest of the confederates, towards the same. And further, that if any jurisdiction see danger of an invasion approaching, and there be time for a meeting, that in such case three magistrates of that jurisdiction may summon a meeting at such convenient place, as themselves think meet, to consider and provide against the threatened danger. Provided, when they are met, they may remove to what place they please; only when any of these four confede

rates have but three magistrates in their jurisdiction, a request or summons from any two of them shall be accounted of equal force, with the three mentioned in both the clauses of this article, till there be an increase of magistrates there.

6. It is also agreed and concluded, that for the managing of all affairs, proper to and concerning the whole confederation, two commissioners shall be chosen by and out of each of those jurisdictions, viz. two for the Massachusetts, and so for the other three, (all in church fellowship with us,) which shall bring full power from their several general courts respectively, to hear and examine, weigh and determine, all affairs of war or peace, leagues, aid, charges, numbers of men of war, division of spoils, or whatsoever is gotten by conquest, receiving of more confederates or plantations into combination with any of these confederates, and all things of like nature, which are the proper concomitants and consequents of such a confederation, for amity, offence and defence, (not intermeddling with the government of any of the jurisdictions, which by the 3d article is preserved entirely by them;) but if these eight commissioners, when they meet, shall not agree, yet it is concluded that any six of the eight agreeing, shall have power to determine and settle the business in question. But if six do not agree, that then such propositions, with their reasons, (so far as they have been debated,) be sent and referred to the four general courts, viz. the Massachusetts, Plymouth, Connecticut, and New Haven, and if at all the said general courts, the business so referred be concluded, then to be prosecuted by the confederates and all their members. It is further agreed, that these eight commissioners shall meet every year, (besides extraordinary meetings, according to the 5th article,) to consider, treat, and conclude of all affairs, belonging to this confederation; which meeting shall ever be the first Tuesday in September, and that the next meeting after the date of these presents, (which shall be accounted the second meeting,) shall be at Boston, in the Massachusetts; the third, at Hartford; the

fourth, at New Haven; the fifth, at Plymouth; the sixth, and seventh, at Boston; and then at Hartford, New Haven, and Plymouth, and so in course successively; if, in the mean time, some middle place be not found out, and agreed upon, which may be commodious for all the jurisdiction.

7. It is further agreed, that at each meeting of these eight commissioners, (whether ordinary or extraordinary,) they all, or any six of them, agreeing as before, may choose their president, out of themselves, whose office and work shall be, to take care and direct for order, and a comely carrying on of all proceedings in their present meeting. But he shall be invested with no such power or respect, as by which he shall hinder the propounding or progress of any business, or any way cast the scales otherwise, than in the preceding article is agreed.

8. It is also agreed, that the commissioners for this confederation hereafter, at their meetings, (whether ordinary or extraordinary,) as they may have commission or opportunity, do endeavour to frame and establish agreements and orders in general cases of a civil nature, wherein all the plantations are interested for preserving peace among themselves, and preventing, (as much as may be,) all occasions of war or differences with others; as about free and speedy passage of justice in each jurisdiction, to all the confederates equally as to their own; receiving those that remove from one plantation to another without due certificates; how all the jurisdictions may carry it towards the Indians, that they neither grow insolent, nor be injured without due satisfaction, lest war break in upon the confederates through miscarriages. It is also agreed, that if any servant run away from his master, into any of the confederate jurisdictions, that in such case, (upon certificate from one magistrate in the jurisdiction out of which the said servant fled, or upon other due proof,) the said servant shall be either delivered to his master, or any other that pursues, and brings such certificate and proof.

And that

upon the escape of any prisoner, or fugitive,

for any criminal cause, whether breaking prison or getting from the officer, or otherwise escaping; upon the certificate of two magistrates of the jurisdiction out of which the escape is made, that he was a prisoner or such an offender at the time of the escape, the magistrate, or some of them of that jurisdiction, where for the present the said prisoner or fugitive abideth, shall forthwith grant such a warrant as the case will bear, for the apprehending of any such person, and the delivery of him into the hand of the officer, or other person who pursueth him. And if there be help required, for the safe returning of any such offender, then it shall be granted unto him that craves the same, he paying the charges thereof.

9. And for that the justest wars may be of dangerous consequence, (especially to the smaller plantations in these United Colonies,) it is agreed, that neither the Massachusetts, Plymouth, Connecticut nor New Haven, nor any of the members of any of them, shall at any time hereafter begin, undertake or engage themselves, or this confederation, or any part thereof, in any war whatsoever, (sudden exigencies, with the necessary consequences thereof excepted, which are also to be moderated as much as the case will permit,) without the consent and agreement of the forenamed eight commissioners, or at least six of them, as in the sixth article is provided. And that no charge be required of any of the confederates, in case of a defensive war, till the said commissioners have met, and approved the justice of the war, and have agreed upon the sums of money to be levied; which sum is then to be paid by the several confederates, in proportion according to the fourth article.

10. That in extraordinary occasions, when meetings are summoned by three magistrates, of any jurisdiction, or two, as in the fifth article, if any of the commissioners come not, (due warning being given or sent,) it is agreed that four of the commissioners shall have power to direct a war which cannot be delayed, and to send for due proportions of inen, out of each jurisdiction, as well as six, might have done, if all had met; but not less than six

shall determine the justice of war, or allow the demands or bills of charges, or cause any levies to be made for the same.

11. It is further agreed, that if any of the confederates shall hereafter break any of these present articles, or be other way injurious to any of the other jurisdictions, such breach of agreement or injury shall be duly considered and ordered by the commissioners of the other jurisdictions, that both peace and this present confederation may be entirely preserved without violation.

12. Lastly, this perpetual confederation, and the several articles and agreements thereof being read, and seriously considered, both by the general court for the Massachusetts, and the commissioners for the other three; were subscribed presently by the commissioners, (all save those of Plymouth, who, for want of sufficient commission from their general court, deferred their subscription till the next meeting, and then they subscribed also,) and were to be allowed by the general courts of the sev eral jurisdictions, which accordingly was done, and certified at the next meeting, held at Boston, September 7, 1643.

Boston, May 29th, 1643.

CHAP. LIII.

Ships seized in the harbours of the Massachusetts, by pretended commissions of the Admiralty in England, in the year 1644.

ABOUT July, in the year 1644, one Capt. Stagg arriving at Boston, in a London ship of 24 pieces of ordnance, and finding there a ship of Bristol, of one hundred tons, laden with fish for Bilboa, he made no speech of any commission he had; but having put ashore a good part of his lading, (which was in wine, from Teneriffe,) suddenly weighed anchor, and with a sea turn gale, sailed from before Boston to Charlestown, and placed his ship between the town and the Bristol ship, and moored himself aboard her. Then he called the master of the Bris

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