federates 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 these|| [four1] 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, [and'] 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 [once'] 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 Tuesday2 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 those 1 Supplied from Hazard and Winthrop.-H. A mistake; it should be Thursday. See Sav. Win. ii. 104; Hazard, ii. 4.—H. 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 jurisdictions. 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 endeavor 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 [the'] 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 [such'] miscarriages. It is also agreed, that if any servant run away from his master into any [other'] 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 [whatsoever'] or fugitive 1 Supplied from Hazard, ii. 5.-H. 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 men 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 [the'] 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 [any2] other way injurious to any [one'] 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 several jurisdictions, which accordingly was done, and certified at the next meeting, held at Boston, Sept. 7, 1643. Boston, May 29th,3 1643. CHAP. LIII.^ Ships seized in the harbors of the Massachusetts, by pretended Commissions of the Admiralty in England, in the year 1644. of ABOUT July, in the year 1644, one Captain Stagg arriving at Boston, in a London ship of twenty-four pieces of ordnance, and finding there a ship of Bristol, of one hundred ton, laden with fish for Bilboa, he made no speech 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 himsel aboard her. Then he called the master of the Bris 1 Supplied from Hazard and Winthrop.- -H. Supplied from Hazard.-н. It should be May 19th. See Sav. Win. ii. 106.—H. LII in the MS.- Should probably be abreast.-H. tol ship, and shewed him his Commission, and told him if he would yield, himself and all his men should have what belonged to them, and all their wages to that day, and then, turning up the half-hour glass, set him in his own ship again, requiring his answer by that time the glass was out. The master coming aboard acquainted his men therewith, demanding their resolution. Two or three of his men would have fought, and blown up their ship, rather than yielded; but the greatest part prevailed, so she was quietly taken, and all the men (save three) sent to Boston, where order was taken by ||the|| Captain for their diet. In this half hour's time much people were gathered together on the shore to see the issue; and some who had interest in the prize, especially a Bristol merchant, (counted a very bold malignant, as then they were termed,) began to gather company and raise a tumult. some of the people laid hold of them and brought them to the Deputy Governor, who committed the merchant with some others, that were strangers, to a chamber in an ordinary, with a guard upon them, and others, who were town dwellers, he committed to prison, and sent the constable to require the people to depart to their houses; and then, hearing the ship was taken, wrote to the Captain to know by what authority he had done it in their harbor, who forthwith repaired to him with his Commission, which was to this effect: But Rob. Comes Warwici, &c., Magnus Admirallus Angliæ, &c., civibus cujuscunq. status, honoris, &c., salutem.2 Sciatis quod in Registro Cur. Admiralt.,—and so recites the ordinance of Parliament, in English, to this effect; That it should be lawful for all men, &c., to set forth ships and take all vessels, in or outward bound, to or from Bristol, Barnstable, Dartmouth, &c., in hostility against the King and Parliament, and to visit all ships in any port or creek, &c., by force, if they should refuse, &c., and they were to have the whole prize to themselves, paying the tenth to the Admiral, Provided, before they went forth, they should give security to the Admiral to observe their Commission, and that 10 pounds || their "On Windmill Hill," says Winthrop.-H. • Saltem in the MS.-H. |