they should make a true invoice of all goods, and not break bulk, but bring the ship to the Admiral and two or three of the officers, and that they should not rob or spoil any of the friends of the Parliament, and so concludes thus: Stagg Capitaneus obligavit se, &c., in bis mille libris, &c. In cujus rei testimonium, Sigillum Admiralt. presentib. apponi fieri, &c. Dat. March 1644.

Upon sight of this Commission, the Deputy appointed Captain Stagg to bring or send it to Salem, where was an assembly both of magistrates and ministers, to consider of some matters then under debate. The tumult being pacified, he took bond of the principal actor, with sureties to appear at the said meeting, and to keep the peace in the mean time. The Captain brought his Commission to Salem, and there it was read and considered of. The seizure of the ship was by divers gentlemen diversely apprehended; some were strongly conceited it was a violating the country's liberties, and that a Commission out of the Admiralty could not supersede a Patent under the broad seal. Those that were of that mind judged that the Captain should be forced to restore the ship; others were of different minds, and judged that this act could be no precedent to bar us from opposing any Commission or foreign power, that might indeed tend to our hurt, &c. But not to dispute the power of the Parliament here, it was in the issue determined not to intermeddle with the case, lest by interposing in a strife, that was not within their reach, they should but take a dog by the ears. But because some merchants in the country had put goods aboard the Bristol ship, before the seizure, wherein they claimed propriety, they desired to try their right by action, to which the Captain consented to appear; so a Court was called on purpose, where the merchants intended to do their utmost to save their principals in England from damage, by a trial at law, procured an attainder1 against the Captain; but they were dissuaded from that course, and the Deputy sent for Captain Stagg and acquainted him therewith, and took his word for his appearance at the Court. When the time came that the Court was to sit, the merchants were persuaded

Attachment, says Winthrop.-H.

not to put it to a jury, which could find no more but the matter of fact, viz. whose the goods were, whether the merchants' in England, or those that shipped them, in regard as yet no consignment of them had been made, nor bills of lading taken; and this the magistrates could as well determine upon proof, and certify accordingly; for they were not willing to use any force against the Parliament's authority; and accordingly, they certified the Admiral of the true state of the case, as they found it upon examination and oath of the factors, and so left it to be decided elsewhere. The merchants of Bristol wrote afterward to the General Court about it, who made an address to the Parliament, but the success seemed not to answer the charge.

One Captain Richardson, pretending to have such a Commission as was Captain Stagg's, would have taken a Dartmouth ship, September 16,' following; but he was prevented by the interposition of the government, who seized her at the request of some of the inhabitants, in way of recompense for loss they had sustained of the like nature in Wales. But when Captain Richardson produced his Commission, it proved to be neither under the Great Seal, nor grounded upon any ordinance of Parliament, so as he could not, by virtue thereof, take any ship, exempt from the Admiral's jurisdiction; and therefore, as he was advised, he forbore to meddle with any of the ships in the harbor.

Captain Richardson proceeded very rashly in his enterprize, and if a special Providence had not hindered one of his men, as he was running down hastily to fire at the battery of Boston, from which one had fired a warning piece, that cut a rope in the ship, much mischief might have been done. The Captain was the next day sensible of his error, and acknowledged the goodness of God, that had prevented him from doing and receiving much hurt by that unadvised attempt.

1 Should be 19th. Sav. Win. ii. 194.-н.

15*

CHAP. LIV.1

the

Transactions between the Massachusetts and some Governors of the French Plantations in Acady, from the year 1641 to 1646.

NOVEMBER the 8th, 1641, one Mr. Rochet, a Protestant of Rochelle, arrived at Boston, with a message from Monsieur La Tour, planted upon St. John's River, in the Bay of Fundy, to the westward of Cape Sable. He brought no letters with him, but only from Mr. Shurt of Pemaquid, where he left his men and boat. He propounded three things to the Governor and Council of the Massachusetts. 1. Liberty of free commerce, which was granted. 2. Assistance against Monsieur D'Aulney, of Penobscot, with whom he had war. 3. That he might make return of goods out of England by their merchants. In the two last they excused any treaty with him, as having no letters, or commission from La Tour; however he was courteously entertained there, and after a few days departed. But on the 6th of October following, there came a shallop from the said La Tour, with fourteen men, one whereof was his Lieutenant. They brought letters to the Governor, full of French compliments, with desire of assistance against Monsieur D'Aulney. They stayed about a week, (in which time they had liberty to take notice of the state of the Massachusetts, with the order of which the Lieutenant professed to be much affected,) and then returned without any promise of what was principally desired; yet having now a second time propounded liberty of commerce with them, some of the merchants of Boston sent a pinnace soon after, to trade with La Tour in St. John's River. He welcomed them very kindly, giving them good encouragement for commerce, and withal wrote letters to their Governor, very gratulatory for his Lieutenant's entertainment, &c., and a relation of the state of the controversy betwixt him and D'Aulney. But in their return they met with D'Aulney at Pemaquid, who wrote also to their Governor, and sent him a printed

1 LIII. in the MS.-H.

2 Nov. 7, 1642. Sav. Win ii. 91.-H.

copy of the arrest against La Tour, and threatened them, that if any of their vessels came to La Tour, he would make prize of them. The next summer, June 12, 1643, Monsieur La Tour himself came to Boston, in a ship of one hundred and forty ton, with one hundred and forty persons that lately came from Rochelle, whereof the master and his company were Protestants. There came along with them two` friars, (one of whom was well learned, and a ready disputant, and very fluent in the Latin tongue,) and two women, sent to wait upon La Tour's lady. They came in with a fair wind, without any notice taken of them; for meeting a Boston boat at sea, they took a pilot out of her, and left one of their own men in his place. As they passed into the harbor, one of La Tour's gentlemen espied Captain Gibbons's wife and her family passing by water to her farm, and giving notice to the Monsieur, that they had been courteously entertained at their house in Boston, he presently manned out a boat to go and speak with her. She seeing such a company of strangers making towards her, hasted to get from them, and landed at an island near by, called the Governor's Garden. La Tour landed presently after her, and there found the Governor1 himself, with his family, whom, after salutation, he presently made acquainted with the cause of his coming, viz. that this ship being sent him out of France, D'Aulney, his old enemy, had so blocked up the river, to his fort, with two ships and a galliot, that his ship could not get in, whereupon he stole by in the night with his shallop, and was come to crave aid to convey him into his fort. The Governor answered him, that he could say nothing to it till he had conferred with some other of the magistrates; so after supper, he went with him to Boston. In the mean time, notice being given hereof by boats that passed by, the town was up in arms, and sent three shallops with armed men to guard the Governor home, and not without cause; for if it had been an enemy, he might not only have surprized the person of the Governor, with his family, but seized also the guns, [at] the castle, and either possessed themselves of the

his

1 Winthrop.-H.

fortification, or carried all away, there being not a man at that time to defend the place. This supposed danger put them upon another course, for better security of the place soon after. But, to let that pass, the Governor having the next day called together such of the magistrates and deputies as were at hand, La Tour [being present, and the Captain of his ship, &c., he'] shewed them his Commission, and propounded to them his request, with the cause of his coming. His Commission was fairly engrossed in parchment, under the hand and seal of the Vice Admiral of France, and Grand Prior, &c., to bring supply to La Tour, whom he styled his Majesty's LieutenantGeneral of Acady. He showed also a letter from the agent of the Company in France, to whom he hath reference, informing him of the injurious practices of D'Aulney against him, and advising him to look to himself, &c., and subscribed to him as Lieutenant-General, &c. Upon this it appeared, (being dated in April, 1643,) that notwithstanding the arrest which D'Aulney had sent to the Governor the last year, whereby La Tour was proclaimed a rebel, &c., yet he stood in good terms with the State of France, and also with the Company, &c. Whereupon, (though he could not grant him aid without the advice of the other Commissioners of the United Colonies,) yet they thought it neither fit nor just to hinder any that would be willing to be hired to aid him; and accordingly they answered him, that they would allow him a free mercate, that he might hire any ships that lay in their harbor, &c., which he took very thankfully, and rested well satisfied in. He had also leave granted him to land his men to refresh themselves, and, upon his request, liberty was granted to exercise his soldiers, on a training day, at Boston, when the Company of the town were in like manner employed in their military exercises, wherein they behaved themselves civilly, and shewed their activity in feats of arms, which was unto mutual satisfaction, although some persons, unaccustomed to such affairs, were not well pleased therewith, and did foretell that which never came to pass. Many being dissatisfied with

'Supplied from Sav. Win. ii. 108.—н.

There is much confusion here; this "his" evidently refers to the Captain of La Tour's ship.— H.