Sect. 2. It is granted that the Governour was elected by the Countrey by the established constitution of the Colony he was to be elected annually at a day certain by the Delegates of the several divisions of the Colony and by vertue thereof was to continue therein but one year But as to this establishment it is to be considered wherefore when it was made it was in the juncture of time when the whole frame of our Nation was in confusion and out of order the legal authority rejected by a violent power who had assumed to themselves the supream power of our Nation and that at the first establishment was elective in semblance to which this was made Answer Sect. 2. He should grant as I said before that the representatives in whom was the Government were to be yearly elected and that they from amongst themselves were to name a Governour at a day certain who was no other but their president or speaker and so at the meetings stiled And this establishment was made in June 1660. when the King was happily restored to the dominion of his people And though indeed we then had no certainty of his return yet we knew how far the ever-famous D. of Albemarle had acted in order to it and that the Free-Parliament was actually sitting nor was this establishment made in semblance to any form of government set up here at home in the times of the late usurpation not any in that Colony except the authour of this conclusion if I guess right by the stile having the least esteem of those destructive innovations but rather in imitation of that constitution in Barbadoes which is ruled by a Governour commissioned from the Soveraign a Councel of his own chusing and an Assembly two out of every parish yearly elected by the people which whole body is called the Governour and General Assembly Now we wanting a Commission from the King were forced to content our selves for the present with an Assembly onely chosen by the people who for order sake as those in Barbadoes do made one of themselves the Speaker and the better to attract the peoples reverence gave him the title of Governour And because upon every emergency to convent this whole body was thought a trouble and inconveniency therefore they permitted the Governour to name six of these representatives one out of each division his own excepted to be his Councel and advise with him in the regulating the Colony according to the Laws of England and the By-laws of this General Assembly Now upon the whole matter the questions are whether the inhabitants of the Colony of Surinam being left without conduct might not agree amongst themselves on some form of rule to which they would submit till concluded by their Soveraign whether those that were put into authority by such compact were not bound thereby If it be answered negatively then Byam and the rest had never any rightfull authority if affirmatively then their authority expired in June 62. and in either case whatever was said or done against them at this time could neither be sedition nor opposition nay forasmuch as it appears that they made the first assault by imprisoning Jones and endeavouring the like to others whatever those persons so assaulted and prosecuted did act attempt or intend was onely to defend themselves from their unruly neighbours And so much doth our natural ligeance to our Soveraign of which neither time nor place can discharge us entitle us to the Royal Protection and the being English men to the priviledges of our Charter that I cannot think a company of us can in any part of the world be so left to our selves as that the greater number may impunely invade the rights of the less and destroy them in person honour liberty and estate Especially when we had agreed amongst our selves and sealed that agreement by proclaiming his Majesty and swearing allegiance to him to retain our King our allegeance and our laws Nor can it be rationally affirmed that our proclaiming the King altered our constitution unless we had unitely agreed that it should do so for we had in general terms before subjected our selves and constitution to the Soveraign power of our Nation and that after proclaiming of his Sacred Majesty was onely an acknowledging that such a particular person was our Sovereign which could not void our contract since one article of it was that nothing should void it but the Kings commands And that we did not think the Kings coming in or our proclaiming him and annulling of our government is evident from the Commissions which Byam by order of the General Assembly granted sometime after this whereof I have two whose stile is By vertue of a power unto us from the delegates subordinate to our Soveraign Lord Charles c. Nor do I finde though it should invalidate the Delegates decree how his Majesties restauration doth invest Byam or any other particular person with the Government Conclusion Sect. 3. As to the reasons why it was made they were thâ—se in that we were many of his Majesties liedge people who had embarqued our selves and fortunes in order to the planting and settling of this Colony as Governour over whom by the then supream power of England Colonel Richard Holdip was commissioned and sent his declining of which and thereby leaving the place destitute of any such authorized government and the supream power of England by reason of their many distractions and revolutions of Government taking no further cognizance of us we the inhabitants of this place being necessitated thereunto in order to the civil and peaceable Government and preservation of every one in his life and liberty and estate in this Colony as the records hereof do manifest made this establishment for our Government it to continue with submission to the Supream Authority of England Now thus and according to this establishment did the Governour that now is become Governour in possession of which his Majesty being mercifully restored to the regal and happy Government of our Nation his Declaration for the continuation of all Governours Magistrates and Officers to continue in their several powers and authorities till his Royal pleasure were further known and signified found him and hath and doth empower authorize and continue him therein till his further order So that now he stands no longer Governour by vertue of the establishment of the Colony but is authorized empowred and confirmed therein by his Majesties Declaration which is the supream authority of our Nation In submission to which this establishment as it ought so it was made The Governour thus authorized empowred and confirmed Governour by the Kings Declaration doth as a relative and necessary incident and consequent thereunto stand accountable to the King for the Government of this place and cannot without the forfeiture of his faith and allegiance to his sacred Majesty either render up or passively suffer his power as Governour to be taken from him especially we
having owned his Majesty as our supream Magistrate by our solemn proclaiming of him and recognized upon our publick records our Governour as his Governour virtually by his Majesties Declaration The Governour thus authorized empowred and confirmed by the Kings Declaration and his power and authority therein as Governour by virtue thereof recognized by us upon our own Records the disowning of him so to be and the declaring and endeavouring by an Overt act to set up and exect any other Governour in opposition to and contempt of the King his Crown and Dignity signified by his Royal Will and Pleasure requiring our subjection and obedience to his commands and Declaration is treason in such opposers and contrivers Answ … Sect. 3. At length out comes the true reason for this establishment but it is not remembred 1. That Byam plaid the seditions person when out of all publick emploiment and raised many disputes against the power left in possession of the Government by Holdip and therein continued by the peoples representatives as not sufficiently authorized instigating the people to an actual disobedience Nor 2. That though at that time I had the sword of that authority in my hand and the authority to back me yet I did not drive him into exile but made way for him to the Chair by perswading those that sate in it to descend and give the people leave to place in it whom they liked best Nor 3. That after all this notwithstanding the aâ—mes he had particularly against me in all his mâ—vings to sedition in emulation of my eminency and disdain of his own nullity I laid on many on that heap of votes which mounted him to his height therein consulting the Colonies not my own advance this person being of so restlesse an Ambition that if he ruled not all there was no ruling him But of this no more He thus coming to the possession of the Government labours every year to be perpetuated without an annual standing candidate and at last fearing to hazard himself longer on the unconstant multitude elated also with the conscience of his sufferings and service in the Royal cause saies I will continue and I will say the King hath so commanded and I will with force drive away all those that have hitherto and still shall impede me herein be their constant loyalty never so exemplar For what is all this talk of the Kings proclamation but Byams ipse dixit Nay what is it else but a meer fiction raised from a presumption that probably enough the King in this so great a change might so proclaim And these elaborate Arguments or more truly * Major Noel the scribler of this Conclusion a worshipper of O. Cromwel and triumpher in his motto over the martyred Charles with devictâ— hoste libertate donati Noellian Inganneations drawn from this supposal are but like those about the Golden tooth which proved at last a forgery But though to expend wit on an erroneous principle may consist with innocence yet to joyn with those whom onely forgetfulness hath left out of the list of traytours and rebels in bespotting a precise never-varied loyalty with the abominated aspersions of Treason and Rebellion pulling Ruine on whole families and all by a mistake should I exclude malice cannot but by justice be condemned as a criminal temerity I need not controvert the Law our Surinam Iudge so Magisterially concludes with but shall onely add these few assertions out of Iudge Ienkins fol. 195. c. To alter the established Lawes in any part by force is High Treason To usurp the Royal Power is High Treason To subvert the Fundamental lawes is High Treason A necessity of a mans own making doth not excuse him Presentment or tryal by Iury is the Birth right of the subject Magna charta the Petition of Right and other good laws of this land ordain that all mens tryals should be by the established laws and not otherwise they are the very words of the Petition of Right An Act of Parliament that a man should be judge in his own cause is a void Act. ib. fol. 139. The common law of this land is that every Freeman is subject to a tryal by Bill of Attainder in Parliament wherein the King and both Houses must necessarily concur for that tryal is an Act of Parliament to which all men are subject But otherwise no man shall be destroyed c. but by the lawfull judgement of his Peers or by the Common law of the land ib. fol. 93. The Governour and General Assembly as they call themselves of Surinam do here confess that in our tryal and punishment they have usurped a Power equal if not superior to that of the King and both houses of Parliament subverted the fundamental Laws end by force of an Army altered the established Lawes of England in the whole From my own reading I shall subjoine this to discharge men guilty of Treason and Felony is Treason and Felony Byam c. have accused us of both punished us for neither if we be guilty they are answerable for not bringing us to a tryal if we be innocent they are puilty of conspiracy nor can they avoid this Dilemma by objecting our Irons Fines and Banishment for all lawyers know these are not the punishments for treason nor felony nor had we the tryal due to either they did this way indeed revenge themselves on some for endeavouring to unfix them in their usurp't dominion and on me for labouring to disappoint them of their revenge which may possibly be termed an inconsiderate cannot rationally be censured a criminal attempt FINIS The Copy of a Letter which Byam sent to Barbados to my Uncle together with this his Declaration Superscribed For Captain Nathaniel Kingsland my respected friend SIR YOur affection to and interest in this Colony are sufficient obligations to render you an account of the late distempers in our Government and I am sorry to tell you that your Nephew Lieutenant Col. Robert Sanford hath not onely abetted but heaâ—ed the unruly authours of our sad disturbance I have enclosed presented you with an impartial relation of all passages most remarkable wherein I have not the least been swayed by prejudice or animosity What faâ—e thus hurried him to that excess of insolence I cannot well judge unless soaring too high with an â—ver weening gale of his natural and acquired parts which too early advanced him to publick offices of Eminency in the Colony he unadvisedly over-set for want of the ballast of experience and discretion had be learn's to obey before he commanded he would not have commanded before he obeyed which you finde was his errour what Apology he may present you for it I know not I am sure I have not painted it so foul as it really was Sir when you have perused the inclosed papers be pleased to recommend them to the view of Mr. John Kirton and Sergeant Major Authony Rous to whom I desire my respects and service may be presented then after a general accompt of the Colonies present condition he concludes your Nephew had of late a desire to give you a visit which I could not admit at present being the positive order for his departure was for London which was his desire nor would I reverse what the united authority had concluded on If I may serve you in these parts you may he assured of my readiness and fidelity I wish you happiness and rest Surinam the 13th of Decemb. 1661. Your very affectionate friend and servant William Byam This was writ and sent away by those other Proscripes while I remained behind in fetters but their vessel failing them I came to and from the Barbados before this arrived there and so never saw it till I received it sent from my Vncle here in London
thereof are left lands I have there but such as lie waste and without money to restock them must for ever lye so and though my enemies malice go not so far as to forfeit them their heavy impositions will devour them They have so weakened me such was their cruel policy that I can scarce call for Justice by the Grandeur of their oppression they have made the most probable purchase of their own impunity and their example will instruct those that shall hear after meditate wrong to doe it fully unlesse deterred by the impartial scrutiny your Lordships shall make into these actions and your laying or leaving the punishment where you finde the guilt which unfeignedly is the hearty prayer of My Lords Your Honours most humble Servant R. SANFORD TO THE READER â—F in this Narrative my phrase or stile be beneath the elegancy and purer Dialect of our Eastern English and that in any particular I express my self in an Idiom different from what use hath made common in these Parts I desire the Reader to be favourable in his censure For besides that in this I rather studied truth then words it is more than an excuse to say I was transplanted in my very child-hood into the West-Indies where I spent my whole puerility and adolescence all the time proper for Erudition and the polishings of my now-entered virility Near twenty years have I been absent from my native Europe the greater and better part of which I lost in places unrefined from their aboriginal Barbarisme R. SANFORD Surinam Justice Byams Declaration Sect. 1 THe Governour of Surinam hath been for these three years past annually Elected by Delegates chosen by the Freeholders thereof A Power which Necessity enforced them to assume during the Distractions of our Nation but alwaies with submission to the Supream Authority of England Vpon his Majesties happy Restauration advice being brought of his Royal Proclamation for the Continuance of all Governours Magistrates and other Officers till further Order it was in Obedience to the same unanimously Concluded and Ordered at a General Assembly as followeth By the Governour and General Assembly Since by his Majesties late Proclamation all Governours c. Of Colonys are Required to Continue and Execute their several Offices in His Majesties Name till further Order and since it is daily expected that Particular Orders will suddenly arrive from his Majesty to this Colony for the Government thereof so that the Meeting of the Inhabitants for the Electing of Representatives will be but a needlesse and unnecessary Charge and Trouble to the Inhabitants It is therefore Ordered that all Persons rest quiet and contented in Obedience to the Authority aforesaid and Performe all necessary Duties and Injunctions from them Proceeding till they are Concluded by such alterations as his Sacred Majesty shall think convenient to appoint amongst us Dated the eight day of May 1661. Answer Sect. 1. Those Delegates were Chosen by the People to Erect the whole frame of Government and they accordingly did as formerly so in the Beginning of this last year appoint the whole General Assembly and limited the time of their Rule precisely to an Anniversary day on which the Election of the whole Authority was to be by the People repeated and this Power was not onely to submit to the Supream Authority but to Govern Conformly to the Lawes of England Nor was that Necessity which during the Distractions of our Nation Enforced them to this course viz. No Commands from the Soveraign for a Government at all taken away by His Majesties happy Restauration the Proclamation they speak of being a meer Chimaera of Byam's own Brain invented to serve his Ambition of a Perpetual Dominion so often and by so many Arts formerly Endeavoured Take away then so much of the Preamble of This Order as concern's that Proclamation and we find onely those stale Inducements often heretofore used and as often hist't out viz. a sudden change and therefore unnecessary trouble to continue the former Rule for Elections But this Consideration neither concerns nor is of weight to Authorize a Substituted Power to alter those Constitutions which by their Superiour Power were Established for a less Potency then that which creates cannot annihilate Nor can it Logically be said that the Delegates by investing this General Assembly with a Legislative and Magistratical Power for a year did by those words passe such Power to them for ever so that though we should grant that within their year they could make such an Order it would not follow that after their year expired they could put it in Execution by exacting Obedience to it Declaration Sect. 2. The Date of this Order was above a Moneth before my Commission expired Here Democracy fell by the Loyal Concessions of our Government to the Royal Power of Monarchy which was communicated by the Gentlemen of the General Assembly to the Inhabitants of their Respective Divisions as occasion presented and all for about four Moneths Resigned their Submission unto it Answer Sect. 2 By Democracy here we must understand the Constitutions of the Peoples Delegates and by the Governments concessions to Monarchy the altering that constitution upon the suspition of a Royal Proclamation to that purpose issued forth for if they mean the General Submission of the Colony to the King as our supream Lord why should not this Democracy have fallen as well in Olivers and Richards time as it was attempted with the like Pretexts whose power Byam recognized with equal zeal as he did His Majesties No argument can evince but that That forme of Government appointed by the Delegates might very well still have Consisted with our subjection to the Soveraign Power of England Declaration Sect. 3. About the latter end of October following I committed Daniel Jones a Carpenter to the Marshal for contemning sleighting abusing the Authority of the Colony as also for his obstinate refusing to pay a fine imposed on him by the General Assembly for his former insufferable Insolence with command that he should be kept in Irons till further Order there being then no Prison of security in the Colony Mr. Michael Mashart interposed for his Release on Baile which I refusing caused Mr. Mashart that night being the 27 th of October in the height of his Cups not onely to deny but to stand in defiance of the Authority of the Colony Jones Escaping from the negligent Marshall flyes to Mashart they both quit their houses and betake themselves to the woods and to their armes whereupon I sent Sergeant Major George Usher to Mashart to require his appearance before me Mashart told him he would own no Governour nor any Authority in the Colony Answer Sect. 3. Though generalls prove nothing and as little credit be to be given to his criminations who is himself guilty of unjust prosecutions yet I shall not decline to Evince that Joues could not at the time mentioned slight contemne or abuse Authority For admit we had not a greater
truth for the Assertion yet according to that Rule of my Lord Cookes De non apparentibus non existentibus eademest ratio we may rationally affirm from its never being seen or published amongst us that there never was any such Proclamation from the King as they ground their Authority upon that foundation being removed they have none for their Government For the power which they derived from the Delegates was determined by their expresse limitation on the second wednesday in June so that the Dominion which they were possessed of in October following was taken by themselves and is consequently an Usurpation and whether that can be sufficiently slighted contemned or abused let them resolve who yet feel the calamities of our late times in England I never thought flying from Persecution had been ranged with resistance to Power atd wonder as much how Usher could find Masharts Recesses and return unoffended from his Armes a little proofe would have done well some Illustration at least to bring the tale together It should seem if they did betake themselves to armes it was se defendendo so natural as that the Law dares not punish it Nor was it Jones's insufferable Insolence but Byams and Martens implacable hatred that imposed that former fine as Illegally and Arbitralily as his latter fine and Banishment was decreed they might have remembred the Precedents I cited against that Judgement which they could then no otherwise answer than by straffords case attainted by Parliament Declaration Sect. 4. But before I proceed it will be requisite to advise that on the 13 th of February 1660. there was an Act made by the General Assembly for a Levy upon land of halfe a pound of Sugar per Acre to be paid at two several payments this Assessment was to discharge publick debts build a State-house and a Prison which was Gall to the Debauehers of the Colony and also for a Stock in the Treasury Mashart and Jones meeting with the Inhabitants of the Division where they lived were the first that clashed and stormed against it In so much that at that time nothing was done as required whereupon about a week after I summoned all the Inhabitants again but Mashart and Jones appeared not I then Declared unto them upon what Basis the Government stood and the necessity of this Levy which very much satisfied the people and that Mashart may be inexcuseable Capt. Thomas Griffith one of the Representatives of that Division did about the middle of July last informe the said Mashart at his house of the Order of the General Assembly in Obedience to His Majesties Proclamation concerning our present Government the same I advised Mashart the September following with which he then told me he was satisfied Answer Sect. 4. This Section should precede the former as the cause doth the effect for the demanding of this Levy when the Assessors power was legally expired was it indeed which raised the Dispute against the pretended Authority The people before onely muttered at the losse of their Priviledges but when they began to see an approaching losse of what with so much difficulty they laboured for they grew louder in their clamours and thinking themselves well fortified with arguments denyed the power which demanded this of them hoping to lighten their burthen by a new Election which hopes was Byams and his Partisans despair Nor must we think every Silence a Satisfiednesse Declaration Sect. 5. On the 28 th of October at the meeting of the Inhabitants of the Division of Toorarica Mr. William Sanford one of the Confederacy did also very Insolently spit in the face of Authority stirring up the people to sedition and was uncontrolled by his brother Lieutenant Coll. Robert Sanford then present a Magistrate and one of my Councel who afterwards appeared to head the Faction Answer Sect. 5. That Mr. William Sanford at the meeting of the Inhabitants of Toorárica about this Levy did deny payment thereof till he was satisfied by what power it was demanded openly denying the Governours Power I shall readily acknowledge but that he did thereby insolently spit in the face of Authority I must deny for the reasons afore-alledged That he was uncontrolled by me I understand not for the same that Byam saith himself did upon the like occasion in Masharts Division I did here and thereby silenced my brother Perhaps he counts him uncontrolled because uncommanded into Irons as Jones was which exasperated Mashart my brother and divers others But though I was one of Byams Councel I was not of his Closet and my Magistrates oath which he never took deterred me from such lawless severities Declaration Sect. 6. These two pretended Grievances which they seemed to boggle at the Levy and the Government in the latter of which they objected the peoples liberties were infringed were but Cloaks for a farther designe For about six or eight I mention the most male-contents of bad fortunes worse lives and no endeavours envying the prosperity of the industrious and observing their own declining condition occasionod through continued sloth and drunkenness were resolved if possible to unhinge the frame of Authority bring all things into a confused disorder and out of the troubles which their sottish distemper had fancied patch up their decaying fortunes The truth of this and what else I assert will most evidently appear out of the annexed Depositions Answer Sect. 6. When the world reads there were but six or eight so very bad as are here described and after hears that eight onely were banished they cannot but in charity conclude those eight to be the very worst and so amongst our other sufferings we must wander the world with all this filth upon us But till a contrary proofe appear this assertion may be full as current that above three fourths of these Proscripts brought better fortunes into that Colony by many degrees than Byam or the more numerous of his assessors their fines are some evidence of this Nor were they less industrious in improving those fortunes many of them also were seldome exempted from the most eminent employments And if drunkennesse be a crime meritorious in our enemies thoughts of so sharp and severe a punishment as we have undergone I wonder they were not themselves deterred or ashamed at the least so publickly to become examples of excess in that kinde that very night in which they had determined concerning us But I will excuse them as transported with Joy and confesse that Recriminations purge not the guilty And heartily I do wish that this fault could be lesse objected to any of us or to our Nation this I shall onely averre very few of us Exiles did ever any injury either to publick or private Interests by Ebriety a Negation to a bare Affirmative is enough and the likelihood of the other plots objected in this Paragraph we will examine in our answer to the next and to the Depositions annexed to which they referre us Declaration Sect. 7. During part of
the question still is whether the power constituted can alter the Decree of the Power constituting in that very point wherein themselves were restrained since it is an Aphorisme in law and reason that unumquodque dissolvitur eodem modo quo colligatum est We will confesse that by the implyed sanction of those Delegates the Soveraign of our nation could rescind their dictates but our enemies also confess in accusing us of it that we constantly denyed the issuing forth of any such soveraign command nor can they charge us with any proof of their contrary affirmation for I will not be so uncharitable to this Gentleman Deponent as to think he swears This order was by vertue of the Kings Proclamation but that he onely swears he told Mr. Mashart it was so and whether Mr. Mashart was bound to believe him and did suffer justly for his incredulity I leave to their determination who know there was never any such Proclamation from His Majesty Deposition The Deposition of Mr. Francis Sanford aged thirty one years or thereabouts taken before me this 28 th of Novemb. 1661. 2. Saith That being at Patham hill in company with Mr. Michael Mashart the Deponent heard him say that he did not own the Governour as Governour nor any thing the General Assembly did for he owned no Power in the Colony as yet And further saith not Sworne before me Will. Byam Answer 2. The Reader hath heard that Byam and that same General Assembly now ruling with him were appointed by Delegates impowred by the People to erect a frame of Government that they were limited to rule but one year that they continued themselves by no greater real power then their own Whether Mashart therefore were criminal in saying as he did or whether this Governour and General Assembly who trembled at the thought of being turned out were likely to be equal judges of this dispute or the person that made them I leave to the less partial reader Deposition The Deposition of Sergeant Major George Usher aged fifty two years or thereabouts taken before me this 29 th of Novemb. 1661. Saith That being sent from the Governour to M. Mashart to require him in his Majesties name to appear before him to whom the said Mashart replyed that he knew no Governour nor would obey any till a new Election neither Councel nor Assembly And further saith not Sworne before me W. B. Answer 3. This is so like the former that the same answer may serve to it onely the Deponent might have added that Mr. Mashart said he owned His Majesty but knew no Governour c. Deposition The Deposition of Edward Dod aged thirty nine years or thereabouts taken before me this 29 th of Novemb. 1661. 4. Saith That meeting Mr Daniel Jones upon the river by Mr. Knightlys house giving him the time of the day and asking him how he did he replyed the worse for such rogues as thou art and then threatning him said I will draw up with such rogues as thou art one after another and further saith not Sworne by me W. B. Answer 4. When it was that this Deponent met with Jones and received this churlish return to his civil salute is not inserted But this Dod was a former adversary to Jones in the businesse for which that unjust and malicious fine of five thousand pounds of sugar before hinted at Sect. 3. was imposed now probably Jones met this Antagonist soon after while yet his choler boiled with the agitations of his soul on that sharp injury and was the more irritated in receiving a fawning treatment from a malicious prosecutour And since amongst us in that Colony this phrase of drawing up had its most common use and that we there understood it in a great variety of senses good and bad I suppose Jones ought to have been permitted himself to define in what manner he would draw up with Dod perhaps he designed by benefits to draw on his repentance Deposition The deposition of Obadiah Gardiner aged twenty two years or thereabouts taken before me this 28. of November 1661. 5. Saith That on the 25. of this moneth being at Mr. Masharts house he met with Daniel Jones with his naked rapier in his hand and he asked the Deponent whether he knew that Mr. Michael Mashart had any hand in taking the Shallop to whom this Deponent replyed I cannot tell for I saw him at Collonel Ely's to which Jones made answer if that he did know that Mr. Mashart were aboard the Shallop he would go to him and maintain him in it And further saith not Sworn before me W. B. Answer 5. To them that know not our Surinam dress it may seem odd for a man to travel with his naked rapier but let the Reader understand that the going without a sword was not more common for those that had been there many years constant use had worn out their scabbards and there were neither shops nor Artists to renew them wherefore it was very usual to stick somewhat upon the point of their rapier to prevent a casual injury to themselves or their associates and so to wear them either in their hands or by their sides By the questions Jones made with this Deponent it should seem he was ignorant whether Mr. Mashart had any thing to do with seizing the Shallop and consequently it could not be a design of long contrivance nor intend ought against the Colony for them me-thinks Jones who was discovered one of the first in plotting that countreys ruine should not now in the execution of it have been omitted But how shall we understand these unadvised speeches of Jones a single man armed onely with a rapier they are laid to be uttered the 25. of November when Usher had already recovered the Shallop and Byam with his guard of Janisaries taken her seizers as Sect. 12 13. The worst that can be thought of it is that as in the former deposition we finde Jones revengefull of an injury so here he is the like of a benefit Mashart had endangered himself in his behalf and now he would sacrifice himself to evidence his gratitude for other he could not hope in thrusting himself into the crouds of his armed enemies I have a little inverted the order which Byam rangeth these depositions in because these two being lodged in one censure together I would joyn their charge that the Reader might the better take the parallel between their fact and punishment Here then is their whole impeachment both matter and form onely that we shall by and by finde Mr. Mashart in the number of them that took the Shallop and for this they received as Byam stiles it this moderate sentence By the Governour and General Assembly It is ordered by the Authority aforesaid that Mr. Michael Mashart and Mr. Daniel Jones pay unto the publick five thousand pounds of sugar and be secured in irons under a strong guard and be sent off in the first ship that shall sail hence for
England or Barbadoes and not return for five years after the date hereof without his Majesties special order it being made sufficiently evident that the said Mashart and Jones have been and are most seditious rebellious obstinate and dangerous persons to the Authority of this Colony Dated 30. Novemb. 61. William Byam And whatever sense may at first sight seem in those words relating to the fine yet the Judges interpreted it to be five thousand pounds of sugar apiece and accordingly exacted from their estates Deposition The deposition of Henry Batson aged twenty four years or thereabouts taken before me this 28. of November 1661. 6. Saith That he heard Captain Thomas Crook say that within six moneths he would break this Colony or else he would break his own neck and further said That here were two men that would conduct them one in the front and the other in the rear to keep them forward And further saith not Sworn before me W. B. The deposition of Mr. Thomas Lewis senior aged fifty years or thereabouts taken before me this 28. of November 1661. 7. Saith that he heard Captain Crook say at Paramórabo on the 13. of November 1661. that he would break the neck of the Colony in six moneths or else break his own neck that if he were clapt up in prison he would have his way out the first ship that should come in and further saith not Sworn before me W. B. Answer 6.7 The most material words in these depositions are those which menace the Colony they are laid to be spoken the 13. of November which was the time of my return from the Indian expedition by the subsequent words in Lewis's oath about finding his way out of prison is proved that these discourses were occasioned from those threats we receiveá at our return on which Crook might possibly say if these doings break not the Colony I will break my neck or to that effect which the swearers or takers have wrested to a worse sense But admit he said onely as they swear and meant what he said Sir Orlando Bridgeman in his excellent charge at the Old Baily declareth that in case of that prodigious treason of killing the King the Statute punisheth the bare imagination but in all other cases saith he our rule is non officit conâ—…us nisi sequetur effectus And Wingate discoursing upon this maxime cites my Lord Coke lib. 11. fol. 93. Bagges case for this Law Offices of trust shall not be forfeited nor priviledges in a Commonwealth lost by bare endeavours and intentions of doing acts contrary to that trust and in prejudice to that Commonwealth no though those intents be published by evil threatning words unless they be put in execution by some over-act As to his endeavour of finding the way out of prison if he were put in I think it is too natural to be condemned And I remember to have read that if a Sheriff by warrant of law onely not of record arrest one for felony who is not guilty he may rescue himself The words in Batsons oath of two men to conduct c. are too general to prove any certain guilt why might they not be spoken upon occasion of the present expedition we were just then returned from Batson wondring that when the rumours were so loud of the Indians malice and power we would yet venture so farre into their quarters and bring away so eminent an Indian prisoner through all their towns being a party of but twenty men Crook in a slighting the Indians force and exalting ours might say there were two men c. And indeed these words seem but part of a discourse which must have somewhat precedent or subsequent to illustrate it and I may well suspect that though they would insert nothing that might render the speaker innocent yet they would not omit any thing that might make him guilty Deposition The Deposition of M. Tho. Stantor aged thirty two years or thereabouts taken before me this 28 th of Novemb. 1661 8. Saith That being at the Town when Lieutenant Col. Sanford returned out of Camawyny he heard Mr. Peter Fabian say that they heard the Governour had caused Irons to be made for many of them against they came home and some others which were in the Countrey whom if they had found in prison when they came home they would fire the prison and let them out and saying something about breaking the country Captain Crook made answer that is done already and I know who must enjoy it And further saith not Sworne c. W. B. Answer 8. This testimony clears that truth that at our returne many were menaced with irons c. and thereby exasperated and urged to such passionated discourses as are here charged to them Nor can I think if any other consideration then the Governours want of Authority and his usurping on the peoples priviledges had provoked them to these ranting expressions that the speakers would have had so little moderation as thus publickly to discover their immature designe before those whom they knew the Governours spies and at the same time put themselves out of their armes and better posture of offence or defence so farre am I from understanding these words as a least circumstance of any dark conspiracy against the Colony And as to the last point of the impeachment his saying something about breaking the countrey since the Deponent tells not what that something was and since we may reasonably enough conclude that had it been any thing ill it would have been Recorded we may from Crookes answer affirm that Fabian declaimed against these doings as tending to the Colonies breach for it is known the Colony was not already broke but in these Gentlemens contemplations on the issue of these commotions and hence also may the sense and maner in which Crooke denounced this breach be illustrated Deposition The Deposition of David Bucket aged forty seaven years c. 9 The Deponent maketh oath that at the house of James Atkins and Thomas Stantor one night some weeks past he heard Ensigne William Sanford say that his warrant was as good as the Governours upon which the Deponent made answer how must we live If a Commission come from England from the King you must be all hanged to which Ensigne Sanford said we will put that to a venture and being further indiscourse he said the Governours two brass guns should not save him Mr. Stephen Neal told Ensigne Sanford that he might question his Brother by what power he sate on the Bench to which he made answer you are a fool if you do not The Deponent demanded of Ensigne Sanford how we should be governed or by what Law to which the said Sanford said that the Governour would call us and try us by a Council of War for our lives and estates and he would be hanged if there were any other and further the Deponent remembreth not Sworne before me the 26 th of Novemb. 1661. W. B.