A website from the Massachusetts Historical Society; founded 1791.

Papers of the Winthrop Family, Volume 4

John Winthrop to Richard Saltonstall and Others1
JW Saltonstall, Richard Bradstreet, Simon Symonds, Samuel Ward, Nathaniel Rogers, Ezekiel Rogers, Nathaniel Norton, John

1643-07-21

Gentlemen and beloved brethren,

It is not vnknowne to you, that (through the Lords gratious Assistance) I haue thankfully imbraced, and submitted unto the wise and loueing advise and admonitions of any of my brethren: and truly it is still my desire so to doe: And this (I hope) may well stand (vpon this present occasion) with the maintenance of what is good and Righteous in our Cause, about this French busines, and with that faithfulnes that is againe required of me towards yow all whom I loue, honour, and Reverence in the Lord. And though I haue lately written to yow about this matter, yet that which I haue since Receiued from yow,2 calls vppon me for 403some Addition and Answere also: which I do not with any purpose to contend, but in dischardge of my Conscience and duty of my place, and let the Lord do what seemes good in his eyes.

The protestation which was directed to my selfe first, but came to me through many hands (and so it seemes it was intended by yow, being sent vnsealed) was intertained of me, as proceeding from your zealous care of the publick safety: but considered in it selfe, it is an Act of an exorbitant nature, out of rule, out of season and of dangerous Consequence: Such protestations are publique and Judiciall Acts, and therefore must be warranted by some authority which appears not in this. I knowe no Law, Order, Custome, or etc: that can giue power to 3 Assistants by any such publick Instrument, to contradict the proceedings of a greater number, the Governour also being one of them; and how it will consist with the Obligation of a freeman is also considerable: Suppose now 3 other assistants and so many Elders should protest against your Protestation, it would be of equall force and as warrantable for ought I knowe. Againe it comes not like Solomons apples of Gould in plates of silver: it is Consilium post factum: whereas if you had sent it in season it might perchance haue stopped those proceedings which yow so much complaine against: whereas at present (yow know and all may see) yow do but beate the Ayre, and striue for that, which (yow are sure) yow cannot reach. It is also of dangerous consequence in these respects. 1. It may be a president for others to attempt the like in any Case: for yow take upon yow, the sole Judgment of your owne Act and if others may haue the like Liberty, they may countenance their Opposition to Authority, as well in evill Causes as in good. 2: It blowes a trumpet to division and dissention amongst ourselvs, magistrats protesting against magistrats, Elders against Elders, blameing, condemning, exposeing brethren to the peoples Curses, and casting them downe to hell it selfe: and all this must be indured, while we walk after the light God affords vs from his owne word, and the presidentiall Acts of former times, and of our owne Generall Court (as wilbe expressed hereafter) whereas the way of God and of order, and of peace, had beene to haue referred your grievance to the generall court: and not by such an vnwarranted Protestation, and Outcry against your brethren to incite the people against them: whereof if any evill effect should followe, your Protestation of Innocencie would afford yow little comfort or defence. 3. this is the ready way to hasten vpon vs the evill so much feared: for if D'aulnay vnderstand our divisions to be such, as he is like to haue a party amongst our selvs (as yow declare your Intelligence to be) this may imboulden him to attempt that against vs, which otherwise he dared not have done. It is 404also against the Rule of justice, your owne plea on D'aulnays behalfe: for yow passe sentence and publish it without calling us to Answer: It may be one or 2 of you haue accidentally heard vs speake somewhat about it: but did yow ever enquire of vs, if we had any more to say for our selvs, why Judgment etc. For yow will find we haue more to say for our selvs than yow formerly heard: and it is a necessary Consequence, If yow had power to be our Judges, yow had the same to require our Answer. I intreate yow to call to mind that beaten rule of equity, Qui aliquid statuit parte inauditâ alterâ, etc: We are condemned in Court in Country, by private letters and by publik edict, and never asked why haue yow done this? and all this so carryed on, and vnseasonably dispensed as no man can tell (nor do your selves propound) what yow would haue or how it may tend to any publick good or prevention of that great danger which yow suppose to hang over vs: except it may be conceaued that, either D'aulnay will be pacifyed with a protestation; or the people stirred vp to sacrifice some of vs to make their owne peace: yow say, indeed yow will hereby be innocent of all the evill that may insue etc: Amen say I; but surely wisemen will not believe that such a Protestation will acquit you either before God or men: no more then if one of the magistrates sitting silent in the Court while a man is condemned, and after he is executed shall tender a Protestation of his dissent from the Sentence. And truly (brethren) you might haue dealt a little more tenderly with us, for such faileings as yow had apprehended in our Counsells being the fruite but of a few houres Consultation, seeing your selves, (vppon so many weekes deliberation) could not free your owne Acts from such miscarriage as yow see your Protestation, out of date, and out of Course, doth hould forth.

This I thought needfull to tender to your wise and christian consideration, concerning your Protestation in generall: Somewhat I must say to your Arguments, besids what may concerne them in my former writeinges. But first yow may please to consider, that it cannot be denyed, but that the Governour assisted with some other of the magistrates may take Order for such sudden Affaires of the State as either need not, or may not stay the Assembling of the general court; of which sort, we conceiued this was (the reasons you may see in my former writeing) and when in such Cases, we haue proceeded according to our best skill and Judgment, we are to be excused, and so it was wont to be: And the Generall Court seemes lately to have inlarged this trust, when by the Order of (4) 1641 it giues power out of Court to any 3 magistrates to doe that which may occasion a warre with the Indians as likely as this with the French: For they may giue Commission to any master to right him selfe vppon the Indians, for his fugitiue servant. By like Authority it was 405that some of vs disarmed the Indians, and imprisoned some of them vpon the late suspicion: and although it was conceiued to be full of danger, and proved troublesome and chargable, yet wee were not reproved for it: Other Instances might be brought, but in those times indeed, when such Protestations were not in vse. Now in this case of the French, wherein the onely doubt was (not whether wee should ingage our selves in a warre with La Toure against D'aulney, or not, for, we know that neither the magistrates, nor the Generall Court it selfe could determine that, but) whether it were safer, and more just and Honourable for vs to stop the Course of Gods Providence, offring vs opportunity to saue a distressed neighbour, to weaken a dangerous enemy without our chardge or engagement, or to suffer it to go on freely in its owne course: Of these 2 we Judged the last to be best, etc: and of this opinion some of vs shall still be vntill we see stronger Arguments against it then as yet we have met with.

Now for your Arguments: (whereof some concerne the Proceedings, others the Consequences) I will passe by that of Jehosaphat as no parallel to our Case; and see if I can free vs from that of Prov. 26. And heere it may be first observed, that he speaks of one that passeth by: viz: that had no calling or invitation to deale in it. But 2, I will shew that this strife betweene La Tore and D'aulnay doth neerely concerne vs: and first in point of duty, in that our distressed neighbour calls to vs for help: a speciall Providence of God and his owne good opinion of our Charitablenes, brought him to vs, for some end, and no other appearing to vs, it was our duty to attend this: nor were we in this case to stand vpon the Justice of the quarrell betweene them, no more than Abraham did when Lot and the Sodomites were in present distresse: nor then any man would doe, if he sawe his neighbour vnder foote and in danger to be killed, he would first rescue him from danger ere he inquire of the Cause. And how we might withhould such helpe from La Tore which that providence which brought him hither, might here offer him in his apparant distresse and danger of vtter ruine, I professe I see no warrant.

For cleareing of this point I desire yow seriously to consider an argument or 2. 1. he is either a neighbour or no neighbour. If he be not a neighbour, then is he in no relation to vs by the 2d table: and then we may Rob, beate, or kill him without breach of any Commandment. But if he be a neighbour then must we do to him in his distresse, as we would haue others do to vs in ours. 2dly. If he be one of those All, to whom by the Rule of the Apostle we must doe good (as he must needs be, if he be either of the houshould of faith, or out of it) then that is the good we must do to him, which he hath most present need of: and that we may not withhould from him, when it is in our 406hands to giue it him, Prov. 3. 27. I pray yow consider the place. 3dly If my neighbours or mine enemies oxe be in that state as he cannot get to his place without my helpe, I must help him to his place Exod. 23. 4 much rather my neibour himselfe, and therefore La Tour and his Company being now before vs in that Condition, we ought to helpe him home. These are plaine and generall Rules and will not beare Distinctions of Protestant and Papist. For the Morall Law being giuen to man by Nature was giuen to him as man, not as man so and so qualifyed: and therefore when it requires duty from him, it requires it as from a man simply: and when it propounds man as an object of this duty, it propounds him also simply considered without distinction of good or bad, christian or Heathen, etc: and our Saviour inforceth this by propounding the example of our heavenly Father, who causeth the Sun to shine upon the Just and vnjust, etc: and commands vs to followe his example. And the Gospell makes this difference onely, that in question of priority, or necessity of neglect of one, the faithfull must be preferred. Therefore let vs see something of like Authority to dispense with these Rules, or else we must conclude, that this (so farr as we deale in it) is a thing that concernes vs. 2ly. As it concerns vs in point of duty, so doth it also in point of Danger. I haue shewed in my former writeing, how D'aulnay hath dealt with vs and our neighbours, when he was weake, what Principles he is Acted by, and what pretences he hath against vs: and all Histories teach vs that the Ambition and Covetousnes of Conquerours and spoylers, hath alwayes increased with theire power: And shall we not beleeve that D'aulnay onely wilbe more calmed and moderated by accesse of 200 souldiers, and 4 or 5000li yearely Revenew? Let the Latin Proverb be attended as well as the Germaine, and that will tell vs that res nostra agitur, paries cum proximus ardet. I may strengthen this Concernment by a late Germaine History. When the Bishop of Spiers had begun to raise a strong fortification vppon his owne Territories, the late Palatine of Rhine demolished it by force of Armes in a time of peace, because it might be dangerous to him if warre should arise. And the Lacedemonians being in League with the Athenians (theire owne City being vnwalled) would not suffer the Athenians to wall theires, because it concerned them in point of advantage. And it hath beene vsuall for the States of Europe to interpose in quarrells of theire neighbour States, when they haue concerned them but in point of danger onely. Now for your discourse about our distinction betweene Commanding and not forbidding, let the distinction be rightly stated as it concerns our practise, and not as yow would put vpon us, and we hope it will hould so well, as neither the Advisors nor the Actors shall need to be ashamed to owne it. We disclaime to haue any hand in giueing leaue to 407any of ours to go make warre vppon D'aulnay, but this we owne and no more, that we gaue leaue to such as could be hyred, etc: to accompany La Tour and to conduct him to his owne place. And such a permission as this (though it were a Commission to this purpose) we stand still to maintaine is no vndertaking of warre, nor Act of hostility, but a meere Liberty of commerce, and if any bloudshed should followe vppon it, it is accidentall and not depending vppon this as any Cause of it. Nor is it any Just provocation of warr, or any breach of peace, nor so accounted among Civil States. I shall cleare it by an Instance or two both private and public. If I haue a neighbour within a few miles of mee suspected to be a Robber, if I send my servant to beate him, if he doth so, I am a trespasser, if he kill him, I am a murderer. But if a travellour coms by and tells me that he hath a Chardg about him, and he is afraid to goe alone on his Journey for feare of such a man, and desires me to let my servant go with him to guard him out of danger, in this Case it is my duty to let my servant go with him (if he be willing) though it may be dangerous to his life, and may also procure danger to mee or mine from such Robbers: And if the Traveller be now sett vppon by this Robber and my servant kills him, we may both Justify it. I will giue another instance. A merchant of Spaine being in London, by leaue of the King of England, hires a London ship to transport him and his goods into Spaine; vppon the way a Holland man of warre meetes and fights with him, and men are slaine on both sides, yet without any breach of peace on either side, or any Act of hostility in the King of England, as it would haue beene if he had granted a Commission to Assault the Hollander. So that yow may see there is a wide difference betweene giueing Commission to fight, and giueing leaue to be hyred to guard or transport. So as yow must needs haue beene mistaken in the right stating of the distinction, or else I cannot conceiue what your apprehensions should be of the English and Irish and Scottish who in so greate numbers, for these many yeares, have served the States against the Spaniard, and the Spaniard against the States, the Swede against the emperor and contra without any breach of the peace betweene those nations: But admit such a permission were against a Rule of State, yet if that Rule of State be against the Rule of Charity, it will not be hard to Judge which must giue place. What singular things doe you illegible I will conclude this point with that Argument which I touched in my former writeinge: That which is lawfull for a priuate person to do in the way of his calling, the magistrate (if he judge it also expedient, or not hurtfull to the Commonwealth) ought to furder or not to hinder him in it. But it is lawfull for the Owners and Masters of Shipps, and is in the way of theire Calling to be hyred by La Tour, to convey him to his rightfull habi­408tation, and we iudge it no way hurtfull but advantageous to this Commonwealth, therefore we did well and according to the duty of our Office, in giueing leaue to them, and in not hindring them. And it is no sufficient plea against it, to say that we know not the Justice of his Cause: for that wil not concerne vs in this Case (and yet we do know it in good measure) but if our ships shalbe opposed in theire lawfull Course, the Justice of their Cause will ly in that: As for example: A man travaileing in a wagon in England, and carrieing his goods with him, his Creditour sets vppon the wagon to take his debtors goods from him by force, the wagoner may defend him and his goods being now in his Charge, without any respect to the former ingagement, for the Justice of his cause ariseth vppon another ground. Neither is there any need to send to D'aulnay before they goe (no, though they went of purpose to fight with him) for besides divers examples in Scripture to warrant the forbearance of it, the rule in Deut. 20. 10 giues other direction. When thou comest neere to a City to fight against it, thou shalt send to offer peace, etc: This point being thus cleared, that we haue not enterprised any warre in this our proceeding, all your Complaints aginst vs, and all your Arguments tending that way do fall to the ground: this is not the Case, neither are we the men and therefore I shall not need to examine your Reasons and Allegations against such: nor am I willing to mention those passadges wherein our power seemes to be so much slighted. I dare not beleeue that yow intended all that is held forth in them. I looke at your Quaeries also as raised vppon the same mistaken grounds, which being now cleared to yow, yow will easily resolve yourselves about them. And yet this I will propound to your Consideration: which may be a full answer to them all in the most knotty Construction: viz: If our brethren should erre in there way and thereby bring themselves into distresse, yet (if we must pardon them vppon their Repentance) sure we may not desert them, nor hide our eyes from theire misery. If any of our Confederats (through humane infirmity) should against theire Covenant bring a Just warre upon themselvs, yet if they call to vs for helpe, and tender themselvs to equall satisfaction, we must not leaue them to destruction. No relation amongst men could stand or be vsefull, if meere errour (which we are all and continually subject to) might dissolve it, or obstruct the vitall Spirits which should breathe in it.

Whereas yow object that in this permission we make the State as a cypher, I answer, the State hath the same influence into this which it hath into other merchants voyages, by a Generall and implicit Consent, which may be sufficient in so free a State as ours is: where there is no restraint vppon persons or Shipps (but vppon speciall occasion) they goe and come at theire Liberty. 409Now for the point of danger. I conceiue, first the Rule of the Apostle Peter will hould even in this case: while we do well we are not to be frighted with any terrour. Againe there is no Course or voyage vndertaken by us, but it may expose the vndertakers to perill, and may occasion displeasure and danger to vs from abroad: but such dangers haue not hitherto deterred vs from any probable way of our safety or advantage: not haue we sustained any harme hitherto, by casting our selvs vppon the Lord and his good providence in such Cases. I will remember yow of some. When we first set up Reformation in our Church way, did not this expose vs to as greate an hazard as we could run both from abroad and at home? Did not our frends in England many of them forewarne vs of it ere we came away? Did not others send letters after vs, to deterre vs from it? Did not some among our selvs (and those no meane ones) inculcate our inevitable dangers at home from no smale Company left out of Church fellowship, and Civill Offices, and freedome hitherto? Yet we trusted in God (though there appeared no meanes of safety) and went on our way: and the Lord hath still preserved vs, and frustrated all Councells and Attempts against vs. Againe when vppon grievous Complaints against vs to the Lords of the Privie Councel, of such Civil innovations amongst vs as we could not Justify by the Lawes of that State, a strict order and Command was sent to vs to deliver vp our patent, or else to expect to haue it fetched by force, what greater danger could be toward vs then appeared in the not obeying of this Command? Yet we had then Courage inough to returne an Answer without our Patent. When we vndertooke a warre against the Pequots, which no necessity put vs vppon, but only in point of Conscience (they had done vs no injury) on others behalfe, there were more objections (in point of dangerous consequences) against that, then against this. our frends of Plimouth complained of it and wrote to vs accordingly, so did our frends of Connecticot, laying forth the dangers we had exposed them vnto by it: wishing we had forborne to a fitter season; but neither of them protesting against it. Yet, in due time, the Lords hand appeared in it to the good of the whole Country, and we felt but little of those great dangers which were justly to be feared. Our intelligence was beleeved, which we heard long since, and hath beene more certainly confirmed of late, that the jesuiticall State haue had an evill eye vppon vs, and not without Cause (as themselvs apprehend) and though we looke at this as the head of all forein enmity, yet the Lord hath still saved vs, and that without any great impression of feare vppon our Spirits. In the treaty about our late Confederacion, the doubtful construction of it in England, the danger from a Generall Governour (especially in regard of our brethren of Plimouth) the necessity of 410being involved in the quarrel with the Dutch, on the behalfe of our brethren of Hartford, were taken notice of by the Generall Court and many of the Elders: etc: yet neither would the court be deterred hereby from entring into that brotherly league, nor were our Elders or people troubled with feare of those dangers. And now lately when we receiued Pumham and Sawcononoco into our Jurisdiction, the Generall Court considered how offensive it would be to the Naragansets, and so likely to ingage vs in a warre with them: yet, the thing being lawful and expedient for vs, and giueing hope of opening a doore to the Conversion of some of them, they would not let slipp the opportunity of such Advantages, for the feare of doubtfull dangers. More I might add, all amounts to this summe, the Lord hath brought vs hither through the swelling seas, through perills of Pyrats, tempests, leakes, fyres, Rocks, sands, diseases, starvings: and hath here preserved vs these many yeares from the displeasure of Princes, the envy and Rage of Prelats, the malignant Plotts of Jesuits, the mutinous contentions of discontented persons, the open and secret Attempts of barbarous Indians, the seditious and undermineing practises of hereticall false brethren, and is our Confidence and Courage all swallowed vp in the fear of one D'aulnay? Admit we should haue stepped aside out of our way, doth the favour and protection of our God wholely depend vppon our perfect walking? Were we never out of our way before, under all our former mercies and deliverances? Did Abraham, Isaack, Jacob, David, Jehosaphat, the people of Israel, Judah, and others never find protection and deliverance, when by infirmity, they were found to be out of their way? If they did, why may not we still seeke and hope for the like, seeing the Lords mercies indure for ever? For my part (if there were not other sins, which God may haue a controversie with vs for) I should little feare any harme by this. If any breach were made in our Peace, this is not the way to make it vp. We may bring more displeasure and danger vppon ourselvs, by the divisions and breaches of Rule, which may be occasioned by our vnseasonable striveings about that which is now past remedie, then would otherwise arise from any miscarriage in the busines it selfe, in the worst construction that can be made thereof.

The feare of man bringeth a snare; but he that trusteth in the Lord shalbe safe. Prov. 29. 24.

J: W: Governor Ca. July 21, 1643
1.

Massachusetts Archives, CCXL; Hutchinson Papers (1769), 121–132; (1865), I. 136–147. All but the last sentence and the signature is in an unidentified handwriting.

2.

See Richard Saltonstall and others to the Governor, Deputy Governor, Assistants, and Elders, July 14, 1643 (pages 397–401, above).