May it please you to vnderstand that this present day we spake with mr. ottley and Joseph Armitage about your Arbitration, in which we with other fowre were desired to act this weeke and we desired to know absolutely and fully what they both of them did desire and determine to be done by vs. mr. ottleys Answere was this I desire that all differences betwixt me and Joseph Armitage from the yeare 1638 vnto this present may be fully determined and ended by the Arbitratours. Joseph Armitage his answere is: that he is willinge to putt to arbitration onely such differences which are betweene them since the 16th of August 1642, concerning all debts and the Great action at Boston. soe that we perceiue the former desireth all differences betweene them to be ended which was your worships desire in your letter to vs: the latter desireth not to put all differences to Arbitration but some onely and therefore in as much as they agree not to the termes of the Arbitration, we shall leaue them to that further course that may compell them to agree namely a court triall: hopinge that your worship will excuse vs herein doing our best to drawe them to a more private way of ending theyr differences, but our advise preuayleth not soe Far and soe with our harty desires of the Gracious presence of God with you in that great and weighty worke to which the lord hath called you we take our leaue and rest, yours in all seruice of loue

Though we doe, and may truly professe, ourselues to be both vnfit, and unwilling to interpose in a matter of such State and weight, as we conceive this French Affaire to bee: yet the Honour we owe to the Religion we professe, the Loyalty we beare to our native 398Country, especially in its present condition and the Reference wherein it stands, to the Kingdome of France, our respect to the reputation of our government, and Governours, our tender care of the soules, and lives, of such as are committed to the trust thereof, the eye of care we ought to have upon our freindly Neighbours in the East, our regard to our Christian Confoederates, so lately combined with us, in confidence of our piety, and wisdome, and the religious discharge of our own Consciences and Duties, will not permit us to be silent, so long as there is any roome left for us to speake. We have littel hope to revoke resolutions so farre transacted and ripned, but we presume it shall not be taken amisse, if we labour to wash our hands wholly of this dissigne, and what ill consequences soever it may produce. The Reasons moving us hereto, are our deepe feares that the stated rules of vndertakeing warres, either by proper and direct enterprize, or by lending ayd, haue not beene so duly observed, as we could wish.

1. The grounds of warre ought to be just, and necessary. For the justice of this Warre by la Tore agaynst Daulnay, we conceive that all the light and information, New England hath, or may probably receive, cannot be sufficient for us to determine it positively; we vnderstand it hath beene variously judged in the Courts of France, one while for Daulnay, another while for la Tore, and it is not impossible that la Tore hath now rather outfreinded than outpleaded Daulnay; we shall therefore runne into an vnchristian praemunire of presumption if we resolue upon such an enterprize with an irresolved faith, In causâ dubiâ bellum non est suscipiendum. For the necessity of it, it must either be in point of Charity towards de la Tore or upon some engageing interest of our owne. For any bond of Charity, we conceive the speech of the prophet to Jehoshaphat, 2 Chron. 19:2 and of Solomon Proverbs 26. 17 not only discharge but strongly prohibite us. 1. For our owne interest, if it be cleare that Daulnay hath offered us such great wrong, as invites us to a warre, (which we much quaestion, for it must be atrox injuria) we suppose it would stand more with the honour of our Religion and Plantation, to proceede professedly and orderly agaynst him, then for us English to become but margent notes upon a French text, which to us is as yet but Apocrypha: and to vndertake him upon more certaine grounds, and at a more seasonable time when he doth lesse expect us, and is not so well provided for us as now he is. Warrs are extreame remedies and are not to be enterprised unlesse their causes will beare out all manner of effects and consequences, whether personall or nationall, which may insue. and what may not insue, if either of the nations to whom we belong will comment vpon our action in a State language and how apt a time this is for misconstruc­399tions we cannot be ignorant. The Spirit of warre is Scholastick and Jesuitical, traversing the very Positions and Principles, which peace hath held both Dogmatical and Irrefragable, even to the wonderment of rational men. We are informed that Daulnay desires our Freindship, and we are inclined to beelieve that if it did as well become him to appeale to our judgement as it ill beseemes us to expect it, he would not refuse to cast him self upon our compromise.

2. Warres ought not to be vndertaken without the Counsel and command of the supreame Authority whence expeditions issue. It is not hard to say, the present reference betweene the Kingdomes of England and France considered, that the subjects of the one, ought not to wage warre against the other without a publike Commission of State, vnlesse it be in defence upon a sudden assault: neither do we yet heare that le Tore himself hath any such commission for this his action, though if he had, it were littel to us. It is a rule observed amongst Confoederates, that during any league of peace betweene them, one freind may not ayd another against any part of his province til that part be proscribed by the authority of a general assembly whereof it is a member, and the Confoederates, assured thereof in a state way. The breach of this rule is a breach of league. Publike actions of hostility worke farre and wide haueing their national and confoederal influences and consequences. The Daggers we draw here may happily prove swords in Christendome for ought we know.

But this designe, whatever the cause was, seemed shy even of our new English Counsel to warrant or guide it: how closely it concernes the peace and safety of the whole plantation may easily be conjectured, and how farre it declined the advice thereof in a representative course we are very sorry to consider or mention.

We dare not so much impeach the honour of the advisours as to thinke they would vaile the action with this, that they only permit and give way to volunteirs, for who knowes not this to be a rule of state, that, Not to forbid when there is notice and power, is to bidd.

This were also to proclaime our weaknes in prostrating our Government to nothing, for who is ignorant that To permit volunteirs to issue out in ayd of a freind is never done without an act of state, where any state is?

Daulnay, nor France, are not so feeble in their intellectuals as to deeme it no act of state when upon consultation with some of our cheife persons, our men are suffered, if not incouraged to goe forth with our provision and munition vpon the designe; We doe therefore wonder that our people haueing no warrant from authority will of their owne heads runne such a hazzard of 400their soules and lives, as can neither looke for any prayers, or thankes for their good successe, nor any succour if it fares ill, and as it may fall out rather call for the curses of their freinds from whom they went, and of posterity yet unborne and yet these poore men presume that if Daulnay should say, as the King of Egypt to Josiah what haue I to doe with thee, thou King of Judah? I come not out agaynst thee this day, but agaynst the house with whome I have warre, or if they should shed innocent bloud or feele their own soules dropping suddenly into hell, they had their warrant from the Counsel and Countenance of those upon whom they might and ought to confide. it were to be wish'd they had beene taught the Germane Proverb, which sayth, He that loseth his life in an vnnecessary quarrel or danger dyes the Devills Martyr had they had the voyces of the people with them it had beene better than nothing but that wind seems to us to blow strong in the Teeth of their voyage. We shall presume to propound these Quaestions. 1: If Daulnay or France shall hereafter demand any of them from us as Enemies, or Murtherers, whether will our Court protect or deliver them? 2: If any of the parents or wives shall require their lives at our hands who shall answer them? 3: If any of their widdowes or children shall require sustenance, or any maimed souldier in this Expedition call for maintenance who shall give it them? or if taken captives and made slaues, who shall rescue or redeeme them?

3: The Ends of warre ought to be religious, what glory is intended hereby to God we see not, and how our peace shall hereby be setled we foresee not, but suspect it will rather be a beginning than an end of our troubles and feares, if we doe not wholly suppresse Daulnay, we may be sure of it. he is alredy very strong, and if our ships and munition fall into his hand, it will deminish from us, and incourage, exasperate and strengthen him.

If La Tore praevaile he is like to cavill with our men for some miscarriages, or we with him for nonpayment. The passage of our Ships to and from England hath hitherto beene quiet and safe in regard of the French, but we cannot so expect it hereafter if they shall meete with any of la Tores or Daulnayes special freinds, or at least with the freinds of such of them as we shall seeme to wrong. Bellum contra hostem non est suscipiendum cum periculo reipublicae, etc.

4: Vndertakeings of warrs ought to be probably feasable, but this seemes not soe to us. we learn out of the East, by an ey witnesse that Daulnay is very strong, in Artillery, men and munition, at land, and very well provided at sea, insomuch that some of the East haue consulted to repayre to him in his ayd least hee should vpon revenge annoy and ruine them; he is reported to 401be a valiant, prudent, and experienced souldier and commander, and Defendants haue great advantages of assaylants, soe that we feare, our sheepe haue hastned to their slaughter.

5: Lastly, the manner of enterprising warre calls for many rules, according to scripture and the customes of religious and ingenuous nations, as to summon and give warning before they strike; To heare what the defendant can pleade for the justice of his Cause to offer termes of peace with equal Articles, and to give speciall cautionary Commissions and Commands how farre to persist in ayd, and when to desist, but we neither can send fitt men for such charges, nor can we praescribe such directions without a professed imbarquing ourselves in the action; which it seems is wholly declined on our parts.

We therfore trouble you no further, only we itterate our Protestation that we are and desire to be held cleare and innocent of this vndertakeing, and Your worships in all Christian affection and services