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Papers of the Winthrop Family, Volume 4

Documents in the Case of Mary Latham and James Britton1
JW Winslow, Edward Constables of the Massachusetts Bay Colony

1644-02-24

To the Constables of Marshfield Situate Hengam Weymouth Braintry Dorcester Roxbury and Boston greeting

Whereas divers and sundry complaints haue commen to me from Weymouth sent and delivered by godly and credible persons against Mary the wife of William Latham late of Marblehead but now at Marshfield for adultery committed upon the body of the said Mary by one James Brittaine of Weymouth, And having apprehended the said Mary and examined her, haue sent her with the examinacion according to my duty to that Government where the fact was committed.

These are therefore in his Majesties name to will and command all and every of you the Constables aboue written to receiue and convey her from Constable to Constable till shee come before the Governour of the Massa­446chusets or some one of his Assistants, together with the letter you shall receiue, And heereof faile not at your perill. Given at Marshfield this present 24 of Febr. 1643/44

per me Edw: Winslow

The Constable of Weymouth shall do well the matter being there knowne to carry testimony with him.

Memorandum by Governor Winthrop on the verso of the above document: Ja: Britten sayth that about 5 or 6 weekes since, by the seaside near his own house he did what he could to commit Adultery with Mary the wife of mr. Latham but he was not then himself, having been drinking all the night till midnight at his own house with 16 of his neighbors wherof 8 had been with him at the illegible the said Mary came out after them.

That mr. Taylors wife was neer 6 years since she came to his house, and he soliciting her she easyly consented and laye down vpon his bedde (his wife being in another roome) but he was not able to enter her body.

Endorsed by Governor Winthrop: mr. Winslows warrant for Lathams wife.

1.

W. 1. 157. For Winthrop's account of this case, see Journal, II. 161–163; also printed in D.J.W. .

Stephen Bachiler to John Winthrop and the Elders of the Church in Boston1
Bachiler, Stephen JW First Church of Boston, Elders of

1644-02-26

Grace mercy and peace in our L. Jes. Christ

Right Worshipfull and Reuerend Brethren,

Myne humble duty and Service in Christ remembred. I had no sooner written and ended this inclosed letter to my brother Cotton, for some satisfaction to certaine cases, waiting for a convenient messenger, but, Casco-messenger came with your Christian and carefull letter of my good and Gods glory (I should haue first said), was deliuerd to me, Which inclosed letter (tho properly belonging to my brother Cotton, yet because it may concerne you all, in respect of a reason or motiue, (which after will appeare in the sequell of this letter) for my furtherance to that work and place, wherto your advice and perswasion seemeth to ayme) I thought good to inclose it and send it to you all (vpon my second thought, as before I intended it to my brother Cotton alone), and this I desire you all to vnderstand to be the true Cause of communicating it vnto you all. Now, as Touching the maine thing it selfe of my calleing to 447Casco, The reasons and motiues which you vse to further me, were all presented vnto me, and were runing dayly in my consideration of the said calling, In so much, as it caused me to remember a passage of a Sermon of my brother Cottons (speaking long since vpon thos words in the Acts of Christ being made the Cornerstone), he vttered words to this effect (and I do think he will remember and owne the very words themselues) That all the proceedings of the Scribes and Pharisies, and all their adherents together, that by them all, they did but thrust and shoue at Christ, till they had thrust him into that very place (vidzt, of being the Corner stone of the fathers building for the strength and perfecting of the same) to which the father had appoynted him. so said I to my wife considering what a calling I had, some 14 yeres agon (by that Company of the ploughe), there to sit downe with them (not as a Planter only, but as a Pastor also) and considering how the Lord, (thinking to haue rested at New Towne (then so called) vpon that disaster which happened to the goods of the Company by the false dealing of thos entrusted by vs with the ploughe ship, and our goods therin) I say how the Lord shou'd me thence by an other calling to Sagust, then, from Sagust to Newbury; then from Newbury to Hampton: and now seems to do the like from Hampton to the very place it selfe (all the former shoveings and remoueings being still directly towards that place, which I thought in my minde might haue some resemblance to the Pharisies dealing with my Lord and Master.) Howebeit, I thought with all, I could not certainely conclude any such secret Counsayle of the Lorde, seeing the intervenient callings were also of God, and the last to Hampton, not least certaine to me to be of God, As (also) that the two last remouealls (N. from Sagust to Newbury, and from Newbury to our Hampton) not being so proper from god, as from Satan and some vnjust instruments, and this now from Hampton to Casco to be (after a sort) forced by like vnjust proceedings, as well (or as much) as by an honorable calling from Casco, and like honorable advice from you etc. I was and am the more doubtfull in my selfe and is to my speciall frends, whose harts I haue cause to satisfye, why I should remoue against so many reasons objected against me. but (I feare) I am too tedious and large, takeing vp too much of your tyme from imployments of greater moment. I will therfore come to the very poynt, and to the maine stick of all, which is this. I see not how I can departe hence, till I haue (or (I meane) God for me) cleered and vindicated the cause and wronges I haue suffered of the church I liue yet in, that is, from the Teacher2 (indeed) who hath don all and ben the cause of all the 448dishonour that hath accrew'd to god shame to my selfe, and griefe to all Gods people, by his irregular proceedings, and abuse of the power of the church in his hand, by the maior parte cleaveing to him, being his Countrymen and acquaintance in old Engl. whiles my cause (tho looked sleitly into by diverse Elders and brethren) could neuer come to a judiciall searching forth of things, and an impartiall tryall of my allegations and his defence secundum allegata et probata, which, if (yet) they might, I am confident in God (vpon certaine knowledge and due proufe before your Selues whose hands are subscribed to this letter or calling of advice). The Teachers act of his excomunicateing me, (such as I am, to say no more of my selfe), would proue the foulest matter, both for the cause alleged, of that excommunication and the impulsiue cause (even wroth and revenge) and also the manner of all his proceeding thorough out to the very ende: and lastly his keeping me still vnder bonds, and much more then here I may mention, for diverse causes (Christes wrongs and sufferings excepted) that euer was committed against any member of a church. Which (to beare on my shoulder in going hence) is so vncomfortable: tho I can refer it to Gods revenging hand, and wait vpon him (Eccles. 4. 1. 2. and 5. 7 with Psal. 10. 13. 14 verses) yet (then) I am taught againe, that such sinnes, endangering the very state of church and common-wealthe for neglecting of the complaintes of the afflicted in such a state, as wherin both Magistrates, Elders and brethren all are, in the sincerest manner set to finde out Sin, and (with Levie) to search into the complaintes of the poore not knowing father nor mother, Church or Elder. In such a state (I say) in such a wine Seller to finde such a cock-atrice, and not to kill him—to haue such monstrous and fearfull proceedings passed ouer without due justice in proceeding etc. this againe stirs vp my spirit to seek for, and labour to obteine a writ ad melius inquirendum, Towards which the enclosed letter tendeth (as you may perceaue.) Yet (notwithstanding all that I haue said of my burthen and temtations) if your wisedomes shall think it and judg it more safe and reasonable to refer all my wrongcs (conceaued) to Gods owne judgment, I blesse the Lord for his grace (if I know myne owne hart herein) I can submit my selfe to be over ruled by you. And (here) I give you all more thankes then my pen can expresse, for that aboundant vndeserued care, you plainly shew forthe, in this your letter of advise. Whervpon, I presume, that in case the Lord shall so prevayle with me and vpon me, as (in your worships short postscript you suppose I will not engage my selfe so fully and sodainly, till I shall haue had good experience, both of place and persons) you will ever haue me in your memories (as occasion shalbe offered) for my gloryfying of God there, and to be ayding and assisting to that whole Prov­449ince, because I am there, by your encouradgment, that I may still depend vpon you for your Christian Loue and faithfullnes to me and mine. The truth is, I haue sent them of Casco this answer, brieflye. 1. That their necessityes, hunger and thirst after Christ their so free choyse of my selfe (so vnworthy), their offers of Reverence, Credence and subjection to Christes ordinances administred (according vnto God) etc. I purpose (God willing) to come and confer with them about the last week of the next monthe (our first) and that the will of God shall over rule me against all the difficulties of this case (which are many) if that will, or as that will shall cleerlye appeare vnto me: against which I shall not willfully or hypocritically shut myne eyes. This I haue promised, and so far I haue engaged my selfe, and no further. And (indeed) the being of that (my deare brother Jenner) and mr. Wheelwright stablished in thos partes is not a weak motiue to drive, or a cord to drawe me that waye. And now (to conclude) if the Apostles words should be objected, that this is thankes worthy, if a man (for Conscience sake towards god,) shall endure griefe, suffering wrongfully, that (therfore) I ought (in this afforesaid cause of mine to endure the greefe therof, in what soeuer I suffer wrongfully, without seeking for any redresse or justice against the offender) I confesse it was more absolutly necessary so to suffer when the church had no civill power to seek vnto, (then as affore is said) in such a land of righteousness as our new England is. But, I ende, and commending you all to God, with my poore selfe and cause, I rest Your worships at commaund in the Lorde, his moste vnworthy Servant

Stephen Bachiler Hampton, this 26 of this last M. 1643/44

Endorsed by Governor Winthrop: Mr. Batchellor Received (1) 8, 43/44

1.

W. 3. 27; 4 Collections , VII. 100–105.

2.

I.e., Timothy Dalton. For Winthrop's account of the difficulties in the church at Hampton, New Hampshire, see Journal, II. 179; also printed in D.J.W. .