for any criminal cause, whether breaking prison or getting from the officer, or otherwise escaping; upon the certificate of two magistrates of the jurisdiction out of which the escape is made, that he was a prisoner or such an offender at the time of the escape, the magistrate, or some of them of that jurisdiction, where for the present the said prisoner or fugitive abideth, shall forthwith grant such a warrant as the case will bear, for the apprehending of any such person, and the delivery of him into the hand of the officer, or other person who pursueth him. And if there be help required, for the safe returning of any such offender, then it shall be granted unto him that craves the same, he paying the charges thereof.

9. And for that the justest wars may be of dangerous consequence, (especially to the smaller plantations in these United Colonies,) it is agreed, that neither the Massachusetts, Plymouth, Connecticut nor New Haven, nor any of the members of any of them, shall at any time hereafter begin, undertake or engage themselves, or this confederation, or any part thereof, in any war whatsoever, (sudden exigencies, with the necessary consequences thereof excepted, which are also to be moderated as much as the case will permit,) without the consent and agreement of the forenamed eight commissioners, or at least six of them, as in the sixth article is provided. And that no charge be required of any of the confederates, in case of a defensive war, till the said commissioners have met, and approved the justice of the war, and have agreed upon the sums of money to be levied; which sum is then to be paid by the several confederates, in proportion according to the fourth article.

10. That in extraordinary occasions, when meetings are summoned by three magistrates, of any jurisdiction, or two, as in the fifth article, if any of the commissioners come not, (due warning being given or sent,) it is agreed that four of the commissioners shall have power to direct a war which cannot be delayed, and to send for due proportions of men, out of each jurisdiction, as well as six, might have done, if all had met; but not less than six

shall determine the justice of war, or allow the demands or bills of charges, or cause any levies to be made for the same.

11. It is further agreed, that if any of the confederates shall hereafter break any of these present articles, or be other way injurious to any of the other jurisdictions, such breach of agreement or injury shall be duly considered and ordered by the commissioners of the other jurisdictions, that both peace and this present confederation may be entirely preserved without violation.

12. Lastly, this perpetual confederation, and the seve. ral articles and agreements thereof being read, and seriously considered, both by the general court for the Massachusetts, and the commissioners for the other three; were subscribed presently by the commissioners, (all save those of Plymouth, who, for want of sufficient commission from their general court, deferred their subscription till the next meeting, and then they subscribed also,) and were to be allowed by the general courts of the several jurisdictions, which accordingly was done, and certified at the next meeting, held at Boston, September 7, 1643.

Boston, May 29th, 1643.

CHAP. LIII.

Ships seized in the harbours of the Massachusetts, by pretended commissions of the Admiralty in England, in the year 1644.

ABOUT July, in the year 1644, one Capt. Stagg arriving at Boston, in a London ship of 24 pieces of ordnance, and finding there a ship of Bristol, of one hundred tons, laden with fish for Bilboa, he made no speech of any commission he had; but having put ashore a good part of his lading, (which was in wine, from Teneriffe,) suddenly weighed anchor, and with a sea turn gale, sailed from before Boston to Charlestown, and placed his ship between the town and the Bristol ship, and moored himself aboard her. Then he called the master of the Bris

tol ship and shewed him his commission, and told him if he would yield, himself and all his men should have what belonged to them, and all their wages to that day; and then turning up the half hour glass, set him in his own ship again, requiring his answer by that time the glass was out. The master coming aboard, acquainted his men therewith, demanding their resolution. Two or three of his men would have fought, and blown up their ship, rather than yielded, but the greatest part prevailed; so she was quietly taken, and all the men (save three) sent to Boston, where order was taken by their captain for their diet. In this half hour's time, much people were gathered together on the shore to see the issue; and some who had interest in the prize, especially a Bristol merchant, (counted a very bold malignant, as then they were termed,) began to gather company and raise a tumult. But some of the people laid hold of them, and brought them to the deputy governour, who committed the merchant, with some others that were strangers, to a chamber in an ordinary, with a guard upon them; and others who were town dwellers, he committed to prison, and sent the constable to require the people to depart to their houses; and then hearing the ship was taken, wrote to the captain to know by what authority he had done it in their harbour, who forthwith repaired to him with his commission, which was to this effect: "Rob. Comes Warwici, &c. Magnus Admirallus Angliæ, &c. civibus cujuscunq. status, honoris, et saltem sciatis quod in Registro cur. Admiralt." And so recites the ordinance of parliament in English, to this effect, "That it should be lawful for all men, &c. to set forth ships and take all vessels, in or outward bound, to or from Bristol, Barnstable, Dartmouth, &c. in hostility against the king and parliament, and to visit all ships in any port or creek, &c. by force, if they should refuse, &c. and they were to have the whole prize to themselves, paying the 10 pounds to the admiral. Provided before they went forth, they should give security to the Admiral to observe their commission, and that 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 Capt. 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 ap. prehended; 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 Parlia ment 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 attainder against the captain; but they were dissuaded from that course, and the deputy sent for Capt. 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

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 Capt. Richardson, pretending to have such a commission as was Capt. 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 Capt. But when Capt. 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 harbour.

Capt. 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 errour, and acknowledged the goodness of God, that had prevented him from doing and receiving much hurt, by that unadvised attempt.