Ecclesiastical History. 1 



sent it to the magistrates, desiring their concurrence with them, that the 

 cause might be heard, &c. The magistrates, marvelling that they would 

 grant such a petition, without desiring conference first with themselves, 

 whom it so much concerned, returned answer, that they were willing the 

 cause should be heard, so as the petitioners would name the magistrates 

 whom they intended, and the matters they would lay to their charge, 

 &c. Upon this the deputies demanded of the petitioners' agents (who 

 were then deputies of the court) to have satisfaction in those points, 

 whereupon they singled out the deputy governour, and two of the peti- 

 tioners undertook the prosecution. Then the petition was returned 

 ao-ain to the magistrates for their consent, &c, who being desirous that 

 the deputies might take notice, how prejudicial to authority and the 

 honour of the court it would be to call a magistrate to answer crimi- 

 nally in a cause, wherein nothing of that nature could be laid to his 

 charge, and that without any private examination preceding, did intimate 

 so much to the deputies, (though not directly, yet plainly enough), show- 

 in or them that nothing criminal &c. was laid to his charge, and that the 

 things objected to were the act of the court &c. yet if they would needs 

 have a hearing, they would join in it. And indeed it was the desire of 

 the ^puty, (knowing well how much himself and the other magistrates 

 did suffer in the cause, through the slanderous reports wherewith the 

 deputies and the country about had been possessed), that the cause 

 might receive a public hearing. 



" The day appointed being come, the court assembled in the meeting 

 house at Boston. Divers of the elders were present, and a great assembly 

 of people. The deputy governour, coming in with the rest of the magis- 

 trates, placed himself beneath within the bar, and so sate uncovered. 

 Some question was in court about his being in that place (for many both 

 of the court and the assembly were grieved at it). But the deputy tell- 

 in^ them, that, being criminally accused, he might not sit as judge in 

 that cause, and if he were upon the bench, it would be a great disadvan- 

 tage to him, for he could not take, that liberty, to plead the cause, which 

 he oucrht to be allowed at the bar, upon this the court was satisfied. 



" The petitioners having declared their grievances &c. the deputy craved 

 leave to make answer, which was to this effect, viz. that he accounted it 

 no disgrace, but rather an honour put upon him, to be singled out from his 

 brethren in the defence of a cause so just (as he hoped to make that 

 appear) and of so publick concernment. And although he might have 

 pleaded to the petition, and so have demurred in law, upon three points, 



1, in that there is nothing laid to his charge, that is either criminal or unjust ; 



2, if he had been mistaken either in the law or in the state of the case, yet 

 whether it were such as a judge is to be called in question for as a delin- 

 quent, when it doth not appear to be wickedness or wilfulness ; for in 

 England many erroneous judgments are reversed, and errours in pro- 

 ceedings rectified, and yet the judges not called in question about them ; 



3, in that being thus singled out from three other of the magistrates, and 

 to answer by himself for some things, which were the act of a court, he 

 is deprived of the just means of his defence, for many things may be 

 justified as done by four, which are not warrantable if done by one alone, 

 and the records of a court are a full justification of any act, while such 

 record stands in force. But he was willing to waive this plea, and to 

 make answer to the particular charges, to the end that the truth of the 

 case, and of all proceedings thereupon might appear to all men. 



