8 History of Hingham. 



" Hereupon the court proceeded to examine the whole cause. The 

 deputy justified all the particulars laid to his charge, as that upon credible 

 information of such a mutinous practice, and open disturbance of the peace, 

 and slighting of authority, the offenders were sent for, the principal by war- 

 rant to the constable to bring them, and others by summons, and that 

 some were bound over to the next court of assistants, and others that 

 refused to be bound were committed ; and all this according to the 

 equity of the laws here established, and the custom and laws of England, 

 and our constant practice here these fifteen years. And for some 

 speeches he was charged with as spoken to the delinquents, when they 

 came before him at his house, when none were present with him but 

 themselves, first, he appealed to the judgment of the court, whether 

 delinquents may be received as competent witnesses against a magistrate 

 in such a case ; then, for the words themselves, some he justified, some 

 he explained so as no advantage could be taken of them, as that he 

 should say, that the magistrates could try some criminal causes without 

 a jury, that he knew no law of God or man, which required a judge 

 to make known to the party his accusers (or rather witnesses) before 

 the cause came to hearing. But two of them charged him to have said 

 that it was against the law of God and man so to do, which had been 

 absurd, for the deputy professed he knew no law against it, only a 

 judge may sometimes, in discretion, conceal their names &c. least they 

 should be tampered with, or conveyed out of the way &c. 



" Two of the magistrates and many of the deputies were of opinion that 

 the magistrates exercised too much power, and that the people's liberty 

 was thereby in danger ; and other of the deputies (being about half) 

 and all the rest of the magistrates were of a different judgment, and that 

 authority was overmuch slighted, which, if not timely remedied, would 

 endanger the commonwealth, and bring us to a mere democracy. By 

 occasion of this difference, there was not so orderly carriage at the hear- 

 ing, as was meet, each side striving unseasonably to enforce the evidence, 

 and declaring their judgments thereupon, which should have been re- 

 served to a more private debate (as after it was), so as the best part of 

 two days was spent in this publick agitation and examination of witnesses 

 &c. This being ended, a committee was chosen of magistrates and depu- 

 ties, who stated the case, as it appeared upon the whole pleading and 

 evidence, though it cost much time, and with great difficulty did the com- 

 mittee come to accord upon it. 



" The case being stated and agreed, the magistrates and deputies consid- 

 ered it apart, first the deputies, having spent a whole day, and not attain- 

 ing to any issue, sent up to the magistrates to have their thoughts about 

 it, who taking it into consideration, (the deputy always withdrawing when 

 that matter came into debate), agreed upon these four points chiefly; 1. 

 that the petition was false and scandalous , 2. that those who were bound 

 over &c. and others that were parties to the disturbance at Hingham, 

 were all offenders, though in different degrees, 3. that they and the peti- 

 tioners were to be censured, 4. that the deputy governour ought to be 

 acquit and righted &c. This being sent down to the deputies, they spent 

 divers days about it, and made two or three returns to the magistrates, 

 and though they found the petition false and scandalous, and so voted it, 

 yet they would not agree to any censure. The magistrates, on the other 

 side, were resolved for censure, and for the deputy's full acquittal. The 

 deputies being thus hard held to it. and growing weary of the court, 



