Ecclesiastical History. 13 



like to go against him and his party, desired the elders to go to Hingham 

 to mediate a reconciliation (which he would never hearken to before, 

 being earnestly sought by the other party and offered by the elders) in 

 the interim of the court's adjournment for one week. They readily 

 accepted the motion, and went to Hingham and spent two or three days 

 there, and found the pastor and his party in great fault, but could not 

 bring him to any acknowledgment. In their return by water they were 

 kept twenty-four hours in the boat, and were in great danger by occasion 

 of a tempest which arose in the night ; but the Lord preserved them." 



But the difficulties did not terminate here. The authority of 

 government was resisted when the marshal attempted to levy the 

 fines imposed on the petitioners. The following is Winthrop's 

 account of the matter : — 



"1G46. 26. (1.) " The governour and council met at Boston to take 

 order about a rescue which they were informed of to have been committed 

 at Hingham upon the marshal, when he went to levy the fines imposed 

 upon Mr. Hubberd their pastor and many others who joined with him in 

 the petition against the magistrates, &c. And having taken the infor- 

 mation of the marshal and others, they sent out summons for their 

 appearance at another day ; at which time Mr. Hubberd came not, nor 

 sent any excuse, though it was proved that he was at home and that 

 the summons was left at his house. Whereupon he was sent for by 

 attachment directed to the constable, who brought him at the day of the 

 return. And being then charged with joining in the said rescue by ani- 

 mating the offenders and discouraging the officer, questioning the au- 

 thority of his warrant because it was not in the king's name, and standing 

 upon his allegiance to the crown of England and exemption from such 

 laws as were not agreeable to the laws of England, saying to the marshal 

 that he could never know wherefore he was fined, except it were for peti- 

 tioning, and, if they were so waspish that they might not be petitioned, 

 he knew not what to say to it, &c. — all the answer he would give was, 

 that, if he had broken any wholesome law not repugnant to the laws of 

 England, he was ready to submit to censure. So he was bound over to 

 the next court of assistants. 



" The court being at Boston, Mr. Hubberd appeared, and the marshal's 

 information and other concurrent testimony being read to him and his 

 answer demanded, he desired to know in what state he stood, and what 

 offence he should be charged with, or what wholesome law of the land, 

 not repugnant to the law of England, he had broken. The court told him 

 that the matters he was charged with amounted to a seditious practice, 

 and derogation and contempt of authority. He still pressed to know 

 what law, &c. He was told that the oath which he had taken was a law 

 to him; and, besides, the law of God, which we were to judge by in 

 case of a defect of an express law. He said that the law of God ad- 

 mitted various interpretations, &c. Then he desired to see his accusers. 

 Upon that the marshal was called, who justified his information. Then 

 he desired to be tried by a jury, and to have the witnesses produced viva 

 voce. The secretary told him that two were pi-esent and the third was 

 sworn to his examination (but in that he was mistaken, for he had not 

 been sworn) ; but to satisfy him he was sent for and sworn in court. 

 The matters testified against him were his speeches to the marshal before 



