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II.

Order to search for Whalley and Goffe.

May 17, 1661. For the Marshall or Deputies at Milford.

You are to make diligent search, by the first, throughout the whole towne of Millfoord, and the precincts thereof, taking with you two or three sufficient persons, and calling in any other helpe you shall see need of, who are hereby required to attend for your assistance upon call; and this to be in all dwelling houses, barnes or other buildings whatsoever, and vessels in the harbour, for the finding and apprehending of Colonell Whalley and Colonell Goffe, who stand charged with crimes, as by his Majestie's letter appears; and being found, you are to bring them to the Deputie Governour, or some other Magistrate, to be sent over for England, according to his Majestie's order.

Hereof faile not at peril.

Jasper Crane,

By order of the General Court,

as Attest,

WILLIAM LEETE, Deputie Governour.

Matthew Gilberte,

Robert Treatt.

In the Marshall's absence, I doe appoint and impower you, Thomas Sanford, Nicholas Campe, and James Tapping to the above named powers, according to the tenour of the Warrant; and to make a returne thereof, under your hands to me, by the first.

ROBERT TREATT.

Wee, the said persons, appointed to serve and search, by virtue of this our Warrant, doe hereby declare and testifie that to our best light, we have the 20th of May, 1661, made diligent search according to the tenour of this

warrant.

As witness our hands,

THOMAS SANN ford,

NICHOLAS CAMPE,

JAMES TAPPING,

LAWRENCE WARD, his mark,

Searchers.

III.

General Court Records.

June 10, 1661.-Report of Committee to the General Court.

"We further judge, that the warrant and letter from the King's Majestie for the apprehending of Colonell Walley and Colonell Goffe ought to be diligently and faithfully executed by the authority of this Court. And also that the General Court may doe safely to declare, that, in case (for the future) any legally obnoxious and flying from the civil justice of the State of England, shall come over to these partes, they may not heer expect shelter."

This, as well as other partes of the said Report—was approved by the Court.

IV.

"This Court do order that the Councill may dispose of 1000 acres of land in any place, not formerly graunted by this Court for the gratuity of such as have or may further be imployed by the authority of this Country; any other law or costome to the contrary notwithstanding.

The Magistrates haue past this with reference to the consent of theire brethren, the Deputies hereto.

19 June, 1661.

EDWARD RAWSON, Secretary.

The Deputyes consent hereto, provided it hinder not a plantation.

WILLIAM TORREY, Clerk.

Consented to by the Magistrates.

EDWARD RAWSON, Secretary."

V.

1661, June 19.-General Court, being on the point of adjourning, pass the subsequent vote. "If in this vacancy any opertunity present to write for England, the Gouernour is desired by the first conueyance to certify his Majesty or the Secretaries of State, what himselfe and the

Councill haue acted touching serching for Colonell Whalley and Colonell Goffe, in the prosecution of his Majesty's warrant."

VI.

"At a Councill held at Boston, in New England, 4th July, 1661. Whereas the General Court by theire order, bearing date the 19th of June, 1661,-did give and graunt a thousand acres of land to be at the Councill's disposall, for the gratuity of such as have or may be further imployed by the authority of this Country. The Councill considering the service of Mr. Thomas Kellond and Mr. Thomas Kirke, performed in goinge to Connecticutt, New Hauen and Monhatoes in order to his Majesty's service for searchinge after Col. Whalley and Goffe, and judgeth it meete to giue and graunt to each of the sayd gentlemen, Mr. Kellond and Mr. Kirke, two hundred and fifty acres of land for a farme in any place, not formerly graunted, as a small recompense for theire paynes therein.

By order of the Councill.

EDWARD RAWSON, Secretary.

VII.

1662.-June 28. From his Majesty's Letter to the Authorities of Massachusetts.

After declaring his forgiveness to all who had rebelled against him in the late difficulties of his kingdom,-he says, "excepting only such persons who stand attainted by our Parliament here of high treason; if any such such persons haue transplanted themselves into those parts, the apprehending and the transporting into this kingdome and delivering them into the hands of justice, we doe expect from the duty, affection and obedience of our good subjects of that our Colony, if they are found within the limits and jurisdiction thereof."

[These were two young merchants, who came from England with a Royal Commission,-for the express purpose of searching out and apprehending Whalley and Goffe. They are fully spoken of in Hutchinson's Massachusetts, and in Stiles' Judges.-Pub. Com.]

VIII.

[The following extract affords a specimen of the wild reports, circulated in London to injure the credit of New England, already the object of much suspicion and aversion with the supporters of Charles II.,-because they had not withstood the Cromwell administrations. It is from a letter of Col. Temple,-written from that metropolis to the Massachusetts authorities,-respecting the policy and disposition of the Court at St. James; March 4, 1662-3. Pub. Com.]

It says, relative to the slanderers of this Country,

"The Lord Say declared them rogues, and told one of them publickly at the Councill, that he belyed the Country; he knew that New England men were of another principle, when it was vrged, that Whalley and Goffe were in the head of an army in New England."

IX.

Instruction given to his Majestie's Commissioners-Richard Nichols, Robert Carr, George Cartwright, and Samuel Maverick.

April 25, 1664. "You shall make due inquiry whether any persons, who stand attainted here in Parliament of high treason, haue transported themselues thither; and doe now inhabit or reside or are sheltered there, and if any such persons are there, you shall cause them to be apprehended and to be put on ship board and sent hither, to the end that they may be proceeded with according to lawe; and you shall likewise examine, whether any such persons haue been enterteyned and received there since our returne into England, and what is become of them, and by whom they were received and enterteyned there, to the end, and for no other (for wee shall not suffer the act of indemnity to be in any degree violated), that those persons may be taken the more notice of, and inay hold themselves to take the more care for their future behaviour."

[This instruction, having been presented among others, by the King's Commissioners, to the General Court,-received the reply of the latter body, in 1665,-as contained in our Collections, VIII. Vol. 2s. pp. 67, 68. Pub. Com.]

X.

The deposition of John Coney, aged fourty and five years, or there abouts,-testifieth and sayeth, That being in Company with Mr. Thomas Kirk and Mr. Thomas Kellond at severall times, have heard them discourse about land that the General Court gave them about looking after Goffe and Whalley; and did positively heare the said Kirk and Kellond, before their going to sea,-say the longest liver should have both parts of the said land graunted, and that John Bushnell, if in being, could testify the same, which was then present at severall times. And further sayeth not.

Taken upon

oath 12th of the third mo., 1670.

Before mee,

ANTHONY STODDARD, Commiss.

Boston, 12th May, 1670.

XI.

[Among the objections, exhibited against Massachusetts by the Lords for trade and Plantations, was one "about abetting the murtherers."In reference to this subject, our General Court, under date of Oct. 2, 1678,-express themselves as follows, to their agents.-Pub. Com.]

"The Court adds to what you answered therein, viz. Mr. Thomas Kirke, related to Sir David Kirke, and Mr. Thomas Kellond yet liuing, will testify the same, nor were Whalley and Goffe knowne here to vs to be such offenders, till his Majestie's Proclamation came ouer; nor doe wee know, nor could be informed, that they were in any part of this Colony after the said Proclamation came ouer; and, therefore, doe humbly beseech his Majestie and the Honourable Privy Councill to give full credence to what is here asserted by his Majestie's dutifull subjects, and that there was no neglect, much less contempt of his Majestie's command in this matter."

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