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APPENDIX-NOTES.

NO. 1.

Articles of confederation between the plantations under the government of the Massachusetts, New Plymouth, Connecticut, New Haven, in New England, with the plantations in combination with them.

Whereas, we all came into these parts of America with one and the same end and aim, namely, to advance the kingdom of our Lord Jesus Christ, and to enjoy the liberties of the gospel in purity with peace; and whereas in our settling, (by the wise providence of God,) we are further dispersed from the sea coast and rivers, than was at the first intended, so that we cannot according to our desire, with convenience communicate in one government and jurisdiction; and whereas, we live encompassed with people of several nations and strange languages, which hereafter may prove injurious to us and our posterity; and forasmuch as the natives have committed sundry insolences and outrages upon several plantations of the English, and have of late combined themselves against us, and seeing, by reason of the sad distractions in England, (which they have heard of, or by which they know,) we are hindered, both from the humble way of seeking advice, and reaping those comfortable fruits of protection, which at other times we might well expect; we therefore do conceive it our bounden duty, without delay, to enter into a present consociation amongst ourselves, for mutual help and strength in all future concernments; that as in nation and relation, so in other respects we be, and continue one, according to the tenor and true meaning of the ensuing articles.

1. Wherefore, it is fully agreed and concluded, between the parties and jurisdictions above named, and they jointly and severally do by these presents agree, and conclude that they all be, and henceforth be called by the name of the United Colonies of New England.

2. The said United Colonies, for themselves and their posterities, do jointly and severally, hereby enter into a firm and perpetual league of friendship and amity, for offense and defense, mutual advice and succor, upon all just occasions, both for preserving and propagating

the truths and liberties of the gospel, and for their own mutual safety and welfare.

3. It is further agreed that the plantations which at present are, or hereafter shall be, settled within the limits of the Massachusetts, shall be forever under the government of the Massachusetts, and shall have peculiar jurisdiction amongst themselves, in all cases, as an entire body. And that Plymouth, Connecticut, and New Haven, shall each of them, in all respects, have peculiar jurisdiction and government, within their limits; and in reference to the plantations which are already settled, or shall hereafter be erected, and shall settle within any of their limits respectively; provided that no other jurisdiction shall be taken in, as a distinct head or member of this confederation, nor shall any other, either plantation or jurisdiction in present being, and not already in combination, or under the jurisdiction of any of their confederates, be received by any of them, nor shall any two of these confederates, join in one jurisdiction without consent of the rest, which consent to be interpreted, as in the sixth ensuing article is expressed.

4. It is also by these confederates agreed, that the charge of all just wars, whether offensive or defensive, (upon what part or member of this confederation soever they shall fall,) shall both in men and provisions, and all other disbursements, be borne by all the parts of this confederation, in different proportions, according to their different abilities, in the manner following, viz: That the commissioners for each jurisdiction, from time to time, as there shall be occasion, bring account and number of all the males in each plantation, or any way belonging to or under their several jurisdictions, of what quality or condition soever they be, from sixteen years old to sixty, being inhabitants there; and that according to the different numbers, which from time to time. shall be found in each jurisdiction, upon a true and just account, the service of men, and all charges of the war be borne by the poll. Each jurisdiction or plantation being left to their own just course or custom of rating themselves and people, according to their different estates, with due respect to their qualities and exemptions among themselves; though the confederates take no notice of any such privilege, and that according to the different charge of each jurisdiction and plantation, the whole advantage of the war, (if it pleased God so to bless their endeavors,) whether it be in land, goods, or persons, shall be propor tionably divided amongst the said confederates.

5. It is further agreed, that if any of these jurisdictions or any plantation under, or in combination with them, be invaded by any enemy whatsoever, upon notice and request of any three magistrates of that jurisdiction so invaded, the rest of the confederates, without any further notice or expostulation, shall forthwith send aid to confederates in danger, but in different proportions, viz: the Massachusetts, an hundred men, sufficiently armed and provided for such a service and journey; and each of the rest forty-five men, so armed and provided, or any less number, if less be required, according to this proportion. But if such a confederate in danger, may be supplied by their next confederate, not exceeding the number hereby agreed, they may crave help thence, and seek no further for the present; the charge to be borne, as in this article is expressed; but at their return to be victualled and supplied with powder and shot, (if there be need,) for their journey, by that jurisdiction, which employed or sent for them. But none of the jurisdictions to exceed those numbers, till by a meeting of the commissioners for this confederation, a greater aid appear necessary; and this proportion to continue, till upon knowledge of numbers in each jurisdiction, which shall be brought to the next meeting, some other proportion be ordered: but in any such case of sending men for present aid, (whether before or after such order or alterations,) it is agreed, that at the meeting of the commissioners, for this confederation, the cause of such war or invasion be duly considered. And if it appear that the fault lay in the party invaded, that then the jurisdiction or plantation make just satisfaction, both to the invaders whom they have injured, and bear all the charge of the war themselves, without requiring any allowance from the rest of the confederates, toward the same. And further, that if any jurisdiction see danger of an invasion approaching, and there be time for a meeting, that in such case three magistrates of that jurisdiction may summon a meeting at such convenient place, as themselves think meet, to consider and provide against the threatened danger. Provided, when they are met, they may remove to what place they please; only when any of these four confederates have but three magistrates in their jurisdiction, a request or summons from any two of them shall be accounted of equal force, with the three mentioned in both the clauses of this article, till there be an increase of magistrates there.

6. It is also agreed and concluded, that for the managing of all affairs, proper to, and concerning the whole confederation, two commis

sioners shall be chosen by and out of each of those jurisdictions, viz. : two for the Massachusetts, and so for the other three, (all in church fellowship with us,) which shall bring full power from their several general courts respectively, to hear and examine, weigh and determine, all affairs of war or peace, leagues, aid, charges, numbers of men of war, disvision of spoil, or whatsoever is gotten by conquest, receiving of more confederates or plantations into combination with any of these confederates, and all things of like nature, which are the proper concomitants and consequents of such a confederation, for amity, offense and defense, (not intermeddling with the government of any of the jurisdictions, which by the 3d article is preserved entirely by them;) but if these eight commissioners, when they meet, shall not agree, yet it is concluded that any six of the eight agreeing, shall have power to determine and settle the business in question. But if six do not agree, that then such propositions, with their reasons, (so far as they have been debated,) be sent and referred to the four general courts, viz.: the Massachusetts, Plymouth, Connecticut, and New Haven, and if at all the said general courts, the business so referred be concluded, then to be prosecuted by the confederates and all their members. It is further agreed, that these eight commissioners shall meet every year, (besides extraordinary meetings, according to the 5th article,) to consider, treat, and conclude of all affairs, belonging to this confederation; which meeting shall ever be the first Thursday in September, and that the next meeting after the date of these presents, (which shall be accounted the second meeting,) shall be at Boston in the Massachusetts; the third, at Hartford; the fourth, at New Haven; the fifth, at Plymouth; the sixth and seventh, at Boston; and then at Hartford, New Haven, and Plymouth, and so on in course successively; if, in the mean time, some middle place be not found out, and agreed upon, which may be commodious for all the jurisdictions.

7. It is further agreed, that at each meeting of these eight commissioners, (whether ordinary or extraordinary,) they all, or any six of them, agreeing as before, may choose their president, out of themselves, whose office and work shall be, to take care and direct for order, and a comely carrying on of all proceedings in their present meeting. But he shall be invested with no such power or respect, as by which he shall hinder the propounding or progress of any business, or any way cast the scales otherwise, than in the preceding article is agreed.

8. It is also agreed, that the commissioners for this confederation hereafter, at their meetings, (whether ordinary or extraordinary,) as they may have commission or opportunity, do endeavor to frame and establish agreements and orders in general cases of a civil nature, wherein all the plantations are interested for preserving peace among themselves, and preventing, (as much as may be,) all occasions of war or differences with others; as about free and speedy passage of justice in every jurisdiction to all the confederates equally as to their own; receiving those that remove from one plantation to another without due certificates; how all the jurisdictions may carry it towards the Indians, that they neither grow insolent nor be injured without due satisfaction, lest war break in upon the confederates through such miscarriages. It is also agreed, that if any servant run away from his master, into any of the confederate jurisdictions, that in such case, (upon certificate from one magistrate in the jurisdiction out of which the said servant fled, or upon other due proof,) the said servant shall be either delivered to his master, or any other that pursues, and brings such certificate and proof. And that upon the escape of any prisoner, or fugitive, 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

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