<Hinman’s Antiquities

Articles of Confederation between ye Plantations under the Government
of the Massachusetts, ye Plantation under the Govr'ment of New Plimoth,
and ye Plantations under the Goverment of Connecticott.

Whereas wee all came into these parts of America, with one and ye same end and aime, viz. to advance ye kingdome of our Lord Jesus Christ, and to enjoy ye liberties of ye Gospell in purity wth peace, and whereas in our settling by a wise Providence of God, wee are further dispersed upon ye sea costs and rivers yn was first intended, so yt wee cannot according to our desire wth convenience cornunicate in our government and jurisdiction ; and whereas we are compassed with people of severall nations and strange languages, which here often may prove injurious to us and our posterity, and for so much as the natives have formerly comitted sundry insolences and outrages upon severall plantations of ye English, and have severall times combined themselves ag'st us, and seeing by reason of our distance from England (our dear native country,) wee are hindered both from that humble way of seeking advise and reaping those comfortable fruits of protection which wee might otherwise well expect. Wee therefore do account it our duty as well as safety, to enter into a confederation for mutuall help and succor in all our future concernments, that as in nation and religion, so in other respects wee bee and continue one according to ye tenure and true meaning of ye ensueing articles.

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

2. The said United Colonies for themselves and their posterities doe joyntly and severally hereby enter into a firme and perpetuall league of friendship and amity, mutuall advise and succor upon all just occasions, both for preserving and propogating the truth and liberties of the Gospell, and for theire own mutuall safety and wellfare; provided notwithstanding, that the power of determin-ation of an offensive warr properly so called (so as to engage the Colonies therein) shall be in the severall Generall Courts of the aforementioned confederation.

3. It is agreed if the plantations which at present are or hereafter shall be settled within ye limits of ye Massachusetts, shall be forever under ye Goverment of ye Massachusetts, and have peculiar jurisdiction among themselves as an entire body, and yt Plimoth and Connecticott each of them in all respects have the like peculiar jurisdiction and goverment within their limits, according to their respective Letters Pattents from his Ma'tie provided if no other jurisdiction shall here after be taken in as a distinct head or member of the confederation, nor shall any other plantation or jurisdiction in present being, and not already in combination or under ye jurisdiction of any of those confederates joyned in one jurisdiction without ye consent of ye severall General Courts of the above named confederates.

4. It is allso agreed yt for the manageing and concluding of all affaires proper to, and concerning ye whole confederation, (not excepted ag'st in these articles) two comisioners shall be chosen by and out of each of these three jurisdictions, viz. two for ye Massachusetts, two for Plimoth, and two for Connecticott, being all in church fellow-ship with us who shall bring full power from their Generall Courts to heare, examine and weigh and determine the same ; but if those six comissioners when mett shall not all agree, yt is concluded that any five of ye six agreeing shall have power to determine ye case in controversy; but if five doe not agree, that then such propositions with theire reasons so far as they have been debated, be sent and reserved to ye severall Generall Courts, and if by all ye said Courts there be a concurrence in the matter so referred, then to be accordingly prosecuted by all ye confederates, and all their members.

5. it is further agreed that the comissioners for ye United Colonies shall meete but once in three years, except in cases extraordinary, which meetings shall ever be on ye first Thirsday in September, and yt ye next meeting after the date of these presents, shall be at Plimouth which shall be ac-counted the first, meeting, the second at Boston, ye third at Hartford, ye fourth at Boston, ye fifth at Hartford, and so the meeting will be but once in fifteen years at Plimouth, and double so often in the other Colonies, if the mean time some middle place be not found out and agreed on which may be comodious for all.

6. It is further agreed, that at each meeting of these six comissioners, whether ordinary or extriordinary, they may chuse their President out of themselves, whose office and work shall be to take care and direct for order and comely carrying of all proceedings in the present meeting, but he shall be invested with no such power, by which he may hind'r the propounding or progresse of any business, or any wise cast the scales otherwise then in the present articles is agreed.

7. It is also agreed yt the comissioners for this confederation hereafter at their meetings, whether ordinary or extraordinary, as they may have comission or opportunity, may consult off and propose to the severall Generall Courts to be by them allowed, and established, such orders in generall cases of a civill nature wherein all the plantations are interested, for preserving peace among themselves, and preventing, (as much as may be) all occasions of warr and differences with others, as about the free and speedy passage of justice in each jurisdiction, to all the confederates equally, as to their own, receiving those that remove from one plantation to another, how all the jurisdictions may carry it towards the Indians that they neither grow insolent, nor be injured without due satisfaction, lest warr break in upon the confederates through such miscarriage : It is also agreed, that if any servant run away from his master into any other of these confederated jurisdictions, that in such case upon ye certificate of one Magistrate in the jurisdiction out of which ye said servant fled, or upon other due proofe, the said servant shall be delivered either to his master or any other that pursues and brings such certificate or proofe ; and yt upon the escape of any prisoner whatsoever, or fugitive, for any criminall case, whether breaking prison or getting from ye officer, or otherwise escaping, upon ye certificate of one Magistrate of ye jurisdiction out of w'ch the escape is made, that he was a prisoner or such an offender at the time of ye escape, the Magistrates or some of them of yt jurisdiction where for ye present the said prisoner or fugitive abideth, shall forthwith grant such a warrant as the case will bear, for the apprehending any such person, and the delivering of him or her into ye hand of ye pursuer, and if help be required, it shall be granted, he paying charges yr of.

8. It is further agreed, that for the disposeing of the Indian stock for the future, the chiefe of the comissioners in the severall Colonies being annually as formerly, the comissioners of ye Massachusetts with such others shal be present, or any three of the comissioners yearly at Boston or else-where as they shall agree, and at the usuall time, they may doe any act for the managing and ordering of yt affaire as though all the comissioners were present, and what they shall doe herein, they shall keep a true record thereof, and transmitt the account of ye same from time to time, to the triennial meeting of ye comissioners,

9. It is also by these confederates agreed, that the charge of all just warrs, whether offensive or defensive, upon what part or member of this confederation soever they fall, shall both in men, provisions and all other disbursments, be borne by all the partys of the confederation, in different proportions, according to their different abilities, that the rule for proportioning men and raising of moneys for the defraying of such charges as may from time to time arise upon any warr, defensive or offensive, begun and carryed on according to the articles of confederation, shall as followeth :—The Massachusetts one hundred, Plymouth thirty, Connecticot sixty, this rule to continue for fiveteen years next coming, after ye begining of ye meeting of the comissioners, to be held at Plimouth in September next; and then if any one or more of ye confederates shall apprehend ye above said proportion to be unequall, ye matter shal be again considered by ye comissioners, and w't they shall agree upon, shall be presented to the severall Generall Courts for their acceptance and confir-mation, (each jurisdiction or plantation being left to their own just course and custome of rateing themselves and people,) and that accr. to ye different charge of each jurisdiction and plantation ye whole advantage of the warr, (if it please God to bless their endeavours,) whether it be in lands, goods, or persons, shall be proportionally divided among the said confederates,

10. It is further agreed, yt if any of these jurisdictions, or any plantation under them be invaded by any enemy whomsoever, upon any notice or request of any three Magistrates of yt jurisdiction so invaded, ye rest of ye confederates without any further meetin or expostulation, shall forthwith send aide to the confederate in danger; but in different proportions, viz: ye Massachuscts one hundred men sufficiently armed and provided for such a service and expedition; Plirnouth thirty men so armed and provided ; and Connecticott sixty men so armed and provided, or any lesse number, if lesse be required, accr. to this proportion: but if such confederate in danger may be supplied by the next confederate, not exceeding ye number hereby agreed, they may crave help there, and seek no further for the present, the charge to be borne by the severall Colonyes, accr. to their proportions abovesaid; and at theire returne to be victualled and supplyed w'th powder and shott (if there be need) for their journey yt jurisdiction yt imployed or sent for them, but in any such case of sending men for present aide whether before or after such order or alteration, it is agreed yt at ye meeting of ye comissioners for this consideration, ye cause of such warr or invasion be duly considered, and if it appear yt ye fault lay in ye party so invaded, yt then yt jurisdiction or plantation make just satisfaction both to ye invaders whome they have injured, and beare all ye charges of the warr themselves, without requiring any allowance from ye rest of the confed-erates towards the same.

11. And for yt ye justest war may be of dangerous consequence, especially to the smaller plantations in these United Colonies: it is agreed yt nether ye Massachusets, Plimouth, nor Connecticott, nor any of ye members of any of them, shall at any tyme hereafter begin, undertake or ingage themselves, or this confederation in any war w'soever (suddain exigencies w'th the necessary consequences thereof excepted, which are also to be moderated as much as the case will permitt,) without ye consent of ye severall Generall Courts of ye United Colonyes.

12. It is also agreed, yt in case of any suddain exigences, or other weighty occasion, requiring ye meeting of the comissioners before the ordinary tyme, the Governor or any three Magistrates of any the confederate jurisdictions, may sumon a meeting of ye comissioners, briefly signifying ye occasion thereof, and ye time and place of ye meeting, which shall be accordingly attended by ye comissioners of all ye confederate jurisdiction; and when met, they may adjourne to any other tyme or place as they shall see meet.

13. It is also agreed, for ye settling of vagabonds and wandering persons, removing from one Colony to another, to ye dissatisfaction and burthen of the places, where they come, as dayly experience sheweth us; for ye future it is ordered, yt where any person or persons shal be found in any jurisdiction to have had there abode for more yn three months, and not warned out by ye 7* authority of ye place, and in case of ye neglect of any person so warned, as above'sd to depart, if he be not by ye first opportunity yt the season will permitt, sent away from constable to constable, to ye end he may be returned to ye place of his former abode ; every such person or persons, shall be accounted an inhabitant where they are so found, and by them governed and provided for, as their condition may require; and in all such cases the charges of the constables to be borne by the Treasurer, where such constables do dwell.

14. It is agreed, yt if any of ye constables shall hereafter break any of these present articles, or be any other way injurious to any of ye confederate jurisdictions, such breach of agreement or injury, shal be duly considered ordered by ye comissioners for ye other jurisdictions, yt both peace and this present confederation may be preserved wth'out violation.

15. Ffinally, whereas in ye former articles agreed upon May 29, 1643, for the confederation of the United Colonies above named, New Haven is therein mentioned, and was owned as a distinct confederate, and is by these included and considered as one with Connecticott; ye above'sd union shal be always interpreted as by their own concession and not otherwise.

Now whereas for many years past, upon divers good considerations, there was a confederation agreed upon, by ye antient English Colonies, under his Ma'ties authority in New England for mutuall help, and defence, as also for ye better mainteyning his Ma'ties interest ag'st any opposition or intrusion of the barbarous natives and others, as appeareth by articles that were agreed upon, in ye year 1643, and upon record to be seen; whereby ye said Colonyes have been so united, as hath proved very beneficiall to all his Majesties subjects in these parts, for their peace and security; and whereas the severall Generall Courts of ye said Colonyes, have seen cause to renew the said confederation with some necessary alterations and addition to ye s'd articles, as is more fully exprest in ye articles above written: and also whereas ye Generall Court for ye Massachusetts Colony by their comission, dated in Boston Aug'st 30,1672, have nominated Thomas Danforth Esqr., and Majr. William Hathhorne Esqr. their comissioners, investing them with full power and authority to signe, ratifie and confirme ye above recited articles of confederation ; and in like manner ye Generall Court held at Plimouth June 5, 1672, have nominated Thomas Prence Esqr., and Majr, Josiah Winslow Esqr., investing them with like power, and ye Generall Court of Connecticott Colony, held at Hartford, May 9, and June 26, 1672, have in like manner nominated John Winthrop Esqr., and James Richards Esqr., investing them with like power, the above'sd cornissioners being assembled at Plimouth, Sept. 5, 1672, have read and examined these above written articles; doe accr. to their s'd comission, and by virtue thereof, clearly and absolutely ratifie and confirme the same for the reestablishing of a perpetuall confederation between the above named Colonyes, as was ye declared intention of the former articles: in confirmation whereof the comissioners above named, by the authority granted them from their severall Generall Courts, and in their name and stead, have hereunto subscribed their hands, in Plimouth.

THOMAS DANFORTH,

WM. HATHORNE,

THO. PRENCE,

JOSIAH WINSLOW,

JOHN WINTHROP,

JAMES RICHARDS.


September 5, 1672.