prosperity of our Zion, If ye who are of the household of faith permit idle bickerings to divide your hearts, how can ye expect the blessing of Heaven on your labors? If the cement to hold together the stones of the temple be untempered mortar, must not the fabric fall, and bury the worshippers in its ruins? If you love me, Captain Endicott, my brave and generous, but hasty friend, take up your glove; if you have respect for the high station you so worthily fill, noble Dudley, extend your hand in token of amity, and assure our brother that no offence was designed."

The time occupied by the governor had afforded opportunity for the passions of the two gentlemen to cool, and for them to become sensible of the unbecoming parts they were playing. As if they had at the same instant arrived at a like conclusion, Endicott reached forward to pick up his gauntlet, while Dudley stretched out his open palm. It was grasped by the other, and the two men wrung each other's hand as if whatever might be their private quarrels, they were resolved to stand by one another against the rest of the world.

"I crave forgiveness," said Dudley, at the same time resuming his seat and speech, "of the honorable Assistants in general, and of my excellent brother Endicott in particular, and beseech them to ascribe the vehemency of my speech to no want of respect for them, but to my zeal in the common service, and to a natural impetuosity. I solemnly protest that my observation pointed at nothing offensive, and that come whence it might, I would resent a wrong to my honored brother as quickly as to myself. Yet I will say, that I marvel that one so familiar with the nature of wounds as my honorable and dear friend, the worthy founder of our infant commonwealth, (and this is an ancient and increasing evil,) should not know that old wounds require rather vinegar than oil, the cautery instead of unguents. As a member of the persecuted Church, I will not allow the declarations of a brother of that holy and mystical body to be overborne and set at naught by an ill liver like this Philip Joy. I say that men have become too free in uttering their licentious imaginations about those who are placed by God's Providence above them for their soul's good and bodies' health, and that an example should be made to repress the gossip of light tongues and evil thinkers. In punishing this Joy, (who might more properly be called mourning,) we exalt the honor of the congregation, one of whose sons, even in your presence, and with intent to dishonor you, he has abused with perverse epithets, while at the same time we strike a wholesome terror into others in like case to offend."

He ceased, and looked around as if to gather the suffrages of his associates, but since the little interruption to their harmony, the wary Assistants were too politic, by word or sign, to betray a bias, so that he beheld only downcast eyes, and countenances purposely vacant, in order to conceal the thoughts of their owners.

It was now the turn of the Governor to express his opinion, and as he opened his lips, all eyes were fastened on him. His manner was grave, yet soft and persuasive, and a desire was manifest to pursue a course which should offend none, but reconcile differences by yielding something to all.

"Tumultuosa libertas", (he said, commencing his remarks a Latin quotation,) "tranquilitati probrosœ anteponenda est, and in the lively observations we have heard, I mark not the signs of dissension, but of free thought, having in view the honor of God and the welfare of his little flock scattered abroad in a strange land. But the good shepherd will yet gather the dispersed into his arms, and gently lead them through green pastures and by still waters. Our Israel owes you thanks, brethren, for the vigilance wherewith ye watch the walls of Jerusalem, and are quick to spy the lurking wolf and ravening bear. If the watchmen sleep, what shall become of the city? But her strong towers of defence and bulwarks are ye, emulous only to show your love.

"It hath been said—to come more immediately to the matter in hand—that the vice of evil speaking of dignities had greatly increased, and needed to be repressed. It is so, and cannot be denied; and I would thereupon note a caution to my brethren, and that is, the necessity of rather discouraging that democratical spirit which is threatening to sweep away all distinctions, and to strip the Assistants themselves of necessary power. It is an insubordination, whereof foul breaths, licentious imaginations, and undisciplined tongues, are the inciters and fomenters. Now, if one can legitimately be proved guilty of the offence, I would be forward as well for the salutary discipline of the offender as highest weal of the state, to visit him with a due measure of punishment. But it behooves the court to see that the charge is proved.

"In the present case, even although the testimony of the principal witness were thrown out, which, howbeit, cannot be done, he standing unimpeached before us, yet there remains sufficient from the testimony of the second, the truth of which is not denied by the prisoner, to convince us that something light and trivial has been uttered reflecting upon the godly Mr. Cotton, whose edifying discourses were degraded beneath the value of a song. This is in a manner to impeach the sanctity of religion, by making light of the character of her ministers. As for what the prisoner said touching the magistrates, I trust that it is true, and am disposed to connect no evil intent therewith. My judgment is to pronounce him guilty of using indecorous language respecting a minister of the gospel, and to condemn him therefor in a light fine, to help replenish our lean treasury."

"Did not the right worshipful Governor remark the profane exclamation of the prisoner even in this presence?" inquired Spikeman.

"None, Master Spikeman," answered Winthrop. "I did indeed observe that the prisoner, in one instance, commenced what I supposed was the word 'accursed,' but checked himself in mid utterance as if sensible that it was unmeet to be spoken, which rather savors of respect than of the contrary."

But the Assistant shook his head. "I have seldom seen," he said, "a more stiff-necked and perverse offender, and one more deserving of many stripes."

Hereupon followed a discussion of some length, which terminated favorably to the opinions of the Deputy Governor and of the Assistant Spikeman, and it was finally agreed that Joy should be found guilty, generally, and condemned to be confined for the space of one month, in irons, to a fine of £5, and to banishment from the colony. This result was not attained without strong resistance from Winthrop, who strove to mitigate the punishment to a fine, and from Endicott, who endeavored to obtain remission of the banishment; but in vain—the vehemence of Dudley, and the insinuations of Spikeman, overbore all opposition.

Upon the conclusion being arrived at, Joy was placed again before the Governor, who, with a grieved look, pronounced sentence, and immediately dismissed the Court.

CHAPTER II.