eof 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 L5, 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 c