FOOTNOTES:
[37] No doubt the movement that culminated in b below was already under way.
[38] See b above.
[39] The first document under this number should logically be a repetition of the Cambridge Agreement, above.
[40] Observe the setting off of this "lady" from the women of the gentry families. A like sequence occurs below. Hawthorne's Grandfather's Chair has acquainted all young people with the story of Lady Arbella.
[41] Dunkirk was held by Spain, with whom England was still practically at war. Ships from Dunkirk preyed upon English commerce in the Channel.
[42] Winthrop uses the official plural, for the dignity of his office. The first person was soon discarded for the third.
[43] Two ministers, a teacher and a pastor, were customary. The differences in duties were not very important.
[44] But cf. the entry for November 22, 1632, when no such protestation is made: "A fast was held by the congregation of Boston, and Mr. Wilson (formerly their teacher) was chosen pastor and —— Oliver a ruling elder; and both were ordained by imposition of hands." This illustrates the gradual tendency to separate from the Church of England.
[45] This is an old use of the word family, to include Winthrop's many dependents, even married servants.
[46] The Lady Arbella was of the house of Lincoln.
[XIII. DEVELOPMENT OF DEMOCRACY, 1630-1644]
63. The Oligarchic Usurpation
Records of the Governor and Company of Massachusetts Bay, I (under dates given). Cf. Introduction to No. 57.
(1) [The First Court of Assistants, Charlestown, August, 23/September 2, 1630.]
... It was ordered that the Governor and Deputy Governor, for the tyme being, shall alwaies be justices of the peace, and that Sir Rich: Saltonstall, Mr. Johnson, Mr. Endicott, and Mr. Ludlowe shalbe justices of the peace for the present tyme, in all things to have like power that justices of the peace hath in England for reformacion of abuses and punishing of offenders; and that any justice of the peace may imprison an offender, but not inflict any corporall punishment without the presence and consent of some one of the Assistants.[47]
(2) [October 19/29, 1630.]
A General Court, holden att Boston. [The first General Court in America.]
- Present,
- The Governor [Winthrop]
- Deputy Governor [Dudley]
- Sir Richard Saltonstall
- Mr. Ludlowe
- Capt. Endicott
- Mr. Nowell
- Mr. Pinchon
- Mr. Bradstreete
- [all magistrates]
For establishinge of the government. It was propounded if it were not the best course that the ffreemen should have the power of chuseing Assistants, when there are to be chosen, and the Assistants from amongst themselves to chuse a Governor and Deputy Governor, whoe with the Assistants should have the power of makeing lawes and chuseing officers to execute the same. This was fully assented unto by the generall vote of the people and ereccion of hands.
[Two charter provisions are here violated. The italicized clause was further explained the next May by another unconstitutional decree of the Assistants making themselves life-officers, unless removed for cause ((4) below).
There were present, qualified to vote, the eight magistrates named above, and certainly not more than one or two other "freemen,"—probably no one except the Assistants. The "people" referred to in the final sentence were probably the 109 men who came to this Court to ask to be admitted "freemen." Apparently they were asked, in turn, whether they would agree to this new law; and (not knowing the charter rights of freemen, anyway) they consented. Even so, they were not admitted until May of the next year. Cf. American History and Government, § 62.]
(3) [March 8/18, 1630/31.]
Att a Court [of Assistants] att Waterton
... Further, (in regard the number of Assistants are but fewe; and some of them goeing for England,) it was therefore ordered that whensoever the number of Assistants resident within the lymitts of this jurisdiccion shalbe fewer than 9, it shalbe lawfull for the major parte of them to keepe a Court, and whatsoever orders or acts they make shalbe as legall and authenticall as if there were the full number of 7 or more....
[Queries: What charter provision did this law "violate"? Why did not the government instead increase the number of Assistants toward the number prescribed in the charter?]
(4) [May 18/28, 1631.]
A General Court, holden att Boston
[Old governor and deputy reëlected.]
For explanacion of an order made the last Generall Court ... it was ordered nowe, with full consent of all the commons then present, that once in every yeare, att least, a Generall Court shalbe holden; att which Court it shalbe lawfull for the commons to propound any ... persons whom they shall desire to be chosen Assistants [provision for voting on such new nominations by "poll,"—vive-voce]. The like course [of voting] to be holden when they, the said commons, shall see cause for any defect or misbehavior to remove any one or more of the Assistants. And, to the end the body of the commons may be preserved of honest and good men, it was likewise ordered ... that, for time to come, noe man shalbe admitted to the freedome of this body polliticke but such as are members of some of the churches within the lymitts of the same....
[The italicized clause in the above entry is the one which indirectly established a life-tenure for Assistants, contrary to the charter provision for annual reëlection of all such officers. The "commons" were to be permitted to suggest and choose new Assistants (since the charter-number of eighteen was far from full), but, once elected, the Assistant held until deposed for cause.
At this same court, 116 freemen were elected, including those who had so applied in the preceding October. Whether this admission was before or after the legislation given above is wholly uncertain from the Records; but the natural inference is that the applicants were asked to assent to these changes also as a prerequisite to admission. After this meeting, voters are always referred to as "freemen." The words "people" and "commons" used in these records of October, 1630, and May, 1631, refer, presumably, to people not yet admitted to the political corporation.]
64. The First "Popular" Movement—Watertown Protest, 1632
Winthrop's History of New England (under dates given).
Cf. introductory statements to No. 62 a above.
Winthrop's bias for aristocratic organization in politics and in industry appears always in most naïve unconsciousness;[48] but his fine candor and magnanimity make his book as attractive as it is valuable.
[November 23, 1631.] The congregation at Watertown (whereof Mr. George Phillips was pastor) had chosen one Richard Brown for their elder, before named, who, persisting in his opinion of the truth of the Romish church, and maintaining other errors withal, and being a man of a very violent spirit, the court wrote a letter to the congregation, directed to the pastor and brethren, to advise them to take into consideration, whether Mr. Brown were fit to be continued their elder or not; to which, after some weeks, they returned answer to this effect: That if we would take the pains to prove such things as were objected against him, they would endeavour to redress them.
[The dissensions in the Watertown church soon led to a more active interference by the government of the colony. The party of the elder and pastor plainly resented this interference. There may be some connection between that fact and the following famous "remonstrance" in the matter of taxation.]
[1631/2. February 17.] The governour and assistants called before them, at Boston, divers of Watertown; the pastor and elder by letter, and the others by warrant. The occasion was, for that a warrant being sent to Watertown for levying of £8, part of a rate of £60, ordered for the fortifying of the new town, the pastor and elder, etc., assembled the people and delivered their opinions, that it was not safe to pay moneys after that sort, for fear of bringing themselves and posterity into bondage. Being come before the governour and council, after much debate, they acknowledged their fault, confessing freely, that they were in an error, and made a retractation and submission under their hands, and were enjoined to read it in the assembly the next Lord's day. The ground of their error was, for that they took this government to be no other but as of a mayor and aldermen, who have not power to make laws or raise taxations without the people; but understanding that this government was rather in the nature of a parliament, and that no assistant could be chosen but by the freemen, who had power likewise to remove the assistants and put in others, and therefore at every general court (which was to be held once every year) they had free liberty to consider and propound anything concerning the same, and to declare their grievances, without being subject to question, or, etc., they were fully satisfied; and so their submission was accepted, and their offence pardoned.
[Winthrop was overconfident. The Watertown men must soon have recovered from the browbeating he had given them. May 1, Winthrop called together the Assistants informally at his house, and warned them "that he had heard the people intended at the next court to desire that the Assistants might be chosen anew every year, and that the governor might be chosen by the whole court, and not by the Assistants only. Upon this, Mr. Ludlow grew into a passion, and said that then we should have no government, but there would be an interim wherein every man might do what he pleased." The others, however, did not anticipate quite such deplorable results, and wisely concluded to submit. The results appear in the following entry.]
[May 8, 1632.] A general court at Boston. Whereas it was (at our first coming) agreed, that the freemen should choose the assistants, and they the governour, the whole court agreed now, that the governour and assistants should all be new chosen every year by the general court, (the governour to be always chosen out of the assistants;) and accordingly the old governour, John Winthrop, was chosen; accordingly all the rest as before, and Mr. Humfrey and Mr. Coddington also, because they were daily expected....
... A proposition was made by the people that every company of trained men might choose their own captain and officers; but the governor giving them reasons to the contrary, they were satisfied without it.
Every town chose two men to be at the next court, to advise with the governour and assistants about the raising of a public stock, so as what they should agree upon should bind all, etc.
[The facts about this meeting of the General Court are given even more briefly in the Records, but in agreement with these statements of Winthrop. The Records omit, naturally, all reference to the preceding action at Watertown, which explains these reforms. The freemen had now recovered the right to choose all magistrates annually, together with some direct local control over taxation; but the lawmaking power was still retained, unconstitutionally, by the Assistants.]
65. Legislation and Administration by the "Assistants," 1630-1633
Records of Governor and Company of Massachusetts Bay, I (under dates given).
These extracts show the moral and economic ideas of the ruling class. The extracts are all taken from records of the Courts of Assistants, meeting at Charlestown or Boston.
(1) [August 23/September 2, 1630. The first "court" after the arrival of Winthrop.]
... It was ordered that carpenters, joyners, brickelayers, sawers, and thatchers shall not take above 2 s. a day, nor any man shall give more, under paine of X s....
(2) [September 28/October 8, 1630.]
... It is ordered that labourers [i.e., unskilled] shall not take above 12 d. a day for their worke, and not above 6d. and meate and drinke, under paine of X s....
(3) [November 30/December 10, 1630.]
... It is ordered that John Baker shalbe whipped for shooteing att fowle on the Sabbath day, etc.
[No law had been made regarding such an offense. This is an instance of an ex post facto law, made by the magistrates in imposing sentence.]
(4) [March 1/11, 1630/1631.]
... It is ordered that Mr. Aleworth, Mr. Weaver, Mr. Plastowe, Mr. Shuter, Cobbett, and Wormewood shalbe sent into England by the shipp Lyon, or soe many of them as the ship can carry, the rest to be sent thither by the 1st of May nexte, if there be opportunitie of shipping, if not, by the nexte shipp that returnes for England, as persons unmeete to inhabit here; and that Sir Christopher Gardner and Mr. Wright shalbe sent as prisoners into England by the shipp Lyon, nowe returneing thither.
[The two last named had been "tried" after a fashion. For the others, apparently, there was not even a form of trial, with or without a jury. The banishment was executive, not judicial.]
(5) [March 22/April 1, 1630/1631.]
... It is ordered, (that whereas the wages of carpenters, joyners, and other artificers and workemen, were by order of Court restrayned to particular sommes) [wages] shall nowe be lefte free and att libertie as men shall reasonably agree.
Further, it is ordered, that every toune within this pattent shall, before the 5th of Aprill nexte, take espetiall care that every person within their toune, (except magistrates and ministers,) as well servants as others, [be] furnished with good and sufficient armes allowable by the captain or other officers, those that want and are of abilitie to buy them themselves, others that are unable to have them provided by the toune, for the present, and after to receive satisfacion for that they disburse when they shalbe able.
It is likewise ordered that all persons whatsoever that have cards, dice, or [gaming] tables in their howses, shall make away with them before the nexte Court....
(6) [May 3/13, 1631.]
It is ordered, that John Legge, servant to Mr. Humfry, shalbe severely whipped this day att Boston, and afterwards, soe soone as conveniently may be, att Salem, for strikeing Richard Wright, when hee came to give him correccion for idleness in his maisters worke.
[Apparently Wright (who was not even the "master" of Legge) had struck first (that being the usual meaning of "give correction"); but a servant must not strike back.]
(7) [June 14/24, 1631.]
It is ordered, that Phillip Ratliffe shalbe whipped, have his eares cutt of, fyned 40 £, and banished out of the lymitts of this jurisdiccion, for uttering mallitious and scandulous speeches against the government and the church of Salem, etc., as appeareth by a particular thereof, proved upon oath.
[Apparently no jury trial was permitted in this case (or in several other equally serious cases noted in the early Records). For the definite establishment of the jury, see No. 67 b, below. It was already in use, however, in capital trials. (Cf. American History and Government, § 80.) The extracts from the Massachusetts Records regarding those early cases are too long to give here.]
(8) [July 26/August 5, 1531.]
... It is ordered, that Josias Plaistowe shall (for stealing 4 basketts of corne from the Indians) returne them 8 basketts againe, be ffined V £, and hereafter to be called by the name of Josias, and not Mr., as formerly hee used to be; and that William Buckland and Thomas Andrewe shalbe whipped for being accessary to the same offence.
[These two men were servants of Plaistowe. Cf. American History and Government, § 65, on the exemption of gentlemen from corporal punishment; and also No. 78, note 43, below.]
(9) [July 2/12, 1633.]
... It is ordered, that it shalbe lawfull for any man to kill any swine that comes into his corne: the party that ownes the swine is to have them, being kild, and allowe recompence for the damage they doe, etc....
(10) [September 3/13, 1633.]
Roberte Coles is ffined X £, and enjoyned to stand with a white sheete of paper on his back, wherein a drunkard shalbe written in greate letteres, and to stand therewith soe longe as the Court thinks meete, for abuseing himselfe shamefully with drinke.
[Cowles did not reform. A Court of March 4/14, 1633/34, passed the following sentence upon him:—
"It is ordered, that Roberte Coles, for drunkeness by him committed att Rocksbury, shalbe disfranchized, weare about his necke, and soe to hange upon his outward garment, a D, made of redd cloath, and sett upon white; to contynue this for a yeare, and not to leave it of att any tyme when hee comes amongst company, under the penalty of XI s for the first offence, and V £ the second, and after to be punished by the Court as they thinke meete; also, hee is to weare the D outwards, and is enjoyned to appeare att the nexte Generall Court, and to contynue there till the Court be ended."
Cowles seems to have been one of the early democratic agitators. The Records show that he was one of the deputies chosen in May, 1632, to help assess taxes. Possibly he had made himself obnoxious in such fashion to these aristocratic judges.]
(11) [October 1/11, 1633.]
It is ordered, that maister carpenters, sawers, masons, clapboard-ryvers, brickelayers, tylars, joyners, wheelwrights, mowers, etc., shall not take above 2 s. a day, findeing themselves dyett, and not above 14 d. a day if they have dyett found them, under the penalty of V s., both to giver and receaver, for every day that there is more given and receaved. Also, that all other inferior workemen of the said occupacions shall have such wages as the constable of the said place, and 2 other inhabitants, that hee shall chuse, shall appoynet.
Also, it is agreed, that the best sorte of labourers shall not take above 18 d. a day if they dyett themselves, and not above 8 d. a day if they have dyett found them, under the aforesaid penalty, both to giver and receaver.
Likewise, that the wages of inferior labourers shalbe referd to the constable and 2 other, as aforesaid.
Maister taylours shall not take above 12d. a day, and the inferior sorte not above 8d. if they be dyeted, under the aforesaid penalty; and for all other worke they doe att home proporcionably, and soe for other worke that shalbe done ... by any other artificer.
Further, it is ordered, that all workemen shall worke the whole day, alloweing convenient tyme for foode and rest. This order to take place the 12th of this present moneth. [The "whole day" was from sun-rise to sun-set.]
It is further ordered, that noe person, howse houlder or other, shall spend his time idlely or unproffitably, under paine of such punishment as the Court shall thinke meete to inflicte; and for this end it is ordered, that the constable of every place shall use spetiall care and deligence to take knowledge of offenders in this kinde, espetially of common coasters, unprofittable fowlers, and tobacco takers, and to present the same to the 2 nexte Assistants, whoe shall have power to heare and determine the cause, or, if the matter be of importance, to transferr it to the Court.
[The following entries from Winthrop's History show the desperate feeling of the servants and the attitude of the gentry class at this time:—
"August 6, 1633. Two men servants to one Moodye, of Roxbury, returning in a boat from the windmill, struck upon the oyster bank. They went out to gather oysters, and, not making fast their boat, when the flood came, it floated away, and they were both drowned, although they might have waded out on either side; but it was an evident judgment of God upon them, for they were wicked persons. One of them, a little before, being reproved for his lewdness, and put in mind of hell, answered, that if hell were ten times hotter, he had rather be there than he would serve his master, etc. The occasion was, because he had bound himself for divers years, and saw that, if he had been at liberty, he might have had greater wages, though otherwise his master used him very well.
"November, 1633. ... The scarcity of workmen had caused them to raise their wages to an excessive rate, so as a carpenter would have three shillings the day, a laborer two shillings and sixpence, etc.; and accordingly those who had commodities to sell advanced their prices sometime double to that they cost in England, so as it grew to a general complaint, which the court, taking knowledge of, as also of some further evils, which were springing out of the excessive rate of wages, they made an order, that carpenters, masons, etc., should take but two shillings the day, and laborers but eighteen pence, and that no commodity should be sold at above four pence in the shilling more than it cost for ready money in England; oil, wine, etc., and cheese (in regard of the hazard of bringing, etc.,) excepted. ..."
Winthrop, no doubt, put the cart before the horse. The increased cost of all European goods, due to high freights, necessitated higher wages; but Winthrop resents any attempt of the laborers to ask more than their old European wages.]
66. The Beginning of Town Government in Massachusetts, 1633
Dorchester Town Records, p. 3.
For some three years after the great migration of 1630, the eight Massachusetts "towns" were governed wholly by the central colonial authority,—the courts of Assistants and the General Courts,—and by officers appointed by this central authority. The entry below marks the beginning of local self-government. The Dorchester Records, it is true, contain notice of four earlier meetings to regulate pasturage or the division of town lands (cf. one such Boston meeting later; No. 73 b); but here we have a formal assumption of government by periodic town meetings and "select men." The next town to act in a like way was Watertown (cf. No. 83, opening). Later (cf. No. 78, law 66), the central government accepted this establishment of local government, giving it the sanction of law. On the history of this movement, see American History and Government, §§ 71-74.
An agreement made by the whole consent and vote of the Plantation made Mooneday 8th of October, 1633.
Inprimus it is ordered that for the generall good and well ordering of the affayres of the Plantation their shall be every Mooneday before the Court by eight of the Clocke in the morning, and presently upon the beating of the drum, a generall meeting of the inhabitants of the Plantation att the meeteing house, there to settle (and sett downe) such orders as may tend to the generall good as aforesayd; and every man to be bound thereby without gaynesaying or resistance. It is also agreed that there shall be twelve men selected out of the Company that may or the greatest part of them meete as aforesayd to determine as aforesayd, yet so as it is desired that the most of the Plantation will keepe the meeteing constantly and all that are there although none of the Twelve shall have a free voyce as any of the 12 and that the greate[r] vote both of the 12 and the other shall be of force and efficasy as aforesayd. And it is likewise ordered that all things concluded as aforesayd shall stand in force and be obeyed untill the next monthely meeteing and afterwardes if it be not contradicted and other wise ordered upon the sayd monthley meete[ing] by the greatest parts of those that are present as aforesayd.
67. Representative Central Government Established, 1634
a. Winthrop's Account
Winthrop's History of New England, under dates given. Cf. Introduction to No. 64 for Winthrop's bias.
For the outline of the whole story, cf. American History and Government, § 64.
[April 1, 1634.] ... Notice being sent out of the general court to be held the 14th day of the third month, called May, the freemen deputed two of each town to meet and consider of such matters as they were to take order in at the same general court; who, having met, desired a sight of the patent, and, conceiving thereby that all their laws should be made at the general court, repaired to the governour to advise with him about it, and about the abrogating of some orders formerly made, as for killing of swine in corn,[49] etc. He told them, that, when the patent was granted, the number of freemen was supposed to be (as in like corporations) so few, as they might well join in making laws; but now they were grown to so great a body, as it was not possible for them to make or execute laws, but they must choose others for that purpose: and that howsoever it would be necessary hereafter to have a select company to intend that work, yet for the present they were not furnished with a sufficient number of men qualified for such a business; neither could the commonwealth bear the loss of time of so many as must intend it. Yet this they might do at present, viz., they might, at the general court, make an order, that, once in the year, a certain number should be appointed (upon summons from the governour) to revise all laws, etc., and to reform what they found amiss therein; but not to make any new laws, but prefer their grievances to the court of assistants; and that no assessment should be laid upon the country without the consent of such a committee, nor any lands disposed of....
[May 14.] At the general court, Mr. Cotton preached, and delivered this doctrine, that a magistrate ought not to be turned into the condition of a private man without just cause, and to be publicly convict, no more than the magistrates may not turn a private man out of his freehold, etc., without like public trial, etc. This falling in question in the court, and the opinion of the rest of the ministers being asked, it was referred to further consideration.
The court chose a new governour, viz., Thomas Dudley,[50] Esq., the former deputy; and Mr. Ludlow was chosen deputy; and John Haines, Esq., an assistant, and all the rest of the assistants chosen again.
At this court it was ordered, that four general courts should be kept every year, and that the whole body of the freemen should be present only at the court of election of magistrates, etc., and that, at the other three, every town should send their deputies, who should assist in making laws, disposing lands, etc. Many good orders were made by this court. It held three days, and all things were carried very peaceably, notwithstanding that some of the assistants were questioned by the freemen for some errors in their government, and some fines imposed, but remitted again before the court broke up. The court was kept in the meeting house at Boston, and the new governour and the assistants were together entertained at the house of the old governour, as before.
b. The Colony Records
(1) [An Attempt of the Oligarchic Government to hold the Allegiance of all Inhabitants by an Oath.]
The Oath for all Inhabitants prescribed at a Court of Assistants at Boston, April 1/11, 1634.
I doe heare sweare, and call God to witnes, that, being nowe an inhabitant within the lymitts of this jurisdiccion of the Massachusetts, I doe acknowledge myselfe lawfully subject to the aucthoritie and goverment there established and doe accordingly submitt my person, family, and estate, to be protected, ordered, and governed by the lawes and constitucions thereof, and doe faithfully promise to be from time to time obedient and conformeable thereunto, and to the aucthoritie of the Governor, and all other the magistrates there, and their successors, and to all such lawes, orders, sentences, and decrees, as nowe are or hereafter shalbe lawfully made, decreed, and published by them or their successors. And I will alwayes indeavor (as in duty I am bound) to advance the peace and wellfaire of this body pollitique, and I will (to my best power and meanes) seeke to devert and prevent whatsoever may tende to the ruine or damage thereof, or of the Governor, Deputy Governor, or Assistants, or any of them or their successors, and will give speedy notice to them, or some of them, of any sedicion, violence, treacherie, or other hurte or evill which I shall knowe, heare, or vehemently suspect to be plotted or intended against them or any of them, or against the said Commonwealth or goverment established. Soe helpe mee God.
(2) [The Revolutionary General Court of May 14/24, 1634.]
This court opens with a list of those present, giving, after the names of the Assistants, twenty-four other names written in different columns, before the usual word Generalitie. These twenty-four seem to have come, by threes, from each of the eight towns. It is quite certain that they were "deputies" sent for the purpose by the towns. Cf. American History and Government, § 64.
Oath of Freemen
I (A. B.), being, by Gods providence, an inhabitant and ffreeman within the jurisdiccion of this commonweale, doe freely acknowledge my selfe to be subject to the goverment there of, and therefore doe heere sweare, by the greate and dreadfull name of the everlyveing God, that I wilbe true and faithfull to the same, and will accordingly yeilde assistance and support thereunto, with my person and estate, as in equity I am bound, and will also truely indeavor to mainetaine and preserve all the libertyes and previlidges thereof, submitting my selfe to the wholesome lawes and orders made and established by the same; and further, that I will not plott nor practise any evill against it, nor consent to any that shall soe doe, but will timely discover and reveale the same to lawful aucthority nowe here established, for the speedy preventing thereof. Moreover, I doe solemnely bynde myselfe, in the sight of God, that when I shalbe called to give my voice touching any such matter of this state, wherein ffreemen are to deale, I will give my vote and suffrage, as I shall judge in myne oune conscience may best conduce and tend to the publique weale of the body, without respect of persons, or favor of any man. Soe helpe mee God, in the Lord Jesus Christ.[51]
Further, it is agreed, that none but the Generall Court hath power to chuse and admitt ffreemen.
That none but the Generall Court hath power to make and establishe lawes, nor to elect and appoynct officers, as Governor, Deputy Governor, Assistants, Tresurer, Secretary, Captain, Leiuetenants, Ensignes, or any of like moment, or to remove such upon misdemeanor, as also to sett out the dutyes and powers of the said officers.
That none but the Generall Court hath power to rayse moneyes and taxes, and to dispose of lands, viz. to give and confirme proprietyes.
Thomas Dudley, Esq. was chosen Governor for this yeare nexte ensueing, and till a newe be chosen, and did, in presence of the Court, take an oath to his said place belonginge....
It is agreed, that there shalbe ten pounds ffine sett upon the Court of Assistants, and Mr. Mayhewe, for breach of an order of Court against imployeing Indeans to shoote with peeces, the one halfe to be payde by Mr. Pinchon and Mr. Mayhewe, offending therein, the other halfe by the Court of Assistants then in being, who gave leave thereunto.
It was further ordered, that the constable of every plantacion shall, upon process receaved from the Secretary, give timely notice to the ffremen of the plantacion where hee dwells to send soe many of their said members as the process shall direct, to attend upon publique service; and it is agreed that no tryall shall passe upon any, for life or banishment, but by a jury soe summoned, or by the Generall Courte.
It is likewise ordered that there shalbe foure Generall Courts held yearely, to be summoned by the Governor, for the tyme being, and not to be dissolved without the consent of the major parte of the Court.
It was further ordered that it shalbe lawfull for the ffremen of every plantacion to chuse two or three of each towne before every Generall Court, to conferre of and prepare such publique busines as by them shalbe thought fitt to consider of att the nexte Generall Court, and that such persons as shalbe hereafter soe deputed by the ffreemen of [the] severall plantacions, to deale in their behalfe, in the publique affayres of the commonwealth, shall have the full power and voyces of all the said ffreemen, deryved to them for the makeing and establishing of lawes, graunting of lands, etc., and to deale in all other affaires of the commonwealth wherein the ffreemen have to doe, the matter of election of magistrates and other officers onely, excepted, wherein every freeman is to gyve his owne voyce.[52]
All former orders concerneing swine are repealed. And it is agreed that every towne shall have liberty to make such orders aboute swine as they shall judge best for themselves, and that if the swine of one towne shall come within the lymitts of another, the owners thereof shalbe lyeable to the orders of that towne where their swine soe trespasseth....
68. Reaction: The Aristocratic Veto
Winthrop's History of New England.
[September 4, 1634.] The general court began at Newtown, and continued a week, and then was adjourned fourteen days. Many things were there agitated. ... But the main business, which spent the most time, and caused the adjourning of the court, was about the removal of Newtown [to Connecticut]....
Upon these and other arguments the court being divided, it was put to vote; and, of the deputies, fifteen were for their departure, and ten against it. The governour and two assistants were for it, and the deputy and all the rest[53] of the assistants were against it, (except the secretary, who gave no vote;) whereupon no record was entered, because there were not six assistants in the vote,[53] as the patent requires. Upon this grew a great difference between the governour and assistants, and the deputies. They would not yield the assistants a negative voice, and the others (considering how dangerous it might be to the commonwealth, if they should not keep that strength to balance the greater number of the deputies) thought it safe to stand upon it. So, when they could proceed no farther, the whole court agreed to keep a day of humiliation to seek the Lord, which accordingly was done, in all the congregations, the 18th day of this month; and the 24th the court met again. Before they began, Mr. Cotton preached, (being desired by all the court, upon Mr. Hooker's instant excuse of his unfitness for that occasion). He took his text out of Hag. ii, 4, etc., out of which he laid down the nature or strength (as he termed it) of the magistracy, ministry, and people, viz.,—the strength of the magistracy to be their authority; of the people, their liberty; and of the ministry, their purity; and showed how all of these had a negative voice, etc., and that yet the ultimate resolution, etc., ought to be in the whole body of the people, etc., with answer to all objections, and a declaration of the people's duty and right to maintain their true liberties against any unjust violence, etc., which gave great satisfaction to the company. And it pleased the Lord so to assist him, and to bless his own ordinance, that the affairs of the court went on cheerfully; and although all were not satisfied about the negative voice to be left to the magistrates, yet no man moved aught about it, and the congregation of Newtown came and accepted of such enlargement as had formerly been offered them by Boston and Watertown; and so the fear of their removal to Connecticut was removed. ... At this court were many laws made against tobacco, and immodest fashions, and costly apparel,[54] etc., as appears by the Records: and £600 raised towards fortifications and other charges....
69. Right of Free Speech Denied
Winthrop's History of New England.
March 4, 1634 [1635] ... At this court, one of the deputies was questioned for denying the magistracy among us, affirming that the power of the governour was but ministerial, etc. He had also much opposed the magistrates, and slighted them, and used many weak arguments against the negative voice, as himself acknowledged upon record. He was adjudged by all the court to be disabled for three years from bearing any public office....
[This was Israel Stoughton, deputy from Dorchester (see No. 70, below). Afterward Stoughton was an officer in Cromwell's original regiment of Ironsides.
Winthrop wrote a pamphlet in favor of the negative voice; but for this he was not called to account.]
70. Formal Adoption of the Ballot in Elections in the General Court
Winthrop's History of New England. For the one earlier instance, cf. No. 67 a and note.
[May 6/16, 1635.] A general court was held at Newtown, where John Haynes, Esq., was chosen governour, Richard Bellingham, Esq., deputy governour, and Mr. Hough and Mr. Dummer chosen assistants to the former; and Mr. Ludlow, the late deputy, left out of the magistracy. The reason was, partly, because the people would exercise their absolute power, etc., and partly upon some speeches of the deputy, who protested against the election of the governour as void, for that the deputies of the several towns had agreed upon the election before they came, etc.[55] But this was generally discussed, and the election adjudged good.
Mr. Endecott was also left out, and called into question about the defacing the cross in the ensign....
The governour and deputy were elected by papers, wherein their names were written; but the assistants were chosen by papers, without names, viz. the governour propounded one to the people; then they all went out, and came in at one door, and every man delivered a paper into a hat. Such as gave their vote for the party named, gave in a paper with some figures or scroll in it; others gave in a blank.
A petition was preferred by many of Dorchester, etc., for releasing the sentence against Mr. Stoughton the last general court; but it was rejected, and the sentence affirmed by the country to be just....
71. Secret Ballot in a Local Election, because of Democratic and Aristocratic Jealousies
Winthrop's History of New England.
The use of the ballot noted in No. 70 was not the first in New England. An earlier instance in the General Court of the year before has been noted (No. 67 a, note), and the following extract shows an instance of its use in a town election, along with other interesting political data. On the matter of the ballot, cf. American History and Government, § 77.
December 11, 1634. This day after the lecture,[56] the inhabitants of Boston met to choose seven men who should divide the town lands among them. They chose by papers, and, in their choice, left out Mr. Winthrop, Coddington, and other of the chief men; only they chose one of the elders and a deacon, and the rest of the inferior sort, and Mr. Winthrop had the greater number before one of them by a voice or two. This they did, as fearing that the richer men would give the poorer sort no great proportions of land, but would rather leave a great part at liberty for new comers and for common, which Mr. Winthrop had oft persuaded them unto, as best for the town, etc. Mr. Cotton and divers others were offended at this choice, because they declined the magistrates; and Mr. Winthrop refused to be one upon such an election as was carried by a voice or two, telling them, that though, for his part, he did not apprehend any personal injury, nor did doubt of their good affection towards him, yet he was much grieved that Boston should be the first who should shake off their magistrates, especially Mr. Coddington, who had been always so forward for their enlargement; adding further reason of declining this choice, to blot out so bad a precedent. Whereupon, at the motion of Mr. Cotton, who showed them, that it was the Lord's order among the Israelites to have all such businesses committed to the elders, and that it had been nearer the rule to have chosen some of each sort, etc., they all agreed to go to a new election, which was referred to the next lecture day.[57]
72. Martial Law
Records of the Governor and Company of Massachusetts Bay.
Att a Generall Court holden at NeweTowne, March 11th, 1634 [March 21, 1635.]
It is ordered, that the present Governor, Deputy Governor, John Winthrop, John Humfry, John Haynes, John Endicott, William Coddington, William Pinchon, Increase Nowell, Richard Bellingham, Esquire, and Simon Birdstreete, or the major parte of them, whoe are deputed by this Court to dispose of all millitary affaires whatsoever, shall have full power and aucthority to see all former lawes concerneing all military men and municion executed, and also shall have full power to ordeyne or remove all millitary officers, and to make and tender to them an oathe suteable to their places, to dispose of all companyes, to make orders for them, and to make and tender to them a suteable oath, and to see that strickt dissipline and traineings be observed, and to command them forth upon any occacion they thinke meete, to make either offensive or defensive warr, as also to doe whatsoever may be further behoofefull, for the good of this plantacion, in case of any warr that may befall us, and also that the aforesaid commissioners, or the major parte of them, shall have power to imprison or confine any that they shall judge to be enemyes to the commonwealth, and such as will not come under command or restrainte, as they shalbe required, it shalbe lawfull for the said commissioners to putt such persons to death. This order to continue till the end of the next Generall Court.
[At the next Court (May, 1635; the same to which Winthrop refers in No. 70, above), this committee with its authority was continued for one year, though this power was wholly unauthorized by the charter. The reason was a desire to be prepared to resist a "General Governor" from England. Cf. American History and Government, § 61.]
73. Life Council; Proxies; "Approved" Churches
Winthrop's History of New England.
April 7, 1636. At a general court it was ordered that a certain number of the magistrates should be chosen for life (the reason was, for that it was showed from the word of God, etc., that the principal magistrates ought to be for life).[58] ... It was likewise ordered ... that, in regard of the scarcity of vituals, the remote towns should send their votes by proxy to the court of elections,[59] and that no church ... should be allowed ... that was gathered without consent of the churches and magistrates.[60]
74. The Wheelwright Controversy (Political Aspects)
Winthrop's History of New England.
May 17, 1637. Our court of elections was at Newtown. So soon as the court was set, being about one of the clock, a petition was preferred by those of Boston. The governour would have read it, but the deputy said it was out of order; it was a court for elections, and those must first be despatched, and then their petitions should be heard. Divers others also opposed that course, as an ill precedent, etc.; and the petition, being about pretence of liberty, etc., (though intended chiefly for revoking the sentence given against Mr. Wheelwright,) would have spent all the day in debate, etc.; but yet the governour and those of that party would not proceed to election, except the petition was read. Much time was already spent about this debate, and the people crying out for election, it was moved by the deputy, that the people should divide themselves, and the greater number must carry it. And so it was done, and the greater number by many were for election. But the governour [Vane] and that side kept their place still, and would not proceed. Whereupon the deputy [Winthrop] told him, that, if he would not go to election, he and the rest of that side would proceed. Upon that, he came from his company, and they went to election; and Mr. Winthrop was chosen governour, Mr. Dudley deputy, and Mr. Endecott of the standing council; and Mr. Israel Stoughton and Mr. Richard Saltonstall were called in to be assistants; and Mr. Vane, Mr. Coddington, and Mr. Dummer, (being all of that faction,) were left quite out.
There was great danger of a tumult that day; for those of that side grew into fierce speeches, and some laid hands on others; but seeing themselves too weak, they grew quiet. They expected a great advantage that day, because the remote towns were allowed to come in by proxy; but it fell out, that there were enough beside. But if it had been otherwise, they must have put in their deputies, as other towns had done, for all matters beside elections. Boston, having deferred to choose deputies till the election was passed, went home that night, and the next morning they sent Mr. Vane, the late governour, and Mr. Coddington, and Mr. Hoffe, for their deputies; but the court, being grieved at it, found a means to send them home again, for that two of the freemen of Boston[61] had not notice of the election. So they went all home, and the next morning they returned the same gentleman again upon a new choice; and the court not finding how they might reject them, they were admitted....
75. Political and Social Conditions in New England before 1660
a. Correspondence between Cotton and Certain English Lords, 1636
Thomas Hutchinson's History of Massachusetts Bay (1769), App. II.
In 1636, certain Puritan lords in England sent to John Cotton in Massachusetts a series of conditions upon which they might come to live in the colony. Cotton prepared the answers, with "such leading men as [he] thought meete to consult."
CERTAIN Proposals made by LORD SAY, LORD BROOKE, and other Persons of quality, as conditions of their removing to NEW-ENGLAND, with the answers thereto.
Demand 1. That the Commonwealth should consist of two distinct ranks of men,—whereof the one should be (for them and their heirs) gentlemen of the country; the other (for them and their heirs) freeholders.
Answer. Two distinct ranks we willingly acknowledge, from the light of nature and scripture; the one of them called Princes or Nobles, or Elders (amongst whom gentlemen have their place); the other, the people. Hereditary dignity or honours we willingly allow to the former, unless by the scandalous and base conversation of any of them, they become degenerate. Hereditary liberty, or estate of freemen, we willingly allow to the other, unless they also, by some unworthy and slavish carriage, do disfranchize themselves.
Dem. 2. That in these gentlemen and freeholders, assembled together, the chief power of the Commonwealth shall be placed, both for making and repealing laws.
Ans. So it is with us.
Dem. 3. That each of these two ranks should, in all public assemblies, have a negative voice, so as without a mutuall consent nothing should be established.
Ans. So it is agreed among us.
Dem. 4. That the first rank (consisting of gentlemen) should have power, for them and their heirs, to come to the parliaments or public assemblies, and there to give their free votes personally; the second rank (of freeholders) should have the same power for them and their heirs of meeting and voting, but by their deputies.
Ans. Thus far this demand is practiced among us. The freemen meet and vote by their deputies; the other rank give their votes personally, only with this difference, there be no more of the gentlemen that give their votes personally but such as are chosen to places of office, either governors, deputy governors, councellors, or assistants. All gentlemen in England have not that honour to meet and vote personally in parliament, much less all their heirs. But of this more fully, in an answer to the ninth and tenth demand.
Dem. 5. That for facilitating and dispatch of business, and other reasons, the gentlemen and freeholders should sit and hold their meetings in two distinct houses.
Ans. We willingly approve the motion, only as yet it is not so practiced among us, but in time, the variety and discrepancy of sundry occurrences will put them upon a necessity of sitting apart.
Dem. 8. [The governor to be chosen from "gentlemen."]
Ans. We never practice otherwise, chusing the governor either out of the assistants, which is our ordinary course, or out of approved known gentlemen, as this year, Mr. Vane.
Dem. 9. That for the present, the Right Honorable the Lord Viscount Say and Seale, the Lord Brooke, who have already been at great disbursements for the public works in New-England, and such other gentlemen of approved sincerity and worth, as they, before their personal remove, shall take into their number, should be admitted for them and their heirs, gentlemen of the country. But for the future, none shall be admitted into this rank but by the consent of both houses.
Ans. The great disbursements of these noble personages and worthy gentlemen we thankfully acknowledge, because the safety and presence of our brethren at Connecticut is no small blessing and comfort to us. But, though that charge had never been disbursed, the worth of the honorable persons named is so well known to all, and our need of such supports and guides is so sensible to ourselves, that we do not doubt the country would thankfully accept it, as a singular favor from God and from them, if he should bow their hearts to come into this wilderness and help us. As for accepting them and their heirs into the number of gentlemen of the country, the custom of this country is, and readily would be, to receive and acknowledge, not only all such eminent persons as themselves and the gentleman they speake of, but others of meaner estate, so be it is of some eminency, to be for them and their heirs, gentlemen of the country. Only, thus standeth our case. Though we receive them with honor and allow them pre-eminence and accomodations according to their condition, yet we do not, ordinarily, call them forth to the power of election, or administration, of magistracy, until they be received as members into some of our churches, a privelege, which we doubt not religious gentlemen will willingly desire (as David did in Psal. xxvii. 4) and christian churches will as readily impart to such desirable persons. Hereditary honors both nature and scripture doth acknowledge (Eccles. x. 17.) but hereditary authority and power standeth only by the civil laws of some commonwealths, and yet even amongst them, the authority and power of the father is nowhere communicated, together with his honors, unto all his posterity. Where God blesseth any branch of any noble or generous family, with a spirit and gifts fit for government, it would be a taking of God's name in vain to put such a talent under a bushel, and a sin against the honor of magistracy to neglect such in our public elections. But if God should not delight to furnish some of their posterity with gifts fit for magistracy, we would expose them rather to reproach and prejudice, and the commonwealth with them, than exalt them to honor, if we should call them forth, when God doth not, to public authority....
[In Cotton's personal letter to Lord Say and Sele and Lord Brooke (Hutchinson's Massachusetts Bay (1765), App. III), a fuller statement as to some features of Massachusetts practice and theory is given. The English lords evidently objected to the restriction of citizenship to church members. They wanted less of theocracy and more of aristocracy. Cotton defends the middle course of the colony as follows:
... "Your Lordships advertisement touching the civill state of this colony, as they doe breath forth your singular wisdome, and faithfulness, and tender care of the peace, so wee have noe reason to misinterprite, or undervalue your Lordships eyther directions or intentions therein. I know noe man under heaven (I speake in Gods feare without flattery) whose counsell I should rather depend upon, for the wise administration of a civill state according to God, than upon your Lordship, and such confidence have I (not in you) but in the Lords presence in Christ with you, that I should never feare to betrust a greater commonwealth than this (as much as in us lyeth) under such a perpetuâ dictaturâ as your Lordship should prescribe. For I nothing doubt, but that eyther your Lordship would prescibe all things according to the rule, or be willing to examine againe, and againe, all things according to it. ... It is very suitable to Gods all-sufficient wisdome, and to the fulnes and perfection of Holy Scriptures, not only to prescribe perfect rules for the right ordering of a private mans soule to everlasting blessednes with himselfe, but also for the right ordering of a mans family, yea, of the commonwealth too, so farre as both of them are subordinate to spiritual ends, and yet avoide both the churches usurpation upon civill jurisdictions ... and the commonwealths invasion upon ecclesiasticall administrations ... Gods institutions (such as the government of church and of commonwealth may be) may be close and compact, and coördinate one with another, and yet not confounded. God hath so framed the state of church government and ordinances, that they may be compatible to any common-wealth, though never so much disordered in his frame. But yet when a commonwealth hath liberty to mould his owne frame ... I conceyve the scripture hath given full direction for the right ordering of the same. ... Mr. Hooker doth often quote a saying out of Mr. Cartwright (though I have not read it in him) that noe man fashioneth his house to his hangings, but his hangings to his house. It is better that the commonwealth be fashioned to the setting forth of Gods house, which is his church: than to accommodate the church frame to the civill state. Democracy, I do not conceyve that ever God did ordeyne as a fitt government eyther for church or commonwealth. If the people be governors, who shall be governed? As for monarchy, and aristocracy, they are both of them clearely approoved, and directed in scripture, yet so as referreth the soveraigntie to himselfe, and setteth up Theocracy in both, as the best forme of government in the commonwealth as well as in the church.
"The law, which your Lordship instanceth in [that none shall be chosen to magistracy among us but a church member] was made and enacted before I came into the country; but I have hitherto wanted sufficient light to plead against it. ... Your Lordship's feare that this will bring in papal excommunication, is just, and pious: but let your Lordship be pleased againe to consider whether the consequence be necessary....
"When your Lordship doubteth that this corse will draw all things under the determination of the church ... (seeing the church is to determine who shall be members, and none but a member may have to doe in the government of a commonwealth) be pleased (I pray you) to conceyve, that magistrates are neyther chosen to office in the church. ... Nor neede your Lordship feare (which yet I speake with submission to your Lordships better judgment) that this corse will lay such a foundation, as nothing but a mere democracy can be built upon it. Bodine confesseth, that though it be status popularis, where a people choose their owne governors, yet the government is not a democracy, if it be administered, not by the people, but by the governors, whether one (for then it is a monarchy, though elective) or by many, for then (as you know) it is aristocracy. ... Mean while two of the principall of [the requirements of the Lords], the generall cort hath already condescended unto. 1. In establishing a standing councell, who, during their lives, should assist the governor in managing the chiefest affayres of this little state. They have chosen, for the present, onely two (Mr. Winthrope and Mr. Dudley) nor willing to choose more, till they see what further better choyse the Lord will send over to them, that so they may keep an open doore for such desireable gentlemen as your Lordship mentioneth. 2. They have graunted the governor and assistants a negative voyce, and reserved to the freemen the like liberty also." ...]
b. Social Legislation, October 14, 1651
Records of Massachusetts Colony, IV, Pt. I, pages 60-61.
... "though we acknowledge it to be a matter of much difficultie, in regard of the blindnes of mens mindes and the stubbornes of their willes, to sett downe exact rules to confine all sorts of persons, yett wee cannot but account it our duty ... to declare our utter detestation ... that men or weomen of meane condition should take uppon them the garbe of gentlemen, by wearing gold or silver lace or buttons, or points at their knees, or to walk in great bootes, or weomen of the same rancke to weare silke or tiffany hoodes or scarfes, which though allowable to persons of greater estates or more liberall education, yett we cannot but judge it intollerable in persons of such like condition: it is therefore ordered by this Courte ... that no person ... whose visible estates ... shall not exceed ... two hundred pounds, shall weare any gold or silver lace [etc.] uppon the penaltie of tenn shillings for every such offence, and every such delinquent to be presented by the graund jury," [with long and detailed provisions for enforcement].
76. Some Relations with England, 1638
a. Attack upon the Massachusetts Charter
Thomas Hutchinson's Collection of Original Papers (1769), 105-106.
This is the last of several demands for the return of the charter between the years 1634 and 1638. Winthrop refers to it as "a very strict order." For the reasons why the colony "thought it safe" to disregard the order, and for the earlier history, cf. American History and Government, § 61.
A Coppie of a Letter sent by the appointment of the Lords of the Council to Mr. Winthrop, for the Patent of this Plantation to be sent to them.
At Whitehall April 4th 1638. Present,
- Lord Archbishop of Canterbury
- Lord Keeper
- Lord Treasurer
- Lord Privy Seale
- Earle Marshall
- Earle of Dorset
- Earle of Holland
- Lord Cottington
- Mr. Treasurer
- Mr. Controuler
- Mr. Secretary Cooke
- Mr. Secretary Windebank
This day the Lords Commissioners for foreign Plantations, taking into consideration that the petitions and complaints of his Majestys subjects, planters and traders in New-England, grow more frequent than heretofore for want of a settled and orderly government in those parts, and calling to mind that they had formerly given order about two or three years since to Mr. Cradock a member of that plantation, to cause the grant or letters patent of that plantation (alleadged by him to be there remaining in the hands of Mr. Winthrop) to be sent over hither, and that notwithstanding the same, the said letters patent were not as yet brought over: And their Lordships being now informed by Mr. Attorney General that a Quo Warranto had been by him brought according to former order against the said patent, and the same was proceeded to judgment against so many as had appeared, and that they which had not appeared, were outlawed.
Their lordships well approving of Mr. Attorney's care and proceeding therein did now resolve and order, that Mr. Meawtis, clerk of the council attendant upon the said commissioners for foreign plantations, should in a letter from himselfe to Mr. Winthrop inclose and convey this order unto him. And their Lordships hereby in his Majestys name, and according to his express will and pleasure, strictly require and enjoine the said Winthrop or any other in whose power and custody the said letters patent are, that they fail not to transmit the said patent hither by the returne of the ship in which the order is conveyed to them, it being resolved that in case of any further neglect or contempt by them shewed therein, their lordships will cause a strict course to be taken against them, and will move his Majesty to reassume into his hands the whole plantation.
b. The Refusal of the Colony
Hutchinson's Massachusetts Bay (1765), App. V. See introductory matter to a, above.
An Addresse of the General Court
To the Right Honourable the Lords Commissioners for foreigne Plantations [September 6/16, 1638]
The humble Petition of the Inhabitants of the Massachusets in New England, of the Generall Court there assembled, the 6th day of September, in the 14th yeare of the Reigne of our Soveraigne Lord King CHARLES.
Whereas it hath pleased your Lordships, by order of the 4th of April last, to require our patent to be sent unto you, wee do hereby humbly and sincerely professe, that wee are ready to yield all due obedience to our soveraigne Lord, the King's majesty, and to your Lordships under him, and in this minde wee left our native countrie, and according thereunto, hath been our practice ever since, so as wee are much grieved, that your Lordships should call in our patent, there being no cause knowne to us, nor any delinquency or fault of ours expressed in the order sent to us for that purpose, our government being according to his Majestyes grant, and wee not answerable for any defects in other plantations, etc.
This is what his Majesties subjects here doe believe and professe, and thereupon wee are all humble suitors to your Lordships, that you will be pleased to take into further consideration our condition, and to affoord us the liberty of subjects, that we may know what is layd to our charge; and have leaive and time to answer for ourselves before we be condemned as a people unworthy of his Majesties favour or protection; as for the quo warranto mentioned in the said order, wee doe assure your Lordships wee were never called to answer to it, and if wee had, wee doubt not but wee have a sufficient plea to put in.
It is not unknowne to your Lordships, that we came into these remote parts with his Majesties licence and encouragement, under his great seale of England, and in the confidence wee had of that assurance, wee have transported our families and estates, and here have wee built and planted, to the great enlargement and securing of his Majesties dominions in these parts, so as if our patent should now be taken from us, we shall be looked on as runnigadoes and outlawed, and shall be enforced, either to remove to some other place, or to returne into our native country againe; either of which will put us to unsupportable extremities, and these evils (among others) will necessarily follow: (1.) Many thousand souls will be exposed to ruine, being layd open to the injuries of all men. (2.) If wee be forced to desert this place, the rest of the plantations (being too weake to subsist alone) will, for the most part, dissolve and goe with us, and then will this whole country fall into the hands of the French or Dutch, who would speedily imbrace such an opportunity. (3.) If we should loose all our labour and costs, and be deprived of those liberties which his Majesty hath granted us, and nothing layd to our charge, nor any fayling to be found in us in point of allegiance (which all our countrymen doe take notice of and will justify our faithfulness in this behalfe) it will discourage all men heereafter from the like undertakings upon confidence of his Majestyes royal grant. Lastly, if our patent be taken from us (whereby wee suppose wee may clayme interest in his Majestyes favour and protection) the common people here will conseive that his Majesty hath cast them off, and that, heereby, they are freed from their allegiance and subjection, and, thereupon, will be ready to confederate themselves under a new government, for their necessary safety and subsistance, which will be of dangerous example to other plantations, and perillous to ourselves of incurring his Majestyes displeasure, which, wee would by all means avoyd.[62]
Upon these considerations wee are bold to renew our humble supplications to your Lordships, that wee may be suffered to live here in this wilderness, and that this poore plantation, which hath found more favour from God than many others, may not finde lesse favour from your Lordships [so] that our liberties should be restreyned, when others are enlarged, that the doore should be kept shutt unto us, while it stands open to all other plantations, that men of ability should be debarred from us, while they give incouragement to other colonies.
77. Democratic Discontent, 1639
(Winthrop's Denial of the Right of Petition; Abolition of the Life Council; Delay in the Written Code)
Winthrop's History of New England.
May 22, 1639. The court of elections was: at which time there was a small eclipse of the sun. Mr. Winthrop was chosen governour again, though some laboring had been, by some of the elders and others, to have changed, not out of any dislike of him (for they all loved and esteemed him), but out of their fear lest it might make way for having a governour for life, which some had propounded as most agreeable to God's institution and the practice of all well-ordered states. But neither the governour nor any other attempted the thing; though some jealousies arose, which were increased by two occasions. The first was, there being want of assistants, the governour and other magistrates thought fit (in the warrant for the court) to propound three, amongst which Mr. Downing, the governour's brother-in-law, was one, which they conceived to be done to strengthen his party, and therefore, though he were known to be a very able man, etc., and one who had done many good offices for the country for these ten years, yet the people would not choose him. Another occasion of their jealousy was, the court, finding the number of deputies to be much increased by the addition of new plantations, thought fit, for the ease both of the country and the court, to reduce all towns to two deputies. This occasioned some to fear, that the magistrates intended to make themselves stronger, and the deputies weaker, and so, in time, to bring all power into the hands of the magistrates; so as the people in some towns were much displeased with their deputies for yielding to such an order. Whereupon, at the next session, it was propounded to have the number of deputies, restored; and allegations were made, that it was an infringement of their liberty; so as, after much debate, and such reasons given for diminishing the number of deputies, and clearly proved that their liberty consisted not in the number, but in the thing, divers of the deputies, who came with intent to reverse the last order, were, by force of reason, brought to uphold it; so that, when it was put to the vote, the last order for two deputies only was confirmed. Yet, the next day, a petition was brought to the court from the freemen of Roxbury, to have the third deputy restored. Whereupon the reasons of the court's proceedings were set down in writing, and all objections answered, and sent to such towns as were unsatisfied with this advice, that, if any could take away those reasons, or bring us better for what they did desire, we should be ready, at the next court, to repeal the said order.
The hands of some of the elders (learned and godly men) were to this petition, though suddenly drawn in, and without due consideration. For the lawfulness of it may well be questioned: for when the people have chosen men to be their rulers, and to make their laws, and bound themselves by oath to submit thereto, now to combine together (a lesser part of them) in a public petition to have any order repealed, which is not repugnant to the law of God, savors of resisting an ordinance of God; for the people, having deputed others, have no power to make or alter laws, but are to be subject; and if any such order seem unlawful or inconvenient, they were better prefer some reasons, etc., to the court, with manifestation of their desire to move them to a review, than peremptorily to petition to have it repealed, which amounts to a plain reproof of those whom God hath set over them, and putting dishonor upon them, against the tenor of the fifth commandment.
There fell out at this court another occasion of increasing the people's jealousy of their magistrates, viz.: One of the elders, being present with those of his church, when they were to prepare their votes for the election, declared his judgment, that a governour ought to be for his life, alleging for his authority the practice of all the best commonwealths in Europe, and especially that of Israel by God's own ordinance. But this was opposed by some other of the elders with much zeal, and so notice was taken of it by the people, not as a matter of dispute, but as if there had been some plot to put it in practice.
June 9, 1639 ... The people had long desired a body of laws, and thought their condition very unsafe, while so much power rested in the discretion of magistrates. Divers attempts had been made at former courts, and the matter referred to some of the magistrates and some of the elders; but still it came to no effect; for, being committed to the care of many, whatsoever was done by some, was still disliked or neglected by others. ... Two great reasons there were, which caused most of the magistrates and some of the elders not to be very forward in this matter. One was, want of sufficient experience of the nature and disposition of the people, considered with the condition of the country and other circumstances, which made them conceive, that such laws would be fittest for us, which should arise pro re nata upon occasions, etc., and so the laws of England and other states grew (and therefore the fundamental laws of England are called customs, consuetudines). 2. For that it would professedly transgress the limits of our charter, which provide, we shall make no laws repugnant to the laws of England, and that we were assured we must do. But to raise up laws by practice and custom had been no transgression; as in our church discipline, and in matters of marriage, to make a law, that marriages should not be solemnized by ministers, is repugnant to the laws of England: but to bring it to a custom by practice for the magistrates to perform it, is no law made repugnant, etc. At length (to satisfy the people) it proceeded ...[63]
November, 1639. Some of the freemen, without the consent of the magistrates or governour, had chosen Mr. Nathaniel Ward to preach at this court, pretending that it was a part of their liberty. The governour (whose right indeed it is, for till the court be assembled the freemen are but private persons) would not strive about it, for though it did not belong to them, yet if they would have it, there was reason to yield it to them. ... In his sermon he delivered many useful things, but in a moral and political discourse, grounding his propositions much upon the old Roman and Grecian governments, which sure is an error, for if religion and the word of God makes men wiser than their neighbors, and these times have the advantage of all that have gone before us in experience and observation, it is probable that by all these helps, we may better frame rules of government for ourselves than to receive others upon the bare authority of the wisdom, justice, etc. of those heathen commonwealths. Among other things, he advised the people to keep all their magistrates in an equal rank, and not give more honor or power to one than to another, which is easier to advise than to prove, seeing it is against the practice of Israel (where some were rulers of thousands, and some but of tens) and of all nations known or recorded. Another advice he gave, that magistrates should not give private advice, and take knowledge of any man's cause before it came to public hearing. This was debated after in the general court, where some of the deputies moved to have it ordered. [Successfully resisted by the magistrates.]
[Wood's sermon shows that he regarded himself as put forward to champion democratic doctrine: cf. Cotton's sermons for the magistrates, noted in former entries. An entry of Winthrop's, dated May 10, 1643, shows a continuance of this democratic purpose.
"Our court of elections was held, when Mr. Ezekiel Rogers, pastor of the church in Rowley, preached. He was called to it by a company of freemen, whereof the most were deputies chosen for the court. ... Mr. Rogers, hearing that exception was taken to this call, as unwarrantable, wrote to the governour for advice, etc., who returned him answer: That he did account his calling not to be sufficient, yet the magistrates were not minded to strive with the deputies about it, but seeing it was noised in the country, and the people would expect him, and that he had advised with the magistrates about it, he wished him to go on. In his sermon he described how the man ought to be qualified whom they should choose for their governour, yet dissuaded them earnestly from choosing the same man twice together, and expressed his dislike of that with such vehemency as gave offence. But when it came to trial, the former governour, Mr. Winthrop, was chosen again.">[
78. The Body of Liberties, 1641
Whitmore's Bibliographical Sketch of the Laws of the Massachusetts Colony gives the text in facsimile.
For the history and significance, see American History and Government, § 81. Cf. also No. 77, above. The starred numbers each contain some important advance upon English custom or law of the day, and italic type is used to call attention to provisions that especially justify the name, Body of Liberties.
A Coppie of the Liberties of the Massachusets Collonie in New England
The free fruition of such liberties, Immunities, and priveledges, as humanitie, Civilitie, and Christianitie call for as due to every man in his place and proportion, without impeachment and Infringement, hath ever bene and ever will be the tranquillitie and Stabilitie of Churches and Commonwealths. And the deniall or deprivall thereof, the disturbance if not the ruine of both....
Wee doe therefore this day religiously and unanimously decree and confirme these following Rites, liberties, and priveledges concerneing our Churches and Civill State, to be respectively impartiallie and inviolably enjoyed and observed throughout our Jurisdiction for ever.
1. No mans life shall be taken away, no mans honour or good name shall be stayned, no mans person shall be arested, restrayned, banished, dismembred, nor any wayes punished, no man shall be deprived of his wife or children, no mans goods or estaite shall be taken away from him, nor any way indammaged under Coulor of law, or Countenance of Authoritie, unlesse it be by vertue or equitie of some expresse law of the Country warranting the same, established by a generall Court and sufficiently published, or, in case of the defect of a law in any partecular case, by the word of god. And in Capitall cases, or in cases concerning dismembring or banishment, according to that word to be judged by the Generall Court.
*2. Every person within this Jurisdiction, whether Inhabitant or forreiner shall enjoy the same justice and law, that is generall for the plantation, which we constitute and execute one towards another, without partialitie or delay.
5. No man shall be compelled to any publique worke or service unlesse the presse be grounded upon some act of the generall Court, and [he] have reasonable allowance therefore.
8. No mans Cattell or good of what kinde soever shall be pressed or taken for any publique use or service, unlesse it be by warrant grounded upon some act of the generall Court, nor without such reasonable prices and hire as the ordinarie rates of the Countrie do afford....
*9. No monopolies shall be granted or allowed amongst us, but of such new Inventions that are profitable to the Countrie, and that for a short time.
*10. All our lands and heritages shall be free from all fines and licences upon Alienations, and from all hariotts, wardships, Liveries, Primerseisens, yeare day and wast, Escheates, and forfeitures, upon the deaths of parents, or Ancestors, be they naturall, casuall, or Juditiall.
*11. All persons which are of the age of 21 yeares, and of right understanding and meamories, whether [even if] excommunicate or condemned shall have full power and libertie to make there wills and testaments, and other lawfull alienations of theire lands and estates.
12. Every man whether Inhabitant or fforreiner, free or not free shall have libertie to come to any publique Court, Councell or Towne meeting, and either by speech or writeing to move any lawfull, seasonable, and materiall question, or to present any necessary motion, complaint, petition, Bill or information, whereof that meeting hath proper cognizance, so it be done in convenient time, due order, and respective manner.
16. Every Inhabitant that is an howse holder shall have free fishing and fowling in any great ponds and Bayes, Coves and Rivers, so farre as the sea ebbes and flowes within the presincts of the towne where they dwell, unless the free men of the same Towne or the Generall Court have otherwise appropriated them, provided that this shall not be extended to give leave to any man to come upon others proprietie without there leave.
*17. Every man of or within this Jurisdiction shall have free libertie, not with standing any Civill power, to remove both himselfe and his familie at their pleasure out of the same, provided there be no legall impediment to the contrarie.
Rites Rules and Liberties concerning Juditiall proceedings
18. No mans person shall be restrained or imprisoned by any Authority what so ever, before the law hath sentenced him thereto, if he can put in sufficient securitie, bayle, or mainprise, for his appearance, and good behaviour in the meane time, unlesse it be in Crimes Capitall, and Contempts in open Court, and in such cases where some expresse act of Court doth allow it.
19. If in a generall Court any miscariage shall be amongst the Assistants when they are by themselves that may deserve an Admonition or fine under 20 sh, it shall be examined and sentenced amongst themselves, If amongst the Deputies when they are by themselves, It shall be examined and sentenced amongst themselves, If it be when the whole Court is togeather, it shall be judged by the whole Court, and not severallie as before.[64]
*25. No Summons pleading Judgement, or any kinde of proceeding in Court or course of Justice shall be abated, arested, or reversed, upon any kinde of cercumstantiall errors or mistakes, if the person and cause be rightly understood and intended by the Court.
29. In all Actions at law it shall be the libertie of the plantife and defendant by mutual consent to choose whether they will be tryed by the Bench or by a Jurie, unlesse it be where the law upon just reason hath otherwise determined. The like libertie shall be granted to all persons in Criminall cases.
30. It shall be in the libertie both of plantife and defendant, and likewise every delinquent (to be judged by a Jurie) to challenge any of the Jurors. And if his challenge be found just and reasonable by the Bench,[65] or the rest of the Jurie, as the challenger shall choose, it shall be allowed him....
34. If any man shall be proved and Judged a commen Barrator vexing others with unjust frequent and endlesse suites, It shall be in the power of Courts both to denie him the benefit of the law, and to punish him for his Barratry.
36. It shall be in the libertie of every man ... sentenced in any cause in any Inferior Court, to make their Appeale to the Court of Assistants, provided they tender their appeale and put in securitie to prosecute it before the Court be ended wherein they were condemned, and within six dayes next ensuing put in good securitie before some Assistant to satisfie what his Adversarie shall recover against him; And if the cause be of a Criminall nature, for his good behaviour and appearance. And everie man shall have libertie to complaine to the Generall Court of any Injustice done him in any Court of Assistants or other.
40. No Conveyance, Deede, or promise what so ever shall be of validitie, If it be gotten by Illegal violence, imprisonment, threatenings, or any kinde of forcible compulsion called Dures.
41. Everie man that is to Answere for any Criminall cause, whether he be in prison or under bayle, his cause shall be heard and determined at the next Court that hath proper Cognizance thereof, And [i.e., if it] may be done without prejudice of Justice.
42. No man shall be twise sentenced by Civill Justice for one and the same Crime, offence, or Trespasse.
43. No man shall be beaten with above 40 stripes, nor shall any true gentleman, nor any man equall to a gentleman be punished with whipping,[66] unles his crime be very shamefull, and his course of life vitious and profligate.
*44. No man condemned to dye shall be put to death within fower dayes next after his condemnation, unles the Court see spetiall cause to the contrary, or in case of martiall law; nor shall the body of any man so put to death be unburied 12 howers, unlesse it be in case of Anatomie.
45. No man shall be forced by Torture to confesse any Crime against himselfe nor any other unlesse it be in some Capitall case where he is first fullie convicted by cleare and suffitient evidence to be guilty, After which, if the cause be of that nature That it is very apparent there be other conspiratours, or confederates with him, Then he may be tortured, yet not with such Tortures as be Barbarous and inhumane.
46. For bodilie punishments we allow amongst us none that are inhumane, Barbarous, or cruell.[67]
47. No man shall be put to death without the testimony of two or three witnesses, or that which is equivalent there unto.
49. No free man shall be compelled to serve upon Juries above two Courts in a yeare, except grand Jurie men, who shall hould two Courts together at the least.
*50. All Jurors shall be chosen continuallie by the freemen of the Towne where they dwell.
54. When so ever anything is to be put to vote, any sentence to be pronounced, or any other matter to be proposed, or read in any Court or Assembly, If the president or moderator thereof shall refuse to performe it, the Major parte of the members of that Court or Assembly shall have power to appoint any other meete man of them to do it, And, if there be just cause, to punish him that should and would not.[68]
57. When so ever any person shall come to any very suddaine untimely and unnaturall death, Some Assistant, or the Constables of that Towne shall forthwith summon a Jury of twelve free men to inquire of the cause and manner of their death, and shall present a true verdict thereof to some neere Assistant, or the next Court to be helde for that Towne upon their oath.[69]
Liberties more peculiarlie concerning the free men
58. Civill Authorie hath power and libertie to see the peace, ordinances and Rules of Christ observed in every church according to his word, so it be done in a Civill and not in an Ecclesiastical way.
60. No church censure shall degrade or depose any man from any Civill dignitie, office, or Authoritie he shall have in the Commonwealth.
62. Any Shire or Towne shall have libertie to choose their Deputies whom and where they please for the General Court, So be it they be free men, and have taken there oath of fealtie, and [be] Inhabiting in this Jurisdiction.
66. The Freeman of everie Township shall have power to make such by laws and constitutions as may concerne the wellfare of their Towne, provided they be not of a Criminall, but onely of a prudentiall nature, And that their penalties exceede not 20 sh. for one offence. And that they be not repugnant to the publique laws and orders of the Countrie. And if any Inhabitant shall neglect or refuse to observe them, they shall have power to levy the appointed penalties by distresse.[70]
68. It is the libertie of the freemen to choose such deputies for the Generall Court out of themselves, either in their owne Townes or elsewhere as they judge fitest. And because we cannot forsee what varietie and weight of occasions may fall into future consideration, and what counsells we may stand in neede of, we decree: That the Deputies (to attende the Generall Court in the behalfe of the Countrie) shall not any time be stated or inacted, but from Court to Court, or at the most but for one yeare,—that the Countrie may have an Annuall libertie to do in that case what is most behoofefull for the best welfaire thereof.
69. No Generall Court shall be desolved or adjourned without the consent of the Major parte thereof.[71]
70. All Freemen called to give any advise, vote, verdict, or sentence in any Court, Counsell, or Civill Assembly, shall have full freedome to doe it according to their true Judgements and Consciences, So it be done orderly and inofensively for the manner.
74. The freemen of every Towne or Towneship, shall have full power to choose yearly or for lesse time out of themselves a convenient number of fitt men to order the planting or prudentiall occasions of that Towne, according to Instructions given them in writeing, Provided nothing be done by them contrary to the publique laws and orders of the Countrie, provided also the number of such select persons be not above nine.[72]
Liberties of Woemen
*79. If any man at his death shall not leave his wife a competent portion of his estaite, upon just complaint made to the Generall Court, she shall be relieved.
*80. Everie marryed woeman shall be free from bodilie correction or stripes by her husband, unlesse it be in his owne defence upon her assalt. If there be any just cause of correction complaint shall be made to Authoritie assembled in some Court, from which onely she shall receive it.
Liberties of Children
81. When parents dye intestate, the Elder sonne shall have a doble portion of his whole estate reall and personall, unlesse the Generall Court upon just cause alleadged shall Judge otherwise.
83. When parents dye intestate, having noe heires males of their bodies, their Daughters shall inherit as Copartners, unles the Generall Court upon just reason shall judge otherwise.
83. If any parents shall wilfullie and unreasonably deny any childe timely or convenient mariage, or shall exercise any unnaturall severitie towards them, Such children shall have free libertie to complain to Authoritie for redresse.
84. No Orphan dureing their minoritie which was not committed to tuition or service by the parents in their life time, shall afterwards be absolutely disposed of by any kindred, friend, Executor, Towneship, or Church, nor by themselves, without the consent of some Court, wherein two Assistants at least shall be present.
Liberties of Servants
87. If any man smite out the eye or tooth of his man servant, or maid servant, or otherwise mayme or much disfigure him, unlesse it be by meere casualtie, he shall let them goe free from his service.[73] And shall have such further recompense as the Court shall allow him.
88. Servants that have served deligentlie and faithfully to the benefitt of their maisters seaven yeares, shall not be sent away emptie. And if any have bene unfaithfull, negligent or unprofitable in their service, notwithstanding the good usage of their maisters, they shall not be dismissed till they have made satisfaction according to the Judgement of Authoritie.
Liberties of Forreiners and Strangers
91. There shall never be any bond slaverie villinage or Captivitie amongst us,[74] unles it be lawfull Captives taken in just warres, and such strangers as willingly selle themselves or are sold to us. And these shall have all the liberties and Christian usages which the law of god established in Israell concerning such persons doeth morally require. This exempts none from servitude who shall be Judged thereto by Authoritie.
Off [of] the Bruite Creature
92. No man shall exercise any Tirranny or Crueltie towards any bruite Creature which are usuallie kept for mans use.
*93. If any man shall have occasion to leade or drive Cattel from place to place that is far of, So that they be weary, or hungry, or fall sick, or lambe, It shall be lawful to rest or refresh them, for a competent time, in any open place that is not Corne, meadow, or inclosed for some peculiar use.
94. Capitall Laws
1
Dut. 13. 6. 10 Dut. 17. 2. 6 Ex. 22. 20
If any man after legall conviction shall have or worship any other god, but the lord god, he shall be put to death.
2
Ex. 22. 18. Lev. 20. 27. Dut. 18. 10.
If any man or woeman be a witch, (that is hath or consulteth with a familiar spirit,) They shall be put to death.
3
Lev. 24. 15. 16
If any person shall Blaspheme the name of god, the father, Sonne or Holie ghost, with direct, expresse, presumptuous or high handed blashemie, or shall curse god in the like manner, he shall be put to death.
4
Ex. 21. 12. Numb. 35. 13. 14. 30. 31.
If any person comitt any wilfull murther, which is manslaughter, comitted upon premeditated mallice, hatred, or Crueltie, not in a mans necessarie and just defence, nor by meere casualtie against his will, he shall be put to death.
5
Numb. 25. 20. 21. Lev. 24. 17.
If any person slayeth an other suddainely, in his anger or Crueltie of passion, he shall be put to death.
6
Ex. 21. 14.
If any person shall slay an other through guile, either by poysoning or other such divelish practice, he shall be put to death.
10
Ex. 21. 16.
If any man stealeth a man or mankinde, he shall surely be put to death.
11
Dut. 19. 16. 18. 19.
If any man rise up by false witnes, wittingly and of purpose to take away any man's life, he shall be put to death.
12
If any man shall conspire and attempt any invasion, insurrection, or publique rebellion against our commonwealth, or shall indeavour to surprize any Towne or Townes, fort or forts therein, or shall treacherously and perfediouslie attempt the alteration and subversion of our frame of politie or Government fundamentallie, he shall be put to death.
95. A declaration of the Liberties the Lord Jesus hath given to the Churches
1. All the people of god within this Jurisdiction who are not in a church way, and be orthodox in Judgement, and not scandalous in life, shall have full libertie to gather themselves into a Church Estaite. Provided they doe it in a Christian way, with due observation of the rules of Christ revealed in his word.
2. Every Church hath full libertie to exercise all the ordinances of god, according to the rules of Scripture.
3. Every Church hath free libertie of Election and ordination of all their officers from time to time, provided they be able, pious and orthodox.
4. Every Church hath free libertie of Admission, Recommendation, Dismission, and Expulsion, or deposall of their officers, and members, upon due cause, with free exercise of the Discipline and Censure of Christ according to the rules of his word.
10. Wee allowe private meetings for edification in religion amongst Christians of all sortes of people. So it be without just offence both for number, time, place, and other cercumstances.
98. Lastly because our dutie and desire is to do nothing suddainlie which fundamentally concerne us, we decree that these rites and liberties, shall be Audably read and deliberately weighed at every Generall Court that shall be held, within three yeares next insueing, And such of them as shall not be altered or repealed they shall stand so ratified, That no man shall infringe them without due punishment.
And if any Generall Court within these next thre yeares shall faile or forget to reade and consider them as abovesaid. The Governor and Deputie Governor for the time being, and every Assistant present at such Courts shall forfeite 20 sh. a man, and everie Deputie 10 sh. a man for each neglect, which shall be paid out of their proper estate, and not by the Country or the Townes which choose them. And when so ever there shall arise any question in any Court amonge the Assistants and Associates thereof about the explanation of these Rites and liberties, The Generall Court onely shall have power to interprett them.
79. A Puritan View of Trade
Winthrop's History of New England.
November, 1639. At a general court holden at Boston, a great complaint was made of the oppression used in the country in sale of foreign commodities; and Mr. Robert Keaine, who kept a shop in Boston, was notoriously above others observed and complained of; and, being convented, he was charged with many particulars; in some, for taking above sixpence in the shilling profit; in some, eight pence; and, in some small things, above two for one; and being hereof convict, (as appears by the records,) he was fined £ 200, which came thus to pass: The deputies considered, apart, of his fine, and set it at £ 200; the magistrates agreed but to £ 100. So, the court being, divided, at length it was agreed, that his fine should be £ 200, but he should pay but £ 100, and the other should be respited to the further consideration of the next general court. By this means the magistrates and deputies were brought to an accord, which otherwise had not been likely, and so much trouble might have grown, and the offender escaped censure. For the cry of the country was so great against oppression,...
And sure the course was very evil, especial circumstances considered: 1. He being an ancient professor of the gospel: 2. A man of eminent parts ... 4. Having come over for consciences sake...
These things gave occasion to Mr. Cotton, in his public exercise the next lecture day, to lay open the error of ... false principles, and to give some rules of direction in the case.
Some false principles were these:—
1. That a man might sell as dear as he can, and buy as cheap as he can.
2. If a man lose by casualty of sea, etc., in some of his commodities, he may raise the price of the rest.
3. That he may sell as he bought, though he paid too dear, etc., and though the commodity be fallen, etc.
4. That, as a man may take the advantage of his own skill or ability, so he may of another's ignorance or necessity.
5. Where one gives time for payment, he is to take like recompense of one as of another.
The rules for trading were these:—
1. A man may not sell above the current price, i. e., such a price as is usual in the time and place, and as another (who knows the worth of the commodity) would give for it, if he had occasion to use it...
2. When a man loseth in his commodity for want of skill, ... he must look at it as his own fault or cross, and therefore must not lay it upon another.
3. Where a man loseth by casualty of sea, ... it is a loss cast upon himself by providence, and he may not ease himself of it by casting it upon another; for so a man should seem to provide against all providences, that he should never lose; but where there is a scarcity of the commodity, there men may raise their price; for now it is a hand of God upon the commodity, and not the person.
80. The Separation of the Legislature into Two Houses
Winthrop's History of New England. Cf. American History and Government, §§ 69, 70.
June 4, 1642. ... At the same general court there fell out a great business upon a very small occasion. Anno 1636, there was a stray sow in Boston, which was brought to Captain Keayne: he had it cried divers times, and divers came to see it, but none made claim to it for near a year. He kept it in his yard with a sow of his own. Afterwards one Sherman's wife, having lost such a sow, laid claim to it, but came not to see it, till Captain Keayne had killed his own sow. After being showed the stray sow, and finding it to have other marks than she had claimed her sow by, she gave out that he had killed her sow. The noise hereof being spread about the town, the matter was brought before the elders of the church as a case of offence; many witnesses were examined, and Captain Keayne was cleared. [The case was then brought before the county court],—when, upon a full hearing, Capt. Keayne was again cleared, and the jury gave him £ 3 for his costs. [Keayne then recovers £ 20 damages for slander.] Story [friend of "Sherman's wife"[75]], upon this, searcheth town and country to find matter against Captain Keayne ... and got one of his witnesses to come into Salem court and to confess there that he had foresworn himself [in the former trial]; and upon this he petitions in Sherman's name to this general court to have the cause heard again; which was granted, and the best part of seven days were spent in examining witnesses and debating of the [case]. And yet it was not determined; for there being nine magistrates and thirty deputies, no sentence could by law pass without the greater number of both, which neither [side] had; for there were for the plaintiff two magistrates and fifteen deputies, and for the defendant [Keayne] seven magistrates and eight deputies....
There was great expectation in the country, by occasion of Story's clamours against him, that the cause would have passed against the captain, but falling out otherwise, gave occasion to many to speak unreverently of the court, especially of the magistrates, and the report went, that their negative voice had hindered the course of justice, and that these magistrates must be put out, that the power of the negative voice might be taken away.
June 12, 1643. ... The sow business not being yet digested in the country [even Bellingham, ex-governor, urging a new trial without a negative voice for the magistrates,—Winthrop gives over three pages here to a review of the controversy. Then follows:]
The sow business had started another question about the magistrates' negative vote in the general court. The deputies generally were very earnest to have it taken away; whereupon one of the magistrates [Winthrop?] wrote a small treatise, wherein he laid down the original of it from the patent, and the establishing of it by order of the general court in 1634, showing thereby how it was fundamental to our government, which, if it were taken away, would be a mere democracy. He showed also the necessity and usefulness of it by many arguments from scripture, reason, and common practice, etc. Yet this would not satisfy, but the deputies and common people would have it taken away; and yet it was apparent (as some of the deputies themselves confessed) the more did not understand it. An answer also was written (by one of the magistrates as was conceived) to the said treatise, undertaking to avoid all the arguments both from the patent and from the order, etc. This the deputies made great use of in this court, supposing they had now enough to carry the cause clearly with them, so as they pressed earnestly to have it presently determined. But the magistrates told them the matter was of great concernment, even to the very frame of our government; it had been established upon serious consultation and consent of all the elders; it had been continued without any inconvenience or apparent mischief these fourteen years; therefore it would not be safe nor of good report to alter on such a sudden, and without the advice of the elders: offering withal, that if upon such advice and consideration it should appear to be inconvenient, or not warranted by the patent and the said order, etc., they should be ready to join with them in taking it away. Upon these propositions they were stilled, and so an order was drawn up to this effect, that it was desired that every member of the court would take advice, etc., and that it should be no offence for any, either publicly or privately, to declare their opinion in the case, so it were modestly, etc., and that the elders should be desired to give their advice before the next meeting of this court. It was the magistrates' only care to gain time, that so the people's heat might be abated, for then they knew they would hear reason, and that the advice of the elders might be interposed;...
... One of the elders [Winthrop himself] also wrote a small treatise wherein he handled the question, laying down the several forms of government, both simple and mixt, and the true form of our government, and the unavoidable change into a democracy if the negative voice were taken away....
March, 1644. ... At the same court in the first month, upon the motion of the deputies, it was ordered that the court should be divided in their consultations, the magistrates by themselves and the deputies by themselves. What the one agreed upon, they should send to the other; and if both agreed, then to pass, etc. This order determined the great contention about the negative voice.
[The Records of the Governor and Company of Massachusetts Bay (II, 58-59) give this act which established the first two-chambered legislature in America (An Act of the Generall Court at Boston, March 7/17, 1644). The preamble contains an interesting reference to English precedent:—
"For as much as after long experience wee find divers inconveniences in the manner of our proceeding in Courts, by Magistrates and deputies siting together, and accounting it wisdome to follow the laudable practice of other states who have layd groundworks for government and order in the issuing of busines of greatest and highest consequence, ..."
See also an interesting prophecy of the change to two Houses in Cotton's letter, No. 75 a, above.]
81. A Town Code of School Law
Dorchester Town Records, 54-57. Cf. American History and Government, § 123.
Upon a generall and lawfull warning of all the Inhabitants the 14th of the 1st moneth 1645 these rules and orders following presented to the Towne Concerning the Schoole of Dorchester are Confirmed by the major parte of the Inhabitants then present.
First, It is ordered that three able, and sufficient men of the Plantation shalbe Chosen to bee wardens or overseers of the Schoole above mentioned who shall have the Charge oversight and ordering thereof and of all things Concerneing the same in such manner as is hereafter expressed and shall Continue in their office and place for Terme of their lives respectively, unlesse by reason of any of them removing his habitation out of the Towne, or for any other weightie reason the Inhabitants shall see cause to Elect or Chuse others in their roome in which cases and upon the death of any of the sayd wardens the Inhabitants shall make a new Election and choice of others.
And Mr. Haward, Deacon Wiswall, Mr. Atherton are elected to bee the first wardens or overseers.
Secondly, the said Wardens shall have full power to dispose of the Schoole stock....
Thirdly, the sayd Wardens shall take care, and doe there utmost and best endeavor that the sayd Schoole may from tyme to tyme bee supplied with an able and sufficient Schoolemaster who nevertheless is not to be admitted into the place of Schoolemaster without the Generall consent of the Inhabitants or the major parte of them....
Fivethly, the sayd wardens shall from tyme to tyme see that the Schoole howse bee kept in good, and sufficient repayre, the Charge of which reparacion shalbe defrayed and payd out of such rents, Issues and profitts of the Schoole stock, if there be sufficient, or else of such rents as shall arise and grow in time of the vacancy of the Schoolemaster—if there bee any such and in defect of such vacancy the wardens shall repayre to the 7 men of the Towne for the tyme beeing who shall have power to taxe the Towne with such somme, or sommes as shalbe requisite for the repayring of the Schoole howse as aforesayd.
Sixthly, the sayd Wardens shall take Care that every yeere at or before the end of the 9th moneth their bee brought to the Schoolehowse 12 sufficient Cart, or wayne loads of wood for fewell, to be for the use of the Schoole master and the Schollers in winter the Cost and Chargs of which sayd wood to bee borne by the Schollers for the tyme beeing who shalbe taxed for the purpose at the discretion of the sayd Wardens.
Lastly, the sayd Wardens shall take care that the Schoolemaster for the tyme beeing doe faythfully performe his dutye in his place, as schoolmasters ought to doe, as well in other things as in these in which are hereafter expressed, viz.
First, that the Schoolemaster shall diligently attend his Schoole and doe his utmost indeavor for Benefitting his Schollers according to his best discretion without unnecessaryly absenting himself to the prejudice of his schollers, and hindering there learning.
2ly, that from the beginning of the first moneth [March] untill the end of the 7th he shall every day begin to teach at seaven of the Clock in the morning and dismisse his schollers at fyve in the afternoone. And for the other five moneths that is from the beginning of the 8th moneth untill the end of the 12th moneth he shall every day begin at 8th of the Clock in the morning and [end] at 4 in the afternoone.
3ly, every day in the yeare the usual tyme of dismissing at noone shall be at 11 and to beginn agayne at one except that
4ly, every second day in the weeke he shall call his schollers togeither betweene 12 and one of the Clock to examin them what they have learned on the saboath day preceding at which tyme also he shall take notice of any misdemeanor or disorder that any of his skollers shall have Committed on the saboath to the end that at somme convenient tyme due Admonition and Correction may bee admistred by him according as the nature, and qualitie of the offence shall require at which sayd examination any of the elders or other Inhabitants that please may bee present to behold his religious care herein and to give there Countenance, and approbation of the same.
5ly, hee shall equally and impartially receive and instruct such as shalbe sent and Comitted to him for that end whither their parents bee poore or rich not refusing any who have Right and Interest in the Schoole.
6ly, such as shalbe Comitted to him he shall diligently instruct as they shalbe able to learne both in humane learning, and good literature and likewise in poynt of good manners, and dutifull behaviour towards all specially their superiors as they shall have ocasion to bee in their presence whether by meeting them in the streete or otherwise.
7ly, every 6 day of the weeke at 2 of the Clock in the afternoone hee shall Chatechise his schollers in the principles of Christian religion either in somme Chatechism which the Wardens shall provide and present, or in defect thereof in some other.
8ly, And because all mans indeavors without the blessing of God must needs bee fruitlesse and unsucessfull theirfore It is to be a cheif part of the schoolemasters religious care to Commend his schollers and his labours amongst them unto God by prayer, morning and evening, taking Care that his schollers doe reverendly attend during the same.
9ly, And because the Rodd of Correction is an ordinance of God necessary sometymes to bee dispenced unto Children but such as may easily be abused by overmuch severity and rigour on the one hand, or by overmuch indulgence and lenitye on the other. It is therefere ordered and agreed that the schoolemaster for the tyme beeing shall have full power to minister Correction to all or any of his schollers without respect of persons according as the nature and qualitie of the offence shall require, whereto all his schollers must bee duely subject and no parent or other of the Inhabitants shall hinder or goe about to hinder the master therein. Neverthelesse if any parent or others shall think their is just cause of Complaynt agaynst the master for to much severity, such shall have liberty freindly and lovingly to expostulate with the master about the same, and if they shall not attayne to satisfaction the matter is then to bee referred to the wardens who shall impartially judge betwixt the master and such Complaynants. And if it shall appeare to them that any parent shall make causelesse Complaynts agaynst the master in this behalf and shall persist and Continue so doeing in such case the wardens shall have power to discharge the master of the care and Charge of the Children of such parents....
And because it is difficult if not Impossible to give particular rules that shall reach all cases which may fall out, therefore for a Conclusion It is ordered, and agreed, in Generall, that where particular rules are wanting there It shalbe a parte of the office and dutye of the Wardens to order and dispose of all things that Concerne the schoole, in such sort as in their wisedom and discretion they shall Judge most Conducible for the glory of God, and the trayning up of the Children of the Towne in religion, learning and Civilitie, and these orders to be Continued till the major parte of the Towne shall see cause to alter any parte thereof.[76]
82. Colonial School Laws
a. Compulsory Education, 1642
Records of the Governor and Company of Massachusetts Bay, II, 6-7.
[A General Court, May, 1642.][77]
This Court, taking into consideration the great neglect of many parents and masters in training up their children in learning and Labor and other impl[o]yments which may be proffitable to the common wealth, do hereupon order and decree, that in every towne the chosen men appointed for managing the prudentiall affayers of the same shall henceforth stand charged with the care of the redresse of this evill (so as they shalbee sufficiently punished by fines for the neglect thereof, upon presentment of the grand jury or other information or complaint in any Court ...) And for this end they ... shall have power to take account from time to time of all parents and masters, and of their children, concerning their calling and impl[o]yment of their children, especially of their ability to read and understand the principles of religion and the capitall lawes of this country, and to impose fines upon such as shall refuse to render such accounts to them ... and they shall have power, with consent of any Court ... to put forth [as] apprentices the children of such as they shall [find] not to be able and fitt to imploy and bring them up....
[Connecticut copied this law in 1642, and New Haven in 1644. The Connecticut preamble, like the one above, emphasizes the civic motive: "For as much as the good education of children is of singular behoof and benefit to any commonwealth ... it is therefore ordered," etc. Connecticut, too, was more specific as to the exact penalty for delinquent parents,—providing fines for the first two offenses, but the removal and apprenticing of the children for continued delinquency.
The Massachusetts law closed with a lengthy provision for elementary industrial training, the select men to provide materials and see that "children sett to keep cattle be set to some other imployment withall, as spinning ... knitting, weaving tape, etc."
Plainly, this law of 1642 assumed that each town had a school. The next law (b below) expressly provides such schools.]
b. A state System of Schools
Records of Governor and Company of Massachusetts Bay, II, 203
Att a Sesion of the Generall Court, the 27th of the 8th Month, 1647, at Boston
... It being one cheife project of that ould deluder, Satan, to keepe men from the knowledge of the Scriptures, as in former times by keeping them in an unknowne tongue, so in these latter times by persuading from the use of tongues (that so at least the true sence and meaning of the originall might be clouded by false glosses of saint-seming deceivers),—that learning may not be buried in the grave of our fathers in the church and commonwealth, the Lord assisting our endeavors,—
It is therefore ordered ... that every towneship in this jurisdiction, after the Lord hath increased them to the number of 50 householders, shall then forthwith appoint one within their towne to teach all such children as shall resort to him to write and reade,—whose wages shall be paid either by the parents or masters of such children, or by the inhabitants in generall, by way of supply [tax], as the major part of those that order the prudentialls of the towne shall appoint: provided, those that send their children be not oppressed by paying much more than they can have them taught for in other townes. And it is further ordered, that where any towne shall increase to the number of 100 families or househoulders, they shall set up a grammer schoole, the mr. thereof being able to instruct youth so farr as they may be fited for the university, provided that if any towne neglect the performance hereof above one yeare, that such towne shall pay 5 pounds to the next schoole, till they shall performe this order.
[The punctuation of this noble sentence has been somewhat classified here by the use of parentheses, dashes, and colons for the commas of the original. On this legislation, cf. American History and Government, § 123. The "university" was Harvard, which had been founded in 1636. The greater part of this law was adopted two years later in Connecticut.]
83. Representative Town Records
(Extracts from the Watertown Records for the years 1634-1678)
Watertown was the second town to set up town government. (Cf. (1), below, with No. 72, above.) The complete records of these years 1634-1678 would fill 250 pages of this volume. Note the greater illiteracy from about 1650 on, and cf. American History and Government, § 122.
(1) August 23, 1634. Agreed by the consent of the Freemen, that there shall be Chosen three persons to be [for] the ordering of the civill affaires in the Towne [One of them to serve as "Towne Clark">[; and [he] shall keep the Records and Acts of the Towne. The three chosen are...
(2)—ember 13. Agreed, by the Consent of the Freemen that Robert Seeley and Abram Browne shall measure and lay out all the Lotts that are granted.
Agreed that no man shall fell or cutt down any timber trees upon the Common, without the consent of Robert Seeley and Abram Browne, and otherwise to pay to the Towne for every tree 5s.
(3) January 3, 1635. Agreed that no man being foreigner ... coming out of England or some other Plantation, shall have liberty to sett downe amongst us, unless he first have the Consent of the Freemen of the Towne.
(4) Feb. 21, 1635. Agreed by the freemen that whosoever hath a Lott in a generall Inclosure shall fence it with the rest according to proportion, and if he shall refuse, the Lott shall returne to the Towne againe....
Agreed, that the towne Clark shall have six pense for every Lott of land that he shall Inroll in the towne Booke and bring the Party a note under his hand of the situation of it.[78]
(5) August 22, 1635. Agreed that whosoever being an Inhabitant in the Towne shall receive any person, or family upon their propriety that may prove chargeable to the Towne shall maintaine the said persons at their owne charges, to save the Towne harmeles.
(6) September 23, 1635. Agreed that (whereas there is a dayly abuse in felling of Timber upon the Common) whosoever shall offend in felling any Trees without leave, shall pay for every Tree cut downe without order, 20 shillings to the use of the Towne.
(7) November 14, 1635. ... Agreed that John Warrin and Abram Browne shall lay out all the Highwaies, and to see that they be sufficiently repaired.
(8)—ember 30, 1635. Agreed by the Consent of the Freemen that these 11 freemen shall order all the Civill Affaires for the Towne for this yeare following, and to divide the Lands.[79]...
(9) [1636] January 29. Ordered, that there shalbe 8 dayes appointed every yeare for the repayring of the Highwaies and every man that is Souldier or watchman to come at his appointed time with a wheelbarrow, mattock, spade or shovle, and for default hereof to pay for every day 5 shillings to the Towne, and a Cart for every day to pay 19 shillings.
(10) Aprill 23, 1638. Ordered that those Freemen of the Congregation shall build and dwell upon their Lotts at the Towne plott, and not to alienate them by selling or exchanging them to any forrainer, but to Freemen of the Congregation, It being our reall intent to sitt down there close togither, and therefore these Lotts were granted to those Freemen that inhabited most remote from the meeting-house and dwell most scattered,...
(11) 1639. D. 31, (Mo. 10.)[80] Ordered that if any of the Freemen be absent from any Publick Towne meeting at the time appointed sufficient warning being formerly given, he shall forfett for every time to the Towne 2 shillings, 6 d.
Ordered by the Freemen that the men deputed for to order the Civill affaires shall not make any order without consent of 7 of those Freemen chosen.
(12) D. 21, (M. 2.) 1640. Ordered that if any Person shall suffer his Dog to come to the Meeting upon the Lords day he shall forfett for every time 1 s.
(13) D. 29, (M. 10.) 1640. Ordered that all those Inhabitants that have beene by Common Consent or vote taken in amongst us, or have had Dividents granted to them shalbe accepted for Townesmen, and no others.
(14) D. 21, (M. 7.) 1641. Ordered that George Munnings is appointed to looke to the Meetinghouse, and to be free from Rates [in return for service].
(15) D. 5, (M. 5.) 1642. Ordered that Hugh Mason, Thomas Hastings, and John Shearman are appointed to set up a sufficient fence about the Burying Place with a 5-foot pale and 2 railes well nailed by the 15 of the 2 moneth, and the Towne to pay them for it.
(16) D. 6, (M. 5) 1642. Ordered that there shalbe a new Invoice taken of Mens Estates to make the Rates[81] by for this yeare. Also that all Lands granted by the Towne shalbe rated this yeare.
| Ordered that | Land broken up shall pay the Acre, | 2 lb | 10s | |
| Land inclosed not broken up the Acre, | 10s | |||
| The further Plaine shall pay upon the Acre, | 5s | |||
| The dividents, the remote meddows and the hither Plaine, | 10s | |||
| The land in lieu of the Towne Plott the Acre, | 1s | |||
| The Farmes shall pay upon the Acre, | 6d | |||
| The home meddows shall pay the Acre, | 1 lb | 10s | ||
| Ordered that | Mares, Steeres, and Cowes are rated at | 5 lb | ||
| Heifers, 2 year old, at | 3 lb | |||
| Calves, 1 year old, at | 1 lb | 10s | ||
| Calves, under a year, at | 1 lb | |||
| Goats, at | 10s | |||
| Sheep, at | 2 lb | |||
| Hogs, a year old, at | 1 lb | |||
| Pigs, 3 months old, at | 6s | 8d | ||
| Colts, at | 17s | 6d | ||
| Lambs, at | 5s | |||
| Kids, at | 2s | 8d |
(17) D. 20, (M. 10) 1642. Ordered that there shalbe a Rate made of 100 lb for to discharge these Debts following:
| Imprimis to Thomas Hastings for charges to the Poore and building the house for John Kettle | 17 lb | ||
| Item, to John Simson | 10s | ||
| Item, for fencing the Burying place | 6 lb | 10s | |
| Item, formerly due to the Officers | 30 lb | ||
| Item, for the Capitall Laws | 10s | ||
| Item, for the Court Orders, 3 M 1642 | 11s | 3d | |
| Item, to John Knolls pastor for 1 quarter | 10 lb | ||
| Item, to George Phillips pastor for half yeare due Jan. 1 | 33 lb | 6s | 8d |
(18) D. 15, (M. 6.) 1643. Ordered that John Shearman shall keepe weights and measures according to the Order of the Court for the Townes use and also to take up lost goods.
(19) [Nov. 15, 1647]. Lieu. Mason complayninge that he was burdened with the service of the Towne; the Towne did Release him: and chose Isaac Steearnes in his steade, to be one of the Seaven men.
(20) At A Generall Towne Meeting, the 17 (7) 1649. Granted to the Ministry—160 pounds—for this present year beginning the 24th of June last: to be gathered by Rate, and to be paied the one halfe the first weeke of December next, and the other halfe the first of march Following agreed that there shall be a Rate of 90 pounds made for to pay Robert Saltonstall: and to Build a Schoole-house: and to Build a gallery in the Meetinghouse and to pay other debts the Towne oweth....
John Sherman is apointed to procuere the Schoole house Built: and to have it built 22 foot long and 14 foot wide and 9 foot betwene Joynts—also to git a penn of one aker of ground fenced in with 4 Railes for the lodging a heard in the woods: and to procuer a small house for lodging the heardsman: and to be done in such a place as Deacon Child and himself shall thinke best, towards Sudbury Bounds
(21) the 7d.—10 mo 1649 ... agreed that John Sherman Shall wright a letter, in the Townes name, unto David Mechell of Stamfourth to Certify to him the Townes desier of him to Come and keepe School in the towne
(22) At a Meeteing of the Select men at Sargeng [Seargent] Beeres the 10 December 1652.
Agreed by the towne, with the Consent of John Sherman that Willyam Barsham shall prise all the Carpenters worke aboute the scoolehouse and the Towne shall make payment akcording to his award.
Memorandum There is 22 pounds towards it payd alredy.
(23) December 22, 1652...
Mr. Norcros is to keepe ascoole upon the same pay and the same building as he had the last yeeare.
James Cuttler and John Traine are Chosen Survayers for high wayes for this yeare.
John Sherman did present a plot of the great dividents the 22/9/1653
(24) At a Meeteing of the Select men the 8 (9) 1653. ... Ordered that the Cunstable Thomas underwood shall reserve in his hand of the Towne Rate 13 bushells of Indian Corne and 3 booshells of peaze for Thomas philpot and Deliver him every weeke one peck of Corne and every month one peck of peaze.
[These commodities had been paid into the town treasury (as taxes), and were to be reserved by the "treasurer" (then, the Constable) for this case of "poor relief." Wages and salaries also were commonly paid in commodities (at legal rates) in New England. Thus,—
Att a Townemeeting held att the meeting house att Plymouth the * day of July 1667; It was agreed and concluded as followeth, viz:
"That the sume of fifty pounds shalbee alowed to Mr. Colton [the minister] for this present yeare and his wood To be raised by way of Rate to be payed in such as god gives, ever onely to be minded that a considerable parte of it shalbee payed in the best pay; and William Clarke and William Crow are appointed by the Towne to take notice of what is payed and brought in unto him and to keep an account therof. Joseph howland and ffrancis Combe are agreed with by the Towne to find the wood for this yeare for the sume of eight pounds."
The difficulty was to get "good pay." It is recorded in the accounts of Harvard that one student, afterward president of the college, paid his tuition with "an old cow," which, good or bad, had to be accepted at a fixed rate for coins.]
At a Meeting of the Select men the 13/10/1653
(25) Samuel Banjamine was presented before us for Idelnes By Mr. Norcros which Did two evidently apeare by his ragged Clothes and Divers Debts apearing, but upon his promise of amendment hee was released unto the next yeare.
(26) At apublick Towne meeting the 14 (8) 1654
Ordered by the Inhabetance that there should be anew meeting house builded
Ordered that the place where it shall stand shall be in som Convenient place betwene Sargant Brits ende fence and John Bisko his rayles.
Ordered that there shall be raysed by rate upon the inhabetance one hundred and fifty pounds this yeare for to begin the work withall
Ordered that Cambridg meeting house shall be our pattern in all poynts
Ordered the Select men shall have power to agree with John Sherman or any other person to performe tha foresaid work.
Ordered that the speaces [specie] in which workmen that Doe undertake it shall be payed in shall bee one 3d parte wheate, and the rest in rye, pease, Indecorne, and Cattell.
The Select men with the help of willyam Barsham have agreed with John Sherman to Build ameeting house Like unto Cambridg in all poynts, the Cornish and fane Excepted, and to have it finished by the Last of September in 1656; and hee is to receive of the Towne 400 pounds with the Seates of the old meeting house; which some [sum] is to be payd at 3 several payments, as by artickls of Agreement under hand and seale Dooth appeare more fully.
(27) Att a meeting of the 7 men Nov. 19. (56)
These are to Shew, that Elizabeth Braibrok widow of Watertowne in the County of Middlesex, hath putt her daughter (with the approbation of the select men) into the hands of Simont Tomson and his wife of Ipswich in the County of Essex, rope maker, to be as an apprentice, untill she come to the age of eighteene yeares, in which time the said Sarah is to serve them in all lawfull comands, and the said Simont is to teach her to reade the Englishe Tongue and to instruct her in the knowleg of god and his wayes, and to provide for the said Sarah, holesome meate and drink, with convenient cloathing as the seasons doe require and he the said Simont doth ingage himselfe and wife, to give the said Sarah at the end of her tearme, a good cow, and an ewe sheep with convenient Cloathing, and if the said Sarah dye within one yeare before her age pfixed, that then the said cow and sheep, shall goe to some of the children of the said Elizabeth Brabrok.
This agreement was signed and confirmed by there markes of each partie and witnessed as appears in two severall wrightings by Joshua Edmonds and in presence of the seaven men or the greatest part of them. Ephraim Child in the behalfe of the rest.
(28) At a meeting of the select men at Isaak Sternes his House January the 18th 1669
It was agreed that the select men shall take their turnes every man his Day to site upon the gallary to looke to the youths that they may prevent miscarigis in the time of publike exercises on the Lords Days and also that the two Constables shalbe desired to take their turnes to site ther also.
(29) At a meeting at Leift Beeri's march 3d 1670.
Ther comeing a complainte to us the selectmen concerneing the poverty of Edward Sandersons famelley: that they had not wherwith to mainetaine themselves and childeren either with suply of provision or emplyment to earne any and considering that it would be the charge of the towne to provide for the wholl fameley which will be hard to doe this yeer: and not knoweing how to suply them with provision: we considereing if we shoulde suply them and could doe it, yet it would not tend to the good of the childeren for their good eaducation and bringeing up soe as they may be usefull in the common weall or them selves to live comfortablly and usefuly in time to come, We have therfore a greed to put out two of his childeren in to sume honist famelleys wher they may be eaducated and brought up in the knowlidge of God and sum honist calling or labor. And therfor we doe order that Thomas Fleg and John Bigulah shall have power to binde them prentises with sume honist people with the consent of their perants if it may be hade, and if the perants shall oppose them, to use the helpe of the Magistrate: in the name and with the consent of the select men, Thomas Hastings.
(30) A ametting of the selectmen at Corparall bonds the 27th of march 1677
Agreed with leftenant shearmon to ceep an inglish scoole this year and to begin the (9th) of eaprill at the scoole house and the town to alow him twenty pounds in the town Reat that shall be raized in this yeare (77) and if the said leftenant dezireth to lay down his imployment at the years end then he shall give the town a quartur of ayears warning, and if the town dezyreth to chang ther scoole master thay shall give the like warning. The select men agree allsoo that the said scoole shall be cept from the furst of may to the last of august, 8 owers in the day, to witt, to begin at seven in the morning, and not to break up untill five at night, noone time acsepted; and from the last of august untill the last of octobur 6 ouers in the day, soo allsoo in the munths of march and Eaprill and the 4 winttur munths to begin at tenn of the clock in the morning and continnue untill 2 a clock in the afternoone.
(31) At ametting of the select men at the house of gregory coock:
this (7th) of Janiwary 1678:
The select men sent anoote to leftenant Shearmon and allso anoote to Mr goddard to signify to them thay had agreed with another man to ceep the scoole when thear year was oute, and that thay did thearby give them aquartur of ayears warning according to the ordur uppon the town Booke.
The select men agreed with mr Richard Norcros to ceep the Scoole at the Scoole house for the year foloing and to begin the 9th of Eaprill 1679, and to teach both Lattin and inglish Scollurs, so many as shall Be sent unto him from the in habitants once aweck to teach them thear catticise: only in the munths of may, June, July and august he is to teach only lattin scollurs and writturs and them at his owne house and thear to afford them all needfull help, and the other 8 munths at the scoolehouse both lattin and inglish scollurs, for which the select men agree that he shall have twenty pounds out of the town Reat to be mead for the yeare 1679, and the town at the Jenarall town metting to meak thear anuall Choyse for time to cum: this agreement Consented unto by Mr Richard norcros as witnis his hand....