Chapter XII: Act VII: Be it enacted by this present Grand Assembly ... That the (4)

Friday, 21. ... A servant of one of our company had bargained with a child to sell him a box worth 3 _d._ for three biscuit a day all the voyage, and had received about forty ... We caused his hands to be tied up to a bar, and hanged a basket, with stones, about his neck, and so he stood for two hours.

(2) [_Early Religious Practices._]

July 27. We, of the congregation [at Boston] kept a fast, and chose Mr. Wilson our teacher,[43] and Mr. Nowell an elder, ... We used imposition of hands, but with this protestation by all, that it was only as a sign of election and confirmation, not of any intent that Mr. Wilson should renounce his ministry that he received in England.[44]

[1631. April 12.]

At a court holden at Boston, (upon information to the governour that they of Salem had called Mr. Williams to the office of a teacher), a letter was written from the court to Mr. Endecott to this effect: That whereas Mr. Williams had refused to join with the congregation at Boston, because they would not make a public declaration of their repentance for having communion with the churches of England while they lived there; and, besides, had declared his opinion, that the magistrate might not punish the breach of the Sabbath, nor any other offence, as it was a breach of the first table; therefore, they marvelled they would choose him without advising with the council; and withal desiring him [Endicott] that they would forbear to proceed till they had conferred about it....

_b. Winthrop's Letters_

JOHN WINTHROP FROM NEW ENGLAND TO HIS WIFE,
SEPTEMBER 9/19, 1630

Winthrop's _Life and Letters of John Winthrop_, II, 48-49 and 53-55.

My Dear Wife,--The blessing of God all-sufficient be upon thee and all my dear ones with thee forever.

I praise the good Lord, though we see much mortality, sickness and trouble, yet (such is his mercy) myself and children, with most of my family, are yet living, and in health, and enjoy prosperity enough, if the affliction of our brethren did not hold under the comfort of it. The lady Arbella is dead, and good Mr. Higginson, my servant, old Waters of Neyland, and many others. Thus the Lord is pleased to humble us; yet he mixes so many mercies with his corrections, as we are persuaded he will not cast us off, but, in his due time, will do us good, according to the measure of our afflictions. He stays but till he hath purged our corruptions, and healed the hardness and error of our hearts, and stripped us of our vain confidence in this arm of flesh, that he may have us rely wholly upon himself.

The French ship, so long expected, and given for lost, is now come safe to us, about a fortnight since, having been twelve weeks at sea; and yet her passengers (being but few) all safe and well but one, and her goats but six living of eighteen. So as now we are somewhat refreshed with such goods and provisions as she brought, though much thereof hath received damage by wet. I praise God, we have many occasions of comfort here, and do hope, that our days of affliction will soon have an end, and that the Lord will do us more good in the end than we could have expected, that will abundantly recompense for all the trouble we have endured. Yet we may not look for great things here. It is enough that we shall have heaven, though we should pass through hell to it. We here enjoy God and Jesus Christ. Is not this enough? What would we have more? I thank God, I like so well to be here, as I do not repent my coming; and if I were to come again, I would not have altered my course, though I had foreseen all these afflictions. I never fared better in my life, never slept better, never had more content of mind, which comes merely of the Lord's good hand; for we have not the like means of these comforts here which we had in England. But the Lord is all-sufficient, blessed be his holy name. If he please, he can still uphold us in this estate; but, if he shall see good to make us partakers with others in more affliction, his will be done. He is our God, and may dispose of us as he sees good.

I am sorry to part with thee so soon, seeing we meet so seldom, and my much business hath made me too oft forget Mondays and Fridays. I long for the time, when I may see thy sweet face again, and the faces of my dear children. But I must break off, and desire thee to commend me kindly to all my good friends, and excuse my not writing at this time. If God please once to settle me, I shall make amends. ... The good Lord bless thee and all our children and family. So I kiss my sweet wife and my dear children, and rest

Thy faithful husband,
JO. WINTHROP.

I would have written to Maplestead, if I had time. Thou must excuse me, and remember me kindly to them all.

This is the third letter I have written to thee from New England.

[November 29/December 9, 1630.]

... Thou shalt understand by this, how it is with us since I wrote last, (for this is the third or fourth letter I have written to thee since I came hither,) that thou mayest see the goodness of the Lord towards me, that, when so many have died and so many yet languish, myself and my children are yet living and in health. Yet I have lost twelve of my family,[45] viz. Waters and his wife, and two of his children: Mr. Gager and his man: Smith of Buxall and his wife and two children: the wife of Taylor of Haverill and their child: my son H. makes the twelve. And, besides many other of less note, as Jeff. Ruggle of Sudbury, and divers others of that town, (about twenty,) the Lord hath stripped us of some principal persons, Mr. Johnson and his lady, Mr. Rossiter, Mrs. Phillips, and others unknown to thee. We conceive, that this disease grew from ill diet at sea, and proved infectious. I write not this to discourage thee but to warn thee and others to provide well for the sea, and, by God's help, the passage will be safe and easy, how long soever. Be careful (I entreat thee) to observe the directions in my former letters; and I trust that that God, who hath so graciously preserved and blessed us hitherto, will bring us to see the faces of each other with abundance of joy. My dear wife, we are here in a paradise. Though we have not beef and mutton etc., yet (God be praised) we want them not; our Indian corn answers for all. Yet here is fowl and fish in great plenty. I will here break off, because I hope to receive letters from thee soon, and to have opportunity of writing more largely. I will say nothing of my love to thee, and of my longing desires towards thee. Thou knowest my heart. Neither can I mention salutations to my good friends, other than in general. In my next, I hope to supply all. Now the Lord, our good God, be with thee and all my children and company with thee. Grace and peace be with you all. So I kiss my sweet wife and all my dear children, and bless you in the Lord. Farewell.

Thy faithful husband, JO. WINTHROP.

_c. Thomas Dudley to the Countess of Lincoln March, 1631_

Force's _Historical Tracts_ (1638), II, No. 4.

_To the righte honourable, my very good Lady,
the Lady Brydget, Countesse of Lincoln_

Your letters (which are not common or cheape) following mee hether into New-England, and bringeing with them renewed testimonies of the accustomed favours you honoured me with in the old, have drawne from mee this narrative retribucion (which in respect of your proper interest in some persons of great note amongst us)[46] was the thankfullest present I had to send over the seas. Therefore I humblie intreat your honour this bee accepted as payment from him, who neither hath nor is any more than your honours old thankful servant,

THOMAS DUDLEY.
BOSTON IN NEW ENGLAND,
March 12th 1630 [March 22, 1631].

[A narrative of the beginnings of the colony, through the sending of Higginson's company in the spring of 1629.]

Theis by their too large comendacions of the country ... invited us soe strongly to goe on that Mr. Wenthropp of Soffolke (who is well knowne in his owne country and well approved heere for his pyety, liberality, wisdome, and gravity) comeing into us, wee came to such resolution that in April, 1630, wee sett sail from Old England with 4 good shipps. And in May following, 8 more followed, 2 haveing gone before in February and March, and 2 more following in June and August besides another set out by a private merchant. Theis 17 Shipps arrived all safe ... but made a long, a troublesome, and a costly voyage. ... Our four shipps which set out in Aprill arrived here in June and July, wheere we found the colony in a sadd and unexpected condicion; above 80 of them beeing dead the winter before and many of those alive, weake and sicke; all the corne and bread amongst them all hardly sufficient to feed them a fortnight, insoemuch that the remainder of 180 servants wee had the 2 years before sent over, comeing to us for victualls to sustaine them, wee found ourselves wholly unable to feed them ... whereupon necessity enforced us, to our extreme loss, to give them all libertie, who had cost us about 16 or 20 pounds a person furnishing and sending over. But bearing theis things as we might, wee beganne to consult of the place of our sitting downe: for Salem, where wee landed, pleased us not. [They decide upon six new settlements, besides the already established Salem and Charlestown.] This dispersion troubled some of us; but helpe it wee could not, wanting ability to remove to any place fit to build a towne upon, and the time too short to deliberate longer, least the winter should surprise us before we had builded our houses. ... So, ceasing to consult further for that time, they who had health to labour fell to building, wherein many were interrupted with sicknes, and many dyed weekely, yea almost dayley. ... Insomuch that the shipps being now uppon their returne ... there was, as I take it, not much less than an hundred (some think many more) partly out of dislike of our government which restrained and punished their excesses, and partly through fear of famine (not seeinge other means than by their labour to feed themselves), which returned back againe. And glad were wee so to bee ridd of them. Others also, afterwards hearing of men of their owne disposition which were planted at Piscataway, went from us to them; whereby though our numbers were lessened, yet wee accounted ourselves nothing weakened by their removall.

Before the departure of the shipps, wee contracted with Mr. Peirce, Mr. [Master] of the Lyon ... to returne to us with speed with fresh supplies of victualls....

The shipps beeinge gone, victualls wastinge, and mortality increasinge, wee held diverse fasts in our severall congregations, but the Lord would not yet bee depricated [A long list of deaths] And of the people who came over with us ... [from Aprill to December] there dyed by estimacion about 200 at the least....

If any come hether to plant for worldly ends, that canne live well at home, hee comits an errour of which hee will soon repent him. But if for spirittuall, and that noe particular obstacle hinder his removeall, he may finde here what may well content him: viz., materialls to build, fewell to burn, ground to plant, seas and rivers to ffish in, a pure ayer to breath in, good water to drinke till wine or beare canne be made,--which, toegether with the cowes, hoggs, and goates brought hether allready, may suffice for food; for as for foule and venison, they are dainties here as well as in England. Ffor cloaths and beddinge they must bringe them with them, till time and industry produce them here. In a word, wee yett enjoy little to bee envyed, but endure much to bee pytyed in the sicknes and mortalitye of our people. And I do the more willingly use this open and plaine dealinge, least other men should fall short of their expectations when they come hether, as wee to our great prejudice did, by means of letters sent us from hence into England, wherein honest men, out of a desire to draw over others to them, wrote somewhat hyperbolically of many things here. If any godly men out of religious ends will come over to helpe us ... I thinke they cannot dispose of themselves or their estates more to Gods glory ... but they must not bee of the poorer sort yett for diverse yeares. Ffor we have found by experience that they have hindered, not furthered the worke. And for profaine and deboshed persons, their oversight in comeinge hether is wondered at, where they shall finde nothing to content them. If there bee any endued with grace and furnished with meanes to feed themselves and theirs for 18 months, and to build and plant,--lett them come into our Macedonia to helpe us.

[Record of disasters; the return of the Lyon] ... Also, to increase the heape of our sorrous, wee received advertisement by letters from our friends in England and by the reports of those who came hether in this shipp to abide with us ... that those who went discontentedly from us last yeare, out of their evill affections towards us, have raised many false and scandelous reports against us, affirminge us to be Brounists in religion and ill affected to our state at home, and that theis vile reports have wonne creditt with some who formerly wished us well. But wee doe desire, and cannot but hope, that wise and impartiall men will at length consider that such malcontents have ever pursued this manner of casting dirt to make others seeme as fowle as themselves, and that our godly friends to whom wee have ben knowne will not easily believe that wee are soe soon turned from the profession wee soe long have made in our native Country. And for our further clearing, I truely affirme that I know noe one person who came over with us the last yeare to bee altered in his judgment and affection eyther in ecclesiasticall or civill respects since our comeinge hether; but wee doe continue to pray dayley for our soveraigne lord the Kinge, the Queene, the Prince, the royal blood, the counsaile, and the whole state, as dutye bindes us to doe and reason persuades others to believe. For how ungodly and unthankfull should wee be if wee should not thus doe ... Lett our friends therefore give no creditt to such malicious aspersions, but bee more ready to answer for us than wee heare they have bene. Wee are not like those which have dispensation to lye....

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 6_d._ 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 12_d._ a day, and the inferior sorte not above 8_d._ 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.

* * * * *