Chapter XIV: Act VII: Be it enacted by this present Grand Assembly ... That the (6)

If any man stealeth a man or mankinde, he shall surely be put to death.

11

[Sidenote: 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insueing, And such of them as shall not be altered or repealed they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_ 10_s_
Land inclosed not broken up the
Acre, 10_s_
The further Plaine shall pay upon the Acre, 5_s_
The dividents, the remote meddows and
the hither Plaine, 10_s_
The land in lieu of the Towne Plott the
Acre, 1_s_
The Farmes shall pay upon the Acre, 6_d_
The home meddows shall pay the Acre, 1 _lb_ 10_s_

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_ 10_s_
Calves, under a year, at 1 _lb_
Goats, at 10_s_
Sheep, at 2 _lb_
Hogs, a year old, at 1 _lb_
Pigs, 3 months old, at 6_s_ 8_d_
Colts, at 17_s_ 6_d_
Lambs, at 5_s_
Kids, at 2_s_ 8_d_

(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 10_s_
Item, for fencing the Burying place 6 _lb_ 10_s_
Item, formerly due to the Officers 30 _lb_
Item, for the Capitall Laws 10_s_
Item, for the Court Orders, 3 M 1642 11_s_ 3_d_
Item, to John Knolls pastor for 1 quarter 10 _lb_
Item, to George Phillips pastor for half yeare due
Jan. 1 33 _lb_ 6_s_ 8_d_

(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.

[Sidenote: 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....

FOOTNOTES:

[47] Had the Assistants legal right, under the charter, to appoint such officers and define their powers? It is worthy of note, that, Nov. 30/Dec. 9, 1630, Sir Richard Saltonstall was "fyned V £ for whipping 2 severall persons without the presence of another Assistant, contrary to an act of Court formerly made."

[48] Cf. _American History and Government_, ## 62, 64, 77, note, etc., for several illustrative quotations not given in this volume.

[49] Cf. No. 65 (9).

[50] A marginal note in the manuscript, in Winthrop's handwriting, adds "chosen by papers." This election of Winthrop's rival, by a secret ballot, was the democratic answer to Cotton's argument above.

[51] For the significance of the difference between this oath and that in (1) above, cf. _American History and Government_, # 64.

[52] This enactment is the formal establishment of representative government in the colony,--in accordance with the character of this Court which so decreed. Cf. Introduction, above, to this No. 67 _b._ (2).

[53] Not more than four, so the vote stood probably 18 for, and 15 against. But the new claim of the Assistants that at least six magistrates must be "in the vote" (_i.e._ vote yes) prevents action.

[54] It is refreshing to see that the gentle Puritan women were not to be controlled in the matter. In 1638, four years later, Winthrop has the following item:

"The court, taking into consideration the great disorder general through the country in costliness of apparel, and following new fashions, sent for the elders of the churches, and conferred with them about it, and laid it upon them, as belonging to them, to redress it, by urging it upon the consciences of their people, which they promised to do. But little was done about it; _for divers of the elders' wives, etc., were in some measure partners in this general disorder_."

[55] Cf. Ludlow's extreme fear of democracy in No. 64, above.

[56] The mid-week (Thursday) religious service, then held in the morning, of which our Thursday evening "prayer meetings" are a survival. Boston had no town government, as yet, with regular town meetings; but the gathering for this religious purpose was utilized for a special governmental purpose.

[57] The aristocratic protest won; at the second election, the usual gentlemen were placed upon the committee.

[58] The immediate occasion was the desire to satisfy Lord Say and Lord Brooke. Cf. No. 75, below.

[59] This provision for "proxies," or written ballots (as the men of that day used the term "proxy" often), was soon extended to all towns at all annual elections.

[60] The regulation regarding churches was needful to supplement the restriction of the franchise to church members (No. 63 (4)).

[61] Presumably Winthrop and Cotton, who had stayed at Newtown for the Court.

[62] Observe the plain threat, cloaked in this language, that the colony would rebel rather than surrender its charter. The real leaders of revolt would have been, not "the common people," but Winthrop and his friends, who drew up this paper.

[63] For a brief history of this proceeding, cf. _American History and Government_, # 81. The code was established in 1641. See No. 78, below.

[64] This law shows that in 1641 the two orders of the Assembly had come to sit by themselves frequently. For the final separation, see No. 80.

[65] The "peremptory challenge" of the Plymouth Code does not appear here.

[66] Cf. No. 65 (8).

[67] These terms are relative. Winthrop describes, after this date, the cruel flogging of a woman for a matter of opinion, and says that she had her tongue put in "a cleft stick" for half an hour, for "abusing" the magistrates who punished her.

[68] This is a protest against the occasional arbitrary action of the Massachusetts governor in past years. Both Winthrop and Vane had been guilty of refusing to put motions to the General Court.

[69] The coroner's jury had existed by custom in the colony from the first.

[70] This recognized existing local practice. Cf. No. 66.

[71] This democratic advance had been taken two years earlier in Connecticut. Cf. No. 93.

[72] Actual practice disregarded this limitation to nine, and also the attempt to restrict the "select men" and the voters to "freemen." 74 should have followed 66.

[73] This with the first half of the next law is based upon the Jewish law.

[74] This noble provision soon became a dead letter.

[75] To give the prefix Mrs. (Mistress) to this poor woman would be wholly out of keeping with the usage of that day.

[76] Cf. also some of the entries in the extracts from the _Watertown Records_, No. 83, below.

[77] The heading is missing (by mutilation) from the _Records_.

[78] This was a fee for a very indefinite description of title: cf. (8), below, and note.

[79] The descriptions of such divisions of lands were exceeding vague,--illustrated by the following entry from the _Records_ of the Town of Plymouth,--rather clearer than the average but selected here because of its brevity:--

"Ordered to be Recorded pr. Thomas Southworth:

haveing order att a Townemeeting held the second day of January 1666 for the bounding of ten acrees of land graunted to Benjamine Eaton lying above the lands that was formerly George Clarkes and betwixt ffrancis Billingtons lott and the lotts that were John Cookes; have layed it out on the westward side of the swamp called Bradfords Marsh and on the south side and east end of the said land have bounded it with a swamp wood tree standing att or in the swamp: from thence the line extends nearest southwest and by west to a Red oake tree marked and standing on the westward side of the Topp of a hill; and on the north side and east end next to the swamp with a young walnutt sapling, and from the said walnut the line extends nearest southwest and by west unto a forked Red oake sapling; bounded Aprill 11th 1667 pr Will: Crow."

The following entry of a "deed" from the _Early Records of the Town of Providence_ illustrates the worst cases of land titles:--

"Be it knowne unto all men by these presences that I, wissawyamake, an Ingen about the age of 23 yeares ould, now dwilling at Sekescute ner providinc, have barganed and sould unto thomas Clemenes of providinc one medow Containing about 8 Akers mor or lese, a broke at each End and a hille on the weaste sid of it and wenasbetuckit river on the other sid of it and have sould unto him the free use of the river allso, to which bargen I the sayd Ingen do hearby bine me my hayrs Exctors adminstratrs and asignes to parfforme the bargon unto Thomas Clemenes his hayrs and asignes and I the aforesaid Ingen doe here by bind me my silfe my hayrs Exctors adminstratrs and asigns uppon the ffortner of our silves forfite unto thomas Clemenes and to his hayrs Exstors adminstrators and asignes if I the sayd Ingen be not the right honer of the above sayd midowe and do herby warante to thomis Clemenes the fall of it agaynst all Engens and men what ever under witten this 9th day of January 1654 in the presents of Joshua ffoot"

"the mark X of
wissowyamake"

"the marke H of henry
ffowler"

[80] Tenth month (December), thirty-first day.

[81] This English term for _local_ taxes was used in the early colonies.

XIV. MASSACHUSETTS AND PERSECUTION

As long as she was permitted to do so, Massachusetts secured religious uniformity by expelling or persecuting intruders who dissented from the established order. This was the practice and theory of all states in that day except Holland. Some individuals had advanced further, however, both in England and America (cf. _American History and Government_, # 84, close, for illustrations); and religious freedom was the fundamental principle in the Rhode Island "experiment" (No. 90, below).

84. Puritan Arguments for and against Persecution

_a. The Simple Cobbler of Agawam, 1647_

Nathaniel Ward, minister of Ipswich (Agawam), was one of the few
of the Massachusetts clergy with democratic leanings. He had been
helpful in drafting the democratic _Body of Liberties_ (No. 78).
But like that other democratic minister, Thomas Hooker (No. 93),
Ward was a strict _theocrat_. His _Simple Cobbler of Aggawamm_ was
published in London in 1647.

... FIRST, such as have given or taken any unfriendly reports of us _New-English_, should doe well to recollect themselves. Wee have beene reputed a Colluvies of wild Opinionists, swarmed into a remote wildernes to find elbow-roome for our phanatick Doctrines and practises: I trust our diligence past, and constant sedulity against such persons and courses, will plead better things for us. I dare take upon me, to bee the Herauld of _New-England_ so farre, as to proclaime to the world, in the name of our Colony, that all Familists, Antinomians, Anabaptists, and other Enthusiasts _shall have free Liberty to keepe away from us_, and such as will come to be gone as fast as they can, the sooner the better.

Secondly, I dare averre, that God doth no where in his word tolerate Christian States to give Tolerations to such adversaries of his Truth, if they have power in their hands to suppresse them....

Not to tolerate things meerly indifferent to weak consciences, argues a conscience too strong: pressed uniformity in these, causes much disunity: _To tolerate more then indifferents_, is not to deale indifferently with God: He that doth it, takes his Scepter out of his hand, and bids him stand by....

Concerning Tolerations I may further assert.

That Persecution of true Religion, and Toleration of false, are the _Jannes_ and _Jambres_ to the Kingdome of Christ, _whereof the last is farre the worst_....

_Frederick_ Duke of _Saxon_, spake not one foote beyond the mark when he said. He had rather the Earth should swallow him up quick, then he should give a toleration to any opinion against any truth of God.

He that is willing to tolerate any Religion, or discrepant way of Religion, besides his own, unlesse it be in matters meerly indifferent, either doubts of his own, or is not sincere in it.

He that is willing to tolerate any unsound Opinion, that his own may also be tolerated, though never so sound, will for a need hang Gods Bible at the Devills girdle.

Every Toleration of false Religions or Opinions hath as many Errours and sins in it as all the false Religions and Opinions it tolerats, and one sound one more.

That State that will give Liberty of Conscience in matters of Religion, must give Liberty of Conscience and Conversation in their Morall Laws, or else the Fiddle will be out of tune, and some of the strings crack.

Experience will teach Churches and Christians, that _it is farre better to live in a State united, though a little Corrupt, then in a State, whereof some Part is incorrupt, and all the rest divided_.