Records of the Governor and Company of Massachusetts Bay, I (under dates given). Cf. Introduction to No. 57.
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.]
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,"—probablyno 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." Apparentlytheywere 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.]
[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,"—probablyno 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." Apparentlytheywere 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?]
[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 commonsthen 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 theRecords; 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.]
[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 theRecords; 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.]
Winthrop'sHistory of New England(under dates given).Cf. introductory statements to No. 62aabove.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.
Winthrop'sHistory of New England(under dates given).
Cf. introductory statements to No. 62aabove.
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.]
[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 hadpower 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.]
[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 theRecords, but in agreement with these statements ofWinthrop. TheRecordsomit, 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.]
[The facts about this meeting of the General Court are given even more briefly in theRecords, but in agreement with these statements ofWinthrop. TheRecordsomit, 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.]
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 theCourts of Assistants, meeting at Charlestown or Boston.
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 theCourts 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 2s.a day, nor any man shall give more, under paine of Xs....
(2) [September 28/October 8, 1630.]
... It is ordered that labourers [i.e., unskilled] shall not take above 12d.a day for their worke, and not above 6d.and meate and drinke, under paine of Xs....
(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 anex post factolaw, made by the magistrates in imposing sentence.]
[No law had been made regarding such an offense. This is an instance of anex post factolaw, 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 Maynexte, 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.]
[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.]
[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 earlyRecords). For the definite establishment of the jury, see No. 67b, below. It was already in use, however, in capital trials. (Cf.American History and Government, § 80.) The extracts from the MassachusettsRecordsregarding those early cases are too long to give here.]
[Apparently no jury trial was permitted in this case (or in several other equally serious cases noted in the earlyRecords). For the definite establishment of the jury, see No. 67b, below. It was already in use, however, in capital trials. (Cf.American History and Government, § 80.) The extracts from the MassachusettsRecordsregarding 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.]
[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, whereina drunkardshalbe 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 XIsfor 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. TheRecordsshow 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.]
[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 XIsfor 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. TheRecordsshow 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 2s.a day, findeing themselves dyett, and not above 14d.a day if they have dyett found them, under the penalty of Vs., 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 18d.a day if they dyett themselves, and not above 8d.a day if they have dyett found them, under the aforesaid penalty, both to giver and receaver.
Likewise, that the wages of inferior labourers shalbe referd to the constable and 2 other, as aforesaid.
Maister taylours shall not take above 12d.a day, and the inferior sorte not above 8d.if they be dyeted, under the aforesaid penalty; and for all other worke they doe att home proporcionably, and soe for other worke that shalbe done ... by any other artificer.
Further, it is ordered, that all workemen shall worke the whole day, alloweing convenient tyme for foode and rest. This order to take place the 12th of this present moneth. [The "whole day" was from sun-rise to sun-set.]
It is further ordered, that noe person, howse houlder or other, shall spend his time idlely or unproffitably, under paine of such punishment as the Court shall thinke meete to inflicte; and for this end it is ordered, that the constable of every place shall use spetiall care and deligence to take knowledge of offenders in this kinde, espetially of common coasters, unprofittable fowlers, and tobacco takers, and to present the same to the 2 nexte Assistants, whoe shall have power to heare and determine the cause, or, if the matter be of importance, to transferr it to the Court.
[The following entries from Winthrop'sHistoryshow 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 readymoney 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.]
[The following entries from Winthrop'sHistoryshow 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 readymoney 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.]
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 DorchesterRecords, 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. 73b); but here we havea 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, seeAmerican History and Government, §§ 71-74.
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 DorchesterRecords, 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. 73b); but here we havea 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, seeAmerican History and Government, §§ 71-74.
An agreement made by the whole consent and vote of the Plantation made Mooneday 8th of October, 1633.
Inprimusit 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 andthe 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.
Winthrop'sHistory 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.
Winthrop'sHistory 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.
(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,beforethe usual wordGeneralitie. 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.
This court opens with a list of those present, giving, after the names of the Assistants, twenty-four other names written in different columns,beforethe usual wordGeneralitie. 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 subjectto the govermentthere 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 preserveall 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 againstit, 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....
Winthrop'sHistory of New England.
Winthrop'sHistory 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....
Winthrop'sHistory of New England.
Winthrop'sHistory 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 pamphletin favorof the negative voice; but for this he was not called to account.]
[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 pamphletin favorof the negative voice; but for this he was not called to account.]
Winthrop'sHistory of New England. For the one earlier instance, cf. No. 67aand note.
Winthrop'sHistory of New England. For the one earlier instance, cf. No. 67aand note.
[May 6/16, 1635.] A general court was held at Newtown, where John Haynes, Esq., was chosen governour, Richard Bellingham, Esq., deputy governour, and Mr. Hough and Mr. Dummer chosen assistants to the former; and Mr. Ludlow, the late deputy, left out of the magistracy. The reason was, partly, because the people would exercise their absolute power, etc., and partly upon some speeches of the deputy, who protested against the election of the governour as void, for that the deputies of the several towns had agreed upon the election before they came, etc.[55]But this was generally discussed, and the election adjudged good.
Mr. Endecott was also left out, and called into question about the defacing the cross in the ensign....
The governour and deputy were elected by papers, wherein their names were written; but the assistants were chosen by papers, without names, viz. the governour propounded one to the people; then they all went out, and came in at one door, and every man delivered a paper into a hat. Such as gave their vote for the party named, gave in a paper with some figures or scroll in it; others gave in a blank.
A petition was preferred by many of Dorchester, etc., for releasing the sentence against Mr. Stoughton the last general court; but it was rejected, and the sentence affirmed by the country to be just....
Winthrop'sHistory of New England.The use of the ballot noted in No. 70 was not the first in New England. An earlier instance in the General Court of the year before has been noted (No. 67a, note), and the following extract shows an instance of its use in a town election, along with other interesting political data. On the matter of the ballot, cf.American History and Government, § 77.
Winthrop'sHistory of New England.
The use of the ballot noted in No. 70 was not the first in New England. An earlier instance in the General Court of the year before has been noted (No. 67a, note), and the following extract shows an instance of its use in a town election, along with other interesting political data. On the matter of the ballot, cf.American History and Government, § 77.
December 11, 1634. This day after the lecture,[56]the inhabitants of Boston met to choose seven men who should divide the town lands among them. They choseby papers, and, in their choice, left out Mr. Winthrop, Coddington, and other of the chief men; only they chose one of the elders and a deacon, and the rest of the inferior sort, and Mr. Winthrop had the greater number before one of them by a voice or two. This they did, as fearing that the richer men would give the poorer sort no great proportions of land, but would rather leave a great part at liberty for new comers and for common, which Mr. Winthrop had oft persuaded them unto, as best for the town, etc. Mr. Cotton and divers others were offended at this choice, because they declined the magistrates; and Mr. Winthrop refused to be one upon such an election as was carried by a voice or two, telling them, that though, for his part, he did not apprehend any personal injury, nor did doubt of their good affection towards him, yet he was much grieved that Boston should be the first who should shake off their magistrates, especially Mr. Coddington, who had been alwaysso forward for their enlargement; adding further reason of declining this choice, to blot out so bad a precedent. Whereupon, at the motion of Mr. Cotton, who showed them, that it was the Lord's order among the Israelites to have all such businesses committed to the elders, and that it had been nearer the rule to have chosen some of each sort, etc., they all agreed to go to a new election, which was referred to the next lecture day.[57]
Records of the Governor and Company of Massachusetts Bay.
Records of the Governor and Company of Massachusetts Bay.
Att a Generall Court holden at NeweTowne, March 11th, 1634[March 21, 1635.]
It is ordered, that the present Governor, Deputy Governor, John Winthrop, John Humfry, John Haynes, John Endicott, William Coddington, William Pinchon, Increase Nowell, Richard Bellingham, Esquire, and Simon Birdstreete, or the major parte of them, whoe are deputed by this Court to dispose of all millitary affaires whatsoever, shall have full power and aucthority to see all former lawes concerneing all military men and municion executed, and also shall have full power to ordeyne or remove all millitary officers, and to make and tender to them an oathe suteable to their places, to dispose of all companyes, to make orders for them, and to make and tender to them a suteable oath, and to see that strickt dissipline and traineings be observed, and to command them forth upon any occacion they thinke meete, to make either offensive or defensive warr, as also to doe whatsoever may be further behoofefull, for the good of this plantacion, in case of any warr that may befall us, and also that the aforesaid commissioners, or the major parte of them, shall have power to imprison or confine any that they shall judge to be enemyes to the commonwealth, and such as will not comeunder command or restrainte, as they shalbe required, it shalbe lawfull for the said commissioners to putt such persons to death. This order to continue till the end of the next Generall Court.