USA > Massachusetts > Chronicles of the first planters of the colony of Massachusetts Bay, 1623-1636 > Part 15
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And as we have hereby desired that a store-house be built for the shipwrights and their provisions, and an inventory kept thereof, so we desire likewise that the same course be observed for the fishermen, and an inventory be duly kept of all the provisions and implements for fishing, and a copy thereof to be sent unto us ; and that such a careful person be appoint- ed to take care and charge thereof, to preserve the
1 This was probably the first ves- sel built in the Colony, and preceded, by at least two years, the building of Winthrop's bark at Mistick, call- ed the Blessing of the Bay, of 30 tons, which was launched July 4, 1631. Cradock, as we have seen, page 137, carried on ship-building at his plantation on Mistick river, and in 1633 had a vessel on the stocks of 100 tons, and the next year was to build another of twice the burden. In 1636, a ship of 120 tons, called the Desire, was built at Marblehead. In 1640 Hugh Peters " procured some to join for building a ship at Salem of 300 tons, and the inhabitants of Boston, stirred up by his example, set upon building an- other at Boston of 150 tons." Her name was the Trial. In the sum- mer of 1642 five ships more were built, three at Boston, one at Dor- chester, and one at Salem. In 1644, a ship of 250 tons was built at Cam- bridge, and another of 200 at Bos- ton. Oct. 17, 1646, a ship of 300
tons was launched at Boston. The author of New-England's First Fruits, writing from Boston, Sept. 26, 1642, says, " Besides many boats, shallops, hoys, lighters, pin- naces, we are in a way of building ships of an 100, 200, 300, 400 tons. Five of them are already at sea, many more in hand at this present, we being much encouraged herein by reason of the plenty and excel- lency of our timber for that purpose, and seeing all the materials will be had there in short time." Such was the origin and early progress of ship-building in Massachusetts, a branch of her industry which, in the year ending April 1, 1845, employed 1017 men, and produced 112 vessels, whose burthen was 26,312 tons, and whose value was $1,172,147. See Savage's Win- throp, i. 57, 60, 193, ii. 24, 65, 173, 278 ; Mass. Hist. Coll. i. 248; Statistics of the Condition and Pro- ducts of certain Branches of Indus- try in Massachusetts, p. 362.
186
THOMAS BEARD, THE FIRST SHOEMAKER.
CHAP. same from loss and spoil, as you in your discretions VI. shall think fit ; which we pray you take into your 1629. especial care and consideration ; and so to order this May 28. and other business, by distributing the care thereof to several persons, that the burthen be not too heavy to any particular, and so the business itself suffer. And this care we desire may be taken, for that we know not how soon we may resolve of some other division.
Thomas Beard,1 a shoemaker, and Isaac Rickman, being both recommended to us by Mr. Simon Whet- combe,2 to receive their diet and house-room at the charge of the Company, we have agreed they shall be with you, the Governor, or placed elsewhere, as you shall think good, and receive from you, or by your appointment, their diet and lodging ; for which they are to pay, each of them, after the rate of £10 per annum. And we desire to receive a certificate under the hand of whomsoever they shall be so dieted and lodged with, how long time they have remained with them, in case they shall otherwise dispose of themselves, before the year be expired, or at least- wise at the end of each year, to the end we may here receive payment according to the said agreement. The said Thomas Beard hath in the ship the May- flower divers hides, both for soles and upper leathers, which he intends to make up in boots and shoes there in the country. We pray you let Mr. Peirce, the master of the said ship, view the said leather, and estimate what tonnage the same may import ; that so
1 Thomas Beard was admitted a freeman May 10, 1643.
'Whetcombe was one of the pa- tentees named in the Charter, and,
as appears from the preceding Rec- ords, was a very active member of the Company, and a constant at- tendant at its meetings.
187
LANDS TO BE HELD BY SERVICE.
the said Beard may either pay unto you there after CHAP. VI. the rate of £4 per ton for freight of the same; the ~ like for his diet, if there be occasion to use any of his 1629. commodities ; or otherwise, upon your advice, we May 28. may receive it of Mr. Whetcombe, who hath prom- ised to see the same discharged. We desire also the said Thomas Beard may have fifty acres of land allotted to him, as one that transports himself at his own charge. But as well for him as all others that shall have land allotted to them in that kind, and are no adventurers in the common stock, which is to support the charge of fortifications, as also for the ministry1 and divers other affairs, we hold it fit that these kind of men, as also such as shall come to in- herit lands by their service, should, by way of ac- knowledgment to such from whom they receive these lands, become liable to the performance of some ser- vice, certain days in the year, and by that service they and their posterity after them to hold and inherit these lands ;2 which will be a good means to enjoy their lands from being held in capite, and to support the Plantation in general and particular.
We may not omit, out of our zeal for the general good, once more to put you in mind to be very cir- cumspect in the infancy of the Plantation to settle some good orders, whereby all persons resident upon our Plantation may apply themselves to one calling,
1 See pages 96 and 148. Hutch- inson, i. 14, says that no notice was taken in the Colony of the provision that one half of the charge of the fortifications and support of the min- isters should be paid out of the joint stock.
2 This feudal tenure was never established. Land was too plentiful
and cheap to authorize it, or render it practicable ; and accordingly it was all held in fee simple. One of the early settlers, writing home from New-Plymouth in 1621, says, " We are all freeholders ; the rent-day doth not trouble us." See Chroni- cles of Plymouth, p. 250.
188
JUSTICE TO BE IMPARTIALLY ADMINISTERED.
CHAP. or other, and no idle drone be permitted to live VI. amongst us ;1 which if you take care now at the first 1629. to establish, will be an undoubted means, through · May 28. God's assistance, to prevent a world of disorders, and many grievous sins and sinners.
The course we have prescribed for keeping a daily register in each family, of what is done by all and every person in the family, will be a great help and remembrance to you, and to future posterity2 for the upholding and continuance of this good act, if once well begun and settled ; which we heartily wish and desire, as aforesaid.
And as we desire all should live in some honest calling and profession, so we pray you to be unpar- tial in the administration of justice, and endeavour that no man whatsoever, freeman or servant to any, may have just cause of complaint herein. And for that it cannot be avoided but offences will be given, we heartily pray you to admit of all complaints that shall be made to you, or any of you that are of the Council, be the complaint never so mean, and pass it not slightly over, but seriously examine the truth of the business ; and if you find there was just cause for the complaint, endeavour to right the oppressed in the best manner you can. But, howsoever, take some strict course to prevent the like ; and such as are by us put in authority, as subordinate governors of families, if they shall abuse any under their gov- ernment, and after a gentle admonition do not reform
' This is noteworthy.
2 Posterity would have liked to see these family registers, and regrets that none of them have been preserv-
ed. They might have thrown light on the history of families, and the character and struggles of the first planters.
189
SWEARERS TO BE PUNISHED.
it, fail not speedily to remove them, as men more fit CHAP. to be governed than to govern others, and place VI. more fit and sufficient men in their stead. But if 1629. you find any complaint to be made without just cause May 28. given, let not such a fault escape without severe punishment, and that forthwith, and in public, whereby to terrify all others from daring to complain against any that shall be set over them without a just cause. We pray you take this earnestly to heart, and neglect not the due execution thereof upon plaintiff or defendant, according to the nature of the offence. It will be a means, through God's mercy, of preventing many inconveniences and disorders, that otherwise will undoubtedly befall you and the whole government there.
And amongst other sins we pray you make some good laws for the punishing of swearers, whereunto it is to be feared too many are addicted that are ser- vants sent over formerly and now. These and other abuses we pray you who are in authority to endeav- our seriously to reform, if ever you expect comfort or a blessing from God upon our Plantation.
We have discharged divers servants here that we had entertained and been at great charges with some of them. Yet fearing their ill life might be prejudi- cial to the Plantation, we rather thought fit to dis- miss them and lose our charges, than to burthen the Plantation with them.1 Amongst others, in like
1 The Company seem to have taken all possible precautions to pre- vent immoral persons from going over to their Plantation. They in- tended to colonize only " the best." As was said by William Stoughton,
afterwards Lieutenant-Governor, in the Election Sermon which he preached in 1668, "God sifted a whole nation, that he might send choice grain over into this wilder- ness."
190
SPIRITS NOT TO BE SOLD TO THE INDIANS.
CHAP. manner dismissed by the Governor, two of the three VI. fishermen of his formerly mentioned are gone. We 1629. May 28. doubt not but God will in due time provide us suffi- ciently with honest and able servants, and we hope these sent will be conformable to good government ; which if they do willingly and cheerfully, will be the greater comfort to you and us ; if otherwise, we doubt not but you in your good discretions will know how to proceed with such. Wherein, and in all things else you go about, we beseech the Almighty so to direct you, as that God alone may have the glory, and you and we comfort here temporally, and hereafter perpetually.
We pray you to take notice that in these and the former ships there is shipped in cattle and other pro- visions, according to particular invoices here enclos- ed ; but whether all things be inserted in the same invoices we make doubt, and therefore pray you to be careful a due register be kept of all put ashore.
We pray you endeavour, though there be much strong waters sent for sale, yet so to order it as that the salvages may not, for our lucre sake, be induced to the excessive use, or rather abuse of it ;1 and at any hand take care our people give no ill example ; and if any shall exceed in that inordinate kind of drinking as to become drunk, we hope you will take care his punishment be made exemplary for all others. Let the laws be first published to forbid these disorders, and all others you fear may grow up ; whereby they may not pretend ignorance of the
1 In conformity with this direc- tion, several orders were made, at different times, forbidding any per- son in the Colony selling strong .
liquors to the Indians. See Mass. Colony Laws, p. 76, (ed. 1672,) p. 134, (ed. 1814.)
191
THE COMPANY'S INSTRUCTIONS.
one nor privilege to offend ; and then fear not to put CHAP. VI. good laws, made upon good ground and warrant, in due execution. 1629.
And so recommending you and all your affairs to the protection of the Almighty, we conclude, and rest, Yours, &c.
May
28.
Gravesend, 3 June, 1629.
To the worshipful our very loving friends, CAPT. JOHN ENDECOTT, EsQ., Governor, FRANCIS HIGGENSON, SAMUEL SKELTON, FRANCIS BRIGHT, JOHN and SAMUEL BROWNE, SAMUEL SHARPE, THOMAS GRAVES, and the rest of the Council for London's Plantation in the Mattachusetts Bay, in New- England.1
1 These two General Letters of Instructions to Gov. Endicott and his Council, are bound up at the end of the first book of Deeds in the Re- gistry of Suffolk. How they came there, is not known. They are in the hand-writing of Burgess, the second Secretary of the Company, as will be
manifest to any one who will inspect and compare them with his entries in the first volume of the Court Records at the State House. The manuscript is either the duplicate mentioned on page 166, or part of the Company's Letter Book, men- tioned on page 99.
CHAPTER VII.
THE FORM OF GOVERNMENT FOR THE COLONY.
CHAP. VII. A GENERAL Court holden at London the 30th day of April, 1629, by the Governor and Company of the 1629. Mattachusetts Bay, in New-England.1
Whereas the King's most excellent Majesty hath been graciously pleased to erect and establish us, by his letters patents under the great seal of England, to be a body corporate, entitled The Governor and Company of the Mattachusetts Bay in New-England ; and thereby hath endowed us with many large and ample privileges and immunities, with power to make good and wholesome laws, orders, and ordinances, for the better maintenance and support of the said privileges, and for the better and more orderly and regular government to be observed in the prosecu- tion and propagation of our intended voyages and the Plantation there; authorizing us to nominate and appoint and select fit persons amongst ourselves for the managing, ordering and governing of our affairs, both in England and in the places specified and
1 See pages 66, 68, 73, and 144.
April 30.
193
ENDICOTT APPOINTED GOVERNOR.
granted unto us by virtue of his Majesty's said char- CHAP. VII.
ter : We have, in the prosecution of the said power and authority given us, and in conformity thereunto, 1629. April 30
and to the purpose and intent thereof, and not other- wise, thought fit to settle and establish an absolute1 government at our Plantation in the said Mattachu- setts Bay, in New-England ; which, by the vote and consent of a full and ample Court now assembled, is thought fit and ordered, as followeth, viz.
That thirteen of such as shall be reputed the most wise, honest, expert, and discreet persons, resident upon the said Plantation, shall, from time to time, and at all time hereafter, have the sole managing and ordering of the government and of our affairs there ; who, to the best of their judgments, are to endeav- our so to settle the same as may make most to the glory of God, the furtherance and advancement of this hopeful Plantation, the comfort, encouragement, and future benefit of us and others, the beginners and prosecutors of this so laudable a work ; the said thirteen persons so appointed to be entitled by the name of The Governor and Council of London's Plant- ation in the Mattachusetts Bay in New-England.
And having taken into due consideration the merit, worth, and good desert of Captain John Endecott, and others lately gone over from hence with purpose to reside and continue there, we have, with full consent and authority of this Court, and by erection of hands, chosen and elected the said Cap- tain John Endecott to the place of present Governor in our said Plantation.
1 This is noteworthy.
13
194
ENDICOTT'S COUNCIL.
CHAP. VII.
Also, by the same power, and with the like full and free consent, we have chosen and elected Mr. 1629. Francis Higgesson, Mr. Samuel Skelton, Mr. Francis April Bright, Mr. John Browne, Mr. Samuel Browne, Mr. 30. Thomas Graves, and Mr. Samuel Sharpe, these seven, to be of the said Council ; and do hereby give power and authority to the said Governor and those seven to make choice of three others, such as they, or the greater number of them, in their discretions shall esteem and conceive most fit thereunto, to be also of the said Council.
And to the end that the former planters1 there may have no just occasion of exception, as being ex- cluded out of the privileges of the Company, this Court are content, and do order, by erection of hands, that such of the said former planters as are willing to live within the limits of our Plantation, shall be enabled and are hereby authorized, to make choice of two, such as they shall think fit, to supply and make up the number of twelve of the said Council ; one of which twelve is by the Governor and Council, or the major part of them, to be chosen Deputy to the Governor for the time being.
And further, the Court doth authorize and give power to the said Governor and Council, or the ma- jor part of them, (whereof the Governor or Deputy to be always one,) to make choice of a Secretary and such other subordinate officers, to attend them at their courts, meetings, or otherwise, as in their dis- cretions shall seem meet and needful. And to the end that every one of the forenamed officers, as well Governor, Deputy, and Council, as others whom
1 Conant and his associates, employed by the Dorchester adventurers. See page 145.
195
THE GOVERNMENT CHOSEN FOR ONE YEAR.
they shall think fit to nominate and choose, may be CHAP. the more careful in performance of the charge com-
VII. mitted unto them, it is by this Court thought fit and 1629. ordered, that each of them shall take an oath, proper April 30. to that place he shall be elected and chosen to, which is to be administered unto him or them at the time of his or their election or admittance into the said several place or places.
And we do hereby authorize [blank] to administer unto the Governor the oath to his place appertain- ing ; and that the Governor, having taken his oath, as aforesaid, shall administer the oath to the Deputy appertaining to his place. And we do further hereby authorize the Governor, or Deputy, or either of them, to administer the oath to the rest of the Council, and unto all others the several officers respectively ; which said oaths are to be administered in a public Court, and not elsewhere.
It is further concluded on, and ordered by this Court, that the said Governor, Deputy, and Council, before named, so chosen and established in their several places, shall continue and be confirmed therein for the space of one whole year, from and after the taking the oath, or until such time as this Court shall think fit to make choice of any others to succeed in the place or places of them, or any of them. And if it shall please God that any of them, or any others to be hereafter chosen to any office there, shall depart this life before the expiration of the time they were so chosen, or for any misde- meanour or unfitness shall be held unmeet for the place he was formerly chosen unto, that then the Governor, or Deputy, and Council, or the greater number of them, at an ample Court assembled, shall
196
THE GOVERNMENT TO MAKE LAWS.
CHAP. have power, and hereby are authorized, not only to VII. remove and displace such unfit person or persons,1 1629. but also to nominate and choose a fit person or per- April 30. sons to succeed him or them so deceased, removed, or displaced, as aforesaid, into the said place or places, for the residue of the time unexpired.
And it is further agreed on and ordered, that the Governor for the time being, shall have power, and is hereby authorized, to call courts and meetings in places and at times convenient, as to his discretion shall seem meet ; which power is hereby also con- ferred upon the Deputy, in the absence of the said Governor. And the said Governor or Deputy, to- gether with the said Council, being chosen and as- sembled as aforesaid, and having taken their oaths respectively to their several places, they, or the greater number of them, whereof the Governor or Deputy to be always one, are authorized by this Act, grounded on the power derived from his Majesty's charter, to make, ordain, and establish all manner of wholesome and reasonable laws, orders, ordinances, and constitutions,2 (so as the same be no way repug- nant or contrary to the laws of the realm of Eng- land,) for the administering of justice upon malefac- tors, and inflicting condign punishment upon all other offenders, and for the furtherance and propagating of the said Plantation, and the more decent and orderly government of the inhabitants resident there.3
1 This justified Endicott in dis- placing the Brownes from the Coun- cil. They had been guilty, to say the least, of a misdemeanour.
Instructions, in the Charter and
2 in the Company's Records. Seep. 67.
3 This Act for establishing the government in New-England, is printed from the copy transcribed into the Company's Records, by Secretary Burgess, fol. 11-14.
CHAPTER VIII.
THE ALLOTMENT OF THE LANDS.
AT a Court of Assistants on Thursday, the 21st of May, 1629.1
This Court taking into due and mature considera- CHAP. tion how necessary it will be that a dividend be VIII. forthwith made of some competent quantity of land 1629. May 21. in the London Plantation in New-England, both for the present accommodation of the people lately gone thither, as well to build them houses, as to enclose and manure, and to feed their cattle on, have thought fit and ordered, that the Governor, Deputy, and Council there shall make a dividend accordingly, and allot the same unto the several adventurers and others, as followeth, viz.
That two hundred acres of land be by them allot- ted to each adventurer for £50 adventure in the common stock, and so after that rate, and according to that proportion, for more or less, as the adventure is, to the intent they may build their houses and improve their labors thereon.
1 See pages 74-77.
198
THE ALLOTMENT OF LANDS.
CHAP. VIII. That every adventurer in the common stock, or his servant for him or on his behalf, shall make re- 1629. May 21. quest or demand to the Governor or Deputy and Council, to have a proportion of land allotted unto him accordingly ; and if, within ten days after such request or demand made, the same be not set out and allotted unto him, then such person or persons are, by virtue of this Act, permitted and authorized to seat him or themselves, and build his or their house or houses, and enclose and manure ground in any convenient place or places not formerly built upon or manured ; provided that the land so made choice of by any such person or persons do not ex- ceed in quantity the one half of the land which is to be allotted unto him or them by dividend, according to this order above written ; with liberty also, when the first dividend shall be made, to take his or their allotment of land as others do, in lieu of this, if in the mean time the first choice shall be disliked by them, or any of them.
And for further explanation of this Act, it is thought fit, that if the plot of ground whereon the town is to be built be set out, and that it be publicly known to be intended for that purpose, that then no man shall presume to build his house in any other place, unless it be in the Mattachusetts Bay, and there according to such direction as shall be thought meet for that place. And in case his allotment for building his house within the plot of ground set out for building of the town be not appointed unto him within ten days after demand or request to the Gov- ernor or the Deputy and Council for the same, it shall be free for any, being an adventurer in the
199
THE ALLOTMENT OF LANDS.
common stock, or his servant for him or on his be- CHAP. half, to build his house in any place within the said VIII. plot set out for the town, and to impale to the quan- 1629. tity of half an acre of ground for each £50 adventure May 21. in the common stock ; unless a greater or lesser proportion be formerly determined by the Governor and Council, by which each builder is to be guided and directed.
It is further thought fit and ordered, that all such as go over in person, or send over others at their own charge, and are adventurers in the common stock, shall have lands allotted unto them for each person they transport to inhabit the Plantation, as well servants as all others ; which fifty acres of land, so allotted to servants or others, is hereby ordered to be to and for the use of his master or setter forth, being an adventurer in the common stock, to dispose of at his discretion, in regard the master, &c. is at the charge of the said servant and others their trans- portation, wages, and otherwise. But for such as being no adventurers in the common stock shall transport themselves and their families, it is ordered that fifty acres of land shall be allotted and set out for the master of the family, and such a proportion of land more, if there be cause, as, according to their charge and quality, the Governor and Council of the Plantation there shall think necessary for them, whereby their charge may be fully and amply sup- ported; unless it be to any with whom the Company in London have or shall make any other particular agreement, to which relation is to be had in such case.
And to the end every adventurer may the more
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