History of Middlesex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. I, Part 3

Author: Hurd, D. Hamilton (Duane Hamilton), ed
Publication date: 1890
Publisher: Philadelphia, J. W. Lewis & co
Number of Pages: 1034

USA > Massachusetts > Middlesex County > History of Middlesex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. I > Part 3

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

their offices and placee respectively shall from tyme to tyme hereafter forever within the precincts and partes of Newe England hereby men- coed to be graunted and conformed or in the waie by sea thither or fromu thence, have full aud absolute power and anthoritie to correct, punishe, pardon, governe and rule all such the subjects of us, our heirs and snc- cessore, ne shall from tyme to tyme adventure themselves in any voyadge thither or from theace or that shall at any tyme hereafter inhabite withio the precincts and partes of Newe England aforesaid according to the orders, lawes, ordinnces, instruecons and direccons aforesaid not being repngoant to the lawes and statutes of our realme of England as aforesaid, And wee doe further, for ns, our heirs and successors, give and grannte to the said Governor and Company and their successors by theis presents, That it shall and maie be lawfull to and for the chiefe comanaders, governors and officers of said company for the time being who shalbe resident in the said parte of Newe England in America by theis presente graunted and others there inhabiting by their appointment and direccon from tyme to tyme and at all tymes hereafter for their speciall defence and safety to inconnter, expulse, repell, aud resist by force of armes as well by sea as by lande and by all fitting waies and means whatsoever, all such person and persons as shall at any tyme hereafter attempt or enterprise the destruccon, invasion, detriment or annoyance to the said plantation or inhabitants ; and to take and surprise by all waies and meanes whatsoever all and every such person and persons with their shippee, armour, municon and other goodes as shall in hostile manner invade or attempt the defeating of the said plantacon or the hurt of the said company and inhabitants, Nevertheles. our will and pleasure is, aod wee doe hereby declare to all Christian Kinges, Princee and statee that yf any person or persons which shall hereafter he of the said Com- pany or plantacon, or any other by lycense or appointment of the said Goveroor and Company for the tyme being, shall at any tyme or tymies hereafter robb or spoyle by sea or by land, or due any hurt, violence or unlawfull hostility to any of the subjects of us, our heires or successors, or any of the subjects of any Prince or State being then in league and amytie with us, our heiree and successors, and that upon such ininry don and upon just complaint of such Prince or State or their subjects Wee, our heires or successors, shall make upon proclamacon within any of the partes within our realme of England comodioue for that purpose, That the person or persons haveing comitted any such roberie or spoyle shall within the terme lymytted by such a proclamacon make full resti- tucon or satisfaccon of all such juiuriee don soe as the said Princes or others soe complayning maie hould themselves fullie satisfied and con- tented. And that yf the said person or persons having comitted such robbery or spoile shall not make or canse to he mude satisfaccon accord- ioglie withiu such time soe to be fymytted, That then it shalbe lawfull for us, our beires and successors, to putt the said psou or psons out of our allegiance and proteccon : And that it shalbe lawfull and free for all Princes to prosecute with hostilitie the said offeudors and every of them, their and every of their procurera, ayders, abettors and comforters io that behalf. Provided also aud onr expresse will and pleasure is, and wee doe hy theis presents fur us, onr heires and successors, ordeyue and ap- point That theis preseuts shall not in any manner enure or be taken to abridge, barr or hinder any of our loving subjects whatsoever to use and exercise the trade of hishing upon that coast of New England in America by theis peseuts mencoed to he graunted ; But that they and every or any of them shall have full aod free power and liberty to continue and use their said trade of fishing upon the said coast in any the seas thereunto adioyning on any armes of the seas or saltwater rivers where they have bya wont to fishe and to build and sett up upon the landes by theis presents grauuted such wharfes, etages und workehouses as shalhe neces- sarie for the salting, dryiug, keeping and tacking up of their fish to be taken or gotten upon that coast ; and to cutt downe and take such trees and other materialle there groweing or being or shalhe needfull for that purpose, and fell all other necessarie easemeuts, helpes and advantage concerning their said trade of fishing there in such manner and forul as they have byn heretofore at any tyme accustomed to doe without mak- ing any wilfull waste or epoyle, anything in theis presente conteyned tu the contrarie notwithstanding. And Wee doe further for us, our beireg and successors, ordeyne and graunte to the said Governor and Company and their successors by theis presents, That theis, our lettere patents, shalbe firme, good, effectuall und available in all thinges and to all in- tents and coustruccons of lawe according to our true meaning herein before declared, and ahalbe construed, reputed aud adindged in all cases most favourable on the behalf and for the benefitt and behoofe of the saide Governor and Company and their successors, although expresse mencou of the true yourely value or certenty of the premisscs or any of them or of any other guittes or granntey by us or any of our progenitors or predecessors to the foresaid Governor or Company before this time,

vii

MIDDLESEX COUNTY.

made in theie presente or not made, or any statute, nete, ordinace, pro- vision, proclamacon or restreinte to the contrarie thereof heretofore had, made, published, ordeyned or provided or any other matter, cause or thinge whatsoever to the contrarie thereof in any wise notwithstanding' In witnes whereof wee have caused theis our letters to be made patents, Witnes ourself at Westminster the fourth day of March, in the fourth yeare of our raigne

" Per Breve de Privato Sigillo,

" WOLSELEY.

" Prædict Matthæus Cradocke Juratus est de Fide et Obedientia Regi et Successorihus euis, et de Dabita Exequntione Officij Gubernatoris luxta Tenorem Preentium 180. Martij, 1628, Coram me Carolo Cæsare, Milite in Cancellaria Mro.

" CHAR. CÆSAR."

By this charter the claim of John Gorges, the as- signee of his brother Robert, and also that of John Oldham and John Dorrill, the lessees of Johu, seem to have been extinguished. But another claim had, in the mean time, sprung up which it was necessary to silence before the Massachusetts Company could become unobstructed possessors under their charter. John Gorges, under the grant made to his brother by the Plymouth Council, conveyed, by a deed dated January 10, 1629, to Sir William Brereton, of Hand- forth, in the County of Chester, England, "all the land in breadth lying from the east side of Charles River to the easterly part off the cape called Nahant, and all the lands lying in length twenty miles north- east into the main land from the month of the said Charles River, lying also in length twenty miles into the main land northeast from the said Cape Nahant ; also two islands lying next unto the shore between Nahant and Charles River, the bigger called Brereton and the lesser Susanna." This claim also was finally rejected by the Massachusetts Company with a propo- sition to the claimant, dated February 10, 1630, to join the company according to their charter and re- ceive all courteous respect and be accommodated with land and whatever might be necessary.

Sir Henry Rosewell, Sir John Young and Thomas Southcott sold out their interest to John Winthrop, Isaac Johnson, Matthew Cradock, Thomas Goffe and Sir Richard Saltonstall, who, with John Humfrey, John Endicott and Simon Whitcomb, the remaining original grantees, formed a new company. The finan- cial affairs of the company were at first managed in England, and Matthew|Cradock, who had been named by the King as Governor, was chosen to that office. John Endicott was sent out with a company in the summer of 1628, arriving at Salem in the ship " Abi- gail," on the 6th of September of that year. Endi- cott was followed by Rev. Francis Higginson, and about two hundred persons with him, embarking in the "George Boneventure," reaching New England on the 22d of June, and the " Talbot " and " Lion's Whelp " reaching New England on the 29th. While Cradock remained the Governor of the company in England, Endicott was, in a certain sense, the Gov- ernor of the Colony, and so remained until the arrival of John Winthrop with the charter, in 1630. The " Boneventure " brought from the company a letter

to Endicott, urging him to occupy the lands about Massachusetts Bay claimed by Oldham and Brereton, which extended from Charles River to Nahant along the coast and from five to twenty miles inland. They wrote as follows:

" Wa fear that as he (Oldham) hath been obstinate and violent in his proceedings here, so he will persiet and be ready to draw a party to him- eelf there to the great hindrance of the common quiet ; we have, therefore, thought fit to give you notice of hie disposition to the end you may be- ware how you meddle with him, ae aleo you may use the hest means you can to settle an agraement with the old plantera so as they may not hearken to Mr. Oldham'a dangerous though vaine propositions

"We pray you and the council there to advise seriously together for the maintenance of our privileges and peaceable government, which, if it may be done by a temperate course, we much desire it, though with some iaconvenience eo as our government and privileges be not. brought in contempt, wishing rather there might be ench au union as nilght draw the heathen, hy our good example, to the embracing of Christ and his Gospel, than that offence should be given to the heathen and a scandal to our religion through our disagreement amongst ourselves. But if ne- cessity require a more severe course when fair means will not prevail, we pray you to deal as in your discretion you shall think fittest for the general good and safety of the plantation and preservation of our privi- leges. And because we would not omit to do anything which might strengthen our right we would have you (as soon as the ships or any of them arrive with you, whereby you may hava man to do it) send forty or fifty persone to Massachusetts Bay to inhabit there, which we pray you not to protract hut to do it with all epeed ; and if any of our company in particular ehall desire to settle themselves there or to send servants thither we desire all accommodation and encouragement may be given them thereunto wherehy the hetter to strengthen our possession there against all or any that shall intrude upon ue which we would not have you by any means give way unto ; with this caution notwithstanding- That for such of our countrymeu as you find there planted so as they be willing to live under government you endeavor to give them all fit- ting and due accommodation as to any of ourselves ; yea, if you see cause for it, though if it be with more than ordinary privilegee in point of trade."

In accordance with the above instructions, on the 24th of June, only two days after the arrival of the " Boneventure," Thomas Graves and Rev. Francis Wright arrived at Charlestown from Salem, and, as it is now agreed, gave the date to the foundation of that town.

On the 20th of October, 1629, at "a Generall Court holden in England, at Mr Goffe the Deputye's House," the record states that

" Now the Court proceeding to tha election of a new Governor, Depu tie and Aesietants, which upon serious deliberation hath been and is con- ceived to be for the especial good and advancement of their affairs, and having received extraordinary great commendations of Mr Joho Win- throp both for hie integrity and sufficiency ay being one every wny well fitted and accomplished for the place of Governor, did put in nomination for that place the said Mr. John Winthrop, Sir R. Saltonstall, Mr. Isnac Johnsun and Mr. John Humfreys ; und the said Mr. Winthrop was with a general vote and full consent of this court by erection of hands chosen to be Governor for the ensuing year, to begin on this present day ; why was pleased to accept thoreof and thereupon Took the oath to that pluce appertalning. In like manner and with like freo and full consent Mr. John Humfrey was choeen Deputy Governor, and

"Sir R : Saltonstall Mr Thomas Sharpe

Mr Isaac Johnson Mr Jolin Revell

Mr Thomas Dudley Mr Matt: Cradock

Mr Jo : Endecott

Mr Thomas Guffe

Mr Noell

MIr Alderscy

Mr Wni Vassull Mr John Venu

Mr Wm Pinchon Mr Nath : Wright

Mr Sam : Sharpo Mr Theoph : Eaton

Mr Edw : Rossiter

Jr Thu: Adams

were chosen to he Assistants; which sald Deputy and the greatest part

viii

HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

of the said Assistants being present took the oathe to their said places appertaining respectively."

In April, 1630, Winthrop sailed from England and arrived in Massachusetts on the 12th of June, at once assuming power in the place of Endicott as Governor under the charter which he had brought with him.

The first Court of Assistants, according to a statement of Johnson, in "Wonder-Working Providence," was held at Charlestown, August 23d, on the ship "Arbella." The date mentioned is probably correct, but the place of the meeting has been doubted by antiquaries. At that meeting it was ordered that the next meeting should be held at the Governor's house on the 7th of September and the third meeting was held at the same place September 28th.

On the 19th of October the first General Court was held in Boston, and at its first session an important change was made in the form of government. The record states that at this General Court "it was pro- pounded if it were not the best course that the free- men should have the power of choosing assistants when they are to be chosen, and the assistants from amongst themselves to choose a Governor and Deputy Governor, who with the assistants shall have the power of making laws and choosing officers to exe- cute the same. This was fully assented unto by the general vote of the people and erection of hands." Thus the only power retained by the freemen or people was the power to choose Assistants.

At a General Court held at Boston on the 9th of May, 1632, another change was made, and " it was gen- erally agreed upon hy erection of hands that the Gov- ernor, Deputy Governor and assistants should be chosen by the whole court of Governor, Deputy Gov- ernor, Assistants and freemen, and that the Governor shall always be chosen out of the assistants."

At a General Court held on the 14th of May, 1634, still more power was assumed by the people. " It was agreed that none but the General Court hath power to choose and admit freemen." " That none but the General Court hath power to make and establish laws nor to elect and appoint officers as Governor, Deputy Governor, Assistants, Treasurer, Secretary, Captain, Lieutenants, Ensigns or any of like moment, or to re- move such upon misdemeanor, as also to set ont the duties and powers of the said officers." "That none but the General Court hath power to raise moneys and taxes and to dispose of lands, viz., to give and con- firm proprieties." An important change was also made at this court in the constitution of the court it- self. It was ordered " that it shall be lawful for the freemen of every plantation to choose two or three of each town before every General Court to confer of and prepare such public business as by them shall be thought fit to consider of at the next General Court, and that such persons as shall be hereafter soe deputed by the freemen of the several plantations to deal in their behalf in the public affairs of the Commonwealth shall have the full power and voices of all the said

freemen derived to them for the making and estab- lishing of laws, granting of lands, etc., and to deal in all other affairs of the Commonwealth wherein the freemen have to do, the matter of election of magis- trates and other officers only excepted, wherein every freemen is to give his own voice."

For the election of officers the whole body of free- men met annually in the meeting-house in Boston, but at last the inconvenience of this arrangement was found to be so great that it was provided that Salem, Ipswich, Newbury, Sangus, Weymouth and Hingham might retain as many of their freemen at home at the annual elections as the safety of the towns required, and that the votes of them might be sent by proxy. A general law was passed at a later date to the same effect applicable to all the freemen in all the towns.

Through all these changes such judicial power as existed was in the hands of the Court of Assistants. At first the Assistants and Deputies met together, but in 1644 it was agreed that the two branches should sit apart and that each should have a negative on the other. Under this new arrangement the Governor presided in the Court of Assistants and the office of Speaker was appointed for the popular branch, which had now become a Court of Deputies. In this form the General Court became the model from which the General Court of our own day took its shape.

During the colonial period the Governors were : John Endicott, 1629, 1644 to 1645, 1649 to 1650, 1651 to 1654, 1655 to 1665; John Winthrop, 1630 to 1634, 1637 to 1640, 1642 to 1644, 1646 to 1649; Thomas Dudley, 1634 to 1635, 1640 to 1641, 1645 to 1646, 1650 to 1651; John Haynes, 1635 to 1636; Henry Vane, 1636 to 1637; Richard Bellingham, 1641 to 1642, 1654 to 1655, 1665 to 1672; John Lev- erett, 1672 to 1679; Simon Bradstreet, 1679 to 1686, 1689 to 1692. From 1686 to 1689 Joseph Dudley and Edmund Andros had jurisdiction over New England by appointment of the King.

The Deputy Governors were : Thomas Dudley, 1629 to 1634, 1637 to 1640, 1646 to 1650, 1651 to 1653; Roger Ludlow, 1634 to 1635; Richard Bellingham, 1635 to 1636, 1640 to 1641, 1653 to 1654, 1655 to 1665; John Winthrop, 1636 to 1637, 1644 to 1646; John Endicott, 1641 to 1644, 1650 to 1651, 1654 to 1655; Francis Willoughby, 1665 to 1671; John Leverett, 1671 to 1673 ; Samuel Symonds, 1673 to 1678 ; Simon Bradstreet, 1678 to 1679 ; Thomas Danforth, 1679 to 1686, 1689 to 1692. During the careers of' Dudley and Andros, 1686 to 1689, there was no Deputy-Gov- ernor,

The assistants were : Humphrey Atherton, Samuel Appleton, Isaac Addington, Simon Bradstreet, Rich- ard Bellingham, Robert Bridges, Peter Bulkley, Wil- liam Browne, William Coddington, Thomas Clarke, Elisha Cooke, Thomas Dudley, Joseph Dudley, Rich- ard Dummer, Daniel Denison, Thomas Danforth, Humphrey Davy, John Endicott, Thomas Flint, Daniel Fisher, Edward Gibbons, John Glover, Daniel

MIDDLESEX COUNTY.

Gookin, Bartholomew Gedney, Elisha Hutchinson, John Humphrey, John Haynes, Atherton Hongh, Roger Harlakenden, William Hibbens, William Hawthorne, John Holl, John Hawthorne, Isaac Johnson, William Johnson, Roger Ludlow, Eliezer Lusher, John Leverett, Increase Nowell, Samuel Nowell, Robert Pike, William Pynchon, Herbert Pelham, John Pynchon, Oliver Purchase, Edward Rossiter, Richard Russell, John Richards, Samuel Sewall, Thomas Savage, Richard Saltonstall, Richard Saltonstall, Jr., Thomas Sharp, Israel Stoughton, William Stoughton, Samuel Symonds, Nathaniel Sal- tonstall, John Smith, Edward Tyng, Peter Tilton, Wil- liam Vassall, Henry Vane, John Woodbridge, Fran- cis Willoughby, Thomas Wiggin, Simon Willard, John Winthrop, John Winthrop, Jr.

The Speakers of the House of Deputies during the same period, beginning May 29, 1644, were : William Hawthorne, May 29, 1644, to October 2, 1645, May 6, 1646, to November 4, 1646, May 10, 1648, to October 18, 1648, May 23, 1650, to October 15, 1650, May 6, 1657, to May 19, 1658, May 22, 1661, to May 7, 1662; George Cooke, October 2, 1645, to May 6, 1646 ; Robert Bridges, November 4, 1646, to May 26, 1647 ; Joseph Hill, May 26, 1647, to October 18, 1647 ; Richard Russell, October 18, 1647, to May 10, 1648, October 18, 1648, to May 2, 1649, May 3, 1654, to May 23, 1655; May 14, 1656, to May 6, 1657, May 19, 1658, to May 11, 1659; Daniel Denison, May 2, 1649, to May 23, 1650, October 14, 1651, to May 27, 1652; Daniel Gookin, May 7, 1651, to October 14, 1651; Humphrey Atherton, May 18, 1653, to May 3, 1654; Edward Johnson, May 23, 1655, to May 14, 1656; Thomas Savage, May 11, 1659, to May 22, 1661, May 31, 1671, to May 15, 1672, May 24, 1677, to May 28, 1679; Thomas Clarke, May 7, 1662, to May 27, 1663, May 3, 1665, to May 23, 1666, May 19, 1669, to May 31, 1671; John Leverett, May 27, 1663, to May 3, 1665; Richard Waldron, May 23, 1666, to May 19, 1669, May 7, 1673, to January 6, 1673-74, May 27, 1674, to February 21, 1675-76, May 28, 1679, to February 4, 1679-80; Joshua Hubbard, January 6, 1673-74, to May 27, 1674; Peter Bulkley, Febru- ary 21, 1675-76, to May 24, 1677; John Richards, February 4, 1679-80, to May 19, 1680; Daniel Fisher, May 19, 1680, to May 16, 1683; Elisha Cooke, May 16, 1683, to May 7, 1684; John Wayt, May 7, 1684, to May 27, 1685; Isaac Addington, May 27, 1685, to May 12, 1686; John Saffin, May 12, 1686.

The other officers of the Colony provided for at an early date were treasurer, commissioners of the Uni- ted Colonies, secretary and beadle or marshal. The treasurers were : Richard Bellingham, May 17, 1637, and June 6, 1639; Wm. Coddington, May 14, 1634; Richard Dummer, May 25, 1636; William Pynchon, Sept. 4, 1632; William Tyng, May 13, 1640-June 2, 1641 ; Richard Russell, November 13, 1644; John Hull, May 3, 1676; James Russell, May 9, 1680; Samuel Nowell, May 11, 1686; John Usher, June 1, 1686.

The secretaries were : William Burges, chosen May 13, 1629; Simon Bradstreet, 1630; Increase Nowell, June 6, 1639, May 13, 1640, June 2, 1641; Edward Rawson, May 22, 1650; Edward Randolph, Septem- ber 21, 1685.

The commissioners of the United Colonies of Plym- outh, Massachusetts, Connecticut and New Haven were: John Winthrop, choseu 1643-45; Thomas Dudley, 1643, '47-49; Simon Bradstreet, 1644, '48-54, '56-61, '63-67 ; William Hathorne, 1644, '50-54, '73 ; Herbert Pelham, 1645; Daniel Denison, 1655-57, '59-62; John Endicott, 1646-48, '58; Thomas Dan- forth, 1662-79; John Leverett, 1668-69; William Stoughton, 1674-76, '80-86 ; Joseph Dudley, 1677-79; Peter Bulkley, 1682-83 ; Samuel Nowell, 1684-86.

The beadles or marshals, who were somewhat anal- ogous to the sheriff's of the present day, were: James Penn, appointed by the Court September 25, 1634 ; Edward Michelson, who is mentioned in the records of the Court May 27, 1668, as having occupied the office "divers years ;" John Greene, chosen May 27, 1681; and Samuel Gookin, appointed in 1691.

The above lists are confined to officers appointed or chosen after the Massachusetts Company was es- tablished in New England, and are inserted hy the writer in this sketch of Middlesex County, together with other matters relating to the early history of the Colony, to show the ground-work and foundation on which the counties into which the Colony became divided rested.

Until 1639 the whole judicial power rested with the Court of Assistants. On the 9th of September of that year it was enacted by the General Court that " for as much as the businesses of the ordinary Court of Assistants are so much increased as they cannot be despatched in such season as were fit, it is therefore ordered that such of the magistrates as shall reside in or near to Boston or any five, four or three of them, the Governor or Deputy to be one, shall have power to assemble together upon the last fifth day of the eighth, eleventh, second and fifth months every year, and then and there to hear and determine all civil causes whereof the debt or trespass and damages shall not exceed twenty pounds, and all criminal causes not extending to life or member or banishment accord- ing to the course of the Court of Assistants, and to summon juries out of the neighbor towns, and the marshal or necessary officers are to give their attend- ance as at other Courts."

It had been previously been enacted on the 3d nf March, 1635-36, that

"there shall be four courts kopt every quarter-one at Ipswich, to which Newbury shall belong ; two at Salein, to which Saugas shall be- long; two at Newtown tu which Charlton (Charlestown), Concord, Med- ford and Watertown shall belong ; four at Boston, to which Roxbury, Dorchester, Weymouth and Hingham shall belong.

" Every of these courts shall be kept by such magistrates as shall be dwelling in or near the sail towns, and by such other persons of worth as shall from time to time be appointed by the General Court Ho An ho court shall be kept without one magistrate at the least, and that tutto I of the magistrates be excluded who can and will attend the same ; yet

HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

the General Court ehall appoint which of the magistrates ehall specially belong to every of the said court. Such persous ae ehall be joined as associates to the magistrates in the sald court shall be chosen hy the Gen- eral Court out of a greater number of such as the several towns ehall nominate to them eo as there may he in every of the said courts so many as (with the magietratee) may make five in all. These courts shall try all civil cases whereof the debt or damege shall not exceed ten pounde, and all criminal cansee not conceraing life, member or banich. ment. And if any person shall find himself grieved with the sentence of any of the eaid courts he may appeal to the next great quarter court provided that he put. in sufficient caution to present his appeal with et- fect and to abide the sentence of the magistrates in the said great quar_ ter court, who shall see that all such that shell bring any appeal with- out just cause he exemplarily punished.

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History of Middlesex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. I, Part 3

Author: Hurd, D. Hamilton (Duane Hamilton), ed Publication date: 1890 Publisher: Philadelphia, J. W. Lewis & co Number of Pages: 1034

Author: Hurd, D. Hamilton (Duane Hamilton), ed
Publication date: 1890
Publisher: Philadelphia, J. W. Lewis & co
Number of Pages: 1034