USA > Massachusetts > Plymouth County > Plymouth > History of the town of Plymouth, from its first settlement in 1620, to the present time : with a concise history of the aborigines of New England, and their wars with the English, &c. > Part 9
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Capital offences punished with death. Rebellion against the king, murder, solemn compaction or conversing with the devil, by way of witchcraft, or the like. In the formation of the laws,
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regard was had, 'primarily and principally, to the ancient plat- form of God's law.'*
I have hitherto detailed the concerns of the colony and the town, hand in hand, without distinction. While the governor and assistants acquitted themselves of appropriate duties, they fulfilled those of magistrates and of selectmen. The court of assistants was composed of the governor and assistants, and the deputies from the several towns, forming the lower house.
In order to a more full understanding of the mode of gov- ernment in the colony, it may be expedient here to present, in one view, a concise statement of the authority upon which it rested, until, with the other colonies, it was brought under the despotism of Andros. This will, necessarily, lead us to some anticipation of dates.
In the 18th year of his reign, (Nov. 3, 1620, while the Pil- grims were on their passage,) King James appointed Robert, Earl of Warwick, and 39 others, noblemen and gentlemen, to compose one body politic, to have one common seal, and to be styled, The Council established at Plymouth, in the County of Devonshire, for the planting, ruling and governing New-Eng- land in America. To this council or body politic, the King granted by patent, an extensive tract or territory in New-Eng- land, with the usaal rights, privileges, and immunities. It was from this council that John Pierce obtained his patent, which he afterwards assigned to the merchant adventurers.
In the year 1629, (Jan. 13,) being the 5th year of the reign of King Charles I., the Plymouth colony received a patent or charter from the council, signed by the Earl of Warwick, as President, with the great seal of James I. affixed. This char- ter grants the territory of Plymouth colony to William Brad- ford and his associates, including also a tract of land 30 miles square on Kennebunk river. It recites the rise and progress of the plantation, and that it had increased to 300 people. But it never received the royal sanction and signature of King James, although they were repeatedly promised by his majesty. ¡
* ' Whatever imperfections may be justly ascribed to our fathers, (which, however, were as few as any mortals have discovered,) their jadgment in forming their policy was founded on wise and. be- nevolent principles. It was founded on revelation and reason too. It was consistent with the best, greatest, and wisest legislators of antiquity.'-Pres. Adams.
+ This charter, with the box in which it came, is now in the office of the Register of Deeds in this town,
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Under this patent, however, such as it was, and on the basis of the voluntary agreement, as expressed in the compact formed at Cape Cod in 1620, and which was uniformly acquiesced in by the settlers, all the powers of government of the colony were exercised, until the interruption by Andros.
On the second day of March, 1640, governor Bradford sur- rendered to the freemen the patent of the colony, which had been taken out in his name, with some reservations for the purchasers or old comers; * and the settlers proceeded to act as an independent colony, acknowledging, however, their obli- gation to obey the laws of England generally, and recognising the king as their sovereign. But their form of government was " a pure, unmixed and perfect democracy, where all power was exercised by the whole body of freemen or associates,"
"The pilgrims," says Mr. Baylies, in his valuable history of the Old Colony, " had adopted no constitution, or instrument of government, except the simple compact, which was signed in the cabin of the Mayflower, November, 1620, and which recognised no principle but that of allegiance to the king, and the controlling power of the majority of the people in the transactions of the colony. No laws were made for the general organization of the government; the limits of political rights and political powers were not defined; the governor and assis- tants maintained their small portion of authority rather by com- mon consent, than by a lawful delegation of power. Crimes and punishments were neither declared nor defined. The only magistrates were the governor and assistants. The office of justice of the peace was unknown. Trials were had in the general court before juries, selected from the whole body of the freemen of the colony; and, until 1634, the governor and assistants were not by law considered a judicial court. The magistrates had no jurisdiction of civil actions, and in criminal offences their jurisdiction was confined to the power of binding over the accused to appear at the general court. The duties, powers and obligations of husband and wife, parent and
* In the year 1627, Gov. Bradford and a number of associates as- sumed the responsibility of the Company's debts, and gave bonds for the amount stipulated to be paid to the merchant adventurers in England. They afterwards entered into a contract with the rest of the Company to hire the trade of the colony for six years. Those who engaged in this contract were called Purchasers. Some, how- ever, who had, probably, no concern in the contract, were included with the purchasers in a claim to special consideration, under the appellation of Old Comers .- Davis's Edit. of the Memorial.
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child, guardian and ward, master and servant, &c., were con- trolled and influenced by usages which had been vnried from the usages of England, &c. Marriage was deemed a civil contract, and was solemnized by the civil magistrate, and not by the pastor or elder. With respect to political objects, pre- vious to the year 1636, the Plymouth colony may be considered to have been but a voluntary association, ruled by the majority, and not by fixed laws. It does not appear, except in a very few instances, that they availed themselves of their delegated powers under their patent to enact laws, until 1633. A few laws only, and such as were of the most urgent necessity, were then established. * *** The power of the church in effect was superior to the civil power, but, in terms, was confined to the infliction of censure only."
Literally abstracted from the civilized world, our reverend puritan fathers held the bible in estimation as the basis of all laws; and the precepts of the gospel, the rules of their lives and the fountains of their dearest hopes. It was the inwoven senti- ment of their hearts, that the sovereign power resides with the people, and this was the fundamental axiom upon which their government was reared.
It was this year enacted, that, on the first Tuesday of June, a governor and seven assistants should be chosen, 'to rule and govern the plantation within the limits of this corporation,' and the election was confined to the freemen, church member- ship being an indispensable qualification for freemen.
An oath was to be administered to the governor, the assist- ants, the freemen, and to all who resided among them. A treasurer and constable were annually chosen, but no sheriff.
It was ordered, that every constable-wick should be provided with stocks and whipping-posts. These were appendages to every meeting house till within the last fifty years.
It was provided that no servant, coming out of his time, or single person, be suffered to keep house for himself, until they were completely provided with arms and ammunition, and was not allowed to be housekeepers, or to build any cottage or dwelling, till such time as he be allowed by the governor and council of assistants, or some one or more of them.
1637 .- Edward Winslow chosen governor this year. Great disturbance and perplexity was occasioned by one Samuel Gor- ton, lately from Boston. He endeavored to introduce heretical or obnoxious doctrines, and seduce the people to his opinions, and having provoked Mr. Ralph Smith, the minister, to a con- troversy, he was, on his complaint, summoned before the court for trial, and, conducting most insolently towards magistrates
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and ministers, was fined and ordered to find security for good behavior, and to quit the place in fourteen days. He next went to Rhode Island, where he so conducted that he was sentenced to suffer corporal punishment by whipping, and was . banished.
This year the colony of Connecticut was engaged in a war with the Pequot tribe of Indians, which ended in the utter over- throw of the tribe. Plymouth furnished 56 men, who marched for that service under the command of Capt. Miles Standish, but the war was terminated before their arrival at the scene of action.
1638 .- Thomas Prince chosen governor this year. There was a great earthquake in New-England this year, on the first day of June. The earth shook with such violence, that, in some places, the people could not stand, without difficulty, in the streets, and most of the moveable articles in their houses were thrown down. This phenomenon formed a memorable epoch in the annals of New-England.
Execution. Four young men, who were servants at Plymouth, absconded from their masters, and, rambling abroad, met with an Indian in the woods near Providence, but within the juris- diction of Plymouth; they killed him to rob him of his wam- pum; one of the murderers escaped, the other three were tried, and, confessing their guilt, were condemned and exe- cuted .* It may be thought extravagant to hang three English- men for one Indian, but it serves to show the stern purpose of the puritans, that the most rigid justice should not be with- held from the defenceless natives.
It is ordered, that if any man make a motion of marriage to any man's daughter or maid, without first obtaining leave of her parents or master, he shall be punished, according tothe nature of the offence, by a fine not exceeding five pounds, or corporal punishment, or both, at the discretion of the bench.
Any person denying the scriptures to be a rule of life, shall suffer corporal punishment at discretion of the magistrates, so as it shall not extend to life or limb.
The court granted that Clark's Island, the Eel River Beach, Saquish, and the Gurnet's Nose, shall be and remain unto the town of Plymouth, with the woods thereupon.
1639 .- William Bradford chosen governor this year. 'The
* The court, which tried the above mentioned murderers, consisted of governor William Bradford, Edward Winslow, Thomas Prince, Capt. Miles Standish, John Alden, John Jenney, John Brown, and John Atwood.
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towns ia Plymouth colony, for the first time, sent deputies for legislation. Their first general assembly was on the 4th of June. Hitherto, the governor and his assistants, under the general name of the associates of the colony of New Ply- mouth, were virtually the representatives of the people. All laws were enacted, and all government managed by them, for nearly twenty years. They had a few laws, which they termed general fundamentals; but, in general, they were governed by the common law and statutes of England.'
The representatives from the town of Plymouth to the legis- lative assembly in general court this year, were William Paddy, Manasseh Kempton, Jr., John Cook, Jr., and John Dur- ham.
This year the general court of Massachusetts passed the fol- lowing order for the regulation of the ladies' dresses. 'No garment shall be made with short sleeves; and such as have garments with short sleeves, shall not wear the same, unless they cover the arm to the wrist; and hereafter, no person what- ever shall make any garment for women, with sleeves more than half an ell wide (twenty-two and a half inches.)
The First Prison was ordered to be erected at Plymouth; to be twenty-two feet long, sixteen feet wide within walls, and two stories high; to have three floors, and covered with boards, and well finished. This prison was probably completed in 1641, as it is mentioned by some writers that the first prison was erected in that year. According to the Old Colony re- cords, it was seated near Little Brook, hence called Prison Brook, where Mr. N. Russell's house now stands. It was this year ordered, that the grand jury in each town shall take notice of all idle persons, and inquire how they live. If they cannot give a good account of themselves, the constable shall bring them before the governor or magistrate. In 1640, by an addi- tional law it was provided, that each complaint should be made on oath.
It was ordered, that profane swearing should be punished by sitting in the stocks three hours, or by imprisonment. For telling lies, a fine of ten shillings, or the stocks for two hours, for each offence.
This year the great sachem, Massasoit, and Mooanam, his son, came into the court held at Plymouth, on the twenty-fifth day of September, and desired that the ancient league and confederacy, formerly made with the government of Plymouth, wherein he acknowledged himself subject to the king of Eng- land and his successors, may stand and remain inviolable.
The ancient confederacy was fully confirmed for perpetuity
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by Massasoit and his son, and also by the governor of Ply- mouth colony, on their part.
1640 .- William Bradford was chosen governor; and John Jenney, John Howland, John Atwood, and William Paddy were the representatives to the legislature. J. B. was pre- sented for buying rye at four shillings per bushel, and selling it at five shillings; also for selling thread at five shillings per pound.
Colebrook South meadows, and Lakenham West meadows, were granted to divers persons. At this early period some scattered cottages began to extend on the western precincts of the township of Plymouth, on the path to Namasket (Middle- borough.)
1641 .- Mr. John Jenney was allowed certain privileges at Clark's Island to make salt, which he was to sell to the inhab- itants at two shillings the bushel. Herring wear let for three years to three persons, who are to deliver the shares of her- rings, and to receive Is. 6d. the thousand for their trouble. A barque, of forty or fifty tons, was built at Plymouth, January 24, 1641. The estimated expense was £200, and the whole was divided into shares of one eighth or one sixteenth, and were contributed by thirteen persons. This was doubtless the first vessel of size ever built at Plymouth.
It was ordered, that every house-holder within the town shall pay a half penny for each person in his family, except poor people who have no cattle, for every wolf that shall be killed within the liberties of the town, and the killer shall bring the skin to Mr. Jenney, and there receive corn for his pay, Mr. Jenney to have the skin for his pains. The winter, this year, was extremely severe; the harbor and bays frozen over, so as to be passable, five weeks, for men, horses, oxen and carts.
Any person living and quietly settled in any township, with- out any objection being made within three months after his coming, was to be reputed an inhabitant of that town.
Provision for the support of the Poor. This year each town- ship, by an order and general agreement in a public town- meeting, was required to make competent provision for the support of its poor, as shall be found most convenient and suitable. Children or elderly persons sent out of town to be nursed, educated, or doctored, and falling into want, were to receive relief from the towns from which they were sent. Chil- dren of those, who received relief from the town, were to be put to work in fitting employments.
1642 .- William Bradford was elected governor, and John Doan and John Cooke deputies. The use of thirty acres of
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land at Clark's Island, was granted, for twenty-one years, to the five partners that make salt.
At a town meeting it was ordered, that a fortification be made about the ordnance, and another piece mounted on Fort Hill, and the governor, Mr. Prince, Mr. Paddy, Mr. Atwood, and Mr. Jenney were desired to agree with the workmen to have it done speedily.
1643 .- Edward Winslow was this year elected governor, and Mr. Prince, Mr. Jenney, Mr. Hopkins, Mr. Paddy, and Mr. N. Souther were the deputies.
This is the memorable epoch of the First Union of the New England Colonies. A confederacy had been in agitation sev- eral years. As early as 1637, the subject was discussed; and the following year, articles of union, for amity, offence and defence, mutual advice and assistance upon all necessary occa- sions, were drawn, and referred to the next year for further consideration. Difficulties, however, occurred, which retarded the execution of the design, until the present year. The col- onies of Connecticut, New Haven and Plymouth, despatched Commissioners to Boston in May, at the time of the session of the Massachusetts general court. This court appointed com- missioners to meet those of the other colonies. A spirit of harmony and mutual condescension was auspicious to the great object, and on the 19th of May the articles were completed and signed at Boston. The reasons assigned for this union were, the dispersed state of the colonies; the vicinity of the Dutch, Swiss and French, who were inclined to encroach- ments; the hostile disposition of the neighboring Indians; the appearance of a general combination of these savage tribes, to extirpate the English colonies; the commencement of civil contests in the parent country ; the impossibility of obtaining aid from England in any emergency; and in fine the alliance already formed between the colonies by the sacred ties of re- ligion. The commissioners declared, that, as in nation and religion, so in other respects, they be and continue one; and henceforth be called by the name of the United Colonies of New England. Here we may discern the germ of our present national system.
The members of this league were deemed by all their neigh- bors as one body, with regard to their public transactions, though the peculiar affairs of each continued to be managed by its own courts and magistrates.
On the completion of the colonial confederacy, several Indian sachems came in and. submitted to the English government, among whom were Miantonomoh, the Narraganset, and Uncus,
8
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the Mohegan chief. The union rendered the colonies formida- ble to the Dutch as well as Indians, and respectable in the view of the French; maintained general harmony among themselves, and secured the peace and rights of the country; preserved the colonies during the civil wars and unsettled state of England; was the grand instrument of their defence in Philip's war, and was essentially serviceable in civilizing and christianizing the Indians. The proportion of men assigned to the colonies by this alliance, was 100 to Massachusetts, and 45 to each of the other three colonies, Plymouth, Connecticut and New Haven. This union subsisted with some alterations until the year 1686, when all the charters were in effect vacated by a commission from King James II. This confederacy was acknowledged and countenanced by the authority in England, from its begin- ning until the restoration; and in letters from King Charles II. notice is taken of it, without any exception to the establishment. -Holmes's Annals, where he notices numerous other authorities.
A watch-house was this year built of brick, on Fort Hill .- The bricks were furnished by Mr. Grimes at 11s. a thousand. This is the earliest notice of brick. In digging a grave on the summit of Fort Hill, a few years since, a large body of brick was discovered a few feet beneath the surface of the earth.
Householders were ordered to provide themselves with fire arms and ammunition, and drum-heads to be procured by sub- scription. In September, the whole township was classed into watches, which were to be kept from sunset to avoid the danger of unexpected attacks from the Indians.
The town agreed with John Smith to be the town's cow keeper the present year for 40 bushels of corn and a pair of steers. The corn is to be levied as follows. The governor 1 peck and a pottle, Mr. Prince 1 peck and a pottle, Mr. Paddy 1 peck and a pottle, Nathaniel Souther 1 peck, Mr. Hanbury 1 peck, Robert Paddock 1 peck, Mr. Jenney 1 peck, and a half in biscuit, Mr. Doane half a peck, Mr. Rayner half a a peck, Thomas Southworth half a peck, Richard Sparrow half a peck, John Wood half a peck, Mr. Willet half a peck, Samuel Hicks half a peck, Josiah Cook 1 pottle, Rowland Knowles 1 pottle, John Finney 1 pottle, Mr. Hopkins 1 pottle.
Wolf traps were, by the colony court, ordered to be made; and the whole town was classed to make them at various places. The wolves made distressing depredations on their herds and folds many years. Governor's assistants were classed on this occasion.
1644 .- John Atwood, who had been one of the assistants, and also a deputy to the general court, died this year. He was a
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man of much usefulness in the place, and, in life and death, exemplified the christian character. In the course of this year the inhabitants of the town, but chiefly the church members, had in contemplation a singular project, which well nigh ef- fected a total abandonment of their first labors and footpaths on our shore. It appears by the church records, that a considera- ble part of their body viewed their present establishment as barren and unproductive. They became so dissatisfied with their unpromising location, that they were willing to relinquish all their interest in it for a more advantageous situation. Indi- viduals were frequently removing, and the church began se- riously to think, whether it were not better to remove jointly and bodily, than to be thus weakened and insensibly dissolved. Many meetings and much consultation resulted in indecision and contrariety of opinion. Some, who opposed the removal, would yet assent to it, rather than see a dissolution of the church, provided a more eligible situation could be agreed on, and a majority at length acquiesced. The place selected was no other than Nauset, now Eastham, on Cape Cod, and the purchase was made, merely from a superficial view. But on a further examination, the new territory disappointed their ex- pectations, and they changed their resolution, It was found to be 50 miles from the centre of the settlements, remote from all society, and surrounded by a wilderness of savages. Its extent so limited as to be insufficient to accommodate the whole society, much less capable of receiving the increasing numbers. The harbor was incomparably less commodious, and more exposed to enemies than that of Plymouth. From these and other con- siderations, the church, as a body, changed their determination, but a considerable number of respectable individuals resolved on a removal, and the church relinquished their rights, which were purchased by individuals, who removed and took possession .*
Orders agreed upon by the Council of War. 1. That the lead be made up into bullets, and men hired to do it. 2. That when an alarm is made and continued in Plymouth, Duxbury, or Marshfield, there shall be 20 men sent from Plymouth, and as many from Duxbury, and 10 from Marshfield, to relieve the place where the alarm is continued. 3. And when any other places stand in need of help, upon the continuing of the alarm,
* Among the principal people who removed from Plymouth to Eastham, were Thomas Prince, who had been twice governor of the colony, John Doane, one of the deacons of the church, Nicholas Snow, Josiah Cook, Richard Higgins, John Smalley, and Edward Bangs. Duxbury and Marshfield had before been settled entirely from Plymouth.
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then a beacon to be fired, or else a great fire to be made, for Plymouth, upon the gallows hill, on the captain's hill for Dux- bury, and on the hill by Mr. Thomas's house for Marshfield.
' It is worthy of serious remark,' says the writer in Histori- cal Collections, vol. iii. second series, ' that nearly the same regulations have been resorted to by their posterity, in the war of the revolution, and now, (1815) not with the savages, but with a people of kindred origin.'
On the 16th of April of this year, the church and society were most grievously afflicted by the death of William Brews- ter, their ruling elder and kind benefactor. The life of this excellent man was protracted to the 84th year of his age .- See his character in the Ecclesiastical History.
1646 .- Great agitation was occasioned in Plymouth this year, by the arrival of Capt. Thomas Cromwell, with three ships of war, bringing with them several rich prizes, taken from the Spaniards. His seamen were exceedingly intemperate and ri- otous; one of them attempted the life of his commander, who, wresting his rapier from him, gave him a mortal wound on his head. The captain was tried by a court-martial, and acquitted.
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