Sketches about Salem people, Part 6

Author: Club (Salem, Mass.)
Publication date: 1930
Publisher: Salem, Mass. : The Club
Number of Pages: 356


USA > Massachusetts > Essex County > Salem > Sketches about Salem people > Part 6


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).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27


The reference to places "where no Selectmen are" is probably explained by the fact that there were from time to time settlements not yet organized as towns, as where


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BY HARRISON MERRILL DAVIS


lands had been granted to a group of proprietors with a view to the future settlement of a town. These un- organized townships were sometimes called "peculiars," and in such places temporarily the non-Freemen were authorized to have a voice in the common concerns of the new settlement.


That the small number of Freemen was not altogether due to a policy of restricting the number admitted, is indicated by the following enactment occasioned, it would seem, by the want of public spirit on the part of persons qualified to become Freemen :


"Whereas there are within this Jurisdiction many mem- bers of Churches who to exempt themselves from all pub- lick service: in the Common-wealth will not come in to be made Freemen, it is therefore ordered by this Court and the Authoritie thereof, That all such members of Churches in the severall towns within this Jurisdiction shall not be exempted from such publick service as they are from time to time chosen to by the Freemen of the severall towns ; as Constables, Jurors, Select-men and Surveyors of high-wayes. And if any such person shall refuse to serve in, or take upon him any such Office being legally chosen thereunto, he shall pay for every such refusall such Fine as the town shall impose, not exceeding twenty shillings as Freemen are lyable to in such cases."


The obligation of all to contribute to the common charges, whether Freemen or not, is imposed in the fol- lowing terms:


"This Court taking into consideration the necessity of an equal contribution to all common charges in towns, and observing that the chief occasion of the defect heerin ariseth from hence, that many of those who are not Free- men nor members of any Church doe take advantage thereby to withdraw their help in such voluntary contri- butions as are in use, It is therefore ordered by this Court and Authoritie thereof, That everie Inhabitant shal henceforth contribute to all charges both in Church & Commonwealth wherof he doth or may receive benefit: and every such inhabitant who shall not voluntarily con- tribute proportionably to his ability with the Freemen of the same town, to all common charges both civil and eccle-


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siastical shall be compelled thereto by assessment & distresse to be levied by the Constable or other Officer of the town as in other Cases : and that the lands & estates of all men (wherever they dwell) shall be rated for all town charges both civil and ecclesiasticall as aforesaid where the lands and estates shal lye: their persons where they dwell."


The Freemen of every township, with such others as were permitted to vote in town meeting, were authorized by the General Court to make such laws and constitutions as might concern the welfare of their town, provided they were not of a criminal but only of a prudential nature and that their penalty did not exceed 20 shillings for one offence and that they were not "repugnant to the publick Laws and Orders of the Countrie."


The choice of Selectmen was authorized as follows:


"Also that the Freemen of everie town or Township with such other the Inhabitants as have taken the Oath of fidelitie shall have full power to choos yearly, or for lesse time, within each Township a convenient number of fit men to order the planting and prudential occasions of that Town, according to instructions given them in writing. Provided, nothing be done by them contrary to the publick Laws and Orders of the Countrie. Pro- vided also that the number of such Select persons be not above nine."


All towns were directed to take care from time to time to order and dispose of all single persons and inmates within their towns to service or otherwise. It was ordered that there should be a sufficient Pound in every town and village.


Every township, or such as are deputed to order the prudential affairs thereof, is authorized to "present" to the Quarter Court all idle and unprofitable persons, and all children who are not diligently employed by their parents.


Some of the duties imposed on the Selectmen were the following :


To regulate the fencing, planting, sowing, feeding and ordering of the common fields where the occupiers do not agree.


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To appoint once a year a committee to perambulate the town boundaries.


To appoint fence-viewers.


To hear and determine small causes and try petty offences with same powers as a Magistrate, when the only magistrate in town is an interested party.


To list all male persons over sixteen, and make annual valuations of property for taxation.


Selectmen were enjoined by the General Court to have a vigilant eye over their brethren and neighbors where they dwelt, to see that no heads of families neglected to teach their children and apprentices to read the English tongue and knowledge of the capital laws; and masters of families were enjoined at least once a week to catechize their children in the grounds and principles of religion, so that they might be able to answer when questioned by their parents or masters or any of the selectmen.


And all masters and parents were enjoined to bring up their children and apprentices in some useful calling, labor, or employment, either in husbandry or some other trade profitable to themselves and the commonwealth, "if they will not or cannot train them up in learning to fit them for higher employment."


The marriage of any orphans not bound to service by their parents when alive, required the approval of the major part of the Selectmen or of a Magistrate.


The duties of the Town Constable are prescribed in much detail :


Constables are to whip and punish by order of Author- itie in their own towns, "unless they can get another to do it."


Every constable is authorized to make, sign, and put forth Pursuits or Hue and Cries after Murderers, Man- slayers, Peace-Breaking Thieves, Robbers, Burglars, and other Capital Offenders where no Magistrate is near at hand. Also to apprehend without warrant such as are overtaken with drink, Sabbath-breakers, liars, vagrants, or any other offenders, either by sight of the constable or by present information from others. Also to make search for such persons on the Sabbath-day or on other occasions, in all licensed houses or other suspected or disorderly


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places and keep them in safe custody till opportunity serve to bring them before one of the next Magistrates for further examination. Persons refusing to assist the Constables to be fined by warrant from any Magistrate before whom such offender be brought. And that no man may plead ignorance for such neglect or refusal, it is ordered that every Constable shall have a black staff of five foot long, tipped at the upper end about five inches with brass. as a badge of office.


The establishment of new Churches required the ap- proval of the General Court, as appears from the follow- ing ordinance :


"All the people of God within this Jurisdiction who are not in a Church way and be orthodox in judgment and not scandalous in life shall have full libertie to gather themselves into a Church estate, provided they doe it in a christian way with due observation of the rules of Christ revealed in his word. Provided also that the General Court doth not, nor will hereafter approve of any such Companyes of men as shall joyne in any pretended way of Church fellowship unless they shall acquaint the Magistrates and the Elders of the neigh- bour Churches where they intend to joyn, & have their approbation therein."


And it is further ordered that no person being a mem- ber of any church which shall be gathered without the approbation of the Magistrates and the said churches shall be admitted to the freedom of the Commonwealth.


Every church was to have free liberty,


(1) to exercise all the ordinances of God according to the rules of Scripture,


(2) to elect and ordain all her officers from time to time, "Provided they be able, pious and orthodox,"


(3) to deal with her members in a church way that are in the hands of justice, so as not to retard or hinder the course thereof, and


(4) to deal with a Magistrate, Deputy of Court, or other officer, that is a member, in a church way in case of apparent or just offence, so as it be done with due observance and respect.


Ministers and Elders of "neer adjoyning" churches


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were authorized to gather in monthly conferences con- cerning matters of doctrine, worship, or church gov- ernment, but the independence of the individual churches was protected by the enactment that nothing be con- cluded and imposed by way of Authoritie from one or more churches upon another but only by way of broth- erly conferences and consultations.


Disparagement or contempt of the minister or his teach- ing was an offence punishable by the Magistrate, and for the second offence the penalty was five pounds fine, or to stand two hours openly upon a block or stool four feet high on a lecture day, with a paper fixed on the culprit's breast, written in capital letters : "An Open and Obstinate Contemner of God's Holy Ordinances," that others might fear and be ashamed of breaking out into like wickedness.


Every person was required to attend meeting on the Lord's Day and on public fast days and days of thanks- giving, on penalty of five shillings fine, all such offences to be heard and determined by any one Magistrate or more from time to time.


The ultimate control in matters ecclesiastical was re- served to the civil authority, in the following language :


"Forasmuch as the peace and prosperity of Churches and members thereof as well as civil Rights & Liberties are carefully to be maintained, it is ordered by this Court & decreed, That the civil Authoritie heer established hath power and liberty to see the peace, ordinance and rules of Christ be observed in everie Church according to his word. As also to deal with any church-member in a way of civil justice notwithstanding any church relation, office or interest; so it be done in a civil and not in an ecclesiastical way. Nor shall any church censure degrade or depose any man from any civil dignity, office, or authoritie he shall have in the Common-wealth."


The official theology was made a part of the law of the land by the following provision aimed at "Heresies" :


"Although no humane power be Lord over the Faith & Consciences of men, and therefore may not constrein them to believe or professe against their Consciences : yet because such as bring in damnable heresies, tending to the subversion of the Christian Faith, and destruc-


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tion of the soules of men ought duly to be restreined from such notorious impiety, it is therefore ordered and decreed by this Court; That if any Christian within this Jurisdiction shall go about to subvert and destroy the christian Faith and Religion, by broaching or main- teining any damnable heresie; as denying the immor- talitie of the Soul, or the resurrection of the body, or any sin to be repented of in the Regenerate, or any evil done by the outward man to be accounted sin: or deny- ing that Christ gave himself a Ransom for our sins, or shall affirm that wee are not justified by his Death and Righteousness, but by the perfection of our own works; or shall deny the moralitie of the fourth commandment, or shall indeavor to seduce others to any the heresies aforementioned, everie such person continuing obstinate therein after due means of conviction shall be sentenced to Banishment."


Jesuits and priests of Rome were forbidden to come within the jurisdiction, Ana-baptists were denounced as "Incendiaries of commonwealths and Infectors of per- sons," on the ground, as stated, that those who hold the baptizing of infants unlawful have usually held other errors or heresies, such as denying the lawfulness of mak- ing war, the lawfulness of Magistrates and their jurisdic- tion to punish breaches of the first Table. All such were liable to be haled before a Magistrate and bound over for trial, the penalty being banishment.


Space does not permit the enumeration of the powers and duties of towns and town officers in respect to schools, the settlement of paupers and poor relief, the construc- tion and maintenance of roads, and the regulation of trade.


The following are examples drawn from the records of a few towns, showing how some of these laws were carried into effect.


In Ipswich, in 1642, it was voted that the "Seven Men" are to see that children neglected by their parents are employed, learned to read and understand the principles of religion, and if necessary bound out to service. Also that whosoever kills a wolf is to have - and the skin,


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if he nail the head up at the meeting house, and give notice to the Constables.


In 1661 there is the record of the appointment of cer- tain persons to keep order in the meeting house.


In 1670, the Constables were ordered to prevent young persons from being out late, especially on Sabbath, lecture and training-day evenings.


In 1672, it was voted that laborers are forbidden to have intoxicating liquors.


And in 1681, single persons are ordered to put them- selves under the care of some head of a family, Daniel Weldon is required to return to his wife, and another inhabitant is complained of because he has had a servant many years and has not taught him to read.


In Lynn, for several years before the land was divided and the fields fenced, the cattle were kept in one drove, guarded by an official called the "hayward." The inhabitants cut their wood in common and drew lots for the grass on the meadows and marshes.


In 1632, Mr. Batchelor, the first minister, was com- plained of before the General Court and was required to forbear exercising his gifts as pastor or teacher publicly "unless it be to those he brought with him," for his con- tempt of authority, and until some scandals be removed.


William Pynchon of Springfield came under censure of the General Court for a book written by him and pub- lished in England, entitled "The Meritorious Price of Man's Redemption," which was considered unorthodox on the doctrine of the Atonement. The book was ordered to be burned, and although the author retracted his views, he departed for England and never returned.


Malden was fined by the General Court in 1649 for calling a minister without the consent of the neighboring churches and without the approval of the General Court.


In Reading, three married women were fined three shillings apiece for scolding, in 1649. In 1650, the dep- uty from Reading and five others dissented from the order of the General Court that Pynchon's book on Redemption be burned in Boston and its author called to account.


In 1662, the town voted "That every dog that comes to the meeting after the present day, either on Lord's day or lecture days, except it be their dogs that pays for a


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dog-whipper, the owners of those dogs shall pay sixpence for every time they come to the meeting that doth not pay the dog-whipper."


At a General Court in May, 1667, the plantation of Nipmug was made a town by the name of Mendon. There was no Magistrate among the first settlers, and on Janu- ary 1, 1669, the townsmen chose the Colonel to be nomi- nated to the General Court to obtain power to take the verdict of a jury upon the death of John Lovett, to marry, and to give the present constable his oath. These powers were conferred on Colonel Crowne at a General Court at Boston, on May 19, 1669.


The salary of Joseph Emerson, the first minister of this town, was fixed at 45 pounds for the first two years, to be paid as follows: Ten pounds at Boston yearly at some shop there or in money at this town, the remainder to be made up, two pounds of butter for every cow, the rest in pork, wheat, barley, and so to make the year's pay in work, Indian corn, rye, pease and beef. All differ- ences between the minister and the town to be referred for adjudication to the churches of Medfield, Dedham, and Roxbury.


The charter was revoked in 1684, thus terminating the life of the corporation. This was not an act of tyranny, for the grounds of forfeiture were substantial and notor- ious. The legal status of the Freemen perished with the charter, and for the next seven years, until the Province Charter of William and Mary inaugurated a new era, no inhabitants of Massachusetts had any legal right to assemble for the purpose of law-making.


During the whole colonial period, from 1629 to 1684, Massachusetts made little or no progress towards religious toleration or political democracy.


The mother country learned, after a century and a half of dissension ending in civil wars and revolutions, that religious minorities could safely be tolerated, but only when the non-conformists themselves had learned that they must cease to contend for the supremacy of their own brand of religion. The founders of Massachusetts crossed the ocean before the conclusion of the matter. When they left home, religious and political thinkers were


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almost unanimous in the belief that uniformity of relig- ious faith and forms of worship was necessary for the safety and well-being of the State.


This belief the Puritan leaders of Massachusetts never outgrew. It may be that at the close of the colonial era, Increase Mather held more liberal views; but whether he did or did not, he well knew that he could never obtain either from King James or from King William a charter which discriminated agaist those subjects of the King who adhered to the Established Church and desired to worship according to its forms.


The new charter, with the franchise granted to all freeholders, subject to a moderate property qualification, and with religious toleration for all Christians except Papists, was regarded as a calamity by the Magistrates and the ministers. That it was regarded in the same way by the great majority of the people of Massachusetts is more than likely. For the people looked up to their min- isters and took their opinions from them. Although only a minority were church members, all went to meeting- they had no choice-and in the absence of books, libraries and newspapers, their whole intellectual life was molded by their spiritual teachers.


The loss of the charter was in reality a blessing. It had become a strait-jacket, and no progress was to be expected until the bonds were loosed. The chartered Company had played its part. Its great and lasting accomplishment was the founding of a strong and flourish- ing colony of Englishmen and attracting to these shores a great migration of the best people of the mother country, made up, as the colonists were, of representatives of all social classes except the lowest, and possessing that high average of intelligence, education, and character which may well inspire their descendants with pride and the will to be worthy of their inheritance. 1


ROGER WILLIAMS


BY REV. MILO E. PEARSON, D. D.


The Protestant Reformation was hardly under way when the inevitable took place. Individuals arose who were much more radical in their ideas than were Luther, Zwingli and Calvin. They considered these men but half-way reformers. One of the best known of these more radical groups was the Anabaptists. They held ideas, which at the time were considered most dangerous both to religion and the state, although today many of these ideas meet with widespread approval.


They believed that the individual had a right to in- terpret the Bible for himself. Luther had set a prec- edent for this position. But while he exercised this privilege, he denied it to others. Many of them dis- criminated between the value and the authority of the New Testament and the Old. They held that the true church was composed of believers only. Infant baptism they rejected, thinking it to be opposed to the principle of personal, voluntary action in religion. They often re- baptized those who had received the rite in infancy, con- sidering that this was no true baptism at all. Owing to this practice they came to be called Anabaptists. In matters of conscience they held that the state had no supremacy. In fact, they went further and said the state had no responsibility in religion. They stood for universal toleration, complete disestablishment, and free- dom in religious worship, organization and teaching. They were opposed to capital punishment, and because of this position many of them contended that a Christian ought not to accept the office of a civil magistrate. Their


(1)


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enemies declared that if this were the case, then "we must turn to the heathen or Turks for our governors." But, said they, "Not so, for there are but few Christians even in Christian lands, and hosts of men are left for rulers." Furthermore, they were opposed to the use of the oath, feeling that a man's "Yea" or "Nay" should be sufficient. Their opposition to war was such, that their enemies accused them of striking at the very foundation of the state. In imitation of the early church some ad- vocated economic communism. Others did not go so far, but maintained that all property belonged to the Lord, and should be used freely in caring for the needy. Among them there were radicals and extremists, who declared that women as well as goods ought to be held in common, and these brought the whole movement into great disrepute.


In 1657 the Anabaptists in the Netherlands were per- secuted very severely by the Duke of Alva, in consequence of which many left the country. Large numbers of them fled to England, and settled in Norfolk, Suffolk, and Essex Counties. Here and in the counties of York, Nottingham and Lincoln many of the Separatists were found. The two groups naturally came in touch with, and undoubtedly influenced each other.


It may be well to bear some of these things in mind as we study the life of Roger Williams, one of the out- standing Separatists of the 17th century.


In the past there has been doubt about the birth and parentage of Roger Williams. One theory has been that he was born in Wales in 1599 and was a relative of Cromwell. Another was that he was born in 1602 and was the third son of William Williams of Roseworthy, Cornwall, Eng. But it is now known beyond reasonable doubt that he was the son of Alice Williams and of James her husband, who was "A citizen and merchant tailor" of London. Williams never mentioned the date of his birth. It is not altogether strange, for he does not give the birth records of his own children with any exactness. But undoubtedly he was born in the very early years of the 17th century.


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BY REV. MILO E. PEARSON, D. D.


At an early age Roger Williams took up shorthand, and practiced in the Star Chamber where he attracted the attention of Sir Edward Coke, who later became his patron. The daughter of Coke leaves this memorandum on the back of one of Williams' letters.


"This Roger Williams, when he was a youth, would, in shorthand, take sermons and speeches in the Star Chamber and present them to my dear father. He, seeing so hopeful a youth, took such a liking to him that he sent him to the Sutton's Hospital, and he was the second that was placed there; full little did he think that he would have proved such a rebel to God, the King and his country. I leave his letters that, if ever he has the face to return into his native country, Tyburn may give him welcome."


Sutton's Hospital, of which Mrs. Anne Sadlier speaks, was a part of Charter House, London, and the records show that Roger Williams was admitted as a pensioner there on June 25, 1621. For his higher education he went to Pembroke College, Cambridge, entering June 29, 1623, and receiving the Bachelor of Arts degree in 1626-7.


Shortly after leaving Cambridge he became private Chaplain for Sir William Masham of Otes, County of Essex. An interesting experience grew out of the rela- tionship. The mother of Lady Masham was Lady Joan Barrington. In her household was a niece, Miss Jane Whalley, whom Williams naturally met and with whom he fell in love. How far his feelings were reciprocated we don't know, but the matter evidently attracted so much attention, and caused so much comment that Williams evidently felt bound to write quite frankly to Lady Barrington. The letter was most effusive. He tells of his affection for Miss Whalley and of how, although he had received offers of other livings, he "shall not be drawn on any terms to part from Otes, so long as any competency can be raised or liberty afforded." And in closing he speaks of his esteem for her in the most lavish terms.


Evidently the reply was curt and final, for he answers


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in a very different vein. He tells her very frankly that the Lord has a quarrel with her and he dare not hide it from her. He bids her cry hard unto the Lord. He assures her that the Lord owes her no mercy, and does not care for birth or money. He gives this further warn- ing: "Call to mind what a cut-what a gnawing worm it will be if ever you cast your eye up toward heaven and see so many branches in the bosom of Christ and your stock rejected." The first letter he closes with "The un- worthiest (though faithful) of all that truly serve and honour you." The second he closes with "Your Lady- ship's most faithful and obedient servant."




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