USA > Massachusetts > Essex County > Salem > The history of Salem, Massachusetts, vol 1, 1924 > Part 16
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And for the better gouning and ordering of of people, espetiallie such as shalbe negligent and remiss in pformance of their dutyes, or otherwise exorbitant, or desire is, that a house of correccon bee erected and set vpp, both for the punishm' of such offendo's, and to deterr others by their example from such irregular courses.
Richard Claydon, a wheelwright, recomended vnto vs by Dr Wells to bee both a good and painfull workman, and of an orderly lyfe and conversacon, o' desire is, that vpon all occasions hee may haue yo" furtherance and good accomodacon, as yo" shall finde him by his en- deavo's to deserve; to whom, as tto all others of fitness & judgmnt lett some of or servants bee comitted, to bee instructed by him or them in their seuall arts, &c.
There is also one Richard Haward and Richard Inkersall, both Bedfordshire men, hyred for the Company, wth their famylies, who wee pray yo" may bee well accomodated, not doubting but they will well & orderly demeane themselues.
O' Gouno", M' Cradock, hath entertained 2 gardnors, one of weh hee is content the Company shall haue vse of if neede bee; and wee desire that Barnabie Claydon, a wheelwright, may serve MT Sharpe for o" said Gouno" heere, or some other pson in lieu of him, that may giue him content.
Some things wee are desired by M" Whyte, the minister, to re- comend vnto yo" care, viz : that yo" would shew all lawfull fauo" and respect vnto the planters that came over in the Lyons Whelpe out of the countyes of Dorset and Somsett ; that yo" would appoint vnto William Dodg, a skilfull and painfull husbandman, the charge of a teame of horses; to appoint Hugh Tillie and William Eedes for servants to S' Richard Saltonstall; to giue approbacon and furtherance to Francis Webb in setting vpp his saw mill; and to take notice that all other psons sent over by M' Whyte are servants to the Company, whatsoever hee hath written to the contrary, this being now his owne desire.
The charge of these 3 shipps now sent, though every man that hath any private adventure in them is to pay for his pticuler, yett the hazard of pfitt and loss by the fraighting of them all, and mens wages and victuall, wth victuall for the passengers, is to bee borne } by the Com- panyes genall stock, & ₺ by the Gouno" and his ptners their private stock; soe is also the ffishing to bee returned by them, as the salt sent in them is. Wherfore wee pray yo", when yo" ships are discharged, if any sur- plus shalbe in victualls that they can spare, as also of other pvisions that was pvided for the passingers accomodacon, lett the same bee equally devyded, ¿ to the Gouno" there for the Company, th' other halfe to M' Samuell Sharpe for the vse of M' Cradock, o" Gouno", and his ptners. All pvisions for the fishing at sea is heere equallie borne in
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halfes; soe are all the pvisions for shipping of all the cattle in these 3 shipps ; and accordingly wee desire the deales & cask may be devyded there.
The pvisions for building of shipps, as pitch, tarr, rozen, okum, old ropes for okum, cordage, & saylcloth, in all these shipps, wth 9 fferkins and 5 halfe barrells of nayles in the 4 Sisters, are § for the Company in genall, and § for the Gouno", M' Cradock, and his ptners, as is also the charge of one Georg Farr, now sent over to the six shipwrights formly sent. OF desire is, a storehouse may bee made apt for the pvisions of the shipwrights and their tooles, wherof Robert Moulton to haue the cheife charge, and an inventory to bee sent vs of all the tooles, the new by themselues and the old by themselues, that are sent over for the vse of the sd shipwrights, or any of them, in these and the form shipps, in like mann of all pvisions any way concerning shipping, to the end wee may heere examine & fynde that the Company may bee duly charged wth their § pts of the charge, & noe more, and the Gouno' likewise and his ptners wth } pt, and noe more; and of desire is, that these men bee kept at worke togeather, adding to their helpe such of the Companyes servants as yo" shall fynde needfull, & ppor- tionably 3, as many of M' Cradocks, weh course wee hold most equall, and that accordingly as many vessells bee built, first that both ptyes may be accomodated for the psent occasion, but soe soone as 3 shallops shalbe finished, two of them to bee sett out for the Companie by lott, or as yow shall agree there to make an equal devision, and one for o" Gouno' & his ptners, wth whose agent, M' Sharpe, if yo" shall thinke fitt to agree vpon equall tearmes, ether in thirds or halfes, to fish to- geather when yo" shall haue vessells fitting, or for setting any other designe forward that may conduce to the good of all ptyes, the charge to bee borne indifferently by each partye pportionably, wee leave to yo' care and good discrecons, desiring and hartely praying that loue and vnitie may bee continued wthout any hartburninge. And as our Gouno" hath engaged himselfe beyond all expectacon in this business, not only in his pticuler, but by great somes disbursed for the genall, to supply the wants therof, soe o" desire is, that yo" endeavor to giue all further- ance & freindly accomodacon to his agents & servants there, not doubt- ing butt yo" shall fynde them likewise ready to accomodate the Com- pany in what they may, the Comp : standing in neede of y' helpe.
The cattle now and formly sent haue bin all pvyded by the Gouno", excepting 3 mares that came out of Lecestershire; but as well those as all the rest are agreed vpon to bee shipt, the one halfe at the charge and vpon the adventure of the genall Company, the other } for the Gouno" and his ptners. And because all occasions shalbe avoyded of iust ex. cepcons in their devision, it is agreed, the devision shalbe made after the arrivall there, that soe whatsoever it shall please God to send thither in safety, a devision may bee then made therof by lott, or in such equall mann as yo" the Gouno" there, and M' Sharpe, shall hold to bee in -. different ; and in case M' Samuell Sharpe should bee sick or absent, the Gouno's desire is, that Henry Haughton supply his place herein & in other his occasions there.
And as in o' form, soe now againe wee espetially desire yo" to take care that noe tobacco bee planted by any of the new planters vnder yo'
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gounmt, vnless it bee some small quantities for meere necessitie, and for phisick, for pservacon of their healths, and that the same bee taken privately by auntient men and none oth", and to make a genall restraint therof, as much as in yo" is, by pswading the old planters to employ themselues in other business, according to o" example, and not to pmitt that any tobacco bee laden there vpon our shipps.1
Since th'aboue written, wee haue, vpon further consideracon, re- solued, that the charge of the six fishermen sent over in the Lyons Whelpe, and 3 more now sent by o' Gouno", should bee borne, § by the genall Company, and } by Mr Cradock & ptners; the like for salt & other necessaryes for ffishing. In consideracon wherof, and for that they will haue a like interest in the shallops, o" desire is, that the benefitt of their labors, both in ffishinge & otherwise, (the trade of beavor ex- cepted, in weh if yow vse any of these fishermen as seamen, yo" must recompence their labo's, by other men to supply their place, ) bee equally devyded, 3 for th' use of the genall Company, and } for or Gouno", M' Cradock, & ptn's, pportionably ; and for such others as are to bee assisting to these men in the ffishing, yow are to appoint 3 of them to bee of the genall Companyes servants, & } of the servants of Mr Cradock and his ptners, accordingly.
The charge of the fraight of the 3 shipps, their men, victualls, &c, will stand vs in about 24001, and their fraight outward will nothing neere countervaile that charge. Wherfore wee pray yo" to ease it what yow may by sending vs returnes in ffish or other lading; and wee desire you to giue them all expedicon, for otherwise their monthly pay, being about 4001 p month for these 3 shipps, will soone swallow vp the gaines wee shall make of any thinge they may bring home from thence.
We haue now sent by these 3 shipps 29 waigh of salt, viz, II weigh in the Mayflower, 15 in the Fower Sisters, and 3 waigh in the Pilgrim, togeather wth lynes, hookes, knives, bootes, & barvells, neces- sary for ffishinge ; desiring o" men may bee employed, ether in harbor or vpon the banke, to make vse therof for lading o" ships; wherin wee desire yo" to conferr and advise wth M" Peirce, who hath formly fished there. And if yo" send the shipps to fish at the banck, & expect them not to returne againe to the plantacon, that then yo" send o" barke, that is already built in the country, to bring back o' ffishermen and such pvisions as they had for fishing, viz, of salt, if any remainder bee, as also of hookes, lynes, knives, bootes, and barvells, weh to them wilbe of noe vse, their fishing being ended, but may bee of vse to yow vpon all occasions.
And as wee haue hereby desired that a storehouse bee built for the shipwrights & their pvisions, & an inventory kept therof, soe wee de- sire likewise that the same course bee observed for the ffishermen, and an inventory bee duly kept of all the pvisions & implemts for fishinge, and a coppy therof to bee sent vnto us, and that such a carefull person bee appointed to take care & charge therof, to pserve the same from loss & spoyle, as yow in yo" discrecons shall think fitt, weh we pray yo" take into yo" espetiall care and consideracon, and soe to order this & other business, by distributing the care thereof to seuall psons, that the burthen bee not too heavy to any pticuler, and soe the business itselfe
1The remainder of this letter was written at Gravesend June 3, 1629.
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suffer. And this care wee desire may bee taken, for that wee know not how soone wee may resolue of some other devision.
Thomas Beard, a shoomaker, and Isack Rickman, being both re- comended to vs by M' Symon Whetcombe to receive their dyett & houseroome at the charge of the Companie, wee haue agreed they shalbe wth yo" the Gouno", or placed elsewhere, as yo" shall thinke good, and receive from yo", or by yo" appointmt, their dyett & lodging, for wch they are to pay, each of them, after the rate of 101 p ann. And wee desire to receive a certificate, vnder the hand of whomsoever they shalbe soe dyetted & lodged wth, how long tyme they haue remained wth them, in case they shall otherwise dispose of themselues before the yeare bee expired, or at least wise at the end of each yeare, to the end wee may heere receive paymt according to the sª agreemt. The said Tho: Beard hath in the shipp the May Flower divers hydes, both for soles and vpp · leathers, weh hee intends to make vpp in bootes and shoes there in the country. Wee pray yo" let M' Peirce, the m' of the said shipp, viewe the said leather, & estimate what tonnage the same may import, that soe the said Beard may ether pay vnto yo" there after the rate of 4" p tonn for fraight of the same, the like for his dyett if there bee occasion to vse any of his comodities, or otherwise, vpon yo" advice, wee may re- ceive it of M" Whetcombe, who hath pmised to see the same discharged. Wee desire also the said Tho : Beard may haue 50 acres of land allotted to him as one that transports himselfe at his owne charge. But as well for him as all others that shall haue land allotted to them in that kinde, and are noe adventurers in the comon stock, weh is to support the charge of ffortyficacons, as also for the ministrie & divers other affaires, wee holde it fitt that these kinde of men, as also such as shall come to in- heritt lands by their service, should, by way of acknowledgmt to such from whom they receive these lands, become lyable to the pformance of some service certaine dayes in the yeare, and by that service they and their posteritie after them to hold and inherite these lands, weh wilbe a good meanes to enioy their lands from being held in capite, and to support the plantacon in genall and pticuler.
Wee may not omitt, out of o' zeale for the genall good, once more to putt yo" in mynde to bee very circumspect, in the infancie of the plantacon, to settle some good orders wherby all psons resident vpon o" plantacon may apply themselues to one calling or other, and noe idle drone bee pmitted to liue amongst vs, wch, if yo" take care now at the first to establish, wilbe an vndoubted meanes, through Gods assistance, to pvent a world of disorders and many greuious sinns & sinners.
The course we haue pscribed for keeping a dayly register in each familie of what is done by all and every pson in the famylie wilbe a great helpe & remembrance to yo", and to future posteritie, for the vpholding and continuance of this good act, if once well begun and setled, weh wee hartely wish & desire as aforesaid.
And as wee desire all should liue in some honest calling and pfession, soe wee pray yow to bee vnpartiall in the adminstracon of justice, and endeavor that noe man whatsoever, freeman, or servant to any, may haue just cause of complaint herein. And for that it cannot be avoyded but offences wilbe given, wee harely pray you to admitt of all complaints that shalbe made to yo", or any of yo" that are of the
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councell, bee the comple never soe meane, and pass it not sleightly over, but seriously examine the truth of the business, and if yow fynde there was just cause for the complaint, endeavo" to right the oppressed in the best mann yo" can. But, howsoever, take some strict course to puent the like; and such as are by vs put in authoritie as subordinate gouno's of ffamylies, if they shall abuse any vnder their gounmt, and after a gentle admonicon doe not reforme it, faile not speedylie to re- move them, as men more fitt to bee gouned then to goune others, and place more fitt and sufficient men in their steed. But if yow fynde any comple to bee made without just cause giuen, lett not such a fault escape wthout severe punishmt, and that forthwth, and in publique, wherby to teryfie all others from daring to complaine against any that shalbe sett over them wthout a just cause. Wee pray yo" take this earnestly to hart, and neglect not the due execucon therof vpon plaintiff or de- fendant, according to the nature of the offence. It wilbe a meanes, through Gods mercy, of pventing many inconveyencies and disorders that otherwise will vndoubtedly befall yo" and the whole gounmt there.
And amongst other sinns, wee pray yo" make some good lawes for the punishing of swearers, whervnto it is to bee feared too many are adicted that are servants sent over formly and now. These and other abuses wee pray yow who are in authoritie to endeavor seriously to reforme, if ever you expect comfort or a blessing from God vpon o' plantacon.
We haue discharged divers servants heere that we had entertained, and bin at great charges wth some of them, yett, fearing their ill lyfe might bee. piudiciall to the plantacon, wee rather thought fitt to dismiss them, and loose o' charges, then to burthen the plantacon wth them. Amongst others in like mann dismissed by the Gouno", 2 of the 3 ffisher- men of his, formly menconed, are gone. Wee doubt not but God will in due tyme pvyde us sufficiently wth honest and able servants ; and wee hope these sent wilbe conformable to good gounmt, weh if they doe willingly and cheerefully wilbe the greater comfort to yo" and vs; if otherwise, we doubt not but yow, in yor good discrecons, will know how to pceede wth such. Wherin, and in all things els yo" goe about, wee beseech the Almighty soe to direct yo" as that God alone may haue the glory, and yow and wee comfort heere tempally and hereafter ppetually.
Wee pray yoW to take notice that in these and the form shipps ther is shipped in cattle and other pvisions according to pticuler invoyces heere inclosed; but whether all things bee incerted in the same invoyces wee make doubt, and therfore pray yow to bee carefull a due register bee kept of all putt ashore.
We pray yo" endeavo", though there bee much strong waters sent for sale, yett soe to order it as that the saluages may not for o" lucre sake bee induced to the excessive vse, or rather abuse of it, and at any hand take care of people giue not ill example; and if any shall exceede in that inordinate kind of drinking as to become drunck, wee hope yow will take care his punishmt bee made exemplary for all others. Lett the lawes bee first published to forbidd these disorders, and all others yo" feare may growe vp, wherby they may not ptend ignorance of the one nor p'uiledg to offend, and then feare not to putt good lawes, made vpon good ground and warrant, in due execucon. And soe, recomending
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yo" and all yo" affaires to the pteccon of the Almighty, wee conclude, and rest
Yor, &c.
Grauesend, 3 June, 1629.
To the Worp" o" very loving friends, Capt Jo:
Endecott, Esq, Gounor, Fr : Higgenson,
Samuell Skelton, Fr : Bright, Jo: & Sam:
Browne, Sam : Sharpe, Tho : Graues, & the
rest of the Councell for Londons Plantacon
in the Mattachusetts Bay in New England.1
Governor Endecott was advised repeatedly in the letter he received from the Company that the principal object of the settle- ment here was missionary work among the aborigines; and that he should endeavor to bring them to the knowledge of the gospel. It is interesting to note that the first suggestion in the way of the accomplishment of this design was that he should have diligent and watchful oversight of the English settlers, that they lived blameless, peaceful and harmonious lives and acted justly and courteously toward them, taking advantage of every opportunity which would tend to improve them, and especially not to do any injury to them, and thus attract the natives and create a desire to. be like the English and then embrace the Christian religion ; also, to get some of the Indian children to be trained to reading and in the principles of Christianity while they were young. The use of intoxicating liquors was ordered to be so temperate that no bad example would be set, and the Indians were not to abuse the use of it.
Governor Endecott was admonished not to be too confident of the fidelity of the savages, remembering the evil disappointments in Virginia from such trustfulness. Too much familiarity with them was not countenanced, and Governor Endecott was advised that they should be allowed to come to the plantation only at cer- tain times and places which were to be appointed. Guns and ammunition were forbidden to be sold to them, and persons guilty of doing so were to be sent to England as criminals.
Indians claiming title to the territory or any part of it were to be scrupulously treated with and their claims settled, if possible.
The Company recognized the rights and feelings of the old planters, and not only had them largely represented in the local government, but confirmed to them the lands that they had oc- cupied and improved and such other lands as the local government might grant to them. The old planters were also to have a share of the profit from the common stock of the Company, as if they
1Massachusetts Bay Colony Records, volume I, pages 398-407.
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were adventurers after deducting reasonable freight and such per cent for the use of the money invested in the plantation by the adventurers as the local goverment might determine "to bee agree- able to equitie & good conscience." These privileges and profits were to be allowed, however, only to "such as bee peaceable men, and of honest lyfe and conversacon & desirous to liue amongst vs, and conforme themselues to good order and governmt."
This attitude of the Company toward the old planters was per- haps somewhat influenced by the suspicion that John Oldham might divert them from their allegiance to the Company. Oldham · had detained the vessels in England that spring some two months in a vain endeavor to obtain the management of the stock of the Company. If he had accomplished his purpose, he would have had the profits above a certain amount, and the right to trade with the Indians. This was a benefit which the Company had reserved for itself, corporately. Finally, the Company concluded that he was "a man altogeather vnfitt" to deal with, and refused prepared a vessel to go to New England, and settle in Massachu- setts Bay, claiming title to the soil by a grant from Sir Ferdinando Gorges' son. Their purpose was, of course, personal gain, and not the settlement of the country. The Massachusetts Bay Company, though unwilling to do anything to debar any person who was residing here before they came from that trade, stated, however. that they would not "pmitt any to appropriate to their owne pri- vate lucar weh wee, in or religious intercours haue dedicated to the comon charge of building houses for Gods worshipp and fforts to defend such as shall come thither to inhabite." Governor Endecott was enjoined by the Company to use the best means he could "to settle an agreem' wth the old planters, soe as they may not harken to Mr Oldhams dangerous though vaine ppositions."
To strengthen the possession of the Company in the territory of their grant, they directed Governor Endecott, with all expedi- ency, as soon as the vessels with the colonists arrived, to cause some forty or fifty persons to settle in the Bay, reserving to all persons found residing there, however, the rights they already had, providing that they were willing to be subject to this govern- ment, and to bring them into such agreement, if possible, even by conferring upon them extraordinary privileges of trade. This settlement was duly made at what is now Charlestown, the plantation being named for the king.
The Company deemed it wise to lay the foundations of the government with strength and strictness and certainty, and re- quested Governor Endecott to thoroughly exercise its political powers, and "suppress a mischiefe before it had too great a head." "Not," they wrote, "that wee would wrong any man that will live peaceably w""in the limitts of o" plantacon ; but . . the
f
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pservacon of o' p'uiledges will cheifly depend (vnder God) vpon the first foundacon of or gounmt."
Rev. Mr. Higginson had been at Naumkeag less than a month when, at his suggestion, the name of Salem, from the Hebrew place name meaning peace, was given to the plantation, in the place of "Marble-harbor,"1 "in remembrance of a peace setled upon a conference at a generall meeting betweene them and their neigh- bours, after expectance of some dangerous jarre."2
1New Englands Plantation.
2The Planters Plea, by Rev. William White, London, 1630, chapter II.
CHAPTER VII.
INSTITUTION OF GOVERNMENT.
HE Massachusetts Bay Company was organized on a business basis. When the colony became established, and the people in their associate relations needed a form of local government, steps were taken by the Company to establish administrative authority by and among the people in the plantation.
The Company increased in numbers after Captain Endecott and his colony had sailed, and a charter was secured directly from the king, under the broad seal of England, confirming the grant they had received from the council at Plymouth. By this patent the Company was incorporated into a body politic, with ample authority for government within its territory.1 This document was engrossed in duplicate, each on four sheets of sheep skin, measuring thirty by twenty-four inches. One of these duplicates was sent to Governor Endecott on the George, by Samuel Sharp, and was received by Endecott in June, 1629. It has been in the possession of the Salem Athenæum since 1827, and is now on deposit in the fireproof of the Essex Institute.
The following is an abbreviated copy of the charter :-
Charles, by the grace of God, Kinge of England, Scotland, Fraunce, and Ireland, Defendor of the Fayth, &c, To all to whome theis Presents shall come, Greeting. Whereas our most deare and royall father Kinge James, of blessed memory, by his Highness letters patents beareing date at Westminster the third day of November, in the eighteenth yeare of his raigne, hath given and graunted vnto the
1Subsequently the Plymouth colony asked for a corporate charter as extensive in authority to make and execute laws as "the Salem or Massachu- setts plantation." The king graciously granted the request, referring it to the lord keeper to order the solicitor to draw it up. Many riddles had to be solved by "the golden key", however, before the rights were obtained. See letter from James Shirley in Governor Bradford's letter book.
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Councell established at Plymouth in the County of Devon, for the planting, ruling, ordering, and governing of Newe England in America, and to their successors and assignes for ever : All that parte of America lyeing and being in bredth from forty degrees of northerly latitude from the equinoctiall lyne, to forty eight degrees of the saide northerly latitude inclusively, and in length of and within all the breadth afore- said throughout the maine landes from sea to sea, together, also, with all the firme landes, soyles, groundes, havens, portes, rivers, waters, fishing, mynes, and myneralls, aswell royall mynes of gould and silver, as other mynes and mynerals, precious stones, quarries, and all and singular other comodities, jurisdiccons, royalties, priviledges, fran- chesies, and prehemynences, both within the said tract of lande vpon the mayne, and also within the islandes and seas adioining :
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