USA > Massachusetts > Essex County > Salem > The history of Salem, Massachusetts, vol 1, 1924 > Part 17
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To be houlden of our saide most deare and royall father, his heires, and successors, as of his mannor of Eastgreenewich, in the County of Kent, in free and comon Soccage, and not in Capite nor by Knights Service. Yeildinge and paying therefore to the saide late Kinge, his heires, and successors the fifte parte of the oare of gould and silver obteyned in saide lands, for or in respect of all duties, demaunds, and services whatsoever to be don, made, or paide to our saide dear father, the late Kinge, his heires, and successors. And whereas the saide Councell, . have, by their deede, bearing date the nyneteenth day of March last past, confirmed to Sir Henry Rosewell, Sir John Young, knightes, Thomas Southcott, John Humphrey, John Endecott, and Symon Whetcombe, their heires and associats for ever, All that parte of Newe England . which lyes and extendes betweene a greate river there comonlie called
Merriemack, and a certen other river there called Charles river, being in . Massachusettes bay, and also all and singuler those landes and hereditaments whatsoever lyeing within the space of three English myles on the south parte of the saide Charles river
also all those landes and hereditaments whatsoever which lye
And three English myles to the northward of the saide river called Merrymack
And also all islandes lyeing in the all mynes and myneralls,
throughout the mayne landes there, from the Atlantick and westerne sea and ocean on the east parte, to the south sea on the west parte,
saide seas, . on the westerne or easterne coasts : And also
And all jurisdiccons, rights, royalties, liberties, freedomes, ymmunities, priviledges, franchises, preheminences, and comodities whatsoever, which they, the saide Councell, established at Plymouth, in the County of Devon, for the planting, ruling, ordering, and governing of Newe England in America, then had or might vse, exercise, or inioy in and within the saide landes and premisses. To have and to hould the saide premises . vnto the saide Sir Henry Rosewell, and their associattes, for evermore,
in free and comon Socage. Nowe knowe yee, that wee, at the humble suite and peticon of the saide Sir Henry Rosewell, . . and others whome they have associated vnto them, confirme vnto the saide Sir Henry Rosewell and to their associattes hereafter named, (videlict.) Sir Richard Saltonstall, knight, Isaack Johnson, Samuel Aldersey, John Ven. Mathew Cradock. George Harwood. In-
MASSACHUSETTS BAY COLONY CHARTER.
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-
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INSTITUTION OF GOVERNMENT
crease Nowell, Richard Perry, Richard Bellingham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pinchion, and George Foxcrofte, their heires and assignes, All the saide parte of Newe England liberties, freedomes, im- munities, priviledges, franchises. To have and to houlde
to their absolute vse and behoofe for evermore, in free and comon Socage. And forasmuch as the good and prosperous successe of the plantacon cheifly depend, next vnder the blessing of Almightie God and the support of our royall. authoritie, vpon the good government of the same, To the ende that the affaires and buyssinesses concerning the plantation . be the bet-
ter mannaged Wee
confirme vnto our saide trustie and
and all such others as shall hereafter be welbeloved subiectes
admitted and made free of the Company . shall . be,
. one body corporate and politique in fact and name, by the name of the Governor and Company of the Mattachusetts Bay in Newe England; they shall have perpetuall succession : .
. to implead and to be impleaded, and to prosecute, demaund, and answere, and be aunsweared vnto, in all . accons, and also to have, take, possesse, ac- quire, and purchase any landes, tenements, or hereditamentes, or any goodes or chattels, And the same to lease, graunt, demise, alien, bar- gaine, sell, and dispose of as other our liege people of this our realme of England, or any other corporacon or body politique of the same maie lawfullie doe: And, further, that the said Governor and Companye and their successors maie have for ever one comon seale, to be vsed in all causes and occasions of the said Company, and the same seale maie alter, chaunge, breake, and newe make, . . at their pleasures, .
from henceforth for ever, there shalbe one Governor, one Deputy Governor, and eighteene Assistants of the same Company, to be to take
chosen out of the freemen of the saide Company,
ordering of the
plantacion thereof, and the government of the
saide Mathewe people there. And wee . constitute
Cradocke to be the first and present Governor saide Thomas
Goffe to be Deputy Governor and the saide Sir Richard Salton- stall, Isaack Johnson, Samuell Aldersey, John Ven, John Humfrey, John Endecott, Simon Whetcombe, Increase Noell, Richard Pery, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Adams, Thomas Hutchins, John Browne, George Foxcrofte, William Vassall, and William Pinchion to be the present Assistants of the saide Com- pany, to make lawes and ordinnces for the good and welfare of the saide Company and for the government and ordering of the saide landes and plantacon, and the people inhabiting and to inhabite the same, not contrarie or repugnant to the lawes and statuts of this our realme of England. That it shalbe lawfull and free for them,
. out of any our realmes or dominions whatsoever, to take, leade, carry, and transport, for and into their voyages, and for and towardes the said plantacon in Newe England, all such and soe many of our loving subiects, or any other strangers that will become our loving subiects, and live vnder our allegiance, as shall willinglie accompany them in the same voyages and plantacon, and also shipping, armour,
I46
HISTORY OF SALEM
weapons, ordinance, municon, powder, shott, corne, victualls, and all manner of clothing, implements, furniture, beastes, cattle, horses, mares, marchandizes, and all other thinges necessarie for the saide plantacon, and for their vse and defence, and for trade with the people there, and in passing and returning to and fro, any lawe or statute to the contrarie hereof in any wise notwithstanding, and without payeing or yeilding any custome or subsedie . by the space of seaven yeares from the day of the date of theis presents. . That they and every of them shalbe free and quitt from all taxes, subsidies, and customes in Newe England for the like space of seaven yeares, and from all taxes and imposicons for the space of twenty and one yeares vpon all goodes and merchandises, either vpon importacon thither, or exportacon from thence into our realme of England, or into any other our domyn- ions, . except onlie the five poundes per centum due for custome vpon all such goodes and merchandizes, as after the saide seaven yeares. That all and everie the subiects of vs, which shall goe to and inhabite within the saide landes their children which shall happen to be borne there, or on the seas in goeing thither or retorning from thence, shall have and enioy all liberties and immunities as yf they were borne within the realme of England. And that
our said people, inhabitants there, maie be soe religiously, peace- ablie, and civilly governed, as their good life and orderlie conversacon maie wynn and incite the natives of country to the knowledg and obedience of the onlie true God and Savior of mankinde, and the Christian fayth, which, in our royal intencon and the adventurers free profession, is the principall ende of this plantacon. . . 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.1
The title of the corporate body was the Governor and Com- pany of the Massachusetts Bay in New England. The king en- dowed it with many large and ample privileges and immunities, with power to make good and wholesome laws, orders and ordinances for the better maintenance and support of those privileges and for the better and more orderly and regular govern- ment to be observed in the prosecution and propagation of in- tended voyages and the plantation there, authorizing it to select and appoint fit persons amongst its members for the managing, ordering and governing of its affairs, both in England and in the places then granted to it. Noting all these favors of the king, the corporate body thus created, in prosecution of the power and authority conferred upon it, voted, April 30, 1629, to settle and establish an absolute government at its plantation in Naumkeag.
1The charter is printed in full in the beginning of the first volume of the Records of the Massachusetts Bay Colony, and occupies seventeen large pages.
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INSTITUTION OF GOVERNMENT
Thirteen, the record says, "of such as shalbe reputed the most wyse, honest, expert, & discreete psons resident vpon the said plantacon" were to be elected, and have the sole management and ordering of the government and the affairs of the Company in New England, and endeavor so to make the settlement "to the glory of God, the furtherance & advancem' of this hopeful plantacon, the comfort, encouragemt, & future benefitt of vs & others, the beginns & psecuto"s of this soe laudable a worke." These thirteen persons constituted the original corporate body in the Massachusetts Bay Colony. The Company chose the governor and seven of the council. Having "taken into due consideracon the meritt, worth, & good desert of Capt. John Endecott," the Company elected him "to the place of psent Gouno' in or said plantation." Captain Endecott was, at that time, an assistant in the Company. The Company also chose Rev. Francis Higginson, Rev. Samuel Skelton, Rev. Francis Bright, Mr. John Browne, Mr. Samuel Browne, Mr. Thomas Graves and Mr. Samuel Sharp to be seven of the council. The governor and these seven councilors were authorized to choose three more, "such as they, or the greater nomb of them, in their discrecons, shall esteem & conceive most fitt therevnto, to bee also of the said councell." That the old planters might be duly represented in the council, the Company voted "that such of the said form planters as are willing to liue wthin the lymitts of o' plantacon shalbe enabled, & are hereby authorized, to make choice of 2 such as they shall thinke fitt." From these twelve members of the council, the governor and council chose one to be deputy-governor. The governor and council were authorized to choose "a Secretary, & such other subordinate officers, to attend them at their courts, meetings, or otherwise, &c, as in their discrecons shall seem meete & needfull."
That the governor, deputy, councilors and subordinate officers might be "the more carefull in pformance of the charge comitted vnto them" it was thought best to require a proper oath of office to be administered to them when they were elected or admitted into the several offices. The oaths were prepared by "learned counsel," in England, except those for the subordinate officers, which were left to the discretion of the local government. The oath of the governor and deputy-governor was as follows :--
Yo" shalbe faithful and lyall vnto o' Souaign Lord, the Kings Maty, & to his heirs & successors; yo" shall support and maintaine, to yor power, the gounm & Company of the Mattachusetts Bay in New England, in America, & the p'viledges of the same, haueing noe sing- ular regard to yo selfe in derogacon or hinderance of the comon wealth of this Company; and to every pson vnder yor authoritie you shall administer indifferent & equall iustice. Statutes & ordinances shall yow none make wthout th'advice & consent of the councell for the gounmt
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HISTORY OF SALEM
of the Mattachusetts Bay in New England; yo" shall admitt none into the ffreedome of this Company but such as may clayme the same by certue of the p'uiledges therof; yo" shall not bynde yo'selfe to enter into any business or pcess for or in the name of this Companie wthout the consent & agreemt of the councell aforesaid, but shall endeavo" faithfully & carefully to carry y'selfe in this place and office of Gou"NO", as long as yo" shall continue in it ; and likewise yo" shall doe yo' best endeavo" to draw on the natiues of this country, called New England, to the knowledge of the true God, and to conserve the planters & others coming hether, in the same knowledge & feare of God; and yo" shall endeavor by all good meanes to advance the good of the plantacons of this Companie; and yo" shall endeavo' the raising of such comodities for the benefitt and encouragmt of th'adventurers & planters, as, through Gods blessing on yo' endeavo's, may bee pduced for the good & service of the kingdom of England, this Company, and their plantacons. All these pmises yo" shall hold & keepe, to the vtter- most of yo' power & skill, soe long as yo" shall continue in the place of GOURNOR of this fellowship. Soe help yo" God.
The Company appointed a certain person to administer the oath to the governor ; and the governor, being duly sworn, ad- ministered the oath to the deputy-governor ; and the governor or deputy-governor qualified the other members of the council and the subordinate officers by administration of their respective oaths in open court.
The persons then chosen to these various positions were to hold office for one year from the time they qualified by taking the official oath, or until such time as the Company thought fit to choose others to succeed them in their respective offices. If a vacancy should occur through death, or through removal for the commission of a misdemeanor or other unfitness for official duty, the governor, deputy-governor and councilors, then capable of acting, were authorized to choose fit persons to succeed officers so removed or deceased, for the unexpired term.
The governor was authorized to call courts and meetings of the governor and council in places and at times convenient, in his discretion, and, in the absence of the governor, the deputy .gov- ernor ; and at such meetings duly held, the governor or his deputy being present, under the charter rights and powers, they were authorized "to make, ordaine, and establish all mann of wholsome & reasonable lawes, orders, ordinances & constitucons, (soe as the same bee noe way repugnant or contrary to the lawes of the realme of England) for the administring of justice vpon malefacto's and inflicting condigne punishm' vpon all other offendo's, and for the furtherance of ppagating of the said plantacon, and the more decent & orderly gounm' of the inhabitants resydent there." Copies of all such orders were to be sent to the Company in Lon- don; and all votes of the Company in London concerning the
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INSTITUTION OF GOVERNMENT
government in New England were to be sent to Governor Endecott.
For the use of the government in New England, the Company had a silver seal made in April, 1629. This seal was used all VER through the colonial period by the govern- ment. The inscription, "SIGILLVM : GVB : ET : SOCIET: DE: MATTACHV- SETTS: BAY: IN: NOVA : V SEAL. M&GVB: ET: SOCIET: ANGLIA," indicates that ELP Endecott was the first ONEN governor who was in- tended to use and did actually use this seal. The words that the In- dian is represented as saying, "COME OVER AND HELP VS," express the missionary purpose of the colonization. The seal was sent with the charter to Governor En- CHVSETS:B decott, by Samuel Sharp, in the ship George. The original seal is not known to be in existence. The engraving shows its exact size.
The rule over the people was to be kind though strict. The people were to be "well educated in their genall callings as Chris- tians ;" and, in cases of misdemeanor, lenity, admonition and gentle correction were first to be practised. If that should prove in- sufficient, then due punishment should follow, and in serious cases the wrongdoers were to be sent to England for punishment. The government was to be impartial, and the same rule applied to all,- to planters, servants and Indians alike.
Proclamation of laws and ordinances under the seal of the Company was to be posted in some proper public place for the information of both English and Indians.
No records of the sessions of this government at Salem are known to exist. They were probably carried to England to the Lords.1 Many meetings must have been held, as there were im- portant questions to be decided during the time that the govern- ment was located here, a period of more than a year.
1See letter of Edward Howes to John Winthrop, jr., dated at London, March 25, 1633, in Massachusetts Historical Society's Collections, 3d series, volume 9, page 257.
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HISTORY OF SALEM
Different from all others, this government was not established by, nor for the benefit of, any one man-leader or dictator, hero or chieftain. Not a single political European idea found acceptance in the new land. Democracy, made room for and cherished by the events which brought the government into existence, was its vital essence. Past distinctions were now swept away either by the new ideas or force of circumstances. As the convictions, aims and purposes of the promoters and planters were identical, they became united in social and political equality, and a nation peculiar in the history of the world naturally resulted.
CHAPTER VIII. FOUNDING OF THE CHURCH.
HEN the ministers, Messrs. Skelton, Higginson, Bright and Smith, left England for America in 1629, they were not separatists, only non-conformists. Reverends Skelton and Higginson, at least, were not desirous of forsaking the Episcopal service, to which they must have become strongly attached after so many years of its enjoy- ment. The merchants who constituted the Massachusetts Bay Company had great regard for the judgment of Arthur Hilder- sham of Ashby-de-la-Zouch in the settlement of the religious side of the life of the colony. He advised the planters to agree fully upon their form of church government before their removal to New England ; but no agreement had been made beyond the tacit understanding that the reformation of the church be according to the plain teaching of the Bible.1
The language of Rev. Mr. Higginson, when taking his last look at the fatherland as the ship Talbot sailed away from Land's End, indicates but faintly an intention of forsaking the ritual of the Episcopal church; but his account of the voyage suggests the simplicity of the service on board the vessel.
The presence of Dr. Samuel Fuller, who had been sent to Naumkeag by Governor Bradford of the Plymouth colony at the time of the sickness among the colonists in the spring of 1629, gave Captain Endecott an opportunity to learn of the principles of faith and church government of the Pilgrims. Captain Endecott wrote, in a letter to Governor Bradford, May II, 1629, in reference to conferences with Doctor Fuller, "that I am by him satisfied, touching your judgments, of the outward form of God's worship; it is (as far as I can yet gather ) no other than is warranted by the evidence of truth, and the same which I have professed and main- tained, ever since the Lord in mercy revealed himself unto me,
1Magnalia Christi Americana, by Rev. Cotton Mather, book I, chapter IV.
15I
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HISTORY OF SALEM
being far differing from the common report that hath been spread of you touching that particular." Consultations were held with others from Plymouth, who "with great satisfaction" laid before the Naumkeag planters the warrant they had in the laws of Christ for each particular in their church order.2
This conclusion of Captain Endecott was apparently made known to the ministers and prominent men among the colonists at Naumkeag and readily found response in the minds of Skelton and Higginson, but rejection from Bright, and opposition "here and elsewhere," as Deacon Gott wrote to Governor Bradford.8 Probably the circumstances under which the church was formed had no inconsiderable influence on the simplicity of the form of worship and the democracy of the government of the church.
Monday, July 20, was set apart by Governor Endecott "for a solemn day of humiliation" for the choice of a pastor and teacher. The forenoon was "spent in praise and teaching" and in the after- noon the election was held. The ministerial candidates were con- ferred with about their callings, and they acknowledged that these were two-fold, one being spiritual and the other formal. The first was a call from the Lord, to a desire for the work; and the other a call from the company of believers "joined together in covenant to walk together in all the ways of God." It was decided that Messrs. Skelton and Higginson were qualified as ministers. The election was by the male members by ballot, which named one candidate for pastor and one for teacher of the church. Mr. Skelton was elected pastor and Mr. Higginson, teacher. They accepted the election and their installation followed. Mr. Higgin- son and three or four "of the gravest members of the church" laid their hands on Mr. Skelton, and prayed. The same rite was then performed in installing Mr. Higginson. An informal election of John HORDE elders and deacons followed. Charles Gott and John Horne4 were chosen deacons, but their formal election and qualification by the laying on of hands was deferred, "to see if it
1See page 99.
2Magnalia Christi Americana, by Rev. Cotton Mather, book I, chapter IV.
"Deacon Gott's letter to Governor Bradford, page 154.
4The Horne family spelled their name in this way, but after the first generation here dropped the initial H.
DEA. JOHN HORNE1 lived where the city hall stands on Washington Street ; house carpenter ; married Frances [Ropes ?] ; she was living in 1659; he died in the winter of 1683-4; children: 1. Jehoadan;2 married Richard Harvey; 2. Elizabeth;2 married Thomas Gardner; 3. Benjamin,2 baptized Dec. 25, 1636; 4. John;2 5. Joseph;2 6. Simon,2 baptized Oct. 28, 1649; 7. Mary ;2 married John Smith of Charlestown; 8. Ann,2 baptized March 22, 1657-8; married Nathaniel Felton; 9. Jonathan,2 born July 28, 1658; died Sept. II, 1658.
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FOUNDING OF THE CHURCH
pleased God to send us more able men". An interesting report of
BENJAMIN ORNE;2 tailor ; married Sarah -; died Sept. 13, 1702; she was his widow in 1722; children: I. Mercy,3 born Jan. 24, 1684-5; married Benjamin Eaton of Roxbury; 2. Margaret,3 born Nov. 22, 1687; married Daniel Lambert; 3. Benjamin,3 born March 14, 1693-4. JOHN ORNE;2 cord- wainer and shoemaker; married, first, Mary Clarke Oct. 30, 1667; she died June 19, 1690; married, second, Naomi before 1709; he was living in 1707, and his wife Naomi in 1709; children: I. Mary,3 born Aug. 23, 1668; died Aug. 20, 1669; 2. Sara,3 born Feb. 26, 1669-70; 3. Elizabeth,3 born Dec. 27, 1671; 4. Abigail,3 born Aug. 20, 1673; 5. John,3 born Nov. 6, 1675; cordwainer; lived in Boston; married Elizabeth Williams June 9, 1709; had children; 6. Mary,3 born Sept. 25, 1678; 7. Samuel,3 born May 19, I682; 8. Ebenezer,3 born Aug. 20, 1684; 9. Jonathan,3 born Nov. 22, 1693; died Oct. 6, 1701; IO. Recompence,3 born Jan. 20, 1696-7; II. David,3 born March 13, 1698. ENS. JOSEPH ORNE;2 cordwainer and shoemaker; married Anna Tomson July 12, 1677; she was his wife in 1726; he was deceased in 1746; children : I. Anna," born April 14, 1678; married John Cabot; 2. Timothy,3 baptized Sept. 22, 1683; 3. Joseph,3 baptized Sept. 22, 1683; cordwainer and merchant; died, probably unmarried, in the spring of 1748; 5. Josiah,3 baptized Dec. 25, 1687; 5. Samuel,3 baptized Sept. - , 1691; 6. Mary,3 baptized Feb. - , 1693; married Joseph Grafton. SIMON ORNE;2 married widow Rebecca (Rea) Stevens Feb. 28, 1675-6; died in the autumn of 1687; she was his widow in 1689; children: I. Joshua,3 born "middle of September," 1677; cordwainer; lived in Marblehead; married Elizabeth ---; she died in Marblehead Oct. 16, 1753; he died there July 14, 1758; had children; 2. Simon,3 born Jan. II, 1679-80; lived in Newport, R. I., as late as IZII; 3. Bethiah,3 baptized Sept. 8, 1689; 4. Ruth,3 baptized Sept. 8, 1689.
BENJAMIN ORNE;3 cordwainer; married Elizabeth King Nov. 5, 1724; she was living in 1745, and he in 1756; children: I. Sarah,4 baptized March 13, 1743; married John Prisey; 2. Elizabeth,4 baptized March 13, 1743; mar- ried Edward Smith; 3. Benjamin,4 born Nov. 29, 1735; died Sept. 7, 1736; 4. Benjamin,4 baptized March 13, 1743. CAPT. TIMOTHY ORNE;" cordwainer, mariner and merchant; married Lois Pickering April 7, 1709; he died in the winter of 1752-3; she was his widow in 1763; children: I. Samuel,4 born Nov. 7, 1710; died March 7, 1710-1; 2. Lois, born March 16, 17II-2; married Thomas Lee; 3. Esther,4 born Jan. 18, 1714-5; married Samuel Gardner; 4. Timothy,4 born June 27, 1717; 5. Samuel,4 born Jan. 8, 1719-20; merchant; lived in Salem; died Sept. - , 1774, probably unmarried; 6. Mary,4 born Feb. 28, 1721-2; married Rev. James Diman; 7. Eunice,4 born Jan. 9, 1724-5; died Feb. 8, 1725; 8. John,4 born June 16, 1731; merchant and yeo- man; settled in Lynnfield in 1763; married Bridget - -; died Feb. II, 1785; she died, his widow, Oct. 27, 1826; had children. JOSIAH ORNE;3 cordwainer ; married Sarah Ingersoll Feb. I, 1710-I; died in 1751; children: I. Mary; died, unmarried, in the autumn of 1750; 2. Josiah .; 4 3. Jonathan;4 4. Anne,4 married Samuel Bacon.
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