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Full text of "The colonial laws of Massachusetts : reprinted from the edition of 1672, with the supplements through 1686 : containing also, a bibliographical preface and introduction, treating of all the printed laws from 1649 to 1686 : together with the Body of Liberties of 1641, and the records of the Court of Assistants, 1641-1644"

BOSTON 

PUBLIC 

LIBRARY 




TTTE 

colo:n^ial laws 



OF 



MASSACHUSETTS. 

llEinUNTED FROM THE EDITION OF 

1672, 

■fflTII THE SUri'LEMENTS THROUGH 108G. 



CONTAININ); ALSO, 



A BIELIOGEAPHICAL PREFACE AND INTRODUCTION, 

Trcatins: of all thv. l*riiittMl T^aws 
From 1(>4!) lo KiSO. 

TOGKTIIKK WITH 

THE EODY OF LIBERTIES OF 1G41, 



AND Tin: 



RECORDS OF THE COURT OF ASSISTANTS, 1641-1644. 

BY WILLIAM IL WIIITMOEE, UECORD COMMITS I OXIJJi. 



|3iil)Usf)rli iju ©rtci- of tijc (Citu (Council of Boston. 



Littleton, Colorado 
1995 



Library of Congress Cataloglng-ln-Publ Icatlon Data 



Massachusetts. 

[Laws, etc. (Colontal laws of Massachusetts)] 

The colontal laws of Massachusetts : reprinted from the edition of 
1672. with the supplements through 1686 : containing also, a 
bibliographical preface and Introduction, treating all the printed 
laws from 1649 to 1686 : together with the Body of Liberties of 
1641, and the records of the Court of Assistants, 1641-1644 / by 
Wt 111am H. Whitmore. 
p. cm. 

Originally published: Boston. 1890. 

Includes Indexes. 

ISBN 0-8377-2054-0 

1. Law — Massachusetts. I. Whitmore, William Henry, 1836-1900. 
II. Massachusetts. Court of Assistants. III. Massachusetts. Laws, 
etc. (Body of liberties). IV. Title.- 
KFM2430 1672 .A24 
348.744' 022— dc20 

[347.440822] 94-46406 

CIP 



Printed in United States of America 



Oct? at?/ ■f?£T 



The paper used in this publication meets the minimum 
ina] requirements of American National Standard for Information 
Sciences — Permanence of Paper for Printed Library Materials, 
ANSI Z39.48-1984. 



THE 

COLONIAL LAWS 



OF 



MASSACHUSETTS. 

REPRINTED FROM THE EDITION OF 

1672, 

WITH THE SUPPLEMENTS THROUGH KiSG. 

Costajnim; also, 

A BIBLIOGRAPHICAL PEEFACE AND LXTRODITTIOX, 

Treating of all the Printed Laws 
From l«4i> to 1086. 



TOGKTHKK WITH 



THE BODY OF LIBERTIES OF KUl. 



AMI riiK 



RECORDS OF THE COURT OF ASSISTANTS, 1G41-I(i44. 

BY WILLIAM H. WHITMORE, RECORD COjMMLSSIOXEh'. 



Publtsi)rt bs ©rtrr of tijc Citu (Council of Boston. 




BOS TO X.- 
ROCKWELL AND CHUUCIIILL, CITY PRINTERS. 

l.Si»0. 



TABLE OF CONTENTS. 



I'kkface .......... 

cohrections of massachusetts records, vols. i. asu ii. 
Records of Court of Assistants, 1641-1644 
Bibliographical Introductiox 

(COKTAINING ALSO, ThE BoDY OF LIBERTIES OF 1041) 

Index 

Special Introduction to Laws of 1672 

Laws of 1672 

Old Index thereto . 

Supplements, 1672-16X6 

Council Orders, 167.5-1685 

Xkw Index of Laws 



PAGES 
V-XVII 

xix-xxiv 

XXV-XLIII 

1-138 
29-68 
139-l.JO 

I -IX 

1-170 
171-11)7 
1 99-;i:J4 
335-355 
359-395 



PKKFACE. 



TiiK City of Boston has caused to be issued facsimile re- 
prints of the Colonial Laws of Massachusetts, of the two editions 
of 1(3(50 and 1(572. The reproduction of the edition of 1G72 was 
first made in 1887, and contained no Ijibliog'rapliical ]ii-eface; the 
reprint of the Laws of 1(3G0, made in 1889, contained an introduc- 
tion of 117 pages. As these two books are jirinted from electro- 
type plates, and may not improbably be re-issued from time to 
time, it has seemed best to recast the Introduction and make it 
apijlicable to either volume. 

Although the State has published the Records of the Massa- 
chusetts Colony from 1(529 to 1686, these do not supply the neces- 
sary information in regard to the laws. The entire code known 
as the Body of Liberties was enacted in 1641, but not entered on 
the Records. Again, in each Revision changes were made in 
codifying and condensing, and of course such revision superseded 
the older forms of the separate acts. Hence it is most desirable to 
have easy access to copies of the Laws of 16(50, jjecause from that 
date onward they embodied all the active general legislation. It 
must be conceded that any law of a general nature wliich was not 
included by Secretary Rawson and tlie committee in such codifi- 
cation, must be considered as repealed and null after that date. 

Owing to the scarcity of copies of the Laws of the Colony and 
Province, the Legislature, in 1812, appointed Nathan Dane, William 
Prescott, and Joseph Story a committee " at tlie exi)ense of the 
Commonwealth to collect the Cliai'ters and the ]>ublic and general 
Laws of the late Colony and Province of Massachusetts liay; 
and to add in an appendix any other docu- 
ments or laws whicli they may deem proper to explain the jurispru- 
dence of this Commonwealth." One thousand copies Avere issued at 
the public expense, and this is the volume so often quoted in deci- 
sions as " Ancient Charters and ( rcneral Laws." 

• Useful as this compilation has proved, it Avill be of necessity 



VI Preface. 

entirely superseded by recent publications. Tbe State has com- 
menced and utarly concluded the publication of all the General 
Laws of the Province from 1G92 to the Revolution, a work which 
is enriched with every kind of illustrative notes gathered by the 
industry of the indefatigable editor, A. C. Goodell. It has also 
published all of the Records of the Great and General Court and 
the Assistants, prior to 1686, carefully reproduced under the care 
of the late Dr. ]^. B. Shurtleff. Xow the City of Boston has 
supplemented these by these two volumes of Laws, viz., the Lib- 
erties of ](U1 and Revision of ]()()0, and the Revision of 1(572 and 
Supplements. 

The student will therefore have, in ])rint, everything which the 
Commissioners of 1812 had to use mainly in manuscript. One 
suggestion indeed is made with the utmost diffidence by the present 
editor. In the Preface to Ancient Charters the editors say: "A 
number of colony acts of importance, especially in a historical view 
of our laws, have been found in the original recoids, not included 
in the edition of 1()72; these have been selected and printed in this 
volume wherever found to have remained a material part of the 
colonial system." 

In other words, the committee of 1812 did not leprint either the 
edition of Laws of 1(560 or of 1(572 complete, but they made a new 
compilation with to new arrangement of chapters, and inserted such 
genei-al laws, evidently, as they considered " to have remained a 
material part of the colonial system." 

With the utmost deference to the honored memoiy of Dane, 
Prescott, and Story^ it is certain that we now know much more of 
the history of Massachusetts as a colony than Avas known in 1812. 
Such antiquaries as Farmer, Savage, Winthroj), Palfrey, Trumbull, 
Dexter, and Ellis, with the innumerable lesser historians, have added 
immensely to the true knowledge of the events of that period. 
Hence it may not be j)resumptuous to suggest that the selections 
made in 1812, even by such eminent lawy^ers, were not always wise, 
and l)y no means complete.' 



'One instance may lie cited. Tlie jirescnt cilitor, after tlie Laws of IfiTl' was issucil, re- 
ceiveil an in(|uiry ficini a prominent lawyer, a^kinj; for the reason for the omission of Section 19 of 
Chapter Will., of Ancient Charters. It will lie founil therein on p. (11, and refers to the punish- 
ment for Blaspliemy. Now, it will he fotmcl that in 1G41, Lihcrty No. 04, § 3, giive the first simple 
act pnnishiiii; hlasphemy In HiUi (liecords, II., 170-177), this Section 19 was i)asseil as printed. 
IJut in 1000 (and presnmahly in IC.llM, the Kevised Statutes cut down the act to the form printed 
as Section 3 of this very chapter in .Vnc. Char., p. 58. The editors in 1S13 reprinted the first 
Act of 1040 as well as the revised form, hut surely thereby they darkened counsel instead of aiding 
the student, who would suppose this §19 to be a diflerent and continuing statute. — W. H. W. 



Pre f (tee. VII 

During the past year the City of Boston has obtained Ibi- its 
PnbHc Library tlie famous nianuseript duplieate of the i-eeords 
of the Massachusetts General Court, fonnei'ly owned by Gov. 
Hutchinson, hiter by Col. Thomas Aspinwall, and last by Hon. 
Samuel L. 'SI. Barlow of Xew York city. Tliis acquisition has 
revived an interest in the question of the method in which our 
early official records of the legislature wei-e kept, and especially 
in the matter of the literary importance of this manuscript. 

This coj)}^ is a manuscript of J{l:3 i>agcs, beautifully written, 
the first 224 ])ages being- in the Avell-known hand-writing of 
Thomas Lechford. As he left Boston August 3, 1641, the date of 
this portion is settled approximatel3\ The manuscript begins thus: 
"A true copie of the Court booke of the Governor and Society of 
the Massachusetts Bay in Xew Elnglaud." It is therefore avowedly 
a copy, not a duplicate original, and its great value lies in the fact 
that it is a wonderfully exact cop}^, so that it can be safely taken 
as an authority for all such passages as are missing or illegil)le in 
the original record now at the State House. 

The Records i)reserved in the State House, and ])riute(l by 
Dr. Shurtleff, are contained in five volumes, but it should be noted 
that the third volume, as numbered and printed, is not part of the 
series. The periods covered b}- each, are: 

Vol. I. March, 1028-9 to Dec. 10, Kill. 

II. May 18, 1(342 to Oct. 17, Kili). 
f ly. pt. 1, May 22, 1().")0 to Dec. 1<>, 1(J()(). 

\ IV. pt. 2, May 22, 1(301 to March 11, 1(;7:{-1. 

V. May 27, 1074 to May 20, 1(38(5. 

These volumes ccmtaiu tlie i-ecord of \\w Company of the 
Massachusetts Bay previous to the removal to Xew England, be- 
ginning in February, l()28-{). The entries contiiuie along to a 
meeting at Southampton, Eng., Maich 18, l(32;)-;)0, then a Court 
of Assistants a])oard the Arbella, Mai-ch 2:5, l()29-:>0, and next 
"the first Coui't of Assistants, held at (Jharltou | /.r. Charlestown], 
August 23, l(3;iO.'" From tliat date the record was presumably 
complete. Volume 1 contains records of the General Court and 
also of the Court of Assistants, but none of the later vf)lumes 
record the proceedings of the Assistants. 

There is no reason to doubt that these volumes were kept 
officially by the Secretaries, with some clerical aid duly noted by 
Dr. ShurtlefF, and especially by Increase Xowell as to volumes 1 
and 2, and by Edward Kawson as to ^'o]umes 4 and .3. AV^e have 



vin Preface. 

a vei-}' clear statement as to the shape of our records in the letter 
of Joseph Hills, datetl in 1682, hereinafter printed, (Introduction, 
p. 127). He says that in pre])ai-ing for the printed Code of 1649 he 
consulted, ''Uhe two old books of records, the book of liberties, and 
the i>rcat book then and since in the hands of Mr. Kawson." This 
seems to bo an exact description, leaving out the lost manuscript 
Book of Libertii'S, of the existing records, vols. I. and 11., pp. 312 
and 217, respectively, and the great volume IV., of 736 2)age8. 

So again in ]().")2 it ai)iK'ars that there were "two old books of 
records belonging to the General Court" as the following order 
testifies : * — 

" Furiisiiiiicli as tlicir aiv two old bookcs of Ivi'cords belonging to the Ge- 
nerull court wlicrin are many Tliing>i involved which are of great eonccrnnient 
as well a* in liights and bounds of Lands as other material things ; which bookes 
are deeaid and very rniethodieall. as Well in finding out any Record, as allso 
in Severall cireuinstantiall ei'rors in entreing Sonic of the orders ; for Kegnlating 
whereof. 

This Court orders that a <'(>mmitte be appointed in tlie vacancy of the court 
to overlooke those two l)ook> of Ivecords atl'orsaid, and to correct all such cir- 
cunistantiall errors in woiils in them contained, but not to alter anything for 
substanc and matter ; and after the said books be viued and Corrected as before, 
then the Secrctai-y is to take care that the said bookes bee truly transcribed into 
new books of Good iia|ier, well bound, and covered with vclume or parchment, 
and margiiiall abreviats of each onler colected, an alphebeticall talilc affixed for 
finding out of all orders therein, and all due chardge for transcri|ition of the 
said bookes be duly paid luito tlie Secretary by the countrv. 

Tiie .Magistrates have past this with reference to the consent of oiu- brethren, 
the 1 )cputies. 

Jo. EXDECOTT, Gov'." 

"The Deputies thiiike meete a Comittce siiall examine all the records that 
are not extracted, alibrexiated. or conn)0sed into the bookes of the pi'inted lawes. 
and shall make amendment of all circinnstantial errors witiiout altering the 
sul)stan<'C, and jiresent the same to tlie next sessions of court which may take 
care of the transcril)ing them ; and Mr. Hill. ('apt. Johnson and the Secretary 
are desired to Joyiic with some of the magistrates as a comittce for that end. 

"Wm. Toui:ev, Cleric." 

"Tlie ^lagistrates iiave voteil Mr. ]>ellingliaiii and ^fr. Gio\er to Joyne 
with the Comitee of the Iiretliren the Deputies to serve in tiic courte of election. 

Ei>WAi:i) R\ws(iN. Secret." 
"Consented to by tlie Deputyes, 

Wm. Toiikey, Cleric." 



* r iim liTcatlv iTidi'litoiI to iiiv fiifrid. Mr. A. ('. Oooili'll. jr.. wlui kindly called my attoii- 
lioti to tlu' aliu\i' iiii|n)ftaiit tirdrr m Iiicli is iiresorA't'd in Mass. Archivos, Vol. S8, page ;iSfi. 



Preface. IX 

As to the occasion for which Lechford's copy was made, 
nothing certain is known. We may say however that it would be 
strange if no duphcate had been made, especially Avhen there was 
in Boston such an admirable scrivener, already employed in similar 
Avork, and starving for lack of it. I agree with those Avho think 
that the following entry in Lechford's Xote Book (printed p. 256) 
refers to this copy. It seems to bear date in June, 1640. 

" The Court booke at 16 d a sheete, 102 sheetos for Mr Ende- 
cott, coracth to £'6. IGs." Following this is an entry in short-hand, 
which as read by Mr. Upham, is as follows : " Money received upon 
my book as appeareth 38£, d>s, 5d, or thereabouts, beside the debts 
owing were 8£, 18s lOd. Cast 2, (o). 1640." 

It is simply incredible that Lechford should have made a sec- 
ond copy of this large manusci'ipt without an order, or that he 
should have omitted to record it in his Xote-Book. Circumstantial 
evidence is also very strong to prove the identity of the Eudecott 
copy with this Barlow one. The 102 " sheets " doubtless mean 
leaves, or 201 pages. In the Bailow copy page 204, the upper 
half, ends Avith the record of a Quarter Court, 2d day, 4th mo., 
1640. This is the month Avhen Lechford enters his charge against 
Eudecott. Then there is a break in the transcribing for seA^eral 
months, as Avill be shoAvn. Lechford resumes his Avork Avith a ncAV 
ink, finishes the last thi-ee lines of that Quarter Court recni-d, and 
adds the Assistants' Court of 31st, 5th mo. 1640, on p. 204. Then, 
pp. 205-214 are covei-ed by him, the last entrj^ being the Court of 
28th. 11th mo. 1640, or February, 1641, modern style. lie adds 
pp. 215-221, Avith miscellaneous papers. 

Mr. LTpham points out that not only Avas the ink changed, ])ut 
a noticeable change in penmanship occurs, on ]). 204. Up to that 
point Lechford made his letters "f " and long "s" with a straight 
line to the bottom. He uses the same forms in his Xote-Book; 
but in this latter book betAveen the 12th and 14th March, 1640—41, 

Althouali it has all the marks of an order duly passed by both branches of the Lejiishiture, it will 
not be found in tlie printed journals. 

The date must be Ujj2, since tliat is the only year sjiving us tlie necessary coinciilence of 
Bellinjbam and Glover as masi'tratcs. Glover served onh- in li;.")2 and IG.'i.'i, but in the latter 
year Bellingliam was deputy-Ciovernor. and ever afterwards till liiiU. except in lli.'il wlien he was 
governor. I feci sure that with the care taken in bestowing honorary titles at that date, Belling- 
ham would not have been termed simply a magistrate when he was deputy-governor. 

This order probably was acted upon, and the report, as amended by the Deputies, was, I 
presume, presented to the Court in 1053, which "took care of the transcribing " by passing the 
order of Sept. 10, 105;?, printed by me, post, p. IIG. 

The phrase which occurs in this order of IG.j2, " records that are not extracted, abbreviated 
or composed into the books of the printed /a us." may perhaps be cited as an additional i)roof that 
at that date there were two printed book* of the laws, viz. the Code of 1G19 and the supplement 
of 1650, as discussed by me, post. p. 80. — W. H. AV. 



X Preface. 

he adopted the style of a round looped bottom to these two letters, 
and so continues to the end. Hence the last ten jjages written by 
Lechford were written between March and August, 1641, and pre- 
sumably very soon after tlie date of the session of the last Court 
(Feb., 1611), entei'cd by him. This would entirely agree with the 
theory that tliis copy is Endicott's, completed first to June. 1640, 
and then added to in March or April, 1641, prior to Lechford's 
departure. 

Alter Lechford had finished, the work Avas continued by two 
or three other Avriters. It is useless to go into the details here, 
but the copy of the oificial record is made with similar accuracy 
through p. 313, being the Court of Elections, 14th, 3d mo., 1645. 
This copy also contains the records of the Court of Assistants from 
Oct. 28th, 1641 to March a, 1643—4, which are wantinrj in the official 
journals preserved at the State House and printed by Shurtletf. 

Little is known as to the subsequent ownership of this manu- 
scrijit after Gov. Endicott received it. The following memoran- 
dum was written by Gov. Thomas Hutchinson on a fly-leaf of the 
book : — 

" Tliis book belonged to Edward Htitclilnson of Boston who being em- 
ployed by the Government to enter upon a Treaty witli a Tribe of Indians in 
1075 Avas treacherously waylaid and mortally wounded by them and died and 
lies buried in the town of ^Marlborough, the first English settlement to which he 
could be carried. In the year 176'J an old man of the name of Rice died in 
MurJhoroKiih (Worcester), who was present and perfectly remembered having 
seen Mr. Ilutciiinson brouglit into Marlboro'. Kice died at the age of l(i2. 
Edward Hutchinson received the freedom of the Colony in 1()34, Sept 3' (see 
p. cSl), and ^Ir A\'illiam Ilutchiuson, his father, received his the 4'" of ^Slarch 
following, p. 82." 

We know of notlung to explain the ownership by Capt. 
Edward Hutchinson, whose only civil office was that of repre- 
sentative in 16.j8, front Boston, and who was not connected with 
Endicott by blood or marriage. We do know that Edward's son, 
Elisha Hutchinson, Avas greatly interested in the records, and in 
1680 was on the committee for reprinting the laws. His priceless 
collation of the Code of 1672. Avith its Supplements, and his manu- 
scrii>t copy of the Body of Liberties, are now in the Boston 
Athen;eum. 

Tlicre is a remarkable coincidence between the time covered 
by the BarioAV manuscript and the third volume of Records printed 
by ShurtlefT. That volume, as already stated, contains only the 



Preface. Xi 

proceeding:s of the Deputies, from litli, 3d mo. IGiS through May 
6, 1G57. It seems to stand alone, without a predecessor or suc- 
cessor, for though ShurtlefF writes (preface, p. vi) "it is evident 
that the popular branch of the Colonial Legislature continued a 
record of its proceedings until the time the Colony Charter was 
vacated," (i. e. 1(380), he adds "no copy of those valuable volumes 
can be found in the archives of the Commonwealth extending be- 
yond the period embraced in these pages, nor are any positively 
liuown to exist any where else." I am unaware of the grounds of 
Shurtleff 's belief that other volumes once existed, but ]Mr. Goodell 
is confident that he has met with references thereto. The accounts 
of the fire at the State House, in 1747, declare that many unspeci- 
fied records were then destroyed. 

I am unable thus far to find any order for the jireparation of 
this third volume. In March, 1G43-4, the fjimous vote was passed 
by which the separate sessions of the two branches was ordered; 
but this Aolume does not begin at that date. 

The regular pagination of this Volume III. begins with the 
session of May 14, 1G45. On p. 21 (Records, iii. p. 28), it is 
entered under date of June 18, 1645, that " Edward Rawsou is 
chosen and appointed clei-k to the House of Deputies for one 
whole year, to enter all votes passed in both houses, and those 
also passed only by them, into their book of recoi-ds." Again, 
JS^ovember 4, 1G46 (Records, iii. p. 83), " it is ordered that Edward 
Rawson shall have twenty marks allowed him for his pains, out of 
the next levy, as Secretary to the House of Deputies for two j^ears 
past." This last entry is probably intended to go back only to 
May, 1G45, because the earlier manusciipt, for part of 1G44, is not 
in Rawson's Avriting but in that of Capt. Robert Bridges of Lynn, 
one of the deputies. In fact, November 7, 1G46 (Records, iii. 78), 
at the beginning, it is stated that Capt. Robert Keayne was chosen 
" Speaker for the first day of sitting, and Capt. Robert Bridges 
Avas chosen secretary for the first day of sitting " ; and then 
Bridges was chosen Speaker for the whole session. 

A careful examination of the volume shows that it was bound 
in June, 1781, according to a memorandum at the end; that Raw- 
son's part begins with the Court of May, lG4o: and that the few 
pages dated in 1G44, written by Bridges, Avere no part of the origi- 
nal record. Of course the record of the first year may have been 
lost, since it is most reasonable to presume that a deliberative body 
Avould keep an exact journal from its organization. 

If hoAvever the Deputies had acquired the Endicott manu- 



xir Preface. 

script, they would have had in the custody of their Clerk, a 
transcript of all the records as complete as that in charge of 
the Secretary for the JMagisti-ates. 

That there was at first some lack of formality in keeping the 
House Journals, may be inferred from the order of October 18, 
1(J4S (^jpost, p. 78), which provides that "as thei'c is a Secretary 

amongst the Magistrates " "so there shall be a Clerk 

amongst the Deputies to be chosen by them from time to time." 
The duties of the Clerk Avere very fully set forth in the act, and it 
must be presumed that Rawson attended to the chief part of his 
duties, namely the special record of the proceedings of the Depu- 
ties, although he Avas evidently remiss in the preparation of the 
"Deputies' book of copies of record." 

Shurtleff notes (Kec. iii. 105) that William Torrey, who was a 
Dejnity in ]648 and 1649, wrote pp. 107-110, of the proceedings of 
2(5 ^Ma}^ 1647, and that up to p. 253, Avhen Torrey was chosen Clerk 
(May 22, 1650), he sui)plied many pages of the record Avhich 
RaAvson was prcsmned to prepare as Clerk. Very probably as 
Rawson Avas at this latter date promoted to the office of Secretary 
in place of Increase KoavcII, the pressure of his ncAV duties Avill ac- 
count Ibr the iri'cgularities in the Deputies' books and papers. It 
is Avorth noticing that William Tori'eyAvas Clerk to the last; and in 
1650 (Records, iv. part 1, p. 33), Oct. 33, 1650, Torrey Avas granted 
State Island " in consideration of his entering the orders of Court 
foi- tAvo or three Courts, not yet entered in the Deputies book, so 
as he do it in one year next coming, and perfect the book as far as 
he can." But Xov. 12, 1659 (Records, iv. part 1, ji. 407), the island 
was confirmed to him on the conditions of the old grant, " he hav- 
ing now ])erfected the Deputies ])ook of copies of record,-;."' 

The reader can draw his own inlei'cnces from the folloAving 
vote of May 15, 1672 (Records, iv. part 2, p. 509) : — 

" Tliis Court tlotli order, tliat all records of tliis Court and of tlic Council, 
from tlie first bcginningj tliereof, be fairly transcribed in a legible liand, so as 
tiiere may be a fixir cojiy tliereof besides the original, tiiat in case of fire or otiicr 
accidi'nt tiie coimtry may not suffer so great a damage as the loss of their 
records woukl be ; and tiie Treasurer [Russell] and Secretary [Kawson] arc 
ordered to procure tiie same to \w done timely and on as reasonable terms as 
they can ; and tlie comparers (wiio shall be appointed by this Court) shall, upon 
their oaths, declare the copy transcribed to be a true copy." 

GoA\ Hutchinson claims that the BarloAV manuscript belonged 
to his "i-eat-u'randfather Edward Hutchinson Avho Avas killed in 



Preface. xiii 

107;"). If SO, it probabl}* descondcd to Elislia Ilutcliinson and 
thence to his grandson, Thomas. It is supposed that Col. Aspin- 
wall bought this manuscript in Enghmd. 

This priceless manuscri2)t has been carefully examined by Wil- 
liam P. Upham, Esq., who reports that in many places it completes 
the deficiencies of the printed text, and that a critical collation of 
the two is very desirable. It supplies also ten pages to \o\. I. and 
two pages to Vol. II., as Shurtleif notes iyi his second edition. (See 
]wst, p. XIV.) It also adds the records of the Court of Assistants 
for some three years, new and valuable information nowhere else 
extant.* 

In the reprint of the Laws of 1660, I reproduced the pages 
from Shurtleff's second edition Avhicji shoAved the additions from 
the Barlow manuscript to p. 346 of Volume I., and pp. xiv, xv 
and xvi, of Volume II.; the earlier part covering ten pages relating 
to proceedings in England did not seem of sufficient importance to 
be reprinted herein. See post, pp. xix-xxiv. I now add to this 
edition the pages which contain the records of the Court of Assist- 
ants, so fortunately recovered, j^o*-^, pp. xxv-XLiir. 



For a full understanding of the subject, I also reproduce a 
portion of my former Preface, explaining the state of the pi-inted 
editions issued by the Commonwealth under Dr. Shurtleif 's super- 
vision. 

In 1853 (Resolves, chap. 63) the Governor was directed to 
have printed one hundred copies of the first two volumes of the 
Genei-al Court's Records. By chap. 5 of Resolves of ]854, eleven 
hundred more copies were ordered, and twelve hundred copies of 
Yolumes III., lY., and Y. The work was done under the super- 
vision of the late Dr. X. B. ShurtlefF, the first two volumes bearini-- 
the imprint 1853, and the others that of 1851. 

In 1855 (Resolves, chap. 19) the Governor was directed to 
have printed five hundred additional copies of the first volumes of 
said Records. 

In 1856 (Resolves, chap. 9) the Secretary Avas empowered to 
allow the State printer to i)ublish an edition for public sale, as a 
private enterprise, the permission being for three years from June 
4th. (Resolves, chap. 87, 1856.) 

* Tlie careful Catalogue of the Keconls of the Supreme Court, piepared by the Cleric and 
issued in Au};ust, ISOO, shows that he has the custoily of the " Seeond I'.ook of Records of the 
Court of Assistants, begun March ?., 107:1," continued throudi April. ItisO. suspended till T)ec. 
24,.108'J, and then contiuued into IG'J'2. The first book seems to be utterly lost. — AV. H. W. 



XIV Preface. 

In the "Boston Daily Advertiser" for March 6, 1865, Dr. 
Shurtleff puljlishcd a letter in regard to certain changes made by 
him in the stereotype plates after the first edition was issued. The 
following extracts cover the main point: — 

"Soon after the issue of the edition ordered by the Legislature 
in IS.Io, my excellent friend, Col. Thomas Aspinwall, came back to 
:ii.s American home, bringing, with his historical treasures collected 
duiing a long residence in London, a manuscript copy of the 
first volume of the old records, and of a portion of the second 
volume, extending, I think, to the year 1G4G. This manuscript 
coutaincd a large portion of the lost records, namely, a ])ortion of 
the i)roceedings of the 23(1 of Mai-ch, 1G28-9, the proceedings of 
the 30th March, 2d, Gth, 8th, 13th, IGth, 27th, and 30th of April, 
1629, and also portions of the proceedings of the 10th of December, 
1G41 (l>eing pnrt of Volume I.), and the commencement of the 
record of the General Court of Elections, commencing on the 13th 
of ]May, 1G12, being the beginning of Volume II." 

" Fortunately the succeeding Legislature passed an order for 
the issue of another edition of Volumes I. and II.; and, conse- 
quently, an oppoilunity was atfoi-ded fi)r completing the printed 
volumes of records from the material fui-nished so opportunely by 
Colonel Aspinwall's copy. Tlie steitotype plates wtre revised, and 
the lost 2>art'i of the original records were artistically supplied, so 
that the second impression from the stereotype plates contains all 
that exists of the old colonial I'ccoi'ds of ^Massachusetts." 

It appears that the changes made in the stereotype plates after 
the first edition was printed were as follows: In Volume I. ten 
pages were insei-ted, marked 37 a to 37ji', inclusive, and on p. olG 
enougii Mas added to complete that page. In Volume II. (which 
begins, in the first edition, with p. 3), two whole pages were 
insei-ted, numbered 1 and 2, and the fii-st half of page 3. The former 
])age 3 was cancelled, the two bottom lines (concerning one 
Gregory 1'aylor) being carried over to l)age 4, and the spaces on 
l)age -i being readjusted, so that i)age 4 ends alilce in both editions. 

I believe that I am correct in saying that no change was made 
in the title-pages to this second edition of Volumes I. and II., that 
no notice was given of the corrections and additions (except a short 
note on p. 344 of Volume I.), and that no alterations were made in 
the Index of either volume. 

As to the additions made in the first volume, their value is 
merely antiquarian. But the pages added in the second volume 
contain the organization of the government for 1612, an order 
about votes in the General Court, and a law respecting constables, 



Preface. XV 

(which is in the Code of 1660, the first clause of section 2, and not 
cited in the margin as passed in 1642, the whole section being 
referred to Anno 164:6). There are also two laws, one relating to 
the pay of the Elders when employed by the General Court, and 
the other empowering any Court having two magistrates to admit 
church members to be freemen: both laws copied into the Code of 
1660. 

For these two laws I spent many hours in fruitless search, till 
I learned the fact of there being two editions. In the lack of 
any definite information of the number of copies printed by the 
State printer under his license, I conclude that fully two-thirds of 
the copies of the first two volumes of the Records now in circula- 
tion and use are defective. The stereotype plates of these books 
were destroyed in the great fire in Boston in 1872, and I have 
therefore reproduced the four pages, one (p. 346) of Volume I., and 
three pages of Volume II., in order that any one who wishes to 
verify my citations, and who is unfortunately the owner of the first 
edition only, may have the full copy before him. 

It is useless to criticise Dr. ShurtlefTs peculiar method of 
altering the plates of such an important book. Any one taking up 
a copy of State Records issued by authorit}' of the Legislature 
naturally relies upon its entire accuracy. I am sorry to say that 
this reliance is misplaced in many small matters of textual correct- 
ness, as I have discovered ; but the fact that thi-ee oi- four pages of 
proceedings are to be found in one edition, and not in another, is 
one which calls for the greatest publicity. I fear that many of the 
highly valued copies of the first edition were placed in public 
libraries, and are the only ones accessible to many students. 

The legislation of the Andros or Inter-Charter period remains 
still in manuscript, and deserves to be printed as the only missing 
link in the chain of entire continuity from A.D. 1629 to the present 
time. 



As this Preface and Introduction is intended to serve here- 
after for any reprint of either the edition of 1660 or that of 1672, 
I Avould note that the bibliographical information in regard to the 
edition of 1672 is contained in the special Introduction to that vol- 
ume. The reprint of the edition of 1660 consists of two impres- 
sions, each of some 400 copies. The copy used for the text was 
that preserved in the State Library, and the supplements were 
copied from the beautiful volume formerly owned by Secretary 
Edward Rawson, now in tlie library of the American Antiquarian 



XVI , Preface. 

Society at Worcester. Later on, my attention was called to a copy 
formerly owned by Judge Story, now in the Law Library of Har- 
vard University. Although it lacked some of the Supplements, it 
contained those for 1G68 and 16G9 com2)lete. I was thus enabled 
in the second impression to add nine pages, besides perfecting two 
others, and it is hoped that the Supjolements are now complete. 
Exti'a cojiies of these added jisg'es were furnished to those having' 
the first impression only. 

I have devoted much time to the Body of Liberties, as it has 
hitherto not received the recognition to which its importance en- 
titles it. This Code was first rediscovered by the late Francis 
Galley Gray, and printed by him in ISiS. But being- published 
onl}^ in a volume of the Gollections of the Massachusetts Histori- 
cal Society, a knowledge of it has been confined to very few per- 
sons. I have merely followed out Mr. Gray's line of unanswerable 
arguments proving the certainty of the identification of his copy 
of this Gode, but I have added a Table of Contents, Lidex, and 
Xotes, which may assist the student in using it. 

The reprints have been made by the Photo-electrotype proc- 
ess, Avhich has proved to be peculiarly adapted to such work. The 
Indexes to both volumes were prepared by Frederick E. Goodrich, 
Esq. 

It is reasonable to think that the ground covered by these two 
volumes is now completely covered, even should some fortunate 
chance restore to us a copy of the edition of 1649. But there is 
room, and almost a necessity', for some qualified person to work up 
this material into a concise and well-digested history of the juris- 
prudence of Massachusetts. A thorough consideration of the 
Body of Liberties will prove that our ancestors were far more 
enlightened than their English contemporaries, and that the 
influence which they sent foi'th has continued to affect most 
powerfully our laws, customs, and thoughts to the present time. 

Especially to be foi-ever remembered, for their j^ious care and 
intuitive perception of the value of these i-ecoi"ds, are Edward 
Kawson, Elisha Hutchinson, and Francis Galley Gray. 



The Litroduction is a recasting and amplification of that pre- 
fixed to the reprint of the Laws of IGGO. Considerable new and 
important matter has been incorporated therein, and I trust that 
the whole is now placed in a more symmetrical and convincing 



Preface. xvir 

form. The first edition of any essay ujion a new topic must be 
imperfect, and publicity must tend to correction and improvement. 
I venture to hope that the public interest in these matters created 
by the publication of these two reprints, bore fruit in the munifi- 
cent appropriation by which the Trustees of our Public Library 
were enabled to purchase the Barlow manuscript together with so 
many other literary treasures. 

William H. Whitmore. 

CiTv IIali,, Bostom, Sept. 26th, 1S90. 



XIX 



ADDITIONS MADE IN THE SECOND PRINTED 

EDITION OF THE EECOEDS OF 

MASSACHUSETTS, 

AND NOT TO BE FOUND IN THE FIRST EDITIONS. 



[P. XXI. IS p. 34G OF Volume I.J 

[Pp. XXII. -XXIV. ARE THE BEGIN.NIXO OF VoLU.ME 11. 



Preface. XXI 

THE RECORDS OF THE COLON T. 345 

^I" ^laig' Winthrope hath her 3000 acres of land formerly granted her, 1 G 4 1 . 
to bee assigned about the lower end of Concord liNver, near Merrimack, to ' ■< '-' 
bee laydc out by "W Flint & Lcifl Willard, m''' M'' Oliver, or some other ., J""''^'^' 
skilful! in measuring, so as it may not hinder a plantation ; & any pt thereof 3000 ace. 
they may purchase of any Indians that have right to it./ 

Upon the petition of M'' WilH : Tynge, it was ordered, that M"' Barthol- 
omew, George Giddings, & John Whipple should set a dewe valuation upon 
the house <& ground W^"" WiUi : Whitrcd did cffeofe to M'' Tyng aforenamed./ 

It was ordered, that Sara, the late wife of James Hubberd, should have 
fourty pound of the estate of her said late husband, & the use of the chil- 
drens stock till they come to the ages mentioned in the will, & then the eldest 
Sonne./ 

At this Court, the bodye of laucs formerly 
sent forth amonge the fTrcemcu, (j?, 
was voted to stand in force, fV3./ 

[The last paragraph is in the handnTiting of Governor Winthrop. The following is rc-torcd from 
an early copy of the records in the possession of Tlionias Aspinwall, Esq.] 

M' Atherton Hoffe is grauntcd foure hundied acres of land in regard of '^'' HoTcs 

400 ttcrcs. 

fiftie pounds disburssed in the ioint stockc. 

M'' Davies was denied Tibcrtie to sell diinke, or ale, or to keepe a cookes ^^" Davies. 
shopp, because there are others sufficient in the towne of Boston, and his 
carriage hath bin formerlie ofTensiuc. 

JI" Dunster is graunted hii- farmc with the bondarles from Sudbiuic *'' Dunsier 
bounds, a strai'e line running south easterlic and north westcrlie to the great 
pound over against that place, where the river issucth outt of itt on the other 
side, the line cutting y' said pond over unto the said issue, then following the 
streames vnto the place wjicre Siidburic cuttoth againe the river, & soe alon" 
by the river within Sudbujie line, as itt is agreed betweene the towne of Sud- 
buric and hir : the line lying in forme is described in the plott subscribed by 
M' ThoiTi Fhntt & Thorn Mayhcwc. 

M' Samuell Maverickc is remitted 40'' of his fine of 100'', formerlie sett M'Sam: Mav- 
vpon Irim, if hoe pay y^ remaining GO'' in due valuation. "J*^^ 

M'' Mayhewc his accounts were referred to tlio Trcasuro'' & M'' Duncum ■ 
& for the bridge by the mill over the Charles River, the Co't doth concciue 
itt to belong to the towne or townes in w"^"" jtt lyeth. 

Thomas Bartlett is appointed leivetenant & Hugh Mason ensigne to W'i'">fy 
Captaine Jeanison, Watertou. 



xxu 



Preface. 



MASSACHUSETTS RECORDS. 



THE RECORDS OF THE COLONY OF THE MASSACHUSETTS 
BAY IN NEW ENGLAND. 

[The manuscript of the second Tolume of the Massachusetts Colony Records commences on the third 
page, at the place indicated by an asterisk. The first portion of the volume is lost, and the first eighteen 
pages of what remaiiiS arc in a verj' decayed condition. By the aid of ancient transcripts of the volume, 
made apparently very early, and by a duplicate leaf m the handwriting of the Secretary who wrote the 
volume, the decayed portions have been restored. The volume is mainly in the chiiography of Secretary 
NowcU, although occasionally passages, and sometimes pages, are in that of Ml. Edward Kawson, who 
succeeded Mr. Nowell as Secretary in 1650.] 

1642. [The Qenerall Court of Elections, the IS"* Day of tf a' Mon'^, 1642. 

18 May. 



Govenf 

Dep. 0. 
AssistaDtn. 



Present, The Govemo"", 

The Dep''^ Govenio'', 
M' Dudley, 
M' Bellingham, 
M' Saltonstall, 



M'' Bradstreet, 
M' Staughton, 
M' Flintt, 
M' Increase NowelL 



W" Hilton, 
W"" Walderne, 
W" Hayward, 
John Saunders, 
Edward Rawson, 
Matthew Boyse, 
Maximi: Jewett, 
M"' Sam: Sunonds, 
John Whipple, 
M^ Ema: Downing, 
Edm: Batter, 
Ed.v: Hollioke, 



Deputies psent : 

Robert Bridges, 
M'' W"" Ting, 
Capt Edw: Gibbons, 
Ralph SpraguCi 
Thomas Line, 
Capt Geo: Cooke, 
M'' Nat: Sparhawke, 
Cap? W" Jeanlson, 
M'' Simon Evres, 
Symon Willard, 
Peter, Noyse, 
Edw: Allen, 



Elea: Lusher, 
W'^ Heath, 
W" Parkes, 
M' John Glover, 
M' Nat: Duncum, 
Alex: Winchester, 
W" Cheesborough, 
James Parker, 
Edw: Bates, 
Jos: Pecke, 
Edm: Hubberd. 



JOHN WINTHROPP, Esq"", was chosen Governo' for this yeare and till 
new bee chosen, and tooke his oath. 

John Endicott, Esq , was chosen Dep"'' Governo'', & tooke his oath. 
Thorn; Dudley, Esq', was chosen an Assistant, & tooke his oathe. 
Rich: Bellingham, Esq', was chosen an Assistant, & tooke his oath. 
VOL. II. 1 (I) 



Preface. XXIII 

THE RECORDS OF THE COLONY OF 

Rich: Saltonstall, Esq', was chosen an Assistant, & tooke' his oath. 1 P 4 2 

M' Symon Bradstreet was chosen an Assistant, & tookc his oath. *— > — — ' 

M' Increase Nowell was chosen an Assistant, & tookc his oath. 18 May. 

M' Israeli Staughton was chosen an Assistant, & tooke his oath. 
M' John Winthrop was chosen an Assistant. 
M' W™ Pinchen was chosen an Assistant, and tooke his oath. 
M' Thomas Flintt was chosen an Assistant, and tooke his oath. 
M? Tyng was chosen Treasuier. Tresurer. 

It was ordered that a warrant should bee sentt to Salem for a new election ueputye. 
of a new deputie to be ioined with !M' Downing, because the Coiut is doubt- 
full of y' choyse, & M' Edmund Batter Avas sent. 

M' Staughton & M' Ting, Treasuro', were appointed a coiuittee to advise 
Goodman Johnson aboutt y* ainunitiou. 

An order was made for the ^ssing 4 horses, to goe w"* M' Collecott and PressinReof 
his companie (if they cannot hire w"'out pssing) to helpe them to carric neces- •""ses. 
saries to run the south line. 

Cape Anne is to bee called Gloscester ; John Sadler is chosen constable cioster. 
thereof, and tooke his oath. 

John Sadler had coinission to traine the men att Gloscester. 
Obadiah Brewen is appointed Siu-veyer of y' Amies att Gloscester. 
George Norten is appointed to keepe au ordinarie* att Gloscester. 
Richard Gibson was comitted to the marshall for his seditious practises, Gibson. 
& vpon his submission «& acknowlegement of his fault vnder his liaud hce was 
dismissed with an admonition, 

Watertowne delivering in a transcript of thier lands, nott being perfect Waterton. 
was lent them backe againe. 

Leivetenant Symon Willard & Edward Converse are ajipointed to view Shawsin. 
Shawshins, & to certifie whether the land that is free bee fitt for a village or nott. 

Goodman John Johnson had order to lend six carabines to M^ Collecott South line. 
& his companie w'*" are to run the south line. 

Itt was ordered, that the Treasuro' should defray the charges of the ciders, 487- • 
when they are imployed vpon anie speclall order from the General Co't Charges. 

The lawes were read over the 20"' of the 3^ month. 23 May. 

John Pemberton was bound in 20" to appeare att the nextt Court att ^^^''^' 

T • 1 Pembleton. 

Ipswich. 

The order for hempe & flax seed to passe att twelve shillings the bushel 1 488- 
is repealed. Fiaxcsced, 

12' bush. 

The orders for restraint of wheat are repealed. Rcpeaie. 

• There is power given to eyerie Co-'t w'"in o^ jurisdiction y' hath two *^^~ 

•' Freemen, 

admission. 



XXIV Preface. 

3 THE MASSACHUSETTS BAY IN NEW ENGLAND. 

1 G42. J^'igistrates to admitt anie church members that are fitt to bee free, & to give 

>- — , ' them the freemens oath, & to certifie thier names to the .Secretarie att the 

20 M.y. next Generall Courtt. 

49()_ The order formerlie made for writeing things before they bee voted, is 

Votes in declared nott to concemc matter of forme, butt to bee meant of things that 

Courts. ° 

Repeals. *^'^ '•° ^^^ matters of record. 

White. Phillip White, for drunkenesse, was fined 10% & for misdeameno'', ■w"^'' 

10' Richard Wayte vndertooke for White. 
Posture of "^^^^ Deputy Governo'', M' Staughton, Cap? Gibbons, Captaine Jeanison, 

Warre. Cap? Cooke, i\I' Rawsou, Leiveten' Willard, & M' Parker, these or the greater 

number of them, are appointed to putt the countrey in a posture of warre. 
4g2_ Itt is ordered, y' when anie person shall bee tendred to anie officer of 

Officers duly to this j luisdiccfin by anie constable or other officer belonging to anie forreigne 

receiue forriiine ....... . ii-.i 

prisoners. jurisdiction in, this countrey^ or by warrant from anie such authontie, hee or 

shee shall bee presentlie receiued and conveyed forthwith from constable to 

constable till the partie bee brought to the place to which hee or shee is sentt. 

Hue & cry. or before some magistrate of this juiisdiction, who shall soe dispose of the 

partie as occasion & the justice of the cause shall requii-e^ &-thatt all hew 

and crj'cs shall bee dilligentlie rcceuived Si. pursued to full effect.] 

[*!.] Whereas the country is put to great charge by the Courts attendance 

492- vpon suites coiuenced or renewed by either appeales, petition, {§, it is 

Ord' about Ordered, that in all such cases, if it shall appeare to the Co't that the 

ueencry plaint in any such action of appeale, petition, ^<3, in any Co't, hath no 

iust cause of any such proceeding, they-shall take order that the said plain- 

tiiF shall beare all the charges of the Co't w'^'' they shall iudge to have beein 

expended by his occation, & may further impose a fine vpon him if the merrit 

of the cause shall so requiie j & if they shall finde the defendant in fault, they 

shall impose the charges vpon such defendant./ 

William Aspinwall, upon his petition & cirtifficat of his good carriage, is 
restored againe to his former liberty & freedome./ 

The Court left it to the liberty of the townes to send but a deputy a 
peece, if they please, to the next session of this Court./. 

The marshall hath leave to go to Coiiecticut, leaning a deputy./ 
The beaver trad-'s are appointed to bring in what is due to the countrey 
at the next session./ 

Edward Bendall hath liberty to make vse of any of the cables, & other ^ 
things belonging to the worke, as he needeth, alowing for the hurt of them./ 
Gregory Taylo', being chosen constable of Water Towne, tooke his oath 
to discharge that place./ 



XXV 



RECORDS 

OF THE 

COURT OF ASSISTAl^TS 

OP THE 

COLONY OF THE MASSACHUSETTS BAY 

IS 

NEW EXGLAXD. 
From October 28, 1641, through March 5, 1643-4. 



NOW FIRST PUBLISHED FROM A CONTEMPORANEOUS COPY RECENTLY 
OWNED BY SAMUEL L. M. BARLOW, ESQ., AND NOW IN THE POS- 
SESSION OF THE BOSTON PUBLIC LIBRARY. 



XX VII 



HECORDS OF THE COURT OF ASSISTANTS 

FROM OCTOBER, 1641, TO MARCH 5, 1643-4. 



NOW FIRST PUBLISHED FROM THE MANUSCRIPT COPY, RECENTLY 
OWNED BY S. L. M. BARLOAV, ESQ., AND NOW PRESERVED IN 
THE BOSTON PUBLIC LIBRARY. 



[Note. — It is well-known that the first volume of the Massachusetts Colony Records contains not 
only the proceedings of the General Courts, but also those of the Magistrates or Assistants sitting in 
special courts. These records are recorded in regular order as tliey were held, the Quarter Court of 
September 7, 1C41, being on pp. 334-33C, and the General Court of October 7, IG-tl, covering pp. 33G- 
343, and (as continued December 10, 1041), pp. ."43-340. In the second and subsequent volume.s, only 
the proceedings of the General Courts are recorded. As already noted, the Clerk of the Supreme Court 
finds Ills earliest volume is marked "Court of Assistants, second booke of Records, beganne the 3rd of 
March, 1073." This hiatus, from„ 1G41 to 1073, has long been deplored; and it is with great pleasure 
tliat I am now enaliled, by the kindness of the Trustees of tlie Boston Public Library, to supply a part of 
tlie missing records. In the so-called Barlow copy of the early part of our Colonial records, at tlic latter 
part of the volume, a contemporary copy was made of the proceedings of the Assistants, from October 
28th, 1C41, through March 5th, 1043-4. 

The portion liere printed begins on p. 277, 1.5th line. 

The last preceding order "The coinissioii above, w"' the alterations was confinncd 
the 5"" m°, 1645" etc., is numbered in margin 2839. (See Records of Mass., Vol. II., p. 
65.) This copy was made by William P. Uphani, Esq. 

W. H. W.] 



[377] At a Co't the 28'" 8* Mo'" 1C41. 

Present The Govcrno' M' Winthrop. 
M' Dudley. Increase Nowell. 

2840. James Luxford was Ordered to bee delivered to his three Credito". Luxford. 

2841. M' Symon Voysey for striking M' Constable was coiTiitted, & fined voyscy fined. 
to give M' Constable, lO"" 

2842. M' Henry Waltham, & James lirittaine, were bound for Gawen Waiiii.im. Brit- 
W uson his appearance at y' next Co't. wiisou. 

2843. John Knight is coiTiitted vutiU hee find sureties. Kmght comit- 

° ted. 

At a Quarter Co't at Boston the 7'" of the 10"' M'" 1641. 

2844. Jacob Eliot deposed to the will, & Inventory of John Tee. Eiiot. Tee. 

2845. John Smith is graunted five shillings against "William Prichard. Pmith. Prich- 

2846. John Richardson ap|)eanng & testimony given of his good car- uichardson 
riage, hee, & bis sureties were discharged, *"^ '"^^'' 



xxviii Preface. 

Wilson, & Bure. Gawcii "Wilsoti appeariueUingham. Increase Xowell. 
Daniel Owles comeing before vs, for drinking part of severall 2807. 
[lints of wine, with "William AVilloughby was fined ten shillings. 

Willinm WiUoughby for beeing distempered with wine, & mis- 2808. 
]iuiuling Ills time, & neglecting both publique, ra;lstreet. 
^M' 1-Tmt. Increase Xowell. 
I'.neirii- Unci. ;^jr Xallianiel liriscoe for eerteiue mutinous speeches, & writings 2809. 

was fined Id"'. 
''<■"■"'• John I'eseot was dismissed with an admontion. .Tohu "Winter is 2000. 

\\ iiiUT tlisni. 

discluuged w"' an admonition. 
M' roik..-,.t M' Richard Colleeot Ills bill of 21"' 8' 10'' w.as assigned to bee paid 2901. 

him, & forhimselfe for 18 days, 2"' 14' & for M"" Ilolemau, for IS dayes, 
2"- 14'. 



Preface. xxxi 

2902. JP Richard Browne beeiug questioned for viiincetc & filtliy "lo,';^"*!"""!!'!*'. 
dalliance, with Sarah uow wife of Thomas Boylstoa, for waut of full ii"""^!!. 
evidence, they wore dismissed with au adinoution. 

2903. "Will™ Bull, & Blith uow his wife, were tiued 20' for foruieation i'""'- niiii'- 

loruic. liueu. 

coniitted before marriage. 

2904. John Stowers for reading to divers offensive passages (before Stowers tined. 
comp") out of a boolce, against the (Jtlicers, & C'liiuch of Watertowne, 

& for making disturbance there, was fined forty shillings. 

2905. Sarah Bell for hu- theft, stealing money from hir master, was cen- Bella theft. 
sured to bee whipped, except shee behave hir selfe well, betwixt this, 

& the next C'o't, & soe as the Co'^t see cause to remit it. 
290G. John Cornish was comitted, & after was ordered to bee released vp- Comishcom- 

on his owne bond, for his good behavio', & appearance, & the next Co'^t. 

2907. Susan Hewet, & others which sold Sarah Pell goods were Ordered Uewct repay. 
to take their goods backe, & repay the money to j\P Newgate. 

2908. T[eagu] Oerimi for a foule, & divilish attempt to bugger a cow of Oorimipun- 
M"' Makepeaces, was censured to bee carried to the place of execution, 

& there to stand with an halter about his necke, & to bee severely 
whipped. 

2909. Robert Wyar, & John Garland beeiug indited for ravishing two wyar. Oarinnd 
youg girles, the fact confessed by the girles, & the girles both vpon ^^ ''"'' *^ '"'*^^ 
search found to have bin defloured, & filthy dalliance confessed by the 

boyes ; the Jury found them, not guilty, w"' reference to the Capitall 

Law. The Co'^t judged the boyes to bee openly whipped at Boston, the 

next market day, & againe to bee whipped at Cambridge on the Lecture 

day, & each of them to pay 5* a peece to their master in service. It 

was also judged that the two girls Sarah Wythes, & Ursula Odle beeiug w.vthe8. odie. 

both guilty of that wickednes, shall bee severely whipped at Cambridge 

in the p'sence of the Secretary. 

3000. The 15"^ 2'' M"", M' Francis Norton, & John Pentecus, beeing Jr- Xorton. 
formerly chosen Constables of Charlestowue, by the Towue, did take ciiiui.eiowne 

coui4tabk-6. 

their Oathes to discharge that Ortice. 

At a Co't at Boston, the 27'" 2" Mo'" 1642. 
Present. 

The Goveruo' M' Deputie. M' Dudley. 
M"^ Bellingham. M' Flint. Increase Nowcll. 

3001. An Inventory of the estate of Fid ward Wood deceased, was '^oods inven 

tory. 

delivered in, & an account how the Children are disposed of, which the 



Co't doth approve. 

i*" }ir>piticr ptlin^'nod ic\ oi-it-tpni-o nf flip no^f TVi^'f \r\ T;ivln 

&dis 



3002. Richard Taylo' beeing enjoyned to appeare at the next Co't to ^•|',y.I["^''f'""" 
answer for his rude & vumeete speeches, hee was dismissed with an ■ui'^eed. 
admonition. 

3003. Ileury Neale appearing, his servant Ileury Hobsou Avas freed from nobson freed. 
him, and put f^SSOl to another, & Henry Neale was enjoyned to pay ^'fii'e 'o pay 

wiluessee. 

all the witnesses, & deliver vp all bonds, & soe all things were ended 
betweeue them. 

3004. Henry Ilobson is put to Goodman Thomas Meakins for the rest of ^°!,'^°„'g'° 
his time, for 4""^^ annu and vpon his good behavio' to have 2' S"" at the 

end of his time. 



J 



XXXII 



Pi-efa 



Stone. Arrai- 
tnye costs 
grauuti-d. 



Owles servant 
to French. 



Smith bound. 



Wyar to 
Bowtlc. 



Browne whipt. 



Mindam dis- 
charged. 



Quick whipt. 



lIolicrtB lined 



Pcrij \Vhipt. 



IlaidiilL- II.. His. 
ter. Wiyuiouth 
ConfilaliU'S. 

Baker Ordinarj- 
keep. 

Goodnow 
Clarke of y" 
Band. 

W 'I'omlins 
Ivnsigne. 
W'Tury En- 
eiiine. 
Johnson. 



John Stone, & Joseph Armitage, vpou a warrant from Joshuah 3005. 
Hubbard had ten shillings cost graunted them, against Joshua Hubbard 
for uot prosecuting. 

Daniel Owles is put to Serjeant William French for a yeare, & 3006. 
then to bee brought agaiue to the Co't, to h.ave further consideration 
had of the case, whether Sei'j' French had sufficient recompense for the 
lossc of his servant, Edward AValdo, whom Owles concealed, plotting to 
run awaj', &. couucelled thereto. 

Richard .Sra^'th concealing his knowledge of Edward Waldo his 3007. 
intent of rimuing away, is bound in ten pound to appeare at the next 
Co't. 

Robert Wyer is put to Leonard Bowtle, with his ^Masters consent 3008. 
for the rest of his time. 

AVilliaiu Browne for running away, deriding an Ordinance of God, 3000. 
refusing to give account wliat hee had learned, & refusing to obey hir 
master, was censured to be severely wliipped. 

Robert Mindam appearing haveing bin imprisoned vpon an attach- 3010. 
meut by M' Carapian, vpon pretence of a debt of 35"' to AP Trerice, 
he was discharged, because noc action is entered, nor none appeareth 
to prosecute. 

The IG"' 3'' Mo"' Richard Quick for beoiug distempered by drinking 3011. 
wine, & for his idlenes, stubborues, & dalliance, was censured to bee 
whii)ped. 

Edward Roberts was a[)pointed to pay 12'' for drinking to Richard 3012. 
Quick. 

.John Perry for running away was censured to bee whipped 17'" S*" 3013. 
Mo'". 

Jolin Harding, & John HoUister beeing chosen Constable of Wey- 3014. 
mouth, did take their oath to that place apperteiuing. 23. S"* Mo'". 

M' Baker of Ipswich is allowed to aUoiced to keepe an Ordinary 301o. 
instced of (ioodm. Andrews. 

Edward Ooodnow beeing chosen Clcarke of the Band did take his 301 (!. 
Oatli 5'" 4'" :Mo'". 

M'' Edward Tomlins beeiug chosen is allowed Ensigne at Linn. 3017. 

M' William Tory is api)ointcd Ensigne at Weymouth. ."lOlS. 

Edward Johnson is appointed to traine the Company at Wooborne. 3019. 



Bedham Lands. 



Forbearance. 



The 7'" day of the 4'" Mo'" 1G42. 
p'sent 

The Govcrno'' The Deputie. M'' Dudley. W Bellinghara. 
3P Bradstreet. M'' Stougliton. M'' Flint. Increase Nowell. 
Dedham delivering in a transcript of their lauds, the Co''t gave M"' 3020. 
Allen leave to have the transcript backe againe. 

The other Towues, to wit Boston, Dorchester, Braintree, & Water- 3021. 
towno, had time grauutod them till the 4'" ^lo"' 1C43. 

JP Edward Paine vpon his ap])earance was discharged there beeing 3022. 



>!' I'ainc di^- 

graunted. HOC Actiou entered by Clement Campion, and IP Paine was graunted 



^Yood lined. 



6' C" costs against Clement Campion. 

Edward Wood was fined 8' for baking wheat meale contrary to 3023. 
order. 



Preface. xxxiii 

.'$024. Thomas Scot, & his wife for coniitting fornication before marriage, ^™"' >">'« 

^ ^ ' wivert puiiieh- 

were enjoyned to stand an ho''e vpou the IG"" i/sent, in the market """" f'"' f'"'°i- 

1 ■ 1 I i> 1 CUCOD. 

place, with each of them a paper with great letters, on their hatts. 
3025. Thomas Morrice iiis will was delivered & vpou oath testified by Mornce win de- 

Edward Woolastone, & William Hudson. ^'""'' ' 

302G. Tliomas Whittamore because of his sore leg was dismissed with an Whumore dia- 

admonition. 

3027. Concord delivered in a transcript of their Lands, but vnsubscribed. Concord trans- 

.... ' cript ituperlect. 

which not beeing according to Order, was delivered backe agaiue to them 
to perfect. 

3028. Anne Keayne for hir grosse failing in not testifying the truth, Ke.-iyne Com- 

. , ,, , , . ./ o ittc'd, &c. 

when shee was called vpon oath shee was coimtted to the Keeper, & 
vpon hir petition, & confession of hir fault, she was released. 

3029. Jonathan Bosworth for discountenancing a wittnesse, was coiTiitted Bosworth 

^ bound, & to find 

till hee find sureties ; Samuel Ward, & Nicholas Jacobs were bound in euretyts. 
10"" a peece for Jonathan Bosworth his good behavio', & appearance at 
the next Quarter Co't, & Jonathan Bosworth himselfe was bound in 20"'. 

3030. Eliz : Strainge vpon acknowledgment of hir sincere — , with an ^'i^ : strainge 
jnjunction to acknowledge hir sin publiquely at Hingham, & that to bee 
certified by the Constable, shee was dismissed with an admonition. 

3031. William Jones vpon his acknowledgment here, beeing enjoj'ned to Jones dis- 
acknowledge the like Publiquely at Hingham, with an admonition, & an 
injunction to pay the witnesses 5' a poece, he was dismissed. 

3032. M' Richards is abated twenty shillings of his fine. itichards fine 

3033. [281] John Long Gent, for his misdemeano", distemper in "■-. Long fined, 
drinke, swearing & cursing was fined twenty pound, & to put in sure- 
ties before his departure. 

3034. Thomas Wilson his fine is respited till the end of the second Moneth wiiBonsfine 
1643. and Anthony Staniard is bound in twenty pounds for the pay- 
ment of Thomas Wilsons fine. 

3035. Isaac Morrell was fined 5' for his absence, which hee is to i»ay to Morreii fined. 
the rest of the Jury. 

3036. Nicholas Powell is appointed Surveyo' of the Armes for Dedham. I'oweii Survey- 

3037. It was Ordered that M' Stodder should have three pound of M'' John M' Longs dam- 
Long, for himselfe, & ten shillings for the rest of his Company, for the 

trouble, & danger they susteined by M'' Long. 

At a Small Co^ at Boston, the 28'" of the 5'" Mo"" 1642. 
p'sent 

The Governo'', M'' Dudley. Mr. Stoughton. Increase Nowell. 

3038. Henry Smith not appearing (beeing warned by the Governo'). Smith. 

3039. Margeret Stephenson is judged at liberty to be married to Benja- Stephenson lib. 

^ ertv LTaunted. 

mm Scott. 

3040. The Constable of Eoxbury was Ordered to take care of John Kcmpe cared 
Kempe, servant formerly to Isaac Morrell, both for his maintenance, & 

cure, till the next Quarter Co''t, and then further order should bee 
setled. 

3041. The C'o'^t thought meet Dermondt Matthev/ should bee set to worke Matthew to 

workc 

by such, as have occasion to imploy him, vntill his M"' shall appeare, & 
take co'se about hiin. 



XXXIV 



Preface, 



Bradley Admin- Katheriii Bracllev is c;rannted administration of hir husbands estate, 3042. 

who gave hir all his estate, only some cloathes, & tooles to his brother. 



Roberta com- 
itted. 



Cooper. 
Hubbard. 
Converse 
cour^tiible. 
Bnsworth dis- 
charged. 
Sever fined. 



The Elders ad- 
vice desired. 



TVooldrige 
fiued. 



Batter costs 
grauutcd. 



Lewis wbipt. 



Cole to worko. 



\VaIcot "Whipt. 



"White coraitted 
reteas. 



net. 

Whipt, &c. 
Cotcree whipt. 



Juryos verdict 
returned. 



Part of Mo. 

Thyeryert 

estate. 

AV ail's fined. 



Cult- put to 
llawuid. 



At a Quarter Co't the C* of the ''^ Mo'" 1C42. 

p'sent. 

The Governo' The Deputie Gov' M'. DucUej'. M'. Bellingham. 

M'' Saltonstall. M' Stoughtou. M"' Bradstreet. M' Fliut. Increase 

Nowell. 

George Roberts was comitted to the keeper for his ill carriage, but 3043. 
after had leave, to goe take care of his corue, beeing it lay vpoa 
spoj'ling. 

Thomas Cooper, & Joshua Hubbard Constables of Hingham. 3044. 

Edward Converse Coustable of Wooborue. 3045. 

Jonathan I5osworth is discharged from his bond. 3046. 

Robert Sever for his miscarriage in neglecting the watch, is fined 3047. 
twenty pound which tlie Co''t dotli respite. 

Several! of the Members of Hingham, vpon admonition of the Co't, 3048. 
did refer it to the Co''t, to speake to the Elders to consider the case, & 
to send some of themselves to see, if it may please the Lord by advise 
to helpc to reconsile their differences, and settle them in a way of Christ. 

]\r John Wooldrige was fined 3"', & enjoyned vpon paine of .5"' to 3049. 
acknowledge his offence, at Boston, Charlestowne, & Cambridge, read- 
ing an acknowledgment, written for his drunkenesse, & swearing. 

M' Edmund liatter bad six shillings, eight pence cost graunted 3050. 
him, against M' John Humphrey for serving him to appeare, & not 
prosecuting. 

John Lewis for ruuning away, and breaking an house, was cen-3051. 
sured to bee whipped, & sent home to his Master. 

Richard Cole was coiTiitted to worke for his liveing, till a master bee 3052. 
found for him. 

AVilliam "Walcot was censured to bee whipped, & kept in Prison, 3053. 
till further Order, for his idlenesse, & abuse of his friends. 

Richard AVhite beeing cofhitted for refusing to watch, vpon his sub- 3054. 
mission he was released. 

Anne Hett for attempting to droune hir child was censured to bee 3055. 
whipped, and kept to hard labo% & spare diet. 

Thomas Cotcree was censured to bee severly whipped, for his 3056. 
vumeet dalliance witli two or three girles. 

The Jury returned verdict about the death of Richard Silvester his 3057. 
child. 

The Governo'' hath in his hands about 4"' of the estate of one 3058. 
i\Iountsier Thyery, a French wan, that dj-ed here. 

[28*2] George ATatts is appointed to give ten shillings in cotton 3059. 
woole for swearing. 

Richard Cole is put to William Haward for a yearc, vpou such 3060. 
wages as shall bee suteable to his i/earnings. 



At a Co''t at Boston the 27"' 8'" Mo"- 1642. 
p''sent 
The Governo' M' Dudlej'. M' Bellingham. Increase Nowell. 



Preface. xxxv 

3061. Samuel Finch, & John Gorton, for not appearing vpon tlie Alarnie, ^,'*"^^j'^"''""' 

tiieir excuses were accepted, and they freed. Robert Vniou not appear- Vuion» Hne 
ing vpon the Alarme, his fine of o"' is respited, till the Generall Co'^t. 

30G2. AViddow Merriam is graunted administration of hir late husband widdow Mit- 

. ri.ini adrainis- 

Merriam his estate. tracon graunted. 

30G3. AVilliam Web for his neglect, in not carefully attending the Order Web fined, 

of Co't about his bread, is fined ten shillings. 

30C4. Vpon Consideration (severall Petitions p'ferred to tliis Co't) It was '^"('^'J^'J'' "P" 

Ordered that M' John Smith, IPWilliam Bacon, togeather with M'John 
Oliver, Lervt' Lusher, & Anthony Fisher, these, or any three of them 
whereof the said M' John Smith, & M"' John Oliver to bee two, shall 
have power to take into their custody all the bookes, & writings of the 
said Edward Allen, to cast vp, & to cleare the accounts, for deviding of 
the interests of the severall Parties, & to pay, & receive all debts and 
to certify the Co't with what speed they maj'. 

3005. The Treasure'' had order to pay M"^ Oliver the suiTie of li"" for his M' Oliver's 

Bume. 

paines about Mansfield. 

3066. John Newton, & Edward Allen are graunted the Administracon of '\f™n|'ed"''"°'' 
the estate of M'' Edward Allen. 

3067. Davyd Conway servant to "NV" Beanisley, for resisting his master f"°"»'^y '"hipt. 
was censured to be whipped. 

3068. John Neale ser\-ant to M'' Coekram was coiuitted vpon suspition of ^'"'='''' <^^'>™'"'''f''er8ap- 

' ' c5 pointed. 

nuigs, are appointed to view the leather which is tanned in Watertowne, 
& to certify vpon their oathes, (& in perticular leather tanned by 
John Winter, for which liee was p'sented, which John Warren can testify) 
at the next Quarter Co't. 

3074. William Shepheard for covenanting for 15"' wages jo annum, is fined shepheard 
two pound. 

Laurence Copeland for covenanting for l')"" wages ^ annum is fined Copeiand find. 
2"', beeing both released one halfe of the time, which was ordered to 
bee stayed in John Mowers hand, and bj' him, to bee payd two shillings 
to Martin Saunders, & 3"* 18= to the Treasure'. 

3075. Watertowne p'seutment is referred to the next Quartsr Co't. p'8e'n''mC ""^ 



XXXVI Preface. 

^lowld'''" ^* ^^^ ordered that M' Hibbins should bee allowed twenty pounds 3076. 

for his horse killed in Puiique service. 
M'Barthoio. jvp Bartholomew his cause, vpon his brothers vndertaking to bee 3077. 

mew cuuse ^ ° 

refered. surety to answer for his brother, at the next Quarter Co't, it was re- 

Capt.KcayneB ferred to the next Quarter Co't : And Capteine Kcavues Action is 

AutioD defer. i j 

deferred by consent, till M' Bartholomew doe come. 
Weaneto David Weaue by consent put himselfe to Hugh Gunnison for 3"" 3078. 

15' till that bee wrought out. 
Addington Isaac Addiugtou did depose that Timothy Iliggenson had G. gallons 3079. 

deposition. . ' . • ^^ '^ 

of M'' Eldreds wine, Robert Gillam had 5. gallons, William Pearce as 
hee thinketh had 5. gallons, & himselfe had 5. gallons. I 

Dexter'' '° Dcarmaut Matthew is put to Thomas Dexter for the rest of his 3080. 

time. Dexter promiseth to pay what wages Dearmant proveth to bee 
due, and all is referred to M' Sadler, & goodraan Armitage to lieare, & 
end all businesses, & the 3 attachments are discharged. 

Walton ii.ave his It was Ordered that ^l' AValtou should have his goods againe, 3081. 

goods at^aine. ^ ° 

which were vnju.stly taken and the Arbitrato" to end the businesse of 
the sow, if they can. 

^rfumed [383] Jolm Lee is graunted six sliillings 8. pence against 3082. 

Kich.ard Lettiu, for somouing him to appeare, causing him to attend, 
& not prosecuting. 

nraintroe fined. Martin Sauudcrs vndertooke the Bridges, p'sented, should bee re- 3083. 

paired, soe Braiutree was fined three shillings, foure pence. & dischai'ged. 

M'Rucii. It was Ordered that M'' Ruck, & Goodman Stow, should bee sent 3084. 

vnto, to come in at the next C'o''t, & should shew how they have dis- 
posed of the .JO"', or bring it in, or shew why they should not. 

Davios fined. AVilHam D.avics was fined 5"" for his contempt, in keeping victu- 3085. 

ailing against Order of Co't. 

iiinL'iiam dia- Hlngliam vpon oath given, tiiat the way is made out, is discharged. 3086. 

eliiirued. '' . 

i;...itoii dis. Boston is discharged, the way to Charlestownc being made good. 3087. 

ii'M-ntiniuta Thc otlicr p'seutineuts are respited till the next Quarter Co''t 3088. 

respited. 

because oi the weather. 
Ki. Hasnet put The 11"' Mo"'1G4l'. 5. day. Elizabeth Hasnet is put to 'William 3089. 

to \\ ilson. *' A 

"Wilson, for 50' wages, for the yeare. 
wiciiscon- The 12"' day. George Wicks beeiug chosen Constable of Dorchester 3090. 

stable. . c? 

tooke his Oath. 

At a Quarter Co'' at Boston the 10"' of the 4"' Mo"' 1643. 
p'sent 

The Goveruo' The Deputie. M' Dudley. 
M' Belliugham. JP Saltoustall. M'' Bradstreet. 
jNP Ilibbens. ^i' Flint. Increase Xowell. 

itidwayp:,yd. jt .„.^g Ordered that forty five shillings of the estate of M' William 3092. 

Bladen, should bee payd to James Riddwaj-, who was his servant for 
his yeares iirovision. 
Boston p'sent- xhc Townc of Bostou becing i/sented for defect of their high- 3093. 

ed. ^ L o 

waies, thej* had bin p'sonted foe 
M' Oliver payd. It was Ordered that 'SI' Oliver slionld have for his paiues, & charge 3094. 

about the Saylo"^ three pound, .ibout ]Mansfeild twenty shillings, about 
Kemp seaveu pounds ; togeather eleven pounds. 



Preface. xxxvii 

3095. Robert Heathersby appeariug is discharged of liis bond, & graunted "'^Jr'" ed''^ **"' 
10' costs against. 

3096. James Brittaiue beeing p'sented, & traversing the p''sentment was Urittainere- 

=■ ' ' o 1 spited 5:c. 

respited to the next Co'^t, and bound hiniselfe in twenty pounds to 
appeare then, & answer. William Brandon to appeare for a witnesse. 

3097. Thomas Layton appearing was discharged. Jhfr°e.i'"' 

3098. Richard Smyth beeing convented, for beeiug privy to Edward **">'"» ^"''"'"J- 
Waldo his intent to run away, which was wittnessed by Blith Bull, hee 

was eomitted to. 

3099. George Mills for a Battery is fined ten shillings. Miiis fined. 

3100. Richard Willis for a foule Battery is fined 2"" 10% & eomitted tiin^'i'ii' fined 

'' com. 

hee pay or give suflieient security. 

3101. AYilliam Chadborne, senio', John Low, Robert Butcher, William '■hadborne. 

Law, Butcher. 

Affeild, John Woodward, Ambrose Leach & Sacheas Bosworth were Amnd. wood- 

. ward itc. fined. 

fined 10' apeece, for drinking too much. 

3102. Ralph Golthrope is fined 10' for beeing distempered with wine. Ii,°ed'™'"' 

3103. William Filpot was admonished to take heed of suffering drinking F'h'"' admon- 
in bis house. 

3104. Anker Ainsworth beeing p'sented for taking excessive wages, it Ainswoitii dis. 

" ' =" = ' charged. 

did not appeare, & soe hee was discharged. 

3105. M'' Dravtons Cause against M' Wannerton is transmitted to the M''- nraintons 

•^ ° cause traiiBin. 

Co't at Piscataq. 

M' Stodder beeing p''sented for selling cloth at an excessive rate, *'' i^todder 

° \ ^ . . . . P'sented, disch. 

it appeared noe excesse in him, soe hee promising to satisfy M' Paine 
was discharged. 
3107. Henry Leake, & his wife for fornication were eiiiovned to appeare Leake fchu 

-' ' J 1 I wile, for fornl- 

caiioii to ac- 
kuuwledge. 



the next Lecture day, at Dorchester after the Lecture, and to acknowl- caaontoac- 



edge their fault. 

3108. John Smvth Clarke of the Band at Dorchester. ^;''-r"'n^'^"'° 

of the Hand. 

3109. Francis Pemble bound him in 20* to appeare at the next Co't, to i'embie bound. 
answer for his lewd, »& reproachful! speaches. 

The 27'^ of the 5* Mo'" 1643. 
p'sent 
SP Governo'' JP Dudley. SP Bellingham. M' Ilibbens. Increase 
Nowell. 

3110. Nicholas Rogers for beeing distempered with wine, or strong Rogers fined, 
drinke, was fined 2"" who being imprisoned is remitted to ten shillings. 

3111. William Scutt for selling powder, & shot to the Indians was fined ^"^'i,?' t',',"' 
10"" to pay the halfe, when corne is payable, & the other halfe a 12. lu^ian*, fi:;cd. 
Mo"' after, & Thomas Spaule is surety. 

3112. Samuel Bacon for stealing wine, & other thinges, was censured to B-acon stealing, 

^ o ' -wliipt, ^;c. 

be severely whipped, & to make double restitution, to M" Hull, & his 
Dame. 

3113. Robert Rogers was, for receiving stoUen wine, being consenting in ?;,",'^,''„''j,^°i"^™' 
it, enjoyned to pay M' Manning 32' & fined to the Countrey 40'. fl»«' *^e, 

3114. Miles Tompsou for drinking with them, & beeing privy, was to pay Tompson, 
M' Manning 16'. 

Toby Davies beeing piivy, & drinking with them was to p.ay ]\P I'^'es- 
Manning 10'. 



XXXVIII 



Prefa 



Wyar. 

Cooper. 



Tapping for 
theit, wbipt. 



Lnngtey Lin 
Constable. 



[284] Robert AV^^ar for drinking witli Bacon, beeing privy to the 
taking of it, was enjoyned to pay M*" Manning 4^ Thomas Cooper for 
drinking, beeing privy to the manner of taking it, to pay M"" Manning 4^ 

Nathaniel Tappin for breaking, & breaking into severall houses, 3115. 
and stealing severall thinges, was censured to be whipped, & put to 
Goodman Gillara. 

William Langley beeing chosen Constable of Linn, tooke his Oath. 3116. 



Clough fined. 
Colthrop fmod. 

Legacyes payd. 



Wilson fornica 
con lined. 

Nappev dis- 
charged . 



Bairetow die- 
cbalgi'd. 
Eliz. Vane 
comitl. releas. 



J/=araeB Tling- 
h:im Const. 
 in driuke, & if he fayle 3118. 
in th.at agnine, to have Corporall punishment. 

It is Ordered th.at vpon the Letter of Atturuey shewed heare in 3119. 
C'o't, the Legacyes should bee payd by M' Smj'th of Springfeild to 
John I'ortor. 

Gawen AVilson is fined twenty shillings for fornication, which M' 3120. 
Bozoon Allen vndertooke to satisfy in cotton-woole by M' Coitniore. 

George Napper was discharged, & coiuitted to his Master, and to 3121. 
stay witli him, soe much longer for the time hee hath bin absent. 

William Bairstowe appearing was discharged. 3122. 

Elizabeth Vane, for hir miscairiage in iibuseing one of the Magis- 3123. 
trates, & M" Newgate, was coinitted at the pleasure of the Co't, & 
vpon hir humble Petition, & acknowledgment, was released. 

Fr.nucis James chosen Constable of Hingham, tooke his Oath. 3124. 

Richard Gell servant to Francis Fel/inghani of Salem, for running 3125. 
away was censured to bee whipped, & sent to his Master, whom hee is 
to serve for the time hee hath lost. 

John ]?artlet for his swearing, theft, & druukenes was coinitted to 3126. 
Prison, & censured to bee whipped, & fined twenty shillings. Stephen 
Day for his defrauding severall men was coinitted. John Gamuiage for 
his swearing, drunkenes, & other prophanes, & disorder, was censured 
to bee well whipped. 

M' Symons, M' Fowle, M' Smyth, M' Dan, & Goodman Bendall, 3127. 
are appointed b}' consent to arbitrate betweene M' IIumphre\' & M' 
Robert Saltonstall. 

Thomas Anker payd 5' for his desteni/j in drinke which 3128. 

M"^ Briant Pendleton is ap|)ointed to exercise the Company at Sud- 3129. 
bury. 

George Watts for his dcslenijo in drinke, swearing, & abusing tlie 3130. 
watch was fined 10"' & to p.ay to pay, or give sullicieut security before 
hee bee released. 

Sorjt. AVardall is appointed to traine the Company' at Exeter. 3131. 

Lewis is enjoyned not to strike his servant John Lowe, & to set the 3132. 
said John Low free the 24'" of the 4'" Moneth 1644. 

Andrew Allen is grauutcd .administration of his Brother Edward 3133. 
Allen his estate, who was killed tha fourth of this p'seut Moneth. 



Preface. xxxix 

3134. The eighth Mo"' twelfth. Nicholas Rogers for his chunkenes, and itogers wbipt. 
makeing others dniuke with his strong-water, was censured to bee 
whipi)ed. 

Swiniard Lewis for his beeing drunke, was fined ten shillings, Lewis fined. 
which hee paid. 

3135. The 19. day. Israel Hart is fined twenty sliillings for neglecting Hart fined, 
the watch, and enjoyned .allsoe to pay the two witnesses, and the ortlcer. 

313G. The 20. day. Richard Wood is allowed to keepe an Ordinary at }y°°'' , 

•^ I J Ordinary kee/. 

Roxbury. 

3137. Thomas Burges for his distemper, was dismissed with an admoni- Surges 

" ' ' admonisht. 

tion to take heed of the like fayling. 

3138. Thorn. White is graunted 15' 4'' against Andrew Belcher, for the White costs 
5"* of powder, & trouble he hath put him to. 

3139. Thomas Bauldwin for his miscarriage to his master, and striking Bauidwin 

, . — .,, 1 , . ^ comitted. 

hun was conntted to prison. 

3140. Robert AVright is fined twenty shillings for beeing twice distem- '^"gi'' •in'^'i- 
pered in drinke, or to sit an houre in the stocks, the next Market day at 
Boston. 

3141. William Barnes for swearing is fined ten shillings. Barnes fined. 

3142. James Kinloah appearing for want of proofe hee was discbai'sed. Kinioah 

3143. It was Ordered that F"rancis Lightfoot should liave paid him, by M' Lishtfoot payd. 
Edward Gately ten shillings, and by Joseph Armitage foure shillings, 

for the trouble, & attendance they caused to him. 

[385] At a Co'-t at Boston the 26 of the &^ 1G43. 
p'sent 

The Deputie Governo' M' Thomas Flint. Increase Nowell. 

3144. Leonard F"ryar was fined 10' Leonard Frvar, James Kelme, &Fryarfincd. 

•' Jit Kryar. Kelme, 

David Wayne, all 3. are bound in 40' apcece to appeare at the next ^^yue. i>o>'"t' 

to appeare. 

Quarter Co't to answer for excessive drinking, & distemper. 
314.5. John Garland for stealing sever.all thinges to the value of 3' G'' was Cariandtomake 

■1 . 1 111 ', i- reslilutiou. 

enjoyned to make double restitution. 

3146. Thomas Arnold beeing chosen Constable of Watertowne, tooke the Arnold Water- 

towue Const. 

Constables Oath. 

3147. The will, & Inventory of William Fry, to the Recorder was deliv- Fryoswiurc- 
ered the ninth of the ninth Moneth, the widow beeing Executrix, and 

the wittnesses Thomas Bayly, & John Burgcs tooke their Oaths. 

3148. David Dauliug, Mary Audley, & Jane Jeffrey, for their filthy, & J^-''."''5=g^^"''- 
vncleane practise, were censured to bee severely whipped. wkpt. 

At a Co't at Boston the 5* of the 10"> Mo"' 1G43. 
p'sent The Governo' M"^ Dudley. M' Winthrop Jun''. 
M'' Stoughtou. M'' Ilibbens. M' Flint. Increase Xowell. 

3149. Capteine John Chadwicke for swearing many oathes, and other dis- Capt. rhnd- 

. , wifke lined. 

order is hned twenty pounds. 

3149. Capteine Aaron Williams for distcm« in drinke, is fined ten '"'!''■ WiHii'ms 

^ fined. 

shillings, which hoe paid. 

3150. It was Ordered that .Tohu .Johnson the Surveyo'' should take out <'° "'"• 

At a Quarter Co't at Boston the 5'" of y"" 1" Mo'" i§4f . 

p'sent. 

The Governo' The Deputie Gov' M' Dudley. M' Belliugham. M' 
Winthrop jun'. M' Bradstreet. M' Hibbens. M' Flint. M' Symonds. 
Increase Nowell. 

3182. George Frost beeing distempered with wine was fined ten shillings. Frost distem- 

3183. John Hart beeing distempered with wine was fined twenty shillings, i^^'t y. 

George AV right appearing & testimony of his good carriage hee was 
discharged. 

John Jlihuii appearing, & declaring hee had the cloth of M' 
Stoughton for 9' hee was discharged. 

~SV Thomas Dutclifeild for distemper in drinke is fined 10' & ad- 
monished, & dismissed. 

Roger Amedowne was eujoj-ued to pay 2' 6'* fees, admonished, & 
discliarged. John Harris to pay two' C' fees, was admonished, &. dis- 
oliargcd. 

James Brittaine beeing found guilty of adultery with Mary Latham, 
he was condemned to deatli. Mary Latham beeing found guilty of 
adnltiry with James Brittaine, she was condemned to death. 

Rebecka the wife of John Taylor. 

Stephen Bctson for his sinful! attempt hee was bound to his good 
behavio'', & enjoy ned to api)earc y" next Co''t. 

iS'atlianiel Smith for his theft was ordered to pay Capt. Sedgwicke 
49' it lined 20' for his intem^siate drinking. 

A'pou releasment of John Stow, Concord men are gr.aunted Power 
to seize the 222. .acres of Land, & hay, & debts due by auj' rent of the 
said Land. 

Thomas ]\Ioultou appearing was discharged. 

It was Ordereil that John Rieiiardson should be scquestrcd from 
Elizabeth Fryar, to whom lie was married, y" 12"' of the 8"' Mo">, & 
neitiier to meddle with liir Person, nor estate, till thingcs bee cleared by 
advice from England, & Cluistop. I.awsou is to keepe 5' p weeke out 
of his yearnings, when his debts are paid. 

Francis Smith is graunted his bill of 2''' V IP* for ferridge, & horse 
pasture, of Jlagistrates, & Deputies horses from the 25"' of y" 2* IMo'"' 
1012. to tlie 5"' of the P' Mo"' {^,\}. 

[*-iST] James. & John ^lerricke for drinking intemperately, and 
suffering others to drinke at their house, & selling wine, are fined 10' 
apeeee, & to pay 2' 0'' apeece, fees. Thomas Oitou for intemy^ate 
drinking is fined 5' & 2' 6'' fees. Thomas Sheepe for iutem^ate drink- 
ing is fined 5' & 2' O"* fees. 



3189. 
3190. 
3191. 
3192. 

3193. 

3194. 
3195. 

3196. 

3197. 



3198. 
3199. 



3200. 



3201. 



Preface. 



MJIl 



3202. The 23. of the 3'' Mo'" Barnabas Fawer tooke tlie oath for Con- 
stable for Dorchester for tlie yeare ensueing. 

The 30"" day. Thomas Richards, & William Kead boeing chosen 
Constables of the Touue of WayniDutli did take their oathes. 

3203. John Johnson, & A^illiara Parks are appointed a Coihittee to 
examine, by the former Comissiono'" or otherwise, to find out, tjutiier 
vp, & receive into their custody, which hereby they are Authorized to 
doe, & to certify how they find thiugcs about M'' Samuel Cooke his 
estate. 



Faw.T. 

l>ori:hep1er 

CotiBtaliUf. 

Dlthiiril". 
lliiiil Wiiy. 
luoutll Cu. 

Johnson. 
I'aiks. 
< 'oniUU-G 
M ^ t'ookua 
C'wtate. 




INTRODUCTION. 



The history of the published Laws of the Colony of Massa- 
chusetts is naturally divided into four periods. First, the publica- 
tion of the Body of Liberties in IGll ; secondly, the issue of the 
first collection of Laws, in 1049; thirdly, the revision of IGGO; 
fourthly, the further revision of 1672, with its supijlements through 
1686. 

Having already been able to reprint the edition of the Laws of 
1672, with its supplements, I now have the satisfaction of presenting 
in this volume two of the other earlier documents, namel}^, the 
Body of Liberties of 1641 and the revision of the Laws as printed 
in 1660. The other edition, that of 1649, is doubtless hopelessly 
lost, no copy being now known. We may, however, conclude that 
its title was the same as the first part of that prefixed to the edition 
of 1660; and we are assured by the preface to the last-named booli 
that the edition of 1649 was arranged " in an alphabetical order," 
that it had a preface or " epistle" telling " there would be need of 
alterations and additions." It is also clear that the editions of 166U 
varied from that of 1649 by the omission of such laws as had 
been repealed and the addition of such laws as had since been 
enacted. Those which were omitted cannot be recovered, but by 
comparing the Bod}^ of Liberties with the edition of 1660, and by 
striking out of the latter also all the laws dated after 1649, it 
would still be possible to reconstruct the edition of 1649 in almost 
perfect form. 

It is perhajjs as Avell to state here that for a long time a 
spurious Code of Laws has been cited as the genuine Body of 
Liberties of 1641. I refer to tiie pamphlet issued in 1641 in Lon- 
don, which was undoubtedly the work of Rev. John Cotton. It 
was reprinted there in 16.j5 under the care of "William Aspinwall, 
and has in later years been reprinted, in 1798, in tlie fifth volume of 
the first Scries of the Collection of the Massachusetts llistoriciil 
Society, and, in 1844, in the third volume of Force's Tracts. It was 
also printed in Hutchinson's Collections of Pajjcis (Boston, 1769), 



2 Introduction. 

and i-cprinted with notes in the re-issue of tliat book by the Prince 
Society (Albany, I860). 

Although, as will be shown, the evidence is conclusive that 
Cotton's Code was only proposed and never accepted, while a 
totally ditterent set of laws was actually enacted in lG41,this error 
has obtained in many quarters, and needs to be authoritatively 
denied and disproved. 

Reverting therefore to the facts which can be ascertained, it 
is well to remember that our system of making laws by a repre- 
sentative body was not coincident with the settlement of the 
colony of Massachusetts. The Charter of March 4, 1629, provided 
for a governor, a deput3^-governor, and eighteen^ assistants to be 
chosen fi-om time to time out of the freemen of the company, 
whereof seven assistants, together Avith the two officers, were to 
be a quorum. They Avere to meet once a month or oftener at their 
pleasure, and four times in each year, viz., upon every last Wednes- 
day in Hilary, Easter, Trinity, and Michaelmas terms, were to hold 
a Great and General Court. In the General Court new members 
could be admitted, and at that time they could " make laws and 
ordinances for the good and welfare of the said Company, and for 
the government and ordering of the said lands and plantation and 
the people inhabiting and to inhabit the same, as to them from 
time to time shall be thought meet. So as such laws and ordi- 
nances be not contrary or repugnant to the laws and statutes of 
this our realm of England." (Kecords, p. 12.) 

In fact, for several years after the settlement here the powers 
of the General Court were allowed to lie dormant. The Court of 
Assistants met from time to time, as seemed necessary, but the 
General Court met only as follows: — 

16l>0. October 19. (Kecords, i. p. 79, pi-inted edition.-) 

1631. Mavis. " " i. p. 86. 

]()32. May 9. " i. p. 95. 

1()3;}. May 29. " i. p. 101. 

1631. May 11. " i. p. 116. 

The Records as preserved show both the extent of the jiowers 
exercised by the Assistants, and the insignificance of the action of 

' Tliis number was not observed until IGSO. Before this twelve was the highest number 
actually serving, and eight or nine more usual. — W. II. W. 

- I cite Savage's edition of Winthrop, Boston, 1853 ; and in all cases the printed edition 
of the Kecords, issued by the State. — W. H. W. 



Introduction. 3 

the body of freemen assembled in the annual General Court. The 
Assistants acting as a Court had during these three years inflicted 
fines, Avhippings, and imprisonments, had levied taxes and granted 
lands. In fact, at the first General Court on Oct. ]9, 1G.30, it Avas 
voted " by the general vote of the people and the erection of 
hands," that the Governor and Deputy Governor with the Assistants, 
" should have the power of making laws and clioosing officers to 
execute the same." (Records, p. 79.) 

Winthrop indeed records (Hist. i. Si) that in February, 
lGiJl-2, the settlers at Watertown objected to paying £8 as their 
part of a rate for £60 for fortifying the new town, on the ground 
that the government was like that of a maj'or afnd aldermen. But 
they were convinced by the Governor and Council ^^ that this 
government was rather in the nature of a Parliament." 



In 1634, however, the freemen of the colony showed a desire 
to take a part in the government. "Winthrop (i. 1.52-3) thus in- 
troduces the matter: — 

" Notice being sent out of the General Court to be held the 14th (l;i y of the 
third month called Ma}', the freemen deputed two of caeii town to meet and 
consider of such matters as they were to take order in at the same General 
Court ; who having met, desired a sight of tiie patent, and, conceiving thereby 
that all their laws should be made at the General Court, repaired to the Gov- 
ernor to advise with him about it, and about the abrogating of some orders 
formerly made, as for killing of swine in corn, &c. He told them, that when 
the patent was granted, the number of freemen was supposed to be (as in like 
corporations) so few, as they might well join in making laws ; but now they 
were grown to so great a body, as it was not possible for them to make or exe- 
cute laws, but they must choose others for that purpose : and that liowsoever it 
would be necessary hereafter to liave a select company to intend that work, yet 
for the present they were not furnished with a sufficient number of men qualified 
for that business, neither could the company bear the loss of time of so many as 
must intend it. Yet this they might do at present, viz. they might at the Gen- 
eral Court make an order, tiiat once in the j^car, a certain number should be 
appointed (upon summons from the Governor) to revise all laws, &c. and to 
reform what they found amis.s therein ; but nut to make any new laws, Init pre- 
fer tlieir grievances to the Court of Assistants ; and that no assessment sliould 
be laid upon the country without the consent of such a committee, nor any lands 
disposed of." 

At the meeting of the General Court, May 14, 1634, there 
were present, besides the Governor, Deputy, and six other assist- 



4 Introduction. 

ants, twenty-four deputies, undoubtedly sent by Newtown (i.e., 
Cambridge), Watertown, C'harlestown, Boston, Eoxbury, Dor- 
chester, Saugus {i.e., Lynn), and Salem; three from each place.^ 

This regular Legislature proceeded to vote (Records, i. 117), 
that none but the General Court had power to choose and admit 
freemen, nor to make and establish laws, to appoint or remove olli- 
cers and fix their duties, nor to raise money and taxes, nor to dispose 
of lands. It was also ordered (p. 118), that there should be four 
General Courts yearly, to be summoned by the Governor, and not 
to be dissolved Avithout the consent of the major part of the Court. 
Lastly, they ordered that the freemen of every town might choose 
two or three men to prepare business to be submitted to each Couil, 

— a provision which was soon neglected, — and also the following 
system Avhich has continued ever since. 

" Such persons as sliall be licrpaftei" so deputed'' by the freemen of the 
several plantations, to deal in their belialt' in the public affairs of the connnon- 
wealtli, sliall liave the full power and voices of all the said freemen, derived to 
tliem for the making and establishing of laws, granting of lands, &c., and to 
deal ill all oilier affairs of the commonwealth wherein the freemen have to do, 
the nialter of election of magistrates and other ofKcers only excepted, wherein 
every freeman is to give his own loice."' 

From this time on, the records of the General Court show that 
this body exercised its powers vigorously and extensively, but at 
the beginning Avithout much idea of theoretical legislation. Gen- 
eral laws were often passed, but they related to special subjects, 
often to trivial ones. Xo constitution and no general code of 
system of laws was enacted, though of course the laws of England 
were supposed to be the authority on which all orders or sentences 
were fotinded. 

In IG.'jo a step was taken as follows: At a General Court 
held at Xew Town, May 6, 1635, it was voted (Records, i. 11") : — 

" The Governor [John Haynes], the Deputy Governor [Richard Belling- 
liani], John Winthrop and Thomas Dudley, Esquires, are deputed by the Court 

to make a draiiglit of such laws, as they shall judge useful for the well ordering 
of this Plantation, and to present the same to the Court." 

'■' Siivasru (Wintlirop, i. l.'it) writes tli.it lie identified the resiliences of all but one or two. 
He -.uU^. tliat Ipswieli sent deputies on Mareli 4, lOoS, Weymnutli in Septemlier, 1635, Hing- 
liani in .May, \\\iCi, Newbury in September, 1"..1(1, and Concord in .\pril, l(i37. — • W. 11. W. 

^ " \t first the deputies were cliosen for each General Court ; from lO.'.O to IGtO they weie 
chosiu semiannually ; and in Hji'l and ever since tliat time liiey have been elected once a year." 

— F. C. Gray. 



Introduction. 5 

Winthrop (History, i. 191) confirms this as follows: — 

" 6th of 3d month (May) 1035. Tlie deputies having conceived great 
danger to our state in regard tliat our niagistrutes, for want of positive laws, in 
many cases, miglit proceed according to their discretions, it was agreed, that 
some men should be appointed to frame a body of grounds of laws, in resem- 
blance to a Magna Charta, which being allowed by some of the ministers and 
the general court, should be received for fundamental laws." 

At the General Court for March 3d, 1G35-6 (Records, i. 1G9, 
170), the system of Courts to be held by the magistrate was set- 
tled; and it was ordered that only two General Courts should be 
held annually, one in May for elections and other affairs, and one in 
October for making laws and other public occasions. It Avas also 
provided that, since there might be diflerences in the General 
Courts between the magistrates and the deputies, 

" No law, order, or sentence shall pass as an Act of tiic Court, witliout tlie 
consent of the greater part of the magistrates on the one part, and the greater 
number of the deputies on the other part ; and for want of such accord, the 
cause or order shall be suspended, and if either party think it so material, there 
shall be forthwith a committee chosen, one-half by the magistrates, and the 
other half by the deputies, and the committee so chosen to elect an umpire, who 
together shall have power to hear and determine the cause in rpiestion." 

At the General Court, May 25, 1636, it was oi'dered as follows 
(Kecords, i. 174-5) : — 

" The Governor [Henry Vane], the Deputy Governor [Jolin Wintlirop] , 
Thomas Dudley, Jolm Haynes, Richard Bcllingham, Escpiires, Mr. Cotton, 
Mr. Peters and Mr. Shepherd are entreated to make a drauglit of laws agree- 
able to the word of God, which may be the Fundamentals of tiiis Common- 
wealth, and to present the same to the next General Court. And it is 
ordered tiiat in the mean time the magistrates and their associates shall pro- 
ceed in the Courts to hear and determine all causes, according to the laws now 
established, and wlicre there is no law, tlicn as near the law of God as they 
can ; and for all business out of Court ft)r wbidi there is no certain rule yet set 
down, those of the standing council ^ or some two of them, shall take order by 

' This refers to a cuiious experiment made in 1G3(J, in the form of a council fur life. 
March 3, 1C35-G it was voted tliat tlie General Court should, from time to time, elect a certain 
number of the magistrates for the term of their lives as a Standing Council, to be removed only 
for crime, insufficiency, or other weighty cause ; the Governor always to be president of the body, 
and the power to be such as the General Court might indue them with. May 25, 1C3G, Gov. Win- 
throp and Thomas Dudley were so chosen; May 17, 1607, John Endicott was elected; but none 
othtjrs were ever added. The scheme was connected with certain proposals by Lord Say and 



6 Introduction. 

their liest discretion, that they may be ordered and ended according to the rule 
of God's word, and to take care for all military affairs until the next General 
Court." 

We have seen that in May, 1636, Mr. Cotton, Mr. Peters, and 
Mr. Shepherd were asked to assist in preparing a code, and Win- 
throp gives this further information (Hist., i. 240), under date of 
Oct. 25, 1636: — 

"Mr. Cotton being requested by the General Court, with some other 
ministers, to assist some of tiie magistrates in compiling a body of fundamental 
laws, did, this Court, present a copy of Moses his judicials, compiled in an 
exact method, which were taken into further consideration till the next General 
Court." 

There is nothing to show that any action was taken on Mr. 
Cotton's draft of hiws, nor, indeed, that anything was done by the 
committee of 1635 and 1636. 

At the General Comt, begun Marcli 12, 1637-8, however, a 
vigorous show of work was made. The following order was then 
passed (Records, i. 222) : — 

" For the well ordering of these Plantations now in the beginninjj thereof, 
it having been found by the little time of experience we have here had, that the 
want of written laws hath put the Court into many doubts and much trouble 
in many particular cases, this Court hath therefore ordered, that the freemen 
of every town (or some part thereof chosen by the rest) within this jurisdiction, 
shall assemble together in their several towns, and collect the heads of such 
necessary and fundamental laws, as may be suitable to the times and places, 
where God in his [jrovidence hath cast us, and the heads of such laws to deliver 
in writing to the Governor for the time being before the 5th day of the 4th 
month, called June, next, to the intent that the same Governor [John Win- 
throp] together with the rest of the standing council, and Richard Bellingham 
Esquire, Mr. Bulkeley, Mr. Phillips, Mr. Peters and !Mr. Sliephcrd, elders of 
several churches, Mr. Nathaniel Ward, ilr. William Spencer, and ]Mr. William 
Hawthorne, or tlie major part of them, may, upon the survey of such heads of 
laws, make a compendious abridgement of tiie same by the General Court in 
Autumn next, adding yet to the same or detr.-^cting therefrom what in their 
wisdoms shall seem meet, that so the whole work being perfected to the best 
of their skill, it may be presented to tiie General Court for confirmation or 

Sele and others in Englaml to join the colony, if hereditary rank and privileges were conceded. 
Hutchinson (History, i. 501) copies a letter from Eev. John Cotton to Lord Say, in 103C, wherein 
he cites this establishment of a council for life, as intended as a concession to liim. But the 
popular feeling was opposed to the plan, and it was dropped i'lformally, though for a year or two 
some duties were imposed on these three members. — W. H. W. 



Introduction. 7 

rejection, as the Court shall adjudge. And it is also ordered, that the said 
persons shall survey all the orders already made, and reduce them into as few- 
heads as they may, and present them unto the General Court for approbation 
or refusal as aforesaid." 

The next step is shown by the order passed by the General 
Court, Kov. 5, 1639 (Records, i. 279), viz.: — 

"It is ordered that the Governor [J. "Winthrop], Deputy Governor 
[Thomas Dudley] , Treasurer and Mr. Stoughton or any three of them, with 
two or more of the deputies of Boston, Charlestown or Roxbury, shall peruse 
all those models which have been or shall be further presented to tliis Court, or 
themselves, concerning a form of government and laws to be established, and 
shall draw them up into one body, (altering, adding or omitting what they shall 
think fit,) and shall take order, that the same shall be copied out and sent to 
the several towns, that the elders of the churches and freemen may consider of 
them against the next General Court, and the charges to be defrayed by the 
Treasurer." 

The full meaning of this order and the cause of the endless 
delays are explained by Winthrop's memorandum under the date 
of November, 1639. It is as follows (History, i. 388-389) : — 

" The people had long desired a body of laws, and thought their condition 
very unsafe, while so much power rested in the discretion of magistrates. 
Divers attempts liad been made at former courts, and the matter referred to 
some of the magistrates and some of the elders ; but still it came to no effect ; 
for, being committed to the care of many, whatsoever was done by some, was 
still disliked or neglected by others. At last it was referred to ]Mr. Cotton and 
Sir. Nathaniel Warde, &c., and eacli of them framed a model, wliich were pre- 
sented to this General Court, aud by them committed to the Governor and 
Deputy and some others, to consider of, and so prepare it for the Court in the 
tliird month next. Two great reasons tliere were, which caused most of 
the magistrates and some of the elders not to be very forward in this matter. 
One was, want of sufficient experience of tiie nature and disposition of the 
people, considered witii the condition of the country and other circumstances, 
wliich made them conceive, that such laws would be fittest for us, which should 
arise pro re nata upon occasions, &c., and so the laws of England aud other 
states grew, and therefore the fundamental laws of England are called customs, 
consuetudines. 2. For tliat it would professedly transgress the limits of our 
charter, which provide, we shall make no laws repugnant to the laws of Eng- 
land, and that we were assured w-e nuist do. But to raise up laws by practice 
and custom had been no transgression ; as in our church discipline, and in mat- 
ters of marriage, to make a law tliat marriages shall not be solemnized by min- 
isters, is repugnant to the laws of England ; but to bring it to a custom by 



8 Introduction. 

practice for the magistrates to perform it, is no law made repugnant, &c. At 
length (to satisfy the people) it proceeded, and the two models were digested 
with divers alterations and additions, and abbreviated" and sent to every town, 
(12) to be considered of first l)y tlie magistrates and ciders, and then to be 
publislied by the constables to all the people, that if any man sliould think fit, 
that any thing therein ought to be altered, he might acquaint some of the dep- 
uties therewith against tlie next Court." 

AVe have here the evidence of a most competent Avitness, that 
the delay m framing a code of laws was intentional on the part of 
the magistrates and elders. It is also clear that two schemes were 
framed, one hy Kev. John Cotton and the other by Rev. Xathaniel 
"Ward, and, fortunately, both documents are extant. As already 
stated, Cotton's scheme was rejected; and yet, having been put in 
pi-int imder a false title, it has long enjoyed an undeserved credit. 
The plan proposed by "Ward, possibly amended by the towns or 
the General Court, was adopted in IGil, was known as the Body of 
Libei'ties, and is the foundation of the legislation of Massachusetts. 

This fact, herein fully set forth and verified, ought to restore 
this inestimable document to its proper place, to serve as the 
basis for all future citations of our laws. 

The few remaining entries in regard to Ward's Body of 
Liberties may noAV be cited. At the General Court, ]\fay ]3, 16iO 
(Records, i. 292-293), it was voted: — 

" Whereas a Brc^iate of LaMs was formerly sent forth to be considered by 
the elders of the churches and other freemen of tlie Commonwealth, it is now 
desired, tliat they will endeavour to ripen their tiioughts and counsels about tlie 
same by the general court in the next Sth month." 

At the General Court, June 2, 1G41 (Records, i. 320) : — 

"The Governor [Kichard Bcllingham] is appointed to peruse all the laws, 
and take notice what may be fit to be repealed, wliat to be certified, what to 
stand, and make return to tiie next General Court." 

* TliL'se manuscript copies were made by Tliomas Lecliford, as appears liy lils " Xoto- 
Book" (Uoston, 1SS5, pp. 237-S). He enters. " I writt 5 copies more of the Lawes for the 
Country by tlie direction of our Governor. 11. 8, 1639. Seven of tlieni anil tlie former had 3 
lawes added. A Coppic of the Abstract of the Lawes of Kew England delivered to the Governor, 
11. lo. 1C.39. And 12 coppies of the said Lawes first delivered, viz'., in 10 last. For writing a 
Coppy of the breviat of tlie body of Lawes for the Country. 12. 5. 39. The 3 lawes added to 
the Copie of Lawes for Dorchester, delivered to the Constable, 12. G. 1039. The 3 lawes added 
to 4 more of the said Coppies brouglit by the marshal!. 12. 11. 39. Three Copyes of the said 

breviat delivered to the Governor besides the first, 12. 12. 1039 One coppy of the 

said breviato delivered to Jlr. Bcllingham, with one coppy of the originall Institution and 
limitation of the Councell, 12. 17. 1039. Seven coppyes more of the said breviate. — W. H. W. 



Introduction. 9 

At the General Court October 7, IGil (Records, i. 340) : — 

"The Governor [Bellinghani] and Mr. Hawthorne were desired to speak 
to Mr. Ward for a Cojiy of the Liberties and of the Capital laws to be trans- 
cribed and sent to the several towns." 

Subsequently at the same Court, under the date of December 
10, 1641, is the following entry (Records, i. 344) : — 

" Mr. Deputy Endicot, Mr. Downing, and Mr. Hawthorne are authorized 
to get nineteen Copies of the Laws, Liberties and tiie forms of oaths transcribed 
and subscribed by their several hands, and none to be authentic but such as 
they subscribe, and to be paid for by the Constable of each Town, ten siiillings 
a