Part 3

There can be no doubt that it became necessary, as early as possible, for the settlers to seek means for their future subsistence. The stock and supply of provisions brought over were, no doubt, for a time and under certain regulations, a common stock; and possibly some of Gov. Winthrop's party had supplies of their own in addition thereto. But, at all events, prudence and self-preservation required immediate attention to the cultivation of the soil and the raising of corn and other grains.

In 1628 (1629), before the arrival of Gov. Winthrop and his company at Charlestown, the place had been occupied by the Spragues, from Salem, under the direction of Mr. Graves, an agent of the company; and one of the first things they did was "to model and lay out the form of the town, with streets about the hill," which was approved by Gov. Endicott. They next "jointly agreed and concluded that each inhabitant have a two acre lot to plant upon and all to fence in common." The same year Mr. Graves wrote to England, "The increase of corne is here farre beyond expectation," showing that it had been grown, and most probably in the common cornfield; for it is afterwards said that Thomas Walford "lived on the south end of the westermost hill of the East Field." Another vote was passed the next year, 1630,--probably before the arrival of Gov. Winthrop,--that each person "dwelling within the neck, shall have two acres of land for a house plot, and two acres for every male that is able to plant."

In the months of June and July, 1630, Gov. Winthrop and his party arrived at Charlestown, after a passage by some of the ships of seventeen or eighteen weeks, many of them sick of the scurvy. "The multitude set up cottages, booths and tents about the Town Hill;" and it is said "provisions were exceedingly wasted, and no supplies could now be expected by planting; besides, there was miserable damage and spoil of provisions at sea." Many of the party died,--some two hundred before December,--and others started out for other locations; and finally in September, 1630, by the invitation of Mr. Blackstone, the larger part of Gov. Winthrop's party crossed the river to Boston. This year there was a scarcity of corn, as will be seen by the following extract from Hutchinson's history:--

"In August, 1724, John Quttamug, a Nipmug Indian, came to Boston, above 112 years of age. He affirmed that in 1630, upon a message that the English were in want of corn, soon after their arrival, he went to Boston with his father, and carried a bushel and a half of corn all the way on his back; that there was only one cellar began in town, and that somewhere near the _Common_."

Wood, in speaking of Boston in 1639, says, "This place hath very good land, affording rich cornfields and fruitful gardens," which, no doubt, were in existence years before he wrote his book. In 1635, it was voted, "Each able man is allowed two acres, and each able youth one acre to plant." Provision of some sort on the subject was no doubt made before this time, and gradually reached the regulation here recorded. In 1633, great scarcity of corn is mentioned by Winthrop, as he says, "By reason of the spoil of our hogs, there being no acorns, yet the people lived well with fish and the fruit of their gardens."

Almost as a natural consequence of what has now been said, in March, 1636, we find that provision was made "for having sufficient fences to the Cornfielde before the 14th of the next second month (April); that for every defective rod then found, five shillings penalty;" and it was further provided, "The field toward Rocksberry to be looked into by Jacob Elyott and Jonathan Negoose; the Fort Hill, by James Penn and Richard Gridley; the Mylne field, by John Button and Edward Bendall, and the New Field by John Audley and Thomas Faireweather."

Thus it will be seen, if the rule adopted was carried out, that there were four or more large cornfields in Boston, and that the principal work of the people for a time was the raising of corn. At a later period parcels of corn were occasionally presented or sent to the governor by the Indians, who had their cornfields before the English people arrived. In fact, it is recorded in the next month after the arrival of Winthrop, that so much provision had been sold to the Indians for beaver, that food became scarce; and in October, 1630, a vessel was sent to the Narragansetts to trade, and brought home one hundred bushels of corn. In May, 1631, corn in Boston was ten shillings a bushel, as probably much was required for planting at this time. In August, 1633, a great scarcity of corn was reported; and in November, the next year, a vessel arrived from Narragansett with five hundred bushels of Indian corn. It is very clear that corn was very early, and for some time, the great dependence of the settlers.

In Plymouth Colony, in 1630, the salary of the messenger of the General Court was thirty bushels of corn. In 1685, the secretary's wages was fifteen pounds a year, payable in corn at two shillings per bushel. In 1690, "one third the Governor's salary ordered to be paid in money, the rest in corne."

In 1637, April 16, "all the fences and gates to be made up. Sargeant Hutchinson and Richard Gridley to look after the Fort Field; John Button, James Everett and Isaac Grosse, in the Mill Field; Wm Colburn and Jacob Elyott on the Field next Roxburie." Again, in 1640, March 30, "To look to the fences: Richard Fairbanks and William Salter the field towards Roxbury; Benj. Gillam and Edmd. Jacklyn, the Fort Field; Wm. Hudson and Edward Bendall the New Field; Mr. Valentine Hill and John Button, the Mill Field."

Dr. Shurtleff, in his "Topographical and Historical Description of Boston," enumerates five fields as follows, and speaks of them as ungranted lands: "The land around Copps' Hill, was known as the Mylne Field, or Mill Field; that around Fort Hill, the Fort Field; that at the Neck, the Neck Field, or the Field towards Roxbury; that where Beacon Hill Place now is, Centry Hill Field, and that west of Lynde Street, and north of Cambridge, the New Mill Field, or the New Field." And to show that these were not waste lands or pastures, the writer enumerates the various pastures for cattle, besides the privileges at Muddy Brook and Winnisimmet, as follows: "Besides the fields there were many pastures, so called: Christopher Stanley's was at the North End, covering the region of North Bennet Street, between Hanover and Salem Streets; Buttolph's was south of Cambridge Street; Tucker's, in the neighborhood of Lyman Street; Rowe's, east of Rowe Street; Wheeler's, where the southerly end of Chauncy Street is; Atkinson's, where Atkinson Street was a few years ago, and where Congress Street now is." And besides these he names Leverett's on Leverett Street; Middlecott's on Bowdoin Street; another on Winter and Tremont Streets, and, as he says, "a very large number of other great lots."

And strange to say, in all this history, contemporary or modern, in only a single instance, so far as we know, are these fields or any one of them spoken of as a "cornfielde," and that is in the order of 1636, above quoted. There is, however, one other reference to them made, in 1657, in the body of instructions prepared for the selectmen to guide them in the discharge of their duties: "Relying on your wisdom and care in seeking the good of the town, we recommend that you cause to be executed all the orders of the town which you have on the records," &c., "as found in the printed laws under the titles Townships, Freeman, Highways, Small Causes, Indians, Cornfields," &c., which would assuredly show that there were cornfields in the town, distinct from pastures or waste lands, undoubtedly laid out and divided among the people, as already indicated, for their special cultivation.

If, as we believe, the "fields" enumerated were cornfields, and cultivated in the manner suggested,--at first one field, and year by year, as necessity should require, a new field added,--there would naturally become, among a people situated as they were, a necessity for a granary for the storing and preservation of their crops. Consequently, in the enumeration of public buildings in Boston at a later period, we find mentioned "a public granary." The burying-ground on Tremont Street, known as the Granary Burying-Ground, was laid out on land taken from the Common in 1660, and, of course, took its name from the granary, which was built soon after on what was afterwards Centry Street, and now Park Street. Shurtleff says the land was first taken for the purpose, and "then, when the need came, a building, eighty feet by thirty feet, for a public granary, was erected, and subsequently, in 1737, removed to the corner, its end fronting on the principal street (Tremont). It stood until 1809, when it gave place to Park Street Church." So that, though latterly for some years used for another purpose, the granary stood in Boston for more than one hundred and forty years. It is described as a long wooden building, and was calculated to hold twelve thousand bushels of corn.

In 1733, it would seem that corn or other grain continued to be grown in Boston, as in October of that year it was determined to erect a granary at the North End, "not to exceed £100" in cost. In the records of the selectmen, it is called a meal-house, and John Jeffries, Esq., and Mr. David Colson, two of the selectmen, were to contract for the work on a piece of land near the North Mill, belonging to the town.

So that at what time the cultivation of corn ceased in Boston, it is impossible to tell; but it would seem, from the necessity for a new granary in 1733, that it must have continued for considerably more than a hundred years after the settlement of the town.

IV.

PURITAN GOVERNMENT.

The early government of the Puritans in Boston was a sort of extemporary government, or, as it has been described, "temporary usurpation,"--a government of opinions and prejudices, and in small sense a government of law. It had some of the features of a family government, without system or order. If the inhabitant offended, or did any thing which was not thought proper by the Church, the assistants, or anybody else, fine or punishment was pretty sure to follow. To be sure there was the Massachusetts Colony Charter somewhere; but it is singular that the copy of it found among Hutchinson's papers, and since printed, is certified to be a "true copy of such letters patents under the great seal of England," by John Winthrop, Governor, dated "this 19th day of the month called March, 1613-1644." This verbose and peculiar document gives authority to the company in the matter of government in the following elaborate form:--

"And wee do of our further grace, certaine knowledge and meere motion give and grant to the said Governor and Company and their successors, that it shall and may be lawfull to and for the Governour or deputy Governor and such of the Assistants and Freemen of the said Company for the tyme being as shall be assembled in any of their generall courts aforesaid, or in any other courts to be specially summoned and assembled for that purpose, or the greater part of them (whereof the Governour or deputy Governor and sixe of the Assistants to be always seven) from tyme to tyme to make, ordaine and establish all manner of wholesome and reasonable orders, lawes, statutes and ordinances, directions and instructions not contrary to the lawes of this our realme of England, as well for the settling of the formes and ceremonies of government and magistracie fitt and necessary for the said plantation and the inhabitants there, and for nameing and styling of all sorts of officers both superiour and inferiour which they shall find needful for that government and plantation, and the distinguishing and setting forth of the severall duties, powers and limits of every such office and place, and the formes of such oathes warrantable by the lawes and statutes of this our realme of England as shall be respectively ministred unto them, for the execution of the said several offices and places, as also for the disposing and ordering of the elections of such of the said officers as shall be annuall, and of such others as shall be to succeed in case of death or removall, and ministring the said oathes to the new elected officers, and for imposition of lawfull fynes, mulcts, imprisonment or other lawfull correction, according to the course of other Corporations in this our realme of England, and for the directing, ruleing and disposeing of all other matters and things whereby our said people inhabiting there may be so religiously, peaceably and civily governed, as theire good life and orderly conversation may winne and incite the natives of that country to the knowledge and obedience of the onely true God and Saviour of mankind and the christian faith, which in our royall intention and the adventurers free profession is the principal end of this plantation."

The charter goes on to give authority to commanders, captains, governors, and all other officers for the time being, "to correct, punish, pardon, govern and rule all such the subjects of us, our heires and successors, as shall from tyme to tyme adventure themselves in any voyage thither or from thence, or that shall at any tyme hereafter inhabit within the precincts and parts of New England aforesaid, according to the orders, lawes, ordinances, instructions and directions aforesaid, not repugnant to the laws and statutes of our realme of England as aforesaid." And in order to make the laws of these officers known, it is provided, as printing would not be practicable, that they shall be "published in writing under theire common seale."

But it would seem, notwithstanding, that the authority exercised by the company was at first executive rather than legislative; and Mr. Savage remarks, that the body of the people "submitted at first to the mild and equal temporary usurpation of the officers, chosen by themselves, which was also justified by indisputable necessity." The first "Court of Assistants" was held at Charlestown, Aug. 23, 1630; and the first thing propounded was, "how the ministers shall be maintained," and it was determined, of course, at the public charge. Gov. Winthrop, Lieut.-Gov. Dudley, and the assistants were present; and this body carried on the government--what there was of it--"in a simply patriarchal manner," until "the first General Court or meeting of the whole company at Boston, 19 October," 1631, and this was held "for the establishing of the government." It was now determined that "the freemen should have the power of choosing assistants, and from themselves to choose a Governor and Lieut. Governor, who with the assistants should have the power of making laws and choosing officers to execute the same." This is the brief history of the origin of a local government in the colony of Massachusetts Bay, if it may be so called. It was autocratic for the first year and afterwards, although fully assented to by a general vote of the people.

At first, of course, there were no laws; and punishments were adjudged and inflicted, under the authority of the charter, not only for trivial matters, as they would be now considered, but for very questionable, if not ludicrous, matters,--and all this, it would seem, without respect of persons: for, as early as Nov. 30, 1630, at a court, it was ordered that one of the assistants be fined five pounds for whipping two persons without the presence of another assistant, contrary to an act of court formerly made; so that this very early exercise of authority was not under a law made after the fact. At the same court another person was sentenced to be whipped for shooting a fowl on the sabbath day; and this, probably, was _ex post facto_. In 1631, a man was fined five pounds for taking upon himself the cure of scurvy by a water of no value, and selling it at a dear rate; to be imprisoned until he paid the fine, or whipped. In 1632, the first thief was sentenced to lose his estate, pay double what he had stolen, be whipped, bound out for three years, and after that be dealt with as the court directs. Other offences, or what not, were punished by "taking life and limb, branding with a hot iron, clipping off ears," &c. Indians also were proceeded against, in many cases by fines, penalties, and punishments.

John Legge, a servant, was ordered "to be whipt this day [May 3, 1631] at Boston, and afterwards, so soon as convenient may be, at Salem, for striking Richard Wright." Richard Hopkins was ordered to be severely whipped, and branded with a hot iron on one of his cheeks, for selling guns, powder, and shot to the Indians. Joyce Bradwick was ordered to pay Alexander Beck twenty dollars for promising marriage without her friends' consent, and now refusing to perform the same. This was in 1632, and is undoubtedly the first breach-of-promise case that had occurred in the colony.

It was ordered if any one deny the Scriptures to be the word of God, to be fined fifty pounds, or whipped forty stripes; if they recant, to pay ten pounds, and whipped if they pay not that. A man, who had been punished for being drunk, was ordered to wear a red D about his neck for a year.

The case of one Knower, at Boston, 1631, is spoken of as curious, showing that the court, usurper and tyrant as it was, had no intention of being slighted, underestimated, or intimidated. "Thomas Knower was set in bilbows for threatening the Court, that if he should be punished, he would have it tried in England, whether he was lawfully punished or not." And for this he was punished.

1631.--Philip Radcliffe, for censuring the churches and government, has his ears cut off, is whipped and banished.

1636.--If any inhabitants entertained strangers over fourteen days, without leave "from those yt are appointed to order the Town's businesses," they were made liable to be dealt with by the "overseers" (before there were selectmen) as they thought advisable.

In 1637, "a law was made that none should be received to inhabit within the jurisdiction but such as should be allowed by some of the magistrates; and it was fully understood that differing from the religions generally received in the country, was as great a disqualification as any political opinions whatever." On this subject Judge Minot says, "Whilst they scrupulously regulated the morals of the inhabitants within the colony, they neglected not to prevent the contagion of dissimilar habits and heretical principles from without.... No man could be qualified either to elect or be elected to office who was not a church member, and no church could be formed but by a license from a magistrate."

In 1640, in the case of Josias Plaistow for stealing four baskets of corn from the Indians, he was ordered to return eight baskets, "to be fined £5, and to be called Josias, and not Mr. Josias Plaistow, as he formerly used to be."

A carpenter was employed to make a pair of stocks; and, it being adjudged that he charged too much for his work, he was sentenced to be put in them for one hour. A servant, charged with slandering the Church, was whipped, then deprived of his ears and banished. This punishment was deemed severe, and excited some remarks upon the subject.

A Capt. Stone was fined one hundred pounds and prohibited from coming into Boston without the governor's leave on pain of death, for calling Justice Ludlow a "just-ass." Another party, for being drunk, was sentenced to carry forty turfs to the fort; while another, being in the company of drunkards, was set in the stocks.

But finally the Court of Assistants began to make laws, or lay down rules of some sort. As for example: Every one shall pay a penny sterling for every time of taking tobacco in any place. In Plymouth Colony the law was less stringent: there a man was fined five shillings for taking tobacco while on a jury, before a verdict had been rendered. Absence from church subjected the delinquent to a fine of ten shillings or imprisonment. Any one entering into a private conference at a public meeting shall forfeit twelve pence for public uses. 1642, Mr. Robert Saltonstall is fined five shillings for presenting his petition on so small and bad a piece of paper; and this, it seems, was after it had been determined "that a body of laws should be framed which would be approved of by the General Court and some of the ministers as a fundamental code." Notwithstanding this, in all cases, like the above, where there was no law, one was made, or inferred, to meet the case; so that, after the establishment of a "fundamental code," there was about as much _ex post facto_ law as before. Among the laws or orders of the "fundamental code" was one, "that no person, Householder or others, shall spend his time unprofitably under paine of such punishment as the court shall think meet to inflict;" and "the constables were ordered to take knowledge of offenders of this kind," and, among others, especially tobacco-takers. Another was, "that no person either man or woman shall make or buy any slashed clothes, other than one slash in each sleeve and another in the back; also all cuttworks, imbroidered or needle workt caps, bands, vayles, are forbidden hereafter to be made or worn under said penalty--also all gold or silver girdles, hatbands, belts, ruffs, beaver hats, are prohibited to be bought or worn hereafter, under the aforesaid penalty," &c. The penalty is such punishment as the Court may think meet to inflict.

In addition to these, the code went still further in regulating the dress of women: "4th of 7th month [September, as the year began with March, until 1752], 1639, Boston. No garments shall be made with short sleeves, whereby the nakedness of the arm may be discovered in the wearing thereof;" and, where garments were already made with short sleeves, the arms to be covered with linen or otherwise. No person was allowed to make a garment for women with sleeves more than half an ell wide, and "so proportionate for bigger or smaller persons."

In the matter of currency, it was ordered, in 1634, "that musket balls of a full boar shall pass currently for farthings apiece, provided that no man be compelled to take above 12 pence at a time in them."

It would seem that some of these decisions, or the general character of the government, had caused some remark, as it was "ordered that Henry Lyn shall be whipt and banished the Plantation before the 6th day of October next, for writing into England falsely and maliciously against the government and execution of Justice here." "Execution of justice" is good, we should say.

Ward, in his "Trip to New England," a very coarse and abusive paper, published in London, in 1706, in a book called "London Spy," says, in Boston "if you kiss a woman in publick, tho' offered as a Courteous Salutation, if any information is given to the Select Members, both shall be whipt or fined." He relates, that "a captain of a certain ship, who had been a long voyage, happen'd to meet his wife, and kist her in the street, for which he was fined Ten Shillings, and forc'd to pay the Money. Another inhabitant of the town was fin'd Ten Shillings for kissing his own wife in his Garden, and obstinately refusing to pay the Money, endur'd Twenty Lashes at the Gun, who, in Revenge for his Punishment, swore he would never kiss her again either in Publick or Private."