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Chapter 5: civil History.
Arrival of Shepard's company, and some of their names.
-- New municipal officers.
-- New division of lands.
-- monthly meetings.
-- ferry.
-- Lectures.
-- Cow Common.
-- goats.
-- herd of cows.
-- weir for taking alewives.
-- herd on the south side of the river.
-- herd of swine.
-- fowls not permitted to enter gardens.
-- cartway to the weir.
-- pound.
-- Stumps.
-- neither houses nor lands to be sold or let, without consent of the Townsmen.
-- strangers not to be harbored.
-- grant of land to the
Drummer.
--
Fort Hill.
-- grant of land at
Vine Brook.
-- swine to be yoked and ringed.
-- apple trees and other quickset to be preserved from damage by goats.
-- Births, marriages, and burials to be recorded.
-- Farms granted.
-- grant of money by the General Court for a College.
-- organization of the militia.
-- the
College to be at
New Town.
--
Marshal General.
-- the
New Town named
Cambridge.
--
printing-press.
-- Bond of
Stephen Daye to
Jose Glover.
It has already been mentioned in the preceding chapter, that
Mr. Hooker and a large proportion of his church removed from
New Town in 1635 and 1636; and that
Mr. Shepard with another company purchased their houses and lands.
Among “the reasons which swayed him to come to
New England,”
Mr. Shepard says in his Autobiography, “Divers people in Old England of my dear friends desired me to go to
New England there to live together, and some went before and writ to me of providing a place for a company of us, one of which was John Bridge, and I saw divers families of my Christian friends, who were resolved thither to go with me.”
Accordingly “in the year 1634, about the beginning of the winter,” he embarked at
Harwich, having with him “brother Champney,
Frost,
Goffe, and divers others, most dear saints,” who afterwards were inhabitants of
Cambridge.
They were driven back by stress of weather, and the voyage was abandoned.
But “about the 10th of August, 1635,” he again embarked; “land so the
Lord, after many sad storms and wearisome days and many longings to see the shore, brought us to the sight of it upon Oct. 2, 1635, and upon Oct. the 3d, we arrived with my wife, child, brother Samuel,
Mr. Harlakenden,
Mr. Cooke, &c., at
Boston.—When we had been here two days, upon Monday Oct. 5, we came (being sent for by friends at
Newtown) to them, to my brother
Mr. Stone's house; and that congregation being upon their removal to
Hartford at
Connecticut, myself and those that came with me found many houses empty and many persons willing to sell, and here our company bought off their houses to dwell in until we should see another place fit to remove into; but having been here some time, divers of our brethren did desire to sit still and not to remove farther, partly because of the fellowship of the churches, partly because they thought their lives were short and removals to near plantations full of troubles, partly because they found
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sufficient for themselves and their company,”
1 Besides those who are here named by
Mr. Shepard, another
Mr. Cooke and
William French came in the same ship (
The Defence) with him; and the larger portion of those whose names first appear in 1635 and 1636 may safely be regarded as members of his company, to wit:—
Immediately after the arrival of
Mr. Shepard's company, they became prominent in municipal affairs, although the larger part of
Mr. Hooker's company did not remove until six months afterwards.
I quote again from the
Town Records:—
Nov. 23, 1635.
At a
general meeting of the whole town, there was then chosen, to order the business of the whole town for the year following, and until new be chosen in their room,
Mr. Roger Harlakenden,
William Spencer,
Andrew Warner,
Joseph Cooke, John Bridge,
Clement Chaplin,
Nicholas Danforth,
Thomas Hosmer,
William Andrews: which nine men are to have the power of the
Town as those formerly chosen had, as may appear in the order made the 3d Feb. 1634.
（1634-5.)
Further, there was chosen and sworn
William Andrews, constable for the year following, and until a new be chosen.
Further, there was then chosen for the year following
Barnabas Lambson to be surveyor of the highways.
It is further ordered, That the
Town Book shall be at William Spencer's house.
With a change of government came a change of customs.
Some of the common planting fields became private property.
Thus the Old Field, containing about sixty-three acres, was divided between
Edward Goffe,
Samuel Shepard, and
Joseph Cooke.
Small-lot-Hill, in like manner, passed into fewer hands.
Farms were granted to such as desired them, both on the south side of the
River, and in the territory now embraced in
Arlington and
Lexington.
Much the larger portion of the inhabitants continued to reside in the “town,” and “West end,” very few venturing beyond the line of Sparks, Wyeth, and Garden Streets; but provision was made for the suitable care of their cattle, on the commons, by keepers specially appointed.
Rules were adopted to promote the comfort and convenience of the inhabitants, and to protect them against annoyance by undesirable
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associates.
A few extracts from the Records may help to exhibit their condition.
Dec. 7, 1635.
It is ordered, That the monthly meeting, every first Monday [in the month], according to the first order, shall [be continued;] and whosoever appears not within half an hour after the ringing of the bell, shall pay for the first day vid., and [for the second] day xiid., and so to double it every day, [unless he have] a just excuse, such as may give satisfaction to the rest of the company.
71
It is further ordered, That there shall be a sufficient bridge made down to low-water mark on this side the
River, and a broad ladder [set up] on the farther side the
River, for convenience [of] landing; and
Mr. Chaplin,
Mr. Danforth and
Mr. Cooke to see it made.
72
Jan. 4, 1635-6,
It is ordered, That
Mr. Joseph Cooke shall keep the ferry, and have a penny over, and a half a penny on Lecture days.
73
It is further ordered, That there shall be a double rail set up from the
Pine Swamp fence to West-end
Field fence, for the
milch cows to lie in, on nights, and that no other cattle whatever to go there, either swine, goats, mares, or the like.
74
Feb. 8, 1635-6,
Agreed with
Mr. Chapline, that his man
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shall keep the goats, and to have three half pence a week for one goat, and a penny a week for wethers or kids; to begin next Monday.
March 1, 1635-6.
Agreed with
Richard Rice to keep 100 cows for the space of three months, to begin when he shall be appointed; and is to have ten pounds paid him within ten days after the ships be come in, or in June.
Also he is to have 2 men to help him keep them the first 14 days, and one man the next 7 days; also to have them kept 2 sabbath days, and he one, during the time.
Also he is to fetch the cows into the town every morning out of the common, half an hour after the sun is up, at the farthest, and to bring them into the town half an hour before the sun goeth down, and to pay IIId. a cow for every night he leaveth out any. Also he is not to keep any cattle for any man except he have leave from the Townsmen, upon the forfeiture of vs. a cow he shall so keep.
Also he hath liberty to keep his own heifer without pay.
Agreed with
John Clarke to make a sufficient weir to catch alewives upon Menotomies River in the bounds of this town, before the 12th of April next, and shall sell and deliver unto the inhabitants of the town and no other, except for bait, all the alewives he shall take at IIIs., 6d. per thousand, and shall at all times give such notice to the persons that shall be appointed to fetch them away as he shall be directed, who shall discharge the said
John Clarke of them within 24 hours after notice, or else he to have liberty to sell them to whom he can. Provided, and it is the meaning of the Townsmen, that if any shall desire to have some to eat before the great quantity cometh, then he is to have iid. a score and fetch them there, or IIId. a score and he bring them home.
Further the Townsmen do promise in the behalf of the town to make good all those fish that he shall be damnified by the Indians, that is, shall himself deliver unto them, being appointed before by the Townsmen how many he shall deliver.
Also to save him harmless from any damage he shall sustain by Wattertowne, provided it be not his own fault.
He is to have his money within 14 days after he hath done fishing.
March 13, 1635-6
Agreed with
William Patten to keep 100 cattle on the other side the
River for the space of seven months, to begin when the
Town shall appoint him, and to have twenty pounds, the one half paid him in money when he hath keep half his time, and the other half in corn when he hath done keeping, at the price which the common rate of corn goeth when
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he is to be paid.
And he is to have a man to help him the first 14 days, he paying him for one week, the
Town for the other; also he is to lodge there except once a week, and to have a man to keep them every other sabbath day; and he to pay xs. a beast for every beast he shall lose; and to keep no cattle of any man, except the Townsmen give leave, upon the forfeiture of 5s. a head for every head he shall so keep.
The hog-keeper began to keep on the first of April, being the fifth day of the week, at 10s. per week so long as the Townsmen please to have him keep them; and he is to keep them at Rocky Meadow.
April 4, 1636.
Agreed with
John Talcott and
William Wadsworth to have their house at Rocky Meadow this year, for the hog-keeper to abide in; and they are to have their cattle go free from paying towards the pound for dry cattle this year.
It is ordered, That
Richard Rice shall begin to keep the cows the 11th of April, 1636.
It is ordered, That
William Pattine shall begin to keep the dry cattle the 14th of April.
Ordered, That whosoever finds a cock, hen, or turkey, in a garden, it shall be lawful for them to require three pence of the owner; and if they refuse to pay, then to kill the same.
Andrew Warner and
Joseph Cooke to make a rate for the division of the alewives.
75
April 23, 1636.
Agreed with
Andrew Warner to fetch home the alewives from the weir; and he is to have xvid. a thousand, and load them himself, for carriage; and to have power to take any man to help him, he paying of him for his work.
Andrew Warner appointed to see a cartway made to the weir.
William Reskie appointed to make a pound.
Oct. 3, 1636.
Agreed with
Mr. Cooke to take up all the stubs that are within the bounds of the town, that is, within the town gates;
76 and he is to have ixd. apiece for taking up the same,
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and filling up the holes, all above III.
inches [deep], which he is to do before the first of December, or else to forfeit 5
l.
Dec. 5, 1636.
Ordered, That no man inhabiting or not inhabiting within the bounds of the town shall let or sell any house or land unto any, without the consent of the Townsmen then in place, unless it be to a member of the congregation; and lest any one shall sustain loss thereby, they shall come and proffer the same unto them, upon a day of the monthly meeting, and at such a rate as he shall not sell or let for a lesser price unto any than he offereth unto them, and to leave the same in their hands, in liking, until the next meeting day in the next month, when, if they shall not take it, paying the price within some convenient time, or provide him a chapman, he shall then be free to sell or let the same unto any other, provided the Townsmen think them fit to be received in.
Ordered, That whosoever entertains any stranger into the town, if the congregation desire it, he shall set the town free of them again within one month after warning given them, or else he shall pay 19s. 8d. unto the townsmen as a fine for his default, and as much for every month they shall there remain.
There is granted unto
Frances Greshold, the
Drummer, 2 acres of land, lying at the end of Barnebe Lambson's pale towards
Charlestowne, in regard of his service amongst the soldiers upon all occasions, as long as he stayeth, with condition, if he depart the town and leave off that service within two years, he shall leave it unto the town at the charge it hath cost him in building and enclosing.
Jan. 2, 1636-7.
It is granted unto
Joseph Cooke to have the hill by his house, which have been hitherto preserved for a place to build a fort upon for defence, with all the lane leading thereunto; provided if the town shall ever make use of it for that end, he shall yield it again; or else to remain to him and his heirs forever.
77
Granted to
Mr. Richard Harlakingden six hundred acres of upland and meadow, at the place called
Vine Brook, in the midway between Newtowne and
Concord, upon condition he sendeth over his man, or ordereth that some other may build upon it and
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improve it for him the next summer after this next ensuing, and now, this spring, [give] certain intelligence he will do so; and upon condition likewise that he cometh himself the next summer after being the third from this time; and if he shall fail in all or any one of these three conditions, then this grant to be void.
78
Jan. 14, 1638-9.
Ordered, there being found much damage done by swine in this town, since the order of the General Court was repealed, and they left at liberty for each town to order,— it is therefore ordered, at a
general meeting of the Townsmen, with a general consent of the inhabitants then present, that is to say, that none, either rich or poor, shall keep above two swine abroad on the common, one sow hog and a barrow, or 2 barrows; and these to be sufficiently yoked and ringed, after the judgment of the two brethren that are appointed to see to the execution of this order, and to bring in a note of such defaults as they find.
And if any be found defective, to break this order, either by keeping more than 2 hogs, and such hogs, so let abroad, if not sufficiently [yoked and ringed] after the order, shall pay for every breach of this order 2s., unless in case there should be any failing by unexpected providence, and can be so proved by sufficient evidence; in that case there may be mitigation of this fine, otherwise to take place without all excuses, to the end that each man and this commonweal may be preserved from damage by that creature in this our town.
Oct. 1, 1639.
Ordered, for the preservation of apple-trees and all other kind of quick-set, in men's yards or elsewhere, and for preventing all other damage by them and harm to themselves by skipping over pales, That no goats shall be suffered to go out of the owner's yard without a keeper; but if it appeareth to be willingly, they shall pay unto any one that will put them to pound two pence for every goat, beside damage and poundage.
And because the charge would be too great if only a part of them be kept, it is therefore also ordered, that whosoever shall not put forth their goats shall notwithstanding pay to the keeper within one third part as much for every goat as they that do put them out, until the first of March; and after that day, to the full as much as any do for those that are with the herd.
March, 1639-40.
Ordered, That
William Towne shall register
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every birth, marriage, and burial, according to the order of Court in that case provided, and give it in, once every year, to be delivered by the Deputies to the
Recorder; and shall gather for every particular entrance 1 penny for the
Recorder's fees, and xiid. for himself.
——1640.
Granted unto
Joseph Cooke a farm of 400 acres of the nearest upland adjoining to his meadow lying beyond
Cheesecake Brook79 and between that and
Charles River; and also liberty to go with a straight line, (on the hithermost side of his meadow on this side
Cheesecake Brook), down by the edge of the highland, to
Charles River.
At the same meeting grants of farms were made to other persons, to wit: to
Samuel Shepard 400 acres adjoining and beyond the farm of
Joseph Cooke; to
Capt. George Cooke, 600 acres; to
Edward Goffe, 600 acres; to John Bridge, 350 acres; severally “about the outside of the bounds between Watertowne,
Concord, and
Charlestowne.”
During this period, the General Court passed several orders, affecting the comfort and prosperity of the people dwelling here:—
Oct. 28, 1636.
The
Court agreed to give 400
l. towards a school or college, whereof 200
l. to be paid the next year, and 200
l. when the work is finished, and the next Court to appoint where and what building.
80
Dec. 13, 1636.
It is ordered, That all military men in this jurisdiction shall be ranked into three regiments, viz.,
Boston, Roxberry,
Dorchester, Weimoth,
Hingham, to be one regiment, whereof
John Winthrope, senior,
Esquire, shall be colonel, and
Tho. Dudley, Esquire, lieftenant colonel:
Charlestowne, Newetowne, Watertowne,
Concord, and Deddam, to be another regiment, whereof
John Haynes,
Esqr. shall be colonel, and
Roger Herlakenden Esqr. lieftenant colonel:
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Saugust,
Salem,
Ipswich, and Neweberry, to be another regiment, whereof
John Endecot Esqr. shall be colonel, and
John Winthrope, junior, leiftenant colonel:
And the
Governor for the time being shall be chief general.
81
March 9, 1636-7.
For Newetowne,
Mr. George Cooke chosen captain;
Mr. Willi:
Spencer, leiftenant;
Mr. Sam:
Shepard, ensign.
82
Nov. 15, 1637.
The
College is ordered to be at Newetowne.
83
Nov. 20, 1637.
For the
College, the
Governor,
Mr. Winthrope, the Deputy,
Mr. Dudley, the
Treasurer,
Mr. Bellingham,
Mr. Humfrey,
Mr. Herlakenden,
Mr. Staughton,
Mr. Cotton,
Mr. Wilson,
Mr. Damport,
Mr. Wells,
Mr. Sheopard, and
Mr. Peters, these or the greater part of them, whereof
Mr. Winthrope,
Mr. Dudley, or
Mr. Bellingham, to be alway one, to take order for a College at Newetowne.
Edward Michelson, being appointed marshall of the
Court, is appointed to have for any execution 12d.
in the pound for the first ten pounds, and 6d. in the pound to 40
l., and after, 3d.
in the pound to a hundred pounds, and 1d. in the pound for all above 100
l., to be paid out of the estate which the execution is served upon.
For every attachment of goods or persons the marshall is to have 2
s. 6d.; and if he goeth any way, he is to have 12d.
a mile beside.
And the marshall is to have 2
s. 6d. for every commitment in Court, and 10
l. stipend for this year to come.
84
May 2, 1638.
It is ordered, That Newetowne shall henceforward be called
Cambridge.
85
Dec. 4, 1638.
The town of
Cambridge was fined 10s. for want of a watch-house, pound, and stocks; and time was given them till the next Court.
86
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March 13, 1638-9.
It is ordered, That the
College agreed upon formerly to be built at
Cambridge shall be called Harvard College.
87
Under date of March, 1639,
Winthrop says, “a printing-house was begun at
Cambridge by one
Daye, at the charge of
Mr. Glover, who died on sea hitherward.
The first thing which was printed was the freeman's oath; the next was an almanac made for
New England by
Mr. William Peirce, mariner; the next was the Psalms newly turned into metre.”
88 Many years ago, the late
Thaddeus William Harris, M. D., then Librarian of Harvard College, gave me a copy of an ancient document preserved in the archives of that institution, which manifestly relates to this affair, though, perhaps for prudential reasons, no mention is made in it concerning printing.
It is a bond in the usual form, given by Stephen Day
89 of
Cambridge, county of
Cambridge, locksmith
90 to
Josse Glover,
91 clerk, in the penal sum of one hundred pounds, and dated June 7, 1638.
The condition is thus stated:
The condition of this obligation is such, that, whereas the above named Josse Glover hath undertaken and promised to bear the charges of and for the transportation of the above bounden Stephen Day and Rebecca his wife, and of Matthew92 and Stephen Day, their children, and of William Bordman,93 and three menservants, which are to be transported with him the said Stephen to New England in America, in the ship called the John of London; and whereas the transportation of all the said parties will cost the sum of forty and four pounds, which is to be disbursed by the said Joos Glover; and whereas the said Joos Glover hath delivered to the said Stephen Day kettles and other iron tools to the value of seven pounds, both which sums amount to the sum of fifty and one pounds; If,
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therefore, the said Stephen Day do and shall with all speed94 ship himself and his said wife and children and servants, and the said William Bordman in the same ship, and cause him and themselves to be transported in the said ship to New England aforesaid, with as much speed as wind and weather will permit; and also if the said Stephen Day, his executors, administrators or assigns do truly pay or cause to be paid to the said Josse Glover his executors or assigns the sum of [fifty] and one pounds, of lawful [money of] England within twenty and four months next after the arrival of the said Stephen Day the father in New England aforesaid, or within thirty days next after the decease of the said Stephen Day the father, which of the said times shall first and next happen to come or be after the date above written; and also if the said Stephen Day the father and his servants and every of them do and shall from time to time labor and work with and for the said Josse Glover and his assigns in the trade which the said Stephen the father now useth in New England aforesaid, at such rates and prices as is usually paid and allowed for the like work in the country there; and also if the said Stephen the father, his executors or administrators, do and shall, with the said sum of fifty and one pounds, pay and allow unto the said Joos Glover, his executors or assigns, for the loan, adventure and forbearance of the same sum, such recompense, damage and consideration as two indifferent men in New England aforesaid, to be chosen for that purpose, shall think fit, set down, and appoint; and lastly, if the said Joos Glover, his executors and assigns shall and may from time to time detain and take to his and their own uses, towards the payment of the said sum of money, and allowances aforesaid, all such part and so much of the wages and earnings which shall be earned by the works and labors aforesaid, (not exceeding the principal sum aforesaid) as the said Joos, his executors or assignes shall think fit; that then this obligation to be void, or else it to stand in force and virtue.
