Ye great and general courte in collonie times

Preface

The Author of this Book, Judge James Robinson Newhall, Lynn Historian, died on October 24th, 1893. At the time of his death this book was in plate ready for publication, and arrangements were being made for printing and binding. The Author was a practical compositor and printer as well as historian, and he himself set the type from which the plates were cast, completing his work when he was within a few months of eighty-four years of age. This and another work, " The Legacy of an Octogenarian," to be published later, were arranged and completed after he had passed his eightieth year. On page 206 he speaks of his work as a "labor of love," and this was characteristic of all his writings, as he gave faithfully and unselfishly of his time and labor in the research and arrangement of matters of local historical interest. This work is now published as carrying out the plan and intention of the respected Author, by

Israel Augustus Newhall.

Howard Mudge Newhall.

Lynn, Mass., December^ i8g6.

Contents

A

Affections, unlawfully seeking to win, punishment for, 350.

Ancient and Honorable Artillery, 99 to 107.

Chapter I. Historical And Descriptive

THE Great and General Court first assembled in Boston, in the autumn of 1630 : the Great and General Court — the rock and shield of the now blissful and boastful old Bay State, in its colonial infancy, its provincial youth, and its sovereign manhood : the Great and General Court — sometimes the scene of heroic struggles for true liberty and God-given rights, and sometimes the scene of sordid strivings and vain bluster.

It was a momentous occasion, and drew together, as well it might, all who could attend, from far and near — the patriotic, the curious, the idle — a few only, of the lame and the timorous shirks remaining behind. And divers Indians, too, from the neighboring tribes, came, imposingly bedecked with paint and feathers, anxious to be present at the first " Bi£- a* (9)

lO I. HISTORICAL AND DESCRIPTIVE.

Talk" as they called it, of the white men. Big Talk, forsooth ! It was one that might well have hidden its diminutive head if compared with the legislative talks of these latter days ; talks which have been growing bigger and bigger till half the year is hardly sufficient for the lingual gyrations. But there were some members of that rough-cast assembly whose renown will be forever green in our annals — Bradstreet, Dudley, Endicott, Ludlow, Nowell, Phichon, Saltonstall, Winthrop, among them.

The structure in which this Court, pregnant of such mighty interests, principles and promises, was held — this legislative body which by its annual renewals has been continued, with few interruptions, to our day, a beacon-light of political wisdom, though at times assuming rather the appearance of a revolving light — was somewhat different, both in itself and its surroundings from the stately edifice that now adorns Beacon Hill. But as one may be wise, and good, and great, as well in homespun as in purple and fine linen, so wisdom, goodness, and greatness may develop themselves as well under an unceiled roof as under a gilded dome.

The centre of a straggling pine grove, a little to the south-west of Copp's Hill was the site of the grotesque structure which the patriotic men of Boston had provided for the assembly, looking forward, doubtless, for remuneration, when the Court should convene. The prim old trees, as if conscious of the dignity of the occasion, had, by the aid of an opportune frost, prepared an aromatic carpet of brown, which a spirited wind had occupied the whole preceding night

I. HISTORICAL AND DESCRIPTIVE. II

in spreading all around, so yielding that the most soft-footed gravity might not be discomposed.

The day proved to be one of the most lovely of the whole of the blessed Indian-summer, which that year happened to be unusually protracted. A gentle breeze swept down from the south-west and the golden haze added a dreamy charm to the scarlet foliage of the maple, the brown of the oak, and orange of the walnut, which beautifully mingled with the deep green of the pine and hemlock. The scene was indeed sufficiently inspiring to even extort sundry appreciative grunts from the impassive Indians who were loitering about.

Of the structure itself a word should be said. It was low, and built of rough-hewn logs. Upon the inside, for some four feet upward, it had a sort of wainscoting of unplaned boards that had been wrought from the huge pines which so lately occupied the site, the good people of Salem, who owned the only big saw in the Colony, having, after a protracted negotiation, consented to lend that useful implement for the occasion. There was a small window upon each side, glazed with diminutive panes, so knotty and wavy that when one without looked in, he would see an assembly of giants and dwarfs, some leaning this way and some that, and some on their very heads ; and when one within looked out, he would see trees dancing fantastic jigs, in all sorts of postures, and rocks, water, and clouds, in the oddest jumbles. In short, they distorted every thing viewed through them, to as great an excess as any principle could be distorted by the most derelict legislator. To assist these windows in the admission of light, there were irregular openings between the upper layers of logs, covered with transparent animal membrane. The door was of rough plank, with an enormous wooden latch — the string of which, a knotty piece of second-hand cod-line, always hung invitingly out — and swung gracefully on one hinge of iron and two of uncurried hide. The chimney was built of unshapely stones, picked up in the vicinity, and was so jagged and angular that the poor smoke found it a hard road to travel ; so hard, indeed, that unless an accommodating wind lent its aid, it was accustomed frequently to give over the attempt, and expand in the room, much to the annoyance of the members, as evidenced by their red and watery eyes.

The interior of the edifice presented an array of oaken benches, sufficiently substantial to bear, without a creak, the dignity of the whole British parliament. And they who sat on those uncomely seats, long before the disappearance of that lowly council-house, had the spirit more than once to defy the power of that august parliament, and the sovereign too. Arranged along the walls were sundry ponderous tables with legs enough to sustain a perpetual and annoying war with the legs of those who sat by them. And over the tables, picturesquely hanging against the wall, at a height that made it necessary to rise for every dip of the pen, were divers quaint-looking inkhorns, some of which had served one term of usefulness on the heads of goats and rams, and some, having extraordinary twists and protuberances, were reputed to have once adorned the heads of unicorns and devils, which gentry, the latter especially, were at that period universally believed to abound in our woods ; the Plymouth people, too, declaring that they had been much disturbed by them. Eagle quills, as well as goose, were provided in abundance, and long knives hung in the corners, for the convenience of making and mending pens. Near the wall opposite the entrance, was a rude platform, raised on blocks, sufficiently capacious for the accommodation of the presiding officer and secretary. The chair of the chief dignitary was a ponderous, fantastically-wrought affair, and was brought over in the May Flower, among the countless tons of trumpery which that vessel, of miraculous capacity, transported hither. It came into Massachusetts as the gift of the redoubtable Miles Standish. But the Plymouth people soon made a great rumpus about it, declaring that it was not his to give. An expedition was sent up for its recovery, but was obliged to return without accomplishing the purpose ; and it was kept spiked down till the danger seemed to be over. I believe the last service it performed was the heating of the kitchen oven at the Ship Tavern, for it suddenly lost all favor, by one afternoon, without any premonition, disjointing itself and letting its occupant fall sprawling upon the floor. A vote was immediately passed, giving the wreck to the keeper of the tavern, with whom a number of the members boarded, and into whose capacious oven went all the irregular and crooked sticks. Its ghost, however, has appeared in several antiquarian collections, among the innumerable other May Flower ghosts.

The building had a pitch roof and was unceiled above, so that a series of knotty and irregular rafters were visible, among which the industrious wasps and hornets found hospitable niches in which to entrench themselves and rear their useful progeny.

Just in the rear of the building, and protecting it from the north winds, arose an enormous boulder, from the summit of which one might scan the blue waters of the Bay, and the wavy woods beyond the river, with here and there a spire of smoke marking the habitation of some settler or the wigwam of some Indian. From beneath the boulder issued a sportive little stream which dashed along over a pebbly bed to a miry expansion below, where the bullfrogs were wont to erect their green heads and gruffly utter their compliments to the squirrels who sported in the branches above, and their suspicions to the hungry snakes who coiled expectant among the rushy tufts.

Then upon the little plain that spread out from the western slope were picturesquely arranged sundry flakes which had been erected for the convenience of drying salted cod fish. The sympathies of the Court, at a very early period, went lovingly out toward cod fish, and the hardy piscine adventurers along our shores throve wonderfully under the beneficent legislative smiles. And in years long after the odorous old flakes had disappeared, and the place of assembly had been removed to a far-off" point, they had the likeness of a cod fish made and hung up in the hall. And so it has hung to this day — rather a scaly idol, to be sure, but perhaps one sufficient to bring them within the terms of the injunction not to worship the likeness of any thing in the water. We talk lightly of a " cod fish aristocracy ; " but the irreverence arises from ignorance of history. On a headland near the water's edge, a rudely constructed wind-mill swung its ponderous arms, and always held itself in readiness, under favor of a good breeze, to do its duty in pumping water into the salt-pans, a few of which had been hastily set, to supply the needs of the fishermen. As there may here and there in this volume be a fact or circumstance brought under notice that cannot be found stated on the regular records, it may be well now to remark that I have derived no inconsiderable information touching the doings of the Court, as well as regarding other matters illustrative of those early times, from a journal kept by one Simon Pinion, who seems to have been an attendant on the sessions of the Court for a considerable time. After sleeping quietly for more than two hundred years, in what rubbish-receptacle no one knows, this invaluable collection fell into my hands through the agency of a friendly paper-maker, who, during the great scarcity of paper-stock in the early part of the war of the rebellion, in answer to a newspaper advertisement, received cart-loads of what the old ladies called " lutter," from cobwebbed garrets and dark closets. Of the journalist himself I am unable to give much information, for he seems to have had little ambition to become conspicuous, and consequently his name is seldom met in the public records — the common fate of modesty. Yet it is evident that he possessed a genial mind, was intelligent, and a keen observer of passing events. His education appears to have been very fair, and his association with all classes familiar.

No one who examines the records of the General Court, for many years, as they have come down to us, can for a moment suppose that they contain an account of all the doings. The shrewd old legislators had solid reasons for not having all their proceedings appear in black and white, reasons which sometimes not very remotely touched the connection between their heads and shoulders. And there exist remarkable precedents in that direction. Even in the records of the British high court of chancery a significant hiatus may here and there be found. Some of the important results arrived at by our fathers were reached by amazingly short cuts, the trail being carefully obliterated.

I was going to state that Mr. Pinion represented Boston in the Court, for many years ; but do not find his name in any list now at hand. It may, therefore, be that the passages in his journal which led to the supposition, led astray. It is certain, however, that he was much at the Court, but might have been there as a lobby member — a kind of attendant so uncommon at this day, that a description may be needed ; though on the whole it would hardly be advisable to give one, as it might have some tendency to revive a disreputable custom now so happily obsolete. I cannot think, however, that one gifted with such an open and honest mind as he evidently had, could fill such a position. He certainly could not have been there as a newspaper reporter, for there were no newpapers to report for. Possibly he may have been there as a man of leisure, seeking amusement, for that was about the only place in the broad land, where amusement was then to be found. But these surmises are not of much importance ; we have him there, and that is sufficient for our purpose.

A charming air of truthfulness pervades Mr. Pinion's jottings ; and I feel no temptation to disturb his quaint style and simple language further than to vary the spelling of a word, when, in the shape he put it, it would not be likely to be understood at all ; for I should be very sorry to have my good friend, the reader, every now and then throw down the book, exclaiming, " Confound the unintelligible words " — as the readers of Scott's novels, fifty years ago, used to drop their books and " Confound the Scotchisms " — though they did not suffer them to lie long ; a different fate, most likely, from that which would attend this book. And, moreover, the few changes I make cannot be called taking liberties, for he himself, in common with all others at that period, usually spelled the same word in divers ways. Orthography, in short, was then very much a matter of taste, there being no acknowledged standard. It was by no means always ignorance that produced the discordance in spelling, though the discordance often turned out to be useful in concealing ignorance. In the matter of abbreviations they went to an amusing extent. Some, for instance, wrote &, w'^^ w^^ y% y™, y", y°, y*, for and, wJiich, ivith, the, them, then, you, that, in all cases ; others spelled the words in full, or abbreviated indiscriminately. Some seldom abbreviated ; others had a passion for the short-hand style, contracting, apparently, whenever they could find a decent pretense. But all seem to have entertained an almost childish inclination to show their ingenuity in spelling the same word in as many ways as the sounds of letters would admit. I have seen, in a deposition of some twelve lines, the name of the deponent spelled in five different ways. The y^ grew out of the peculiar way of forming the letters in writing tJie as any one may perceive by closely examining old manuscripts ; though Webster says the y^, as thus used, is a corrupt representation of the Saxon character which was equivalent to our tJi — which seems to me learned error. Some letters were very commonly used interchangeably, as i andy, ?/ and v. These few remarks on the ancient mode of spelling may be worthy of notice by such readers as have not been accustomed to the perusal of old works, as occasionally, throughout our volume, will appear extracts from early records, so quaint and queer.

I find in the journal of Mr. Pinion a very opportune account of the perils and adventures that befel the worthy Mr. Higginson and himself on their way to attend this Court. And I extract it here with much pleasure, as giving a faithful glimpse of the difficulties that attended the performance of their political duties by the men of that day. Those who now glide up to the General Court, in a few hours, from the remotest corners of the State, lolling upon the velvet seats of the rail-road cars — many of them, no doubt, enjoying the vivifying fumes, the intellectual repast, and the liquid adornments, to be found in the smoking cars — more at ease than if at home in their ostentatious parlors — might find it difficult to realize the condition of things at that period. Such cotemporary details furnish the very best pictures of the times to which they relate.

Well, then, Mr. Pinion says :

" As y'^ Gen''all Co^'te was to assemble att Boston, on y^ morrow, and I being on a vissit to Sallem, att M"" Higginson his hows, hee sayd to me y' as itt were well to bee at our poste betimes, it might not bee amiss to starte y' day, by w^'^ meanes wee c'', haply, reach Goodman Bennett his hows by night, lodge there, and bee refresht for y^ rest of y^ journie, and for y^ comeing x''cises. And lest, peradventure, we might need wherew"^ to stay our stomacks by y^ way — not haueing faith sufhtient to y*^ findeing of manna in y^ wildernesse — he sayd wee c^ take enow in our wallets for that, and supp at our lodging place. This met my own mind ; and soe, earlie in y'' afternoon, w^'^ a well stuffed wallet on my back, and a red kegg w^*^ a few comforting drams therein strapped vpon his, wee sett fourth, purposeing to goe afoote, he deeming it unseemlie to ride y^ old bull, on sutch an occation, and both feareing y* y^ horse w'^ be but a trouble on soe rough a roade.

" Wee had stout oaken staffs to stay our steps and withal to defend against any potent adversarie that might assail vs. And to add wh' we might to our presence, we bedeckt o''selves in our best apparell, well knowing y* manie reckon others by their loocks. M'' Higginson wore his brown veluet breeches, and his coat of blew ffrench stuff, his broidered doublet, his white leggins and his best deer-skin half-bootes. Hee had tasty red ribbins knotted at y^ knees, and vpon his head he wore his famous London hatt, w^''

brim y* could be brought down over his eares like y^ bonnet of a dame, and tied aneath his chinn, or c*^ be buttoned to y^ crown like y^ capp of a Dutch admiral — y^ same hatt y' had soe struck y« fancy of y^ Indjan warriors y* they had manie times essayed to steal y^ same.

" Wee took our way threw y^ pine plats, and over y^ hills toward y^ Sawgust Plantacion. Nickt trees and divers marks made by other trauellers helped to guide vs in y^ right way most of y® time, and wee beguiled y^ tedjousness by holdeing m^*^ earnest discourse on y^ great matters that might presently turn vpp for our comfort or distres. He w'^ haue it that y^ devill was about to let loose his impes vppon vs for to doe his misscheifs while we were yet but a small peeple and weak ; for, said he, y^ evill beast knoweth passing well when to strike his blows. But, said I, Master Higginson, I feare no sutch doleful happening, for be we not in God his keeping, whose chosen peeple we surelie are, worthie pilgrims, well instructed in y^ scriptures and y^ cattykism, and well grounded in y^ holie ordinances and docktrines, haueing godly ministers, too, to watch y" fold ag"st ravening beasts ? And moreouer, sayd I, will not y^ God who sent vs hither to plant and keep alive y^ trew vine bee w"^ vs .? Will nott y^ great Master take care of his owne .-' It doth seem to mee y' sutch misgivings are but doubtings of his pow"" and prommises. But say what I would, he must needes still hold to great feare of y^ devill.

" Then againe we held discourse touching some of y^ great matters y' might presently com befour vs in y^ Co''te, and of our prospects as a peeple. Com vp yonder, Simon, sayd he, poynting w^'^ his staff to a mightie roc by y^ wayside, Com vp, and I will show you a goodlie sight. Nay, nay, s'^ I, for wee shall haue climbing enow, befo'' wee reach o'' journeys end. And moreouer, itt is not wise to keep leaveing y^ path ; for wh" one is in y^ right way, hee doeth well to pursue it diligently, not turning to right nor left to see new things — and we may presently lose o^'selves in y® mazes of y^ wildernesse. And I did remind him of y^ scripture wherein is told of a great temptation on a high mountain. But he would haue it y* we sh"^ goe vp — and being a little heady I was faine to doe as he w^.

" Being vp on y^ mowntain roc, after m'^'' paines, he first took off his hatt, and wiped y^ sweatt from his face w* was m* disfigured w'*^ wartes, amoung ^ch ye lititle streames trickled zigzaging downe. And then, stretching fourth his staff, as did Moses on vewing y® promissed land, he s'\ Now, Simon, I w'^ y* y° caste y"" eye ouer y^ lande, and say if it be not a goodlie herryttage. Yonder may be made broade feilds for grain and other products. Y"^ waters there are stored w*'^ savoury ffish, yea, w^'^ aboundance of goodlie cod ffish. And y^ great occean beyond is y grand highway on w'^^ shipps may ride to vs w'*' all y^ good things of distant landes. What, then, shall hinder vs to be, at sum day, a mightie nation. Here is room enow for more peeple y" y^ hosts of Israel could number. Look yonder, too, vpon y^ boundless forrest, and consider wh* noble spoyl may there be made ; wh* countless habittacions, yea, and statelie shipps may be built from y^ huge and tow''ing trees. Yes, yes, sayd I, but if y* forrest be alreadie giuen ouer for y^ habbitacion of dragons and devills who can abide therein to upUft y^ ax ? Butt he, not heeding what I sayd, grew warmer still, and seizing my hand w"^ m'='^ fervour, furth"" sayd. Yea, and yea, Simon, in generrations yet for to com here will be a great and poW^full nation — a land wherein, as y^ scripf saith, thou shalt eat bread w*'^out scarceness and shalt not lack anie thing in it. Here will bee gr* marchants and cunning craftsmen ; and holie men and sages shall rise vp. Mark my prophesie, mark it, mark it, Simon, and see if it doth not com to pas.

" I do not know. Master Higginson, sayd I, where I may be in generations to com, so y' I can see these great things com to pas. Tru, y^ lande is now uery faire to loock vpon w"^ a pleasant sunn shining above ; but we doe well to considder y' this herrytage came vnder y^ gr* curse pronounced at y^ beginning ; and so y^ outrages of storme and tempest must needs fall vpon it, and cold and heat doe their evill work. And, worse than all, as y° y^'selfe will have it y' evill spiritts doe greatlie abound, must we not fear that that wind will be sown wh'^of y*^ whirlwind will som day be reapt .-' Butt is y° land in truth ours, or have y^ Indjan salvages yet rights in y* herittage .''

" It will be, it will be ours, sayd he, and that presentlie, for God hath sent vs hither to occupie. Y^ tawnie and devill-nursed barbarians will melt away like y^ ice of winter befoar y*" winds of spring. And I feel, at this moment that y^ morrow hath m'^^ to doe ^th ye great times to com.

" Now, sayd he, we will sitt down on y^ rock, and refresh o''selues somewhat from y° wallett and kegg. And while preparing our meat, a strange whirring or rattling noyse was heard nigh at hand. What is that, what is that, Simon ? sayd M"" Higginson, takeing y^ kegg from his lipps, and peering about in som fright ; w'^'' words were but uttered, wh" a pestiferous serpent w"' divers rattles in his tail, glided vp from a crevice, and quicklie quoiled himself w'*' his head erected, his eyes glistening, and his forked tongue thrusting out at vs in gr' spitefulnes. Mercie on vs, ejaculated M"" Higginson, much scared ; mercie on vs ; wh' did I say, just now, ab^ devills. And he dropt y^ kegg, w='> rolled downe y^ hill, spilling all y^ pretious liquor. Strike, Simon, strike, he exclaimed, in gr* terrour, lumping vp and swinging his armes aloft, strike, and beat downe y'' evil beaste, or we o''selues shall both be destroyed. And I, girding myselfe w^'^ a remembranc of y'' great temptation, did strike, w''' m'^'' heartines, beating y'' life out of y^ monster afore he had tyme to spring vpon us.

" Well don, Simon, well don, cried M"" Higginson, you have shurelie despatched a most pestigeous imp of y^ devill. Never parley, never parley, nor prevaricate w*'' sutch dam'^ stragglers from y^ nether world. But com, we will abide here no longer, not knowing wh' cursed shape y^ evill one or som other servant of his, may next put on, to our fright and danger ; nor how soone, nor in wh' shape y^ slimy impe befoar vs may arise to his unholie work. Y"" blows, Simon, did strike home, but in faith did not y^ baptism f"" y^ keg doe somewh' of y^ work } It was a providence y'

we borrow^ y^ sacramental wine keg for our occation, y^ presence even of so sacred a vessel being potent.

" I am amaz"^, Master Higginson, sayd I, at what y° utter, and more amaz"^ at yo'' prophanitie. What prophanitie, Simon, sayd he, brisquely, I utter^ none ; or if I did, it was but an evil turn of y* tongue w^'out assent of y^ minde. We are tau', Simon, y* tongues are unrulie members ; and y" best of y™ will sometimes work awry. Well, well, sayd I, it is ouer now. But I dew surmise y' y^ fumes of y^ strong liquor, or y^ spattering of y"^ same on y^ serpent his head did help to our conquest, for wh" y^ keg came down he squirm'^ handsomlie.

" Wee were soon on our way again. And when by our judgm* we had com w^'^in a myle or two of Goodman Bennett his hows, we fell vpon a great store of luscious grapes, and would fain tarry to refresh o^'selues in y^ use of y^ same. But som ill was like to com of this, for, step by step, we wander^ from y^ path till we were quite lost in y^ wildernes. Beating abovt to noe purpos, till nigh y^ tyme of sunnsetting, gr^ feare began to fall vpon vs, w^'^ surelie did not abate wh" we began to heare divers terrible roareings and bellowings farr off in y^ woodes. Wee conjectured y* bears and lyons were prowling vp and down, and unicorns and dragons, perhaps. And M"" Higginson would haue it y* sum must be devills, as he verrily tho' he smelt brimston in y^ aire.

" Being wearie and sorely perplext wee paused to consider wh' had best be done. But presentlie, on peering forward among y^ trees, we discried y^ w'^^ filled me w*'' amazem"^ and M' Higginson w'^ alarum.

He declared y* it c'^ bee nothing but one of y^ devills w'='' he was well persuaded had bin sent by their mast"^ to obstruct our way. But I reply^ y' it seemed to me his head was a very breeding place of monsters ; and that to me, this appearance was more like an angeU y"* a devill. And so, scanning y^ appearance still furth"" I was faine to say, If my eyes doe not deceive me, it is a faire Indjan mayd, w*'' white eagle plumes, w'^'' betoken high breeding, among y"^ salvages, as I haue heard M"" Endicott say ; and she is begirt w"' a braive red sash, and bedeck' w'"^ dyvers shining trinkets s'=^ as y^ forrest mayds do most covet ; surelie, too, she hath a dainty step, and sped athwart y^ opening as lightsom as a young fawne. And loock even now toward yonder great hemlock, and see how cunninglie she peereth vpon vs from behind y^ trunck. I warrant y° Master Higginson, y' there is flesh and bloud, and dainty, too.

" Angell or devill, sayd hee, wee will pursue, and haply it may be vnto vs a meanes of escape from our present bewilderm*, tho I have heard of good men being lured to destruction by devills appeareing in y® shape of faire women. But night is comeing on apace, and if we doe not finde our way presentlie, we must abide here for y^ night. But, Simon, Simon, sayd he, chucking my ribs w"^ his staff, and leering w''' a knowing look vpon me, thou art a great rogue, and m'^'* beguiled by womankind. But I tell y° y^ old deludor cometh often in their shape to lure men to destruccion. Beware, beware.