When the marriage ceremony was over, at a whispered word from Captain Hull, a large pair of scales was lugged into the room, such as wholesale merchants use for weighing bulky commodities, and quite a bulky commodity was now to be weighed in them. "Daughter Betsy," said the mint-master, "get into one side of these scales." Miss Betsy—or Mrs. Sewall as we must now call her—did as she was bid and again the servants tugged, this time bringing in a huge iron-bound oaken chest which being opened proved to be full to the brim with bright pine tree shillings fresh from the mint. At Captain Hull's command the servants heaped double handfuls of shillings into one side of the scales, while Betsy remained in the other. Jingle, jingle, went the shillings as handful after handful was thrown in, till, plump and ponderous as she was, they fairly weighed the young lady from the floor. "There, son Sewall," cried the honest mint-master, resuming his seat, "take these shillings for my daughter's portion. Use her kindly and thank Heaven for her. It's not every wife that's worth her weight in silver."
However interesting the story may be of the plump girl sitting in one pan of the scales as shillings were thrown into the other, as depicted in Hawthorne's version of the affair, we must be permitted to consider that time has cast a halo around the mint-master's daughter and increased both her avoirdupois and her dowry.
Massachusetts was the only New England colony to coin silver but close upon the date of the issue of the first "pine tree" money came the Maryland shilling, sixpence, groat and penny, the last in copper. These bear no date but appeared about 1659, the dies having been made in England.
Numerous coins were later made in the colonies, either intended for regular circulation or as tokens privately issued, among which are the Granby coppers—rude half-pennies—made in 1737 by one John Higley, the blacksmith, at Granby, Conn. They were made of soft copper which was dug at Granby and are never found in very good condition.
The word dollar is the English form of the German word thaler, and the origin of the thaler is as follows: In the year 1519, Count Schlick of Bohemia issued silver coins weighing one ounce each and worth 113 cents. They were coined at Joachimsthal, that is, James's Valley or dale, hence they became known as "Joachimsthalers," soon shortened to thalers. Through trade with the Dutch these coins came into England in the sixteenth century and are referred to sometimes as "dalers."
But the dollar came to the American continent not through the Dutch or English but through the Spanish. This was due to the extent of the Spanish Empire in the sixteenth and seventeenth centuries and also to the great quantities of silver which Spain drew from her mines in Mexico and South America. The Spanish coin was, strictly speaking, a peso, better known as a piece of eight, because it was equal to eight reals (royals). As it was of the same value, the name dollar was given to the piece of eight about the year 1690.
The most famous Spanish dollar was known as the pillar dollar, because it had on one side two pillars, representing the pillars of Hercules, the classical name for the Straits of Gibralter, and this Spanish dollar was common in America at the time of the War of Independence.
In 1690 the treasury of the colony was so nearly exhausted that the Great and General Court decided to issue promises to pay, the first paper money minted by any Colony. The values were ten shillings, one pound and five pounds. The occasion for this issue was primarily the expenses of Governor Phips's expedition against Quebec, which was thriftily expected to more than pay costs. The French and Indians, however, were too strong for Sir William, and the colonial treasury was faced with costs to the amount of £50,000, instead of the anticipated loot. These "Colony" or "Charter bills" obtained a wide circulation and were called in annually and redeemed and reissued as need arose, but after a few years, confidence in them decreased and before long they passed at a discount as great as 30 per cent.
In 1722, Massachusetts tried to relieve the scarcity of small change by issuing five hundred pounds worth of tokens of the value of one, two and three pence. They were printed on parchment to make them more durable but apparently were not a success as there were no more printed.
As the years went by, monetary conditions became more and more unstable, and in 1740 an attempt was made to establish a bank in the hope of placing the currency on a firmer basis. The fight lay between a silver bank with bullion behind its notes and a land bank issuing notes guaranteed by mortgages and manufactured articles. These notes were to come due in twenty years and at that time the holders instead of receiving coin might be forced to take their pay in cast iron, bayberry wax, leather, cordwood, or other articles of trade that might be difficult to dispose of. One of these notes preserved in the cabinets of the Massachusetts Historical Society has written on its back, in old-time handwriting, "A Land Bank bill reserved as a specimen of ye mad humour among many of ye people of ye Province, 1740."
Money matters now went from bad to worse. The value of silver was called tenor. In 1740 silver was worth six shillings, eight pence per ounce and in 1746 seven shillings, sixpence, and the buying value of bills varied from year to year.
"Imagine having to keep in mind the relative values of bills of old tenor, with silver at 6/8, or middle tenor; or new tenor firsts at 6/8, but passing current at 7/8; or new tenor seconds, all of which were laboring under fluctuating but constantly increasing rates of depreciation, while there were also to be remembered Connecticut bills of new tenor at 8/. and Rhode Island bills at 6/9 an ounce, and also £110,000 worth of private bills of the issue of 1733, which were worth a third more than the Colony bills, and also £120,000 in notes issued in 1740, "on a silver basis," to stifle the land bank and equivalent to cash, and in addition "public bills of the four promises at 29/. an ounce," whatever that means, and you will not wonder that there was confusion worse confounded."[66]
In 1749 Parliament voted to reimburse Massachusetts to the amount of nearly one million dollars, for expenses incurred in the expedition against Louisburg and this money was used to redeem outstanding paper bills at the rate of ten in paper to one in cash. The next year old tenor ceased to be lawful money amid general rejoicing and much doggerel verse.
At a meeting of the Massachusetts Bay Company held in London on March 5, 1628-29, it was proposed that the Company "Intertayne a surgeon for the plantation" and one Abraham Pratt was sent over soon after. He lived in Roxbury, Charlestown and Cambridge. While returning to England with his wife in the fall of 1644, their ship was wrecked on the coast of Spain and both were drowned. At the same meeting the Company selected a barber-surgeon, Robert Morley, to go to New England and practice his calling on "aney of the Company that are planters or there servants." In those days a barber-surgeon employed himself in pulling teeth, bleeding and cupping.
Earlier than this, however, Doctor Samuel Fuller had come over in the Mayflower and was of the greatest service to the sickly foundation at Plymouth. When John Endecott's wife lay dying at Naumkeak (Salem), in 1629, Doctor Fuller was hastily sent for, and the next year he was called to Matapan (Dorchester) where he "let some twenty of these people blood: [and] had conference with them till I was weary."[67] A month later he was at Charlestown writing "I here but lose time and long to be at home, I can do them no good, for I want drugs, and things fitting to work with." Three years later he was dead of an infectious fever.
A large portion of the physicians in the early days of the Colony were Puritan ministers who had studied medicine in England in anticipation of removal to New England, as a hasty preparation for such necessities as might arise. Each practised in his own flock and Cotton Mather in his Magnalia (Book III, Chap. 26), speaks of this union of the two professions as an "Angelical Conjunction." When Rev. Michael Wigglesworth died in 1705, his weeping parishioners in the town of Malden, erected a stone to mark his grave and on it may still be read the words
In colonial times there was little regulation of medical practice, although an ineffective law was passed in 1649. Any one might come into a town and announce himself as a physician and if able to cure patients of their maladies, his success was assured. Several unfortunate failures, however, would seriously effect his standing. As a natural result quacks appeared and disappeared in all the larger towns.
In the seventeenth century, and later, there were two classes of medical practitioners of which one prescribed vegetable substances only, together with a free use of the lancet, and followed the teachings of Galen, the Greek physician. The other school followed the doctrines of Paracelsus and prescribed for the most part mineral preparations, and oftentimes were styled "chemists." Of course there was bitter rivalry between the two schools, each maintaining so far as possible, a superstitious mystery concerning their profession. There were few regular graduates from any recognized medical school. Until after the Revolution most practitioners gained their scanty store of medical knowledge by studying with some family physician and in the homely school of experience. Dr. William Douglas, a young Scotchman, began to practice in Boston in 1716. In 1721 he wrote "we abound with Practitioners, though no other graduate than myself. We have fourteen Apothecary shops in Boston. All our Practitioners dispense their own medicines.... In general the physical practise in our colonies is so perniciously bad that excepting in surgery and in some very acute cases, it is better to let nature under a proper regimen take her course than to trust to the honesty and sagacity of the practitioner. Our American practitioners are so rash and officious that the saying in Ecclesiasticus may with much propriety be applied to them, 'He that sinneth before his Maker let him fall into the hands of the physician.'"[68]
Governor John Winthrop was versed in medicine and his son, John, Jr., and his grandson Wait Winthrop, both were proficient in the profession. With Winthrop came Richard Palgrave and William Gager, both physicians, and two years later arrived Giles Firman, Jr., whose father was "a godly man, an apothecary of Sudbury in England." Giles, Jr., studied at the University of Cambridge and later settled at Ipswich, Mass., where he practiced medicine, but found it "a meene helpe" and later studied theology and eventually was ordained rector of Shalford, co. Essex, England.
Toward the end of the century there were two physicians practicing in Boston, Dr. Thomas Oakes and Dr. Benjamin Bullivant, of whom Dunton, the London bookseller gossiped in his "Letters Written from New England."[69]
Of Oakes he wrote that—
"His wise and safe Prescriptions have expell'd more Diseases and rescu'd Languishing Patients from the Jaws of Death, than Mountebanks and Quack-Salvers have sent to those dark Regions."
Concerning Dr. Bullivant he commented that—
"His Skill in Pharmacy was such, as rendered him the most compleat Pharmacopean, not only in all Boston, but in all New England ... to the Poor he always prescribes cheap, but wholesome Medicines, not curing them of a Consumption in their Bodies, and sending it into their Purses; nor yet directing them to the East Indies to look for Drugs, when they may have far better out of their Gardens."
Doctor John Clarke, said to have been a younger son of a good family in the north of England, with a collegiate education, and late of London, was granted a four-hundred acre farm in the town of Newbury, in January, 1638, and September 28th, following, the town also granted that
"Mr. Clarke in respect of his calling should be freed and exempted from all public rates either for the country or the towne so long as he shall remayne with us and exercise his calling among us."
He exercised his calling in Newbury until 1647, when he removed to Ipswich and two or three years later settled in Boston where he died in 1664. Soon after removing to Boston he invented a stove "for the saving of firewood & warming of howses," which the Great and General Court confirmed for a term of three years. Nothing further is known of this invention and the fireplace persisted until recent times.
When Doctor Clark removed from Newbury he was followed by Dr. William Snelling who seems to have been a merry fellow in times of drinking healths. On an occasion during the winter of 1651 he drank to his friends in the following toast,—
which e'er long led to sorrowful acknowledgment of his weakness before the Quarterly Court at Salem, and a fine of ten shillings for cursing. This doubtless helped sustain the dignity of the Court and strengthened virtue among the good men of the town of Newbury at times when ribald mirth prevailed.
Dr. John Perkins who practised in Boston during the first half of the eighteenth century, is said to have gone to London for two year's study but his medical notebooks show that in his Boston practise he prescribed for scrofula, syrup made of sow bugs drowned in white wine. Castile soap boiled in strong beer he used as a remedy for a "heavy load at the Stomac." For numb palsy he prescribed "a bath of absinthe in urina hominis, used hot," and his cure for a nervous weakness of the eyes was "shaving the head." He noted that "Widow Alcock [died] of a hot bread supper. Jus. Billings did so of eating Brown Bread for breakfast, a Thing he never used before," and Reverend McGee's wife died by eating a supper of roast chickens at 13 days after childbirth and drinking strong beer flip on it. "Wonderful that in learned and elevated situations among ye great, should be such ignorance."
"Samuel Bent, Goldsmith, tender constitution and lax nerves, upon a change of a linnen for a woolen cap to sleep in was affected with a running of Bloody Water from ye nose, which staunched when he wore linnen.
"Nathaniel Parkman's Daughter, scrophulously affected, had a blow on the Head, on which the scrophula immediately left her and Chorea St. Viti succeeded and followed her every Spring till she turned consumptive and died."[70]
Doctor Perkins was quite modern in some of his theories. He entered in his notebook—
"Exercise is good [for pains in the stomach] in young girls and others that use a sedentary life. So Sarah Bergers was cured by learning country dances.
"Wheat, ye Shoemaker, was cured [of hemorrhoids] by taking to ye portering with a wheelbarrow."
Doctor Ball of Northboro had a medicine called, "Receipt for the Scratches. One Quart fishworms, washed clean; one pound hog's lard stewed together, filtered through a strainer and add one-half pint oil of turpentine; one-half pint good brandy. Simmer it well and it is fit for use."[71]
Obstetrics at that period was also a jolly pastime, as the doctor and his volunteer assistants were regaled by a special brew known as "groaning beer" and by freshly baked "groaning cakes."
In Salem lived Zerobabel Endecott, son of Governor John Endecott, who practiced the healing art and who left behind him a remarkable collection of medical recipes from which we include selections illustrating the practice of the physician in colonial days. His brother John, afterwards Governor of Connecticut, also seems to have had some medical training as appears from a bill preserved in the Massachusetts Archives, where under date of 1668, he charged five shillings for "a Vomit and atendans" on one John Clark, "weak and sike by reason of a scurvy and a dropsy." Doctor Zerobabel died in 1684 and bequeathed to his son John, who also was a physician and who died in England, "al my Instruments and books both of phisicke and chirurgery." The inventory of the estate shows "a case of lances, 2 Rasors, a box of Instruments, 10 bookes in folio, 16 in quarto, a saw with six Instruments for a chirurgion and a chest of bookes & writings."
Other Salem physicians were George Emery who settled in the town in 1636 and sat on the gallows with a rope around his neck, in 1668, for an unnatural crime; Rev. John Fiske, a graduate of Cambridge, who had studied divinity and also physic, and came to Salem in 1637; and Daniel Weld, who was chief surgeon during the Narraganset campaign in King Philip's War; Col. Batholomew Gedney, who left at his death drugs and instruments inventoried at £60; Dr. John Barton, who died of yellow fever; Dr. John Swinnerton, made famous by Hawthorne's romance, and others followed.
William Salmon, in his "Compendium of Physick," published in London in 1671, estimates the necessary qualifications of the seventeenth-century physician as follows: "He that would be an accomplished physician, ought to be furnished with three things, 1. honesty and a good conscience; 2. a substantial, real, and well-grounded understanding through the whole Art of Medicine; 3. with all such Instruments and Necessaries which are ordinarily made use of in the performance of any medical operation," and these instruments are listed as follows:
"The Parascuological Instruments, wherewith medicines are prepared, whether Galenical or Chymical, are chiefly these: A brass Kettle; an Alembick; a Circulatory; a Sieve; a Gourd; a Balneum Mariae; Tongs; a Cauldron; a File; a Hippocras Bag; an Iron Mortar; a Pestle; a Pitcher; a Marble; a glass Mortar and Pestle; a Seperator; a Funnel; a Seirce; a Press; a Tile; a pair of Sheers; Vials; Boxes; Crucibles; Gally-pots; Corks; Spoons; Strainers; Retorts; Receivers; Bags; Spatulas; Weights and Scales; together with a Pair of Goldsmiths Bellows; and convenient Furnaces fitted for any operation.
"The Chyrurgical Instruments with which the Artist ought to be furnished, are chiefly these: A Plaister Box; an Uvula Spoon; a Levatory; a Director; a pair of Forceps; a Spatula Lingua; an Incision Knife; a pair of Scizzors; a Flame; a small Razour; a stitching Quill; three square Needles; with a Case of good Launcets; and a Salvatory; letting all be kept very sharp, clean and bright."
The following medical recipes are copied from a manuscript left by Dr. Zerobabel Endecott of Salem and formerly in the possession of the late Dr. Frederick Lewis Gay of Brookline.
For ye Bloudy Flux
Stone horses Liuers[72] dried in an ouen being heat for houshould bread, made into powder & giuen a spoonfull at a time in milk.
For a Spraine
Take stronge bere este & honye, of equall quantyty & boyle them to the Consistanty of honye & so apply it hott to ye place greeued.
For Extreme Thirst & Vomiting in a Malignant Feauer
Take salt of wormwood [scruple]i and a spoonfull of the Juce of Lemonds mix them in a spoon & giue it the patient
For Stone in the Kidnes and Blader Or To Prouent It
Take wild Carret seeds & boyle in Ale & drinke Dose [dram]ii euery Night.
An Other
Take 3 Drops of oyle of Fenill once a day.
For ye Dropsie Often Proud & Espetially Vpon One Man, Other Meanes Vsed By Men of Skill Fayled This Was Affectuall
Tak good store of Elder roots wash them & make them very Cleane then splitt & steepe them in strong ale wort & Lett them stand together while ye Ale is working then when it is 2 days old drinke of it morning Noone & at night till health be obtained Lett there be as many of ye Roots as Can well be steeped in the Ale The flowers are of the same vse & more powerfull
An Other
Take Rie flower make past with water Role it thin and with ye greene Leaues of Sage & a Littl Rosemary fill it as pye bake it very dry beat altogether & take halfe a spoonefull at a time in a wine Cupfull of your beere
For a Sore Throte[73] or Kings Euell
Take Guaiacom sliced [oz]iij ye Bark of Guaiacom [oz]i infuse in 6 quarts of fair water on hott ashes 24 hours then boyle it ouer a gentill fire till a third part be wasted then add of Epithimum Pollepodium ana [oz]ii fumitory borrage & buglose Roots flowers of Rosmary Prim Rose Cow slips Violets & sweet fenill seeds of Each [oz]fs boyle it till a quart be wasted then add Sena [oz]iij boyl it a Litle & straine it & Clarifie it with whits of Eggs sweeten it with Sugar
Giue 2 or 3 spoonfulls euery morning to a child more to a groune Person; enough to give 2 or 3 Lous stooles in a daye for 8 days together this aLone haue Cured the Kings Euill
For Paine in ye Eare[74]
Take a mithredate & put it in into the eare with a Litle wooll & Keep it warme
For a Cough[75]
Take eggs boyle them till they bee hard hold them in your hand one at a time as hott as you Can suffer it & with ye heat & strength of your hand press out the oyle, take a quantity of this oyle & a Little powder of Alloes & fine Sugar make it into a surrup take a Litle of this surrup as often as need Require this is Comended by G: as if non Could Equall it
A Balsam or Liquer That Will Heal Sores as For New in Man or Beast
Tak very strong wort 3 gallons being all ye first of a boushell of good malt then tak of Comfry roots & Elder roots of each 2 handfuls the Leaues of Crud tobacko a handful Lett the Roots be brused & boyled till halfe be wasted Put it into a Vessel & Keep for Vse Put into it 3 li of hony before you take it of the fire, if it be a deepe sore tent it, if an open sore wett a Duble Clout & Lay on the sore Dress it always warme
For ye Sciatica or Paine in ye Back or Side[76]
Tak Fetherfew & steepe it in beer & drink first at morning & Last at night
A Powder for ye Dissines of ye Head Falling Sicknes[77] & Hart Qualms That Haue Bin Oft Vsed
Whit amber [dram]ii Diarrhodian [dram]ii Seeds of Peony [scruple]ii miselto [dram]i the fillings of a Deadmans skull [scruple]i[78] mak all into a very fine Powder & tak of it as much as will Ly on a shilling 2 or 3 nights together befor the new & befor the full moon take it in Saxony or bettony water
For Rumatick Paines & To Coole Ye Liuer
Tak the Conserue of the frut of Sweet brier as much as a good nutmage morning & Evening
For Vometing & Looseness in Men Women & Children
Take an Egg break a Little hole in one end of it & put owt ye white then put in about ½ spoonfull of baye salt then fill vp the egg with strong Rom or spirits of wine & sett it in hott ashes & Lett it boyle till ye egg be dry then take it & eat it fasting & fast an hour after it or drink a Litle distilled waters of mint & fenill which waters mixed together & drank will help in most ordinary Cases
For a Person That is Distrated If It Be A Woman[79]
Tak milk of a Nurce that giues suck to a male Child & also take a hee Catt & Cut of one of his Ears or a peece of it & Lett it blede into the milk & then Lett the sick woman Drink it doe this three Times
For a Bruse In Any Part Of The Body
Take of honey a Spoonfull & yest or barme or the emptings of strong beer twice as much warm them & mix them together & apply it to the place greeued admireable effects haue bin wroght by this means it hath seldom fayled in Casses very Difficult in any part of ye boddy though ye bones haue semed to be brused though it hath ben in head & in broken bones it easeth paine & vnites the bones sodainly
For Ye [J]andis[80]
Take ye Juce of Planten and Camomell 3 or 4 spoonfuls in warme Posset ale morning & Euening it helps in few days
Mir Turmarik & safron made into fine powder & drank twice or 3 times a day in Possett ale is Excelent good Dose [scruple]i or Lett the sik Person drink their own Vrin twice a day or ye Volatile fat of Vrin [ ] morning & Euening in Posset ale
To Eas Paines in Feauers[81]
Tak Cardamoms or Graines of Paradice [dram]i Nutmegs [dram]ss Safron [scruple]ij Sugar [dram]ii mak it to fine Pouder & giue at any time as much as will Ly on a shilling at a time my pill is better if the boddy be Loos
For Ye Colik or Flux in Ye Belly[82]
1 the powder of Wolues guts
2 the powder of Bores Stones
3 oyle of Wormwood a drop or 2 into the Nauell
4 3 drops of oyle of Fenill & 2 drops of oyle of mints in
Conserue of Roses or Conserue of single mallows, if ye Paine be
extream Vse it a gaine, & if need Require aply somthing hott to
the belly
For Sharpe & Dificult Trauel in Women with Child By J C
Take a Lock of Vergins haire on any Part of ye head, of half the Age of ye Woman in trauill Cut it very smale to fine Pouder then take 12 Ants Eggs dried in an ouen after ye bread is drawne or other wise make them dry & make them to pouder with the haire, giue this with a quarter of a pint of Red Cows milk or for want of it giue it in strong ale wort[83]
A Wonderfull Balsam For Fistulos & Vlsers
Take Borax [dram]ij put it into a strong stone botle of 2 quarts; stop it Close with a good Corke & then Couer it with sealing wax very Close & sett it into the bottom of a well or Cold Spring the Space of three yeeres then take it out [when it will] al be turned to a balsam whare with you may dress Sores
To Stench Bleeding[84] in a Wound
Take a peec of Salt Beef & Rost it in the hott Ashes then make it Cleane & put it into the wound & the blood will stop imediatly
For To Make a Man Vomit Presently That Is Sick at His Stomack
Take white Copperes [dram]i in powder in a Litle Beere or Water & it will Cause one to vomit presently
For Ye Plurisie[85]
Take the Leaues of wild mallows & boyl them in Oyle & being taken out bray them in a morter & put them into a peece of Lining Cloth & applie it to the greue and presently it will Cause the paine to Cease Don Alexis
For the Plurisies
Take an Apple that is of a Sweete sente & taste in it a hole taking out the Core so that the hole goeth not thorow & put into the hole 3 or 4 graines of Frankincense of the male Kind Otherwise Called olibanum then Couer againe the saide hole with the Little Pece of Apple that you tooke of first & rost it apon the Embers so that it burne not but that it may waxe tender then take it from the fire and breake it into fower parts with all the frankencense in it & so giue the patient it to eate it will by & by make the Impostume to break & heale him
For the Shingles
Take howse leeke Catts blod[86] and Creame mixed together & oynt the place warme or take the moss that groweth in a well & Catts blod mixed & so aply it warme to the plase whare the shingles be
For the Goute[87]
Take Ligmamuita [oz]xvi Sarssaparilla [oz]viii fennel Seeds [oz]vi Boyle them in 2 Gallonds of water in a Pott Close Stopped till halfe be Consumed then put it vp in a glasse Botle well Stopped & Every morning take Sumthing Less than a gill & so in the Euening
Then take those Jngredients & Boyle it ouer againe in 2 or 3 Gallonds of water more & So Keepe it for your Continiall Drinking at any time During the time of your Jllnes Proued Very Affectial apon a man at Dunkerck
Oyl of Roses[88]
Take Roses and Jnfuse them in good olliue oyle in a glasse in the heat of the sun for sartaine Days while the oyl smeles like Roses; oyl of Hipericon is made after the same manner
For a Fractur of the Scull
After the Scull is Layed open + and the Bones taken out By a Leuetur or Cut By a trapan then fitt a pece of Parchment of the same Bignes that the fractur is and oynt it with mell Rosarie or huny of Roses and also the Edges of ye Bone & so put it in gently on apon the Dura mater that Ciuers the Braines and apon that a good Plegen of tow & a good bolster on that & so Continue that dressing while it is all most well & the bone hes Cast of & then finish the Cure with Arseaus his Linement; your parchment must haue a third fastened in the middle
For Cutts or Sores
Take the Scine of Salt Beefe & so Laye it to the Cutt or sore
For To Heale or Dry Vp a Sore
Take Sallet oyle and Read Lead and boyle it well together and dipe peces of Lining Cloath in it Keep them for use
For The Ague
Take the Drye shell of a Turtell beat smale & boyled in water while 2 thirds of the water be consumed & drinke of it 2 or 3 times when the Ague Cometh
Probatum Easte January the 10 1681
The Greene Oyntment that ms Feeld did Vse to make[89]
Jt Cureth all Spraines and Aches Cramps and Scaldings and Cutts healeth all wounds it doth suple molyfy Ripen & Disolues all Kind of tumors hot and Cold and it will heale olde Rotten Sores and bites of Venemos Beasts itch and mangenes and stench bloud it Easeth Swelling and paines of the head and throate Eyes and Eares Gout and Seattica and all outward Greefes
Take baye Leaues, Wormwood, Sage, Rue, Cammemoyle, mellelote, groundsell, Violets, Plantaine, oake buds or Leaues [ ] Suckbery Pursline, Lettuc, Red colworts, Saint Johns wort, mallows, mullin, Jsop, Sorrell and Comfrye, yarrow, and Dead Nettles, and Mint, mugwort, Rose leaues, gather them all in the heat of the Daye, pick them Cleene but wash them not, Beat them well then take Sheepe Suett three Pound Picke it Cleene and Shrid it Smale Pound them all well together, then take 2 quarts of Sallet oyle then work them all together with your hand till it be a Like then put it in an Earthen Pott and Couer it Close and Lett it Stand 14 Dayes in a Coule Place then Sett it ouer a Softe fire and Lett it Boyle 14 howers Stiring it well then put into it 4 ounces of oyle of Spicke then Straine it through a Corse Cloath & put it into [ ] Pott and Couer it Cloase and Keepe it for your vse
For Ye Toothe Ache[90]
Take a Litle Pece of opium as big as a great pinnes head & put it into the hollow place of the Akeing Tooth & it will giue preasant Ease, often tryed by me apon many People & neuer fayled
Zerobabel Endecott
Who would know the virtues of the herbs and simples that grew in the gardens of the Massachusetts Bay? Many herbals have been compiled and printed, none more enticing than Nicholas Culpepper's "English Herbals," more truly entitled "The English Physician Enlarged," and first published in 1653. It had an enormous sale. Since that year twenty-one different editions have served their day, the last having been printed at Exeter, N.H., as late as 1824.
Culpepper, the son of a clergyman, was born in London in 1616 and died when only thirty-eight years old. In that short time, however, he gained fame as a writer on astrology and medicine. At first apprenticed to an apothecary, he later set up for himself as a physician and acquired a high reputation among his patients.
In his catalogue of the simples he premises a few words to the reader, viz.: "Let a due time be observed (cases of necessity excepted) in gathering all Simples: for which take these few Rules. All Roots are of most virtue when the Sap is down in them, viz. towards the latter end of the summer, or beginning of the spring, for happily in Winter many of them cannot be found: you may hang up many of them a drying, by drawing a string through them, and so keep them a whole year.
"Herbs are to be gathered when they are fullest of juyce, before they run up to seeds; and if you gather them in a hot sunshine-day, they will not be so subject to putrifie: the best way to dry them, is in the Sun, according to Dr. Reason, though not according to Dr. Tradition: Such Herbs as remain green all the year, or are very full of juyce, it were a folly to dry at all, but gather them only for present use, as Houseleek, Scurvy-grass, etc.
"Let flowers be gathered when they are in their prime, in a sunshine-day, and dryed in the sun. Let seeds be perfectly ripe before they be gathered.
"Let them be kept in a dry place: for any moysture though it be but a moist ayr, corrupts them, which if perceived in time, the beames of the Sun will refresh them again."
Ageratum dryes the brain, helps the green sickness, and profit such as have a cold or weak Liver: outwardly applyed, it takes away the hardnesse of the matrix, and fills hollow ulcers with flesh.
Anemone. The juyce snuffed up the nose purgeth the head, it clenseth filthy ulcers, encreaseth milk in Nurses, and outwardly by oyntments helps Leprosies.
Asphodel or Daffodil. I know no physicall use of the roots, probably there is: for I do not believe God created anything of no use.
Balm, outwardly mixed with salt and applied to the neck, helps the Kings Evil, biting of mad dogs and such as cannot hold their necks as they should do; inwardly it is an excellent remedy for a cold, cheers the heart, takes away sorrow, and produces mirth.
Basil gives speedy deliverance to women in travail.
Bedstraw. Stancheth blood: boyled in oyl is good to annoynt a weary traveller: inwardly it provokes lust.
Borrage, cheers the heart and drooping spirits, helps swooning and heart qualms.
Briony, both white and black, they purg the flegm and watry humors, but they trouble the stomack much, they are very good for dropsies: the white is most in use, and is admirable good for the fits of the mother; both of them externally used, take away Freckles, Sun-burning, and Morphew from the face, and clense filthy ulcers: It is a churlish purge, and being let alone, can do no harm.
Buglosse. Continual eating of it makes the body invincible against the poyson of Serpents, Toads, Spiders, etc. The rich may make the Flowers into a conserve, and the herb into a syrup: the poor may keep it dry: both may keep it as a Jewell.
Burdoc or Clot-bur, helps such as spit blood and matter, bruised and mixed with salt and applyed to the place, helps the biting of mad dogs. It expels wind, easeth paines of the teeth, strengthens the back ... being taken inwardly.
Celondine. The root is manifestly hot and dry, clensing and scouring, proper for such as have the yellow Jaundice, it opens the obstructions of the liver, being boiled in White Wine, and if chewed in the mouth it helps the tooth-ach.
Chamomel is as gallant a medicine against the stone in the bladder as grows upon the earth. It expels wind, belchings, used in bathes it helps pains in the sides, gripings and gnawings in the belly.
Chick-weed is cold and moist without any binding, aswages swelling and comforts the sinews much, and therfore is good for such as are shrunk up, it helps mangy hands and legs, outwardly applyed in a pultis.
Cinkfoyl or Five-fingered grass. The root boyled in vinegar is good against the Shingles, and appeaseth the rage of any fretting sores.
Colts-foot. Admirable for coughs. It is often used taken in a Tobacco-pipe, being cut and mixed with a little oyl of annis seeds.
Columbines help sore throats and are of a drying, binding quality.
Comfry is excellent for all wounds both internal and externall, for spitting of blood, Ruptures or Burstness, pains in the Back and helpeth Hemorrhoyds. The way to use them is to boyle them in water and drink the decoction.
Cottonweed. Boyled in Ly, it keeps the head from Nits and Lice; being laid among Cloaths, it Keeps them safe from Moths; taken in a Tobacco-pipe it helps Coughs of the Lungues, and vehement headaches.
Dill. It breeds milk in Nurses, staies vomiting, easeth hiccoughs, aswageth swellings, provoks urin, helps such as are troubled with the fits of the mother, and digests raw humors.
Dittany, brings away dead children, hastens womens travail, the very smell of it drives away venemous beasts; it's an admirable remedy against wounds made with poysoned weapons; it draws out splinters, broken bones, etc.
Fennel. Encreaseth milk in Nurses, provokes urine, easeth pains in the Reins, breaks wind, provokes the Terms.
Fleabane. Helps the bitings of venemous beasts. It being burnt, the smoke of it kills all Gnats and Fleas in the chamber. It is dangerous for women with child.
Flower-de-luce or water flag, binds, strengthens, stops fluxes of the belly, a drachm being taken in red wine every morning.
Fumitory helps such as are itchy and scabbed, helps Rickets, madness, and quartain agues.
Gentian, some call Bald-money, is a notable counter-poyson, it opens obstructions, helps the bitings of venemous beasts, and mad dogs, helps digestion, and cleanseth the body of raw humors.
Golden Rod clenseth the Reins, brings away the Gravel; an admirable herb for wounded people to take inwardly, stops Blood, etc.
Groundsel helps the Cholick, and pains and gripings in the belly. I hold it to be a wholsom and harmless purge. Outwardly it easeth womens breasts that are swollen & inflamed, (or as themselves say) have gotten an ague in their breasts.
Hellebore. The root of white Hellebore, or sneezwort, being grated & snuffed up the nose, causeth sneezing, Kills Rats and Mice, being mixed with their meat. Doctor Bright commends it for such as are mad through melancholly. If you use it for sneezing, let your head and neck be wrapped hot for fear of catching cold.
Henbane. Stupifies the senses and therefore not to be taken inwardly; outwardly applyed to the temple it provokes sleep.
Hops. The young sprouts clense the Blood and cleer the skin, helps scabs and itch. They are usually boyled and taken as they eat Sparagus or they may be made into a conserve.
Horehound clenseth the breast and lungs, helps old coughs, easeth hard labour in child-bearing, brings away the after-birth.
Hysop. Helps Coughs, shortness of Breath, Wheezing, Kills worms in the body, helps sore throats and noise in the ears.
Knotgrasse helps spitting of blood, stops all fluxes of blood, gonorrhaea or running of Reins, and is an excellent remedy for hogs that will not eat their meat.
Lavender. The temples and forehead bathed with the juyce of it, as also the smell of the herb helps swoonings.
Lavender cotton resists poyson, kills worms.
Lettice. Cools the inflamation of the stomack commonly called heart-burning, provokes sleep, resists drunkenesse and takes away the ill effects of it, cools the blood, and breeds milk. It is far wholsommer eaten boyled than raw.
Liverwort is excellent for inflamations of the Liver and yellow jaundice.
Lovage cleers the sight, takes away redness and Freckles from the Face.
Lungwort helps infirmities of the lungs, coughs and shortness of breath.
Mallows. They are profitable in the stingings of Bees, Wasps, etc. Inwardly they resist poyson and provoke to stool....
Man Drakes. Fit for no vulgar use, but only to be used in cooling oyntments.
Marigolds. The leaves loosen the belly and the juyce held in the mouth helps the toothach.
Marshmallowes are meanly hot, of a digestion softening nature, ease pains, help bloody fluxes, the stone and gravell; being bruised and well boiled in milk, and the milk drunk is a gallant remedy for the gripings of the belly, and the bloddy flux.
Mint. Provokes hunger, is wholesome for the stomack, stays vomiting, helps sore heads in children. Hinders conception and is naught for wounded people, they say by reason of an antipathy between it and Iron.
Mugwort, an herb appropriate to the foeminine sex; it brings down the terms, brings away birth and afterbirth, easeth pains in the matrix.
Mullin. Stops fluxes and cures hoarsenesse and such as are broken winded; the leaves worn in the shooes provokes the Terms, (especially in such Virgins as never had them) but they must be worn next their feet.
Nettles. The juyce stops bleeding; they provoke lust exceedingly; help that troublesome cough that women call Chin-cough. Boyl them in white wine.
Onions, are extreamly hurtfull for cholerick people, they breed but little nourishment, and that little is naught; they are bad meat, yet good physick for flegmatick people, they are opening and provoke urine, and the terms, if cold be the cause obstructing; bruised and outwardly applyed they cure the bitings of mad dogs; roasted and applied they help Boils, and Aposthumes; raw they take the fire out of burnings; but ordinarily eaten, they cause headach, spoil the sight, dul the senses and fill the body full of wind.
Orpine for Quinsie in the throat, for which disease it is inferior to none.
Penyroyal. Strengthens women's backs, provokes the Terms, staies vomiting, strengthens the brain (yea the very smell of it), breaks wind, and helps the Vertigo.
Pimpernal, male and foemale. They are of such drawing quality that they draw thorns and splinters out of the flesh, amend the sight, and clense Ulcers.
Plantain. A little bit of the root being eaten, instantly staies pains in the head, even to admirations.
Purslain. Cools hot stomacks, admirable for one that hath his teeth on edge by eating sowr apples, helps inward inflamations.
Reubarb. It gently purgeth Choller from the stomack & liver, opens stoppings, withstands the Dropsie, and Hypocondriack Melancholly. If your body be any strong you may take two drams of it at a time being sliced thin and steeped all night in white Wine, in the morning strain it out and drink the white Wine.
Rosemary. Helps stuffings in the head, helps the memory, expels wind.
Rue, or Herb of Grace. Consumes the seed and is an enemy to generation, helps difficulty of breathing. It strengthens the heart exceedingly. There is no better herb than this in Pestilential times.
Sage. It staies abortion, it causeth fruitfullness, it is singular good for the brain, helps stitches and pains in the sides.
St. Johns Wort. It is as gallant a wound-herb as any is, either given inwardly or outwardly applied to the wound. It helps the Falling sickness. Palsie, Cramps and Aches in the joynts.
Savory. Winter savory and summer savory both expell wind gallantly, and that (they say) is the reason why they are boyled with Pease and Beans and other such windy things; 'tis a good fashion and pitty it should be left.
Senna. It cheers the sences, opens obstructions, takes away dulness of the sight, preserves youth, helps deafness (if purging will help it), resists resolution of the Nerves, scabs, itch and falling sickness. The windiness of it is corrected with a little Ginger.
Solomon's Seal. Stamped and boyled in Wine it speedily helps (being drunk, I mean, for it will not do the deed by looking upon it) all broken bones, it is of an incredible virtue that way; it quickly takes away the black and blew marks of blows, being bruised and applyed to the place.
Sorrel cutteth tough humors, cools the brain, liver and stomack, and provokes apetite.
Southern-wood or Boy's love, is hot and dry in the third degree, resists poyson, kills worms, provokes lust; outwardly in plaisters it dissolves cold swellings, makes hair grow; take not above half a drachm at a time in powder.
Spinage. I never read any physicall virtues of it.
Spleenwort is excellent good for melancholy people, helps the stranguary and breaks the Stone in the bladder. Boyl it and drink the decoction; but because a little boyling will carry away the strength of it in vapours, let it boyl but very little, and let it stand close stopped till it be cold before you strain it out; this is the generall rule for all Simples of this nature.
Spurge. Better let alone that taken inwardly; hair anoynted with the juyce of it will fall off: it kills fish, being mixed with anything they will eat, outwardly it takes away Freckles and sunburning.
Sweet-Majorum is an excellent remedy for cold diseases in the brain, being only smelled to; it helps such as are given to much sighing, and easeth pains in the belly....
Tansie. The very smell of it staies abortion or miscarriages in women. The root eaten, is a singular remedy for the Gout; the rich may bestow the cost to preserve it.
Toad-flax clenses the Reins and Bladder, outwardly it takes away yellowness and deformity of the skin.
Toads-stools. Whether these be roots or not it matters not much; for my part I know little need of them, either in food or Physick.
Tyme. Helps coughs and shortness of breath, brings away dead children and the after birth, helps Sciatica, repels wind in any part of the Body, resisteth fearfullness and melancholy.
Valerian, white and red, comforts the heart and stirs up lust.
Vervain. A great clenser. Made into an oyntment it is a soveraign remedy for old headache. It clears the skin and causeth a lovely color.
Wake-Robins or Cuckow-pints. I know no great good they doe inwardly taken, unlesse to play the rogue withall, or make sport; outwardly applyed they take off Scurf, Morphew, or Freckles from the face, cleer the skin, and cease the pain of the Gout.
Water-Lilies. The roots stop lust. I never dived so deep to find any other virtue.
Wood Bettony helps the falling sickness, and all headaches comming of cold, procures apetite, helps sour belchings, helps cramps and convulsions, helps the Gout, Kills worms, helps bruises, and cleanseth women after their labor.
Wormwood helps weakness of the stomack, clenses choller, kills worms, helps surfets, cleers the sight, clenses the Blood, and secures cloaths from moths.
Yarrow. An healing herb for wounds. Some say the juice snuffed up the nose, causeth it to bleed, whence it was called Nose-bleed.
The men who controlled the affairs of the Massachusetts Bay Colony at the time of its founding, determined not only that the churches, but that the government of the commonwealth they were creating, should be based strictly upon the teachings of the Bible. The charter provided that the Governor, Deputy Governor and Assistants might hold courts "for the better ordering of affairs," and so for the first ten years, the Court of Assistants, as it was styled, exercised the entire judicial powers of the colony. Its members were known as the magistrates. During this period but few laws or orders were passed. When complaints were made, the court, upon a hearing, determined whether the conduct of the accused had been such as in their opinion to deserve punishment, and if it had been, then what punishment should be inflicted. This was done without any regard to English precedents. There was no defined criminal code, and what constituted a crime and what its punishment, was entirely within the discretion of the court. If in doubt as to what should be considered an offence, the Bible was looked to for guidance. The General Court itself, from time to time, when in doubt, propounded questions to the ministers or elders, which they answered in writing, much as the Attorney General or the Supreme Judicial Court at the present day may advise.
But the people soon became alarmed at the extent of personal discretion exercised by the magistrates and so, in 1635, the freemen demanded a code of written laws and a committee composed of magistrates and ministers was appointed to draw up the same. It does not appear that much was accomplished although Winthrop records that Mr. Cotton of the committee, reported "a copy of Moses his judicials, compiled in an exact method, which was taken into further consideration till the next general court." The "judicials," however, never were adopted. In 1639 another committee was directed to peruse all the "models" which had been or should be presented, "draw them up into one body," and send copies to the several towns. This was done. In October, 1641, action was taken which led to a definite and acceptable result. Rev. Nathaniel Ward of Ipswich, who had been educated for the law and had practiced in the courts of England, was requested to furnish a copy of the liberties, etc. and nineteen transcriptions were sent to the several towns in the Colony. Two months later at the session of the General Court, this body of laws was voted to stand in force.
This code, known as "the Body of Liberties," comprised about one hundred laws, civil and criminal. The civil laws were far in advance of the laws of England at that time, and in substance were incorporated in every subsequent codification of the laws of the Colony. Some of them are in force today, and others form the basis of existing laws. The criminal laws were taken principally from the Mosaic code and although many of them may seem harsh and cruel yet, as a whole, they were much milder than the criminal laws of England at that time. No reference was made to the common law of England. All legislation in regard to offences was based upon the Bible, and marginal references to book, chapter and verse were supplied to guide future action. This Code served its intended purpose well and remained in force until the arrival of the Province charter in 1692 save during the short period of the Andros administration.
The judiciary system of the Colony therefore provided for the following courts:
First, the Great and General Court which possessed legislative powers and limited appellate authority from the Court of Assistants.
Second, the Court of Assistants—a Supreme Court or Court of Appeals that had exclusive jurisdiction in all criminal cases extending "to life, limb, or banishment," jurisdiction in civil cases in which the damages amounted to more than £100., and appellate jurisdiction from the County Quarterly Courts.
Third, County or Inferior Quarterly Courts that had jurisdiction in all cases and matters not reserved to the Court of Assistants or conferred upon commissioners of small causes. These courts also laid out highways, licensed ordinarys, saw that an able ministry was supported, and had general control of probate matters, and in 1664 were authorized to admit freemen.
The juries were made judges of the law and the fact and when upon a trial there was insufficient evidence to convict, juries were authorized to find that there were strong grounds of suspicion, and accordingly sentence afterwards was given by the Court. In order to facilitate court proceedings an excellent law was passed in 1656 which authorized the fining of a person 20 shillings an hour for any time occupied in his plea in excess of one hour.
John Winthrop with his company arrived at Salem in June, 1630, and ten weeks later the first court in the Colony was held at Charlestown. The maintenance of the ministry was the first concern, to be followed by an order regulating the wages of carpenters, bricklayers, thatchers and other building trades. Thomas Morton at "Merry Mount" was not forgotten for he was to be sent for "by processe," and a memorandum is entered to obtain for the next Court an estimate "of the charges that the Governor hathe beene att in entertaineing several publique persons since his landing in Newe England."
At the second meeting of the Court of Assistants, three of the magistrates were fined a noble apiece for being late at Court and three weeks later Sir Richard Saltonstall, because of absence, was fined four bushels of malt. It was at this Court that Thomas Morton was ordered "sett into the bilbowes" and afterwards sent prisoner into England by the ship called the Gifte. His goods were ordered seized and his house burnt to the ground "in the sight of the Indians for their satisfaction, for many wrongs he hath done them from time to time." Several towns were christened the names by which they are still known, and those who had ventured to plant themselves at Aggawam, now Ipswich, were commanded "forthwith to come away."
Aside from Morton's offences at Mount Wollaston, nothing of a criminal nature seems to have been brought to the attention of the Court until its third session on September 28th. To be sure the Governor had been consulted by the magistrates of the Colony at Plymouth concerning the fate of one John Billington of Plymouth who had murdered his companion John New-Comin. Billington was hanged, and "so the land was purged from blood."
Unless murder may have been committed at an earlier date by a member of some crew of unruly fishermen along the coast, this was the first murder committed in the English settlements about the Massachusetts Bay. But unfortunately it was not the last. Walter Bagnell's murder in 1632 was followed by that of John Hobbey and Mary Schooley in 1637, and the next year Dorothy, the wife of John Talbie, was hanged for the "unnatural and untimely death of her daughter Difficult Talby." The daughter's christian name at once suggests unending possibilities.
In the winter of 1646 a case of infanticide was discovered in Boston. A daughter of Richard Martin had come up from Casco Bay to enter into service. She concealed her condition well and only when accused by a prying midwife was search made and the fact discovered. She was brought before a jury and caused to touch the face of the murdered infant, whereupon the blood came fresh into it. She then confessed. Governor Winthrop relates that at her death, one morning in March, "after she was turned off and had hung a space, she spake, and asked what they did mean to do. Then some stepped up, and turned the knot of the rope backward, and then she soon died."
This curious "ordeal of touch" had also been applied the previous year at Agamenticus on the Maine Coast when the wife of one Cornish, whose bruised body had been found in the river, with her suspected paramour, was subjected to this supreme test. It is recorded that the body bled freely when they approached which caused her to confess not only murder but adultery, both of which crimes were punishable by death. She was hanged.
Probably the last instance in Massachusetts when this "ordeal of touch" was inflicted, occurred in a little old meetinghouse in the parish of West Boxford, in Essex County, one July day in the year 1769. The previous December, Jonathan Ames had married Ruth, the eldest daughter of the widow Ruth Perley. He took his bride to the house of his parents, some five miles distant, and lived there. As in some instances since that time, the mother-in-law soon proved to be not in full sympathy with the young bride living under her roof. In May a child was born and a few days after the young mother died under circumstances which caused suspicion in the neighborhood. The body was hastily buried, none of the neighbors were invited to be present, and soon, about the parish, were flying rumors, which a month later crystalized into a direct accusation and a coroner's inquest. It was held in the meetinghouse that formerly stood in the sandy pasture near the old cemetery. The Salem newspaper records that the building was "much thronged by a promiscuous multitude of people."
The court opened with prayer, the coroners then gave the jury "their solemn charge" and then the entire company proceeded, "with decency and good order," over the winding roadway up the hill to the burying ground, where for five weeks had lain the body of the young bride. During the exhumation the crowd surged around the grave so eagerly that they were only held in check by the promise that all should have an opportunity to inspect the remains. The autopsy at the meetinghouse resulted in a report from the jury that Ruth Ames "came to her death by Felony (that is to say by poison) given to her by a Person or Persons to us unknown which murder is against the Peace of our said Lord the King, his Crown and Dignity." When it was found that no sufficient evidence could be adduced to hold either the husband of the murdered girl, or his mother, then was demanded an exhibition of that almost forgotten "ordeal of touch." The body was laid upon a table with a sheet over it and Jonathan and his mother were invited to prove their innocence by this gruesome test. The superstition required the suspected party to touch the neck of the deceased with the index finger of the left hand. Blood would immediately follow the touch of the guilty hand, the whiteness of the sheet of course making it plainly visible. Both mother and son refused to accept the ordeal. Whether or no they believed in the superstition, we never shall learn. Fear may have held them motionless before the accusing eyes. Certainly the nervous tension at such a time must have been very great.
The Gazette states that the examination gave great occasion to conclude that they were concerned in the poisoning, and a week after the inquest they were arrested and confined in the ancient jail in Salem where the persons accused of witchcraft were imprisoned many years before. They were indicted and brought to trial. John Adams, afterwards President of the United States, then thirty-four years of age, was counsel for the accused. Jonathan Ames turned King's evidence against his mother. It was midnight before the counsel began their arguments and two of the three judges were explicit in summing up the evidence, that there was "a violent presumption" of guilt, but at nine o'clock in the morning the jury came in and rendered a verdict of "not guilty." May the result be attributed to John Adams's eloquence and logic or to the vagaries of our jury system?
But we are a long way from the third session of the Court of Assistants held September 28, 1630. Not until this time did the law begin to reach out for its victims. John Goulworth was ordered whipped and afterwards set in the stocks for felony, not named. One other was whipped for a like offence and two Salem men, one of whom has given us an honored line of descendants, were sentenced to sit in the stocks for four hours, for being accessory thereunto. Richard Clough's stock of strong water was ordered seized upon, because of his selling a great quantity thereof to servants, thereby causing much disorder. No person was to permit any Indian to use a gun under a penalty of £10. Indian corn must not be sold or traded with Indians or sent away without the limits of the Patent. Thomas Gray was enjoined to remove himself out of the Patent before the end of March, and the oath was administered to John Woodbury, the newly elected constable from Salem.
At the next session William Clark, who had been brought to book at a previous Court for overcharging Mr. Baker for cloth, now was prohibited cohabitation and frequent keeping company with Mrs. Freeman and accordingly was placed under bonds for a future appearance. Three years later this offender became one of the twelve who went to Agawam and founded the present town of Ipswich, and ten years later still another William Clark of Ipswich was sentenced to be whipped "for spying into the chamber of his master and mistress and reporting what he saw."
November 30, 1630, Sir Richard Saltonstall was fined £5, for whipping two persons without the presence of another assistant, as required by law; while Bartholomew Hill was whipped for stealing a loaf of bread, and John Baker suffered the same penalty for shooting at wild fowl on the Sabbath Day. And so continues the record of intermingled punishment and legislation.
The struggling communities that had planted themselves along the shores of the Massachusetts Bay largely had refused to conform to the rules and ordinances of the English Church. If the records of the Quarterly Courts are studied it will be seen that the settlers also failed to obey the rules and laws laid down by the magistrates of their own choosing. To be sure there were large numbers of indentured servants and the rough fishermen along the coastline have always been unruly. Much also may be attributed to the primitive and congested life in the new settlements. Simple houses of but few rooms and accommodating large families, surely are not conducive to gentle speech or modesty of manners nor to a strict morality. The craving desire for land holding, and the poorly defined and easily removed bounds naturally led to frequent actions for trespass, assault, defamation, slander and debt. The magistrates exercised unusual care in watching over the religious welfare of the people and in providing for the ministry. It has been stated frequently that in the olden times everyone went to church. The size of the meetinghouses, the isolated location of many of the houses, the necessary care of the numerous young children, and the interesting side lights on the manners of the times which appear in the court papers, all go to prove that the statement must not be taken literally. Absence from meeting, breaking the Sabbath, carrying a burden on the Lord's Day, condemning the church, condemning the ministry, scandalous falling out on the Lord's Day, slandering the church, and other misdemeanors of a similar character were frequent. A number of years before the Quakers appeared in the Colony it was no unusual matter for some one to disturb the congregation by public speeches either in opposition to the minister or to some one present. Zaccheus Gould, a very large landholder, in Topsfield, in the time of the singing the psalm one Sabbath afternoon sat himself down upon the end of the table about which the minister and the chief of the people sat, with his hat on his head and his back toward all the rest of them that sat about the table and although spoken to altered not his posture; and the following Sabbath after the congregation was dismissed he haranged the people and ended by calling goodman Cummings a "proud, probmatical, base, beggarly, pick thank fellow." Of course the matter was ventilated in the Salem Court.