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Church Record Sunday: Essex County, Massachusetts Court Records for 1642

"The Life of Faith in Three Parts," 1670 by Richard Baxter(1615-1691) via https://commons.wikimedia.org/wiki/Category:Puritans#/media/File:The_life_of_faith_-_in_three_parts_(1670)_(14780420531).jpg
The Life of Faith in Three Parts,” 1670 by Richard Baxter(1615-1691) via
https://commons.wikimedia.org/wiki/Category:Puritans#/media/File:The_life_of_faith_-_in_three_parts_(1670)_(14780420531).jpg

McMurray Family, Burnell Family (Click for Family Tree)

Still perusing the transcribed court records in the Essex Antiquarian from 1642-3 (see our first post, “Amanuensis Monday: Essex County, Massachusetts Court Records for 1642” at http://heritageramblings.net/2015/11/09/amanuensis-monday-essex-county-massachusetts-court-records-for-1642/), today we focus on religion. Although technically not ‘church records,’ at this time in the New England colonies, the church and state were inexorably linked, although not as deeply as they had been in England.

The English Anglican Church had continued the Catholic sacrament of baptism to remove original sin; it was required for salvation. The Puritans, however, believed that a pious life was more important than this sacrament, and wished to have less church hierarchy involved in daily life; infant baptism thus fell out of favor. Apparently, however, Essex, Massachusetts gained a new minister who reverted to requiring infant baptism for salvation, and this change was a problem for many.

Lady Deborah Moody was to appear in court for “not believing in infant baptism.” Lady Moody did not appear in court but it was said that she was “in a way of conviction before the elders.” Apparently the church elders were going to work with her to change her beliefs, but quite a number of residents were cited for similar “mis”-convictions:

“Mr. Cobbett taught things against his [the defendant, William Winter’s] own conscience, and for speaking against the ordinance of infant baptism… He is willing to see the light from speech of our elder Mr. Norris. To acknowledge his fault next lecture and ask Mr. Cobbet’s forgiveness.”

“Thomas Patience by a common fame, and upon vehement suspicion, not only of holding, but also of fomenting ye error that baptism of infants is no ordinance of God, and hindering his child from baptism.”

Not only was holding thoughts against infant baptism bad, but “argument in public” or “speaking contemptuously of it” were also prosecuted.

Religious services went long into the Sabbath, and the crowded churches were probably warm on humid summer days, and cold in the winter. The droning words of the sermon likely had a soporific effect, especially after six days of hard labor, but acting on those sleepy impulses was not acceptable:

Jeffrey Esty/Estie was “admonished for much sleeping on the Lord’s days in time of exercise.”

‘Exercise’ in this case is a religious observance or service, not ‘working out’ as we know it.

Roger Scott of Lynn was brought to court for “common sleeping at public exercise on Lord’s day, and for striking him who waked him.” (!!)

The Sabbath had restrictions on what could be done that day- absolutely no work:

The servant John Colever was presented to the court for “carrying a burden on the Lord’s day.” He did not appear, as he was out of the country.

During that same session, Joshua Downing was called for “carrying a burden upon an ass on ye Lord’s day about two years ago.” (No statute of limitations?) Richard Norman was “fined for slighting ordinances and carrying burden on Lord’s day.”

“Ordinances” were part of the church ritual in this case, not just the town laws. One William Robinson not only slighted, but was absent from ordinances, and was cited as well for “carrying a fowling piece on Lord’s day.” As a ‘fowling piece’ was a gun used to shoot birds, hopefully he had leftovers available for dinner.

The old village stocks in Chapeltown, Lancashire, England, via Wikimedia, CC by 2.5 license, author Austen Redman.
The old village stocks in Chapeltown, Lancashire, England, via Wikimedia, CC by 2.5 license, author Austen Redman.

We take our free speech for granted, and grew up learning that the colonists came to this country in order to find the freedom of speech and religion they did not have in England. That freedom apparently only went so far. One William Goult of Salem, was cited “for reproachful and unseemly speeches against the rule of ye church.”

Punishment for his freely spoken words was “to sit in stocks an hour and be severely whipped next lecture day.” Part of the public humiliation included that the feet protruding from the stocks were to be bare (how scandalous!), and the weather did not matter- these court cases occurred in winter, so that one hour of public indignity was probably pretty miserable. Assuredly the whipping on the next lecture day would have been worse. Both of these punishments are found in the bible.

 

Notes, Sources, and References: 

    1. The Essex Antiquarian. Salem, MA: The Essex Antiquarian, 13 vols. 1897-1909. (Online database: AmericanAncestors.org. New England Historic Genealogical Society, 2006.) Volume 4, pages 123-126.

 

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Family history is meant to be shared, but the original content of this site may NOT be used for any commercial purposes unless explicit written permission is received from both the blog owner and author. Blogs or websites with ads and/or any income-generating components are included under “commercial purposes,” as are the large genealogy database websites. Sites that republish original HeritageRamblings.net content as their own are in violation of copyright as well, and use of full content is not permitted.
 
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Amanuensis Monday: Essex County, Massachusetts Court Records for 1642

A Puritan gathering, from "New England, old and new; a brief review of some historical and industrial incidents in the Puritan "New English Canaan," still the Land of promise." via Wikimedia; public domain.
A Puritan gathering, from “New England, old and new; a brief review of some historical and industrial incidents in the Puritan “New English Canaan,” still the Land of promise.” via Wikimedia; public domain.

Since we have been time-traveling to the 1600s in New England, sharing some  court records that were published in the Salem, Massachusetts genealogy and history magazine called Essex Antiquarian might help give us a better sense of how a community operated, proscribed behavior, and punished those who did not follow the rules (and were caught).

These records are a circa 1900 transcription of records published from the Salem [Essex County, Massachusetts] Quarterly Court Records and Files, Court, 27:10:1642 [maybe 27 December 1642?, since the first month of the year was March in Old Style (O.S.) dating, so the 10th month would be December. Need to research this to make sure the month was not changed by the transcriber to the New Style (N.S.) dating we still use, in which the 10th month is October.] We have also included some records from the second court session, 28:12:1642. These records are available on the New England Historic Genealogical Society’s website, AmericanAncestors.org, which does require a paid membership to access most of their records. (Worth it!) These records were in the Essex Antiquarian, Volume 4, pages 123-5.

Research has shown that our earliest Burnell ancestor yet found, Robert Burnell, was born in Lynn, Essex County, Massachusetts in 1669, married there to Sarah Chilson, and died in Lynn in 1737. Their son John Burnell was born there in 1696 too, but this family has not yet been thoroughly researched in this time and place. (So many ancestors, so little research time.) It is very highly likely that Robert’s parents lived in Lynn, for at least a short period of time since he was born there. Robert’s parents (names unknown) or their parents may been in the courtroom for one of the following cases!

These court cases are not written exactly as published, in order for them to be more clear to the modern reader. If I have corrected all the spell-check corrections, they will have retained some of the charming spelling and phrases of the 1600s. Sections in quotation marks are directly from the records transcribed.

Will of Samuel Smith of Enon proved. J[onathan or John] Thorndyke deposed [stated] that Samuel “had his senses” when the will was written. George Emory deposed that “The vapors in his stomake caused paine in his head,” etc.

Alcoholic beverages were used for hydration instead of water to prevent water-borne illnesses like dysentery, parasites, etc. Even children drank spirits, such as cider or “small” beer which was watered down. Excessive use of alcohol by some was a problem in the 1600s as it has been for centuries. Here are a few cases that indicate such:

“Joseph Dalebar testified that Singleton was distempered with liquor and reeled out of Kieney’s house.” There was another witness as well.

“Thomas Gary of Marblehead, whipped for drunkeness.”

Thomas Tuck of Salem was “fined for drunkeness and tippling.” Tippling is drinking small amounts of alcohol continuously, or larger amounts excessively, but apparently Thomas finally got enough to make him drunk. One Roger Scott was taken to court for “idle speeches and excessive drinking.”

Wonder if there was some alcohol involved in this case:

John Peach Sr. was “fined for giving Trustrum Doliver opprobrious provoking words urging to a breach of ye peace.” ‘Opprobrious’ is derived from the Latin for “to reproach or taunt.” Hopefully there was only the urge to break the peace after these words, rather than a real fight.

All sorts of cases passed through the court: A Mr. Johnson was cited for ” breach of town order, felling trees.” [No noisy chainsaws in those days, though.]

A servant named Henry Bullflower visited and entered the houses of two residents “in time of public meeting on Lord’s day, and there taking and eating provisions.” He was severely whipped for breaking and entering and eating.

Twelve men were taken to court for keeping their cattle “in ye common corn fields, and 11 were fined. One man was not fined, “his cattle being “diseased.” [? maybe not right in the head so they wandered?] Another man was only levied half of the fine, as the cattle were his brother’s “a poor man Gone for England & his wife here” per the court record. (This does show how families migrated together so they could work together to survive in the New World.)

Frances Perry went to court for “putting his oxen in to South field before harvest.” The towns had even more regulations for farming than there are today, but following them was important. The community had common fields and assigned each family a proscribed lot. These oxen may have trampled and eaten part of the neighboring crop; even if they didn’t, Goodman Perry was breaking the rules and must be punished for that.

The term “quit” is used in legal parlance to mean vacate, give up possession, or discontinue. “Suffering” means allowing. This is my favorite of today’s notices:

“William Keney of Marblehead presented for suffering disorder in his house. Quit; not being his house.”

Ahh, legal technicalities.

 

Notes, Sources, and References: 

  1. The Essex Antiquarian. Salem, MA: The Essex Antiquarian, 13 vols. 1897-1909. (Online database: AmericanAncestors.org. New England Historic Genealogical Society, 2006.) Volume 4, pages 123-126.

 

Please contact us if you would like higher resolution images. Click to enlarge images.

We would love to read your thoughts and comments about this post (see form below), and thank you for your time! All comments are moderated, however, due to the high intelligence and persistence of spammers/hackers who really should be putting their smarts to use for the public good instead of spamming our little blog.
 

Original content copyright 2013-2015 by Heritage Ramblings Blog and pmm.

Family history is meant to be shared, but the original content of this site may NOT be used for any commercial purposes unless explicit written permission is received from both the blog owner and author. Blogs or websites with ads and/or any income-generating components are included under “commercial purposes,” as are the large genealogy database websites. Sites that republish original HeritageRamblings.net content as their own are in violation of copyright as well, and use of full content is not permitted.
 
Descendants and researchers MAY download images and posts to share with their families, and use the information on their family trees or in family history books with a small number of reprints. Please make sure to credit and cite the information properly.
 
Please contact us if you have any questions about copyright of our blog material.