ASSIZES, 1652-A FEMALE EXECUTIONER. 25 СНАР. XI. before the said Companies ship could arrive, most of the said crop was barterd, solde, or connivingly freighted for Holland, upon the pretences mentioned in the letter from the Islands, 1650-1658. wch was to the prejudice of this State in their losse of Custome and Excise to the value of neere 1500l as wee have information, wch if the said right Honble Councel of State shall in convenient time bee pleas'd to obviate for the future, by permiting the said Company to send their shipping in due time, they no ways doubt, but they shalbee able to prevent ye Dutch from tradeing there hereaftr.1 (4) Lastly, That y° right Honble Councel will give liberty for the seizing of any Holland ship that may come wthin y Islands and by all just meanes to induce or compell satisfaction fro the Inhabitants, or Accessories in y case, whereby y° States losse & y Companies prejudice may bee redeemed as farre as may bee duly effected. JOHN MORDAUNT Secretary. 12. Extract from the Record of the Assizes 8-9-10 June, 1652. (1) William Worth of Sandys Tribe was tried and convicted of an unnatural offence, and suffered death on the 14th July The charges and fees paid in this instance will be found among the items of the General Levy for the year, and amount to 240 lbs of Tobacco. (2) The Jury for the keepers of the comonweath of England do present Black Moll a negro woman servant to Mr Leikcaroft (Leacraft?) of South.ton tribe in the Som Islands for that she in the month of Aprill or March last past in Ano 165 did enter into the dwelling house of Nicholas Howe of the tribe aforesd And being there did ffeloniously take steale and carry awaie 2 holland aprons one wastcoat one peticoat one purse one pincushen 2 needle cases 2 Rings, one knife, one quoife 3 sheddewes 2 papirs of pins price together 7 of the goods & chattells of the said nicholas Howe contrary to the peece of the comonweath of England and the dignity there of. To wh indictment she pleaded not Guilty but being by the Grand Inquest found a true Bill for her further trial put herselfe upon God and the cuntry wch being a Jury of 12 men sworne found her guilty. But she acknowledging the fact was condemned to death Yet the country being then destitute of an executioner the Governor thought fitt to make her executioner upon the body of Worth abouesd & soe reprieved her. 1 See vol. i. pp. 668–672. 26 CHAP. XI. 1650-1658. ASSIZES, 1652-SENTENCE OF DUCKING. (3) Another indictment follows of the same Black Moll for robbery in a certain House or cabbin' upon the Governors land -for which she was found guilty And was dealt with accordingly, as is abouesd. (4) A few days later a warrant was issued to Black Moll to perform this office. To wh, warrant the said Black Moll was obedient, and performed execution upon the body of Worth accordingly the 14 daye of July 1652 (5) A woman-servant of Mr. John Miller for theft is condemned to be burnt in the hand with the letter T (thief). (6) Robert White presented for theft. Bill ignored. (7) Henry Ward presented for witchcraft. See Appendix.1 (8) Alice How presented for stealing various articles of apparell, coming in the ship called the King of Poland from England To which she pleaded not guilty, but the grand in→ quest found it a true Bill, but because it was not cleare by Law that being done at sea, she was now punishable on land yt was suspended, and for former misdemeanours towards Mr Wilkinson and others she was adjudged to be duckt, wch was performed accordingly by the sherriff. 13. This assize of June 1652 was the first in which the Republican or Puritan party was completely in the ascendent. The reappearance in the Council of Mr. Wilkinson, Mr. Paynter, and others, whose absence has been so often noted of late years, is itself an indication of this; another is afforded by the inordinate length and altered character of the list of presentments by the Grand Inquest, which fill six closely written folios. The tops of all these pages are in the original too defective to be copied in full, but the following abstract conveys their substance: All the executions, and the greater part of the trials, for witchcraft occurred under the government of Captain Forster; but as indictments occur down to 1696, they are all brought together in the Appendix. PRESENTMENTS, 1652. 27 CHAP. (1) A complaint against the method of making the Levies, and a petition That being yt is the Law of the comonwealth of XI. England and the subiects priviledges for men to pay their sub- 1650-1658. sidyes by their Lands or estates. And that yt hath bin consent to here both by the company and country, and also practised formerly and put in execution: that you will be pleased that yt may be no longer interrupted but to haue this course and the Inhabitants restored to their priveledge and libertyes, and euery man to beare his owne Burthen (2) Wee the grand Inquest perceiueing what a prophane condition the Island is fallen into since wee haue bin destitute of preaching ministers soe that, that weh hath bin very rare, and seldome found to be done amongst us now is grown vsual and comon that is for men to saile and go abroad in their boats on the Lords dayes to the great dishonor of Almighty god, and danger of drawing downe the Judgement of god vpon vs and scandal vpon the Inhabitants who haue had the honor and benefit of all these westerne Plantations to be a people of a sweete and religious Gouernm' And this greate evil hath ben very much strengthened by the practice of the Dutch, yet wee professing otherwise and knowing how tender the Lord is of his sabothes, and that all the Judgements that came vpon the Jewes (the Lords people) was mostly for breache of the saboth, we do desier your worship that hereafter yt may not be lawful for any maner of person or psons for to saile abroad on the saboth day, vnles in case of need of a midwife or surgeon and that if any shall presume to go in boats on the sabothe day after notice hereof we desier they may suffer as prophaners of the saboth. and if it should fall out that any should be abroad, and did not come home in the 6 dayes that they should be constrained to stay there vntill the Sabboth was over (sic), and the officers of each parrish that looke to the liues and conversations of the people shall take notice of such offenders and present them at the assizes (3) We the grand Inquest taking notice of diuers complaynts that are made of many wronges and trespasses that they suffer by a new practised way, men sending their servants and children for to digge crabes for bayt in Grounds who enter into mens pastor grounds, potato grounds or corneground, and never once acquaint the owners of the ground thereof, but they dig great holes vp to a mans thigh, and goe their waies leaueing them open to the great hazard of the breakinge of mens limbes if he passeth that way unawares, or in the night, or a beast may be subiect to do the like, they will enter into potato ground and do the like to the preiudice of their neighbours by spoyleing their prouisions: we desier of your worship that this great 28 CHAP. XI. PRESENTMENT AGAINST DRUNKENNESS. abuse may be remedied. And some instrument may be framed for the preuention thereof and that some penalty may be layd 1650-1658. vpon such as shall after notice hereof is giuen presume to goe into other mens grounds in such a kind wthout leaue of yo owner of the ground (4) We the grand Inquest taking into consideration the great and grievous destruction of Palmeto trees for Bibby wch doubtless was at the first innocently done by them who would drink a cupp or the like, and then but of trees growing vpon waste places, yet as tyme and experience brings things to perfection soe now not contented are they But they say the highest trees yield the sweetest Bibby so that none are safe and the best Trees are cutt, But if this mischiefe be not timely arrested all of our trees wilbe destroyed And as we say, at the first, cutting of Bibby was done but in moderation for to drink a cupp or the like: But now they have learned to destill yt into aquavitæ and so for to make more of yt that they now cutt Palmeto trees in all manner of places. Idle negros in all parts of the Islands cutt most. And although all the Inhabitants knowe well of what great vses these palmeto trees are of in this plantation and that wee could not liue without it, yet they not regardinge posteritye and aymeing at selfe ends by making a p'fitt of Bibby by Aquævitæ. And although this cutting of Bibby was forescen by the last grand jury, And presented at the Assizes yet wee see noe redresse nor remedy thereof But rather increasing of their worke: Wee doe therefore desier and pray yo wor and your council that some meanes may be found out to restrayne them so that if any shall presume hereafter to cut any palmeto trees only to distill into drinke vnles they be trees eyther ready fallen or that they haue a purpose to cleare them off to make vse of the ground, be fyned and he or they that shall informe against shall haue part of the fyne (5) Presents the great increase and multiplying of all manner of disorders of late yeares and amongst these the sin of drunkenes which hath passed of late yeares almost without controule few or none showing any dislike thereof and it is like to be increased and maynteyned by the signes of the great provision there is made in euery place for keeping it vp. If the Lord do not as yt were contend with vs agaynst yt by taking our ffruits away wch we most humbly beseech him to spare vs them. Wee beseech your worship to take the matter into serious consideration. And put a newe life into the wholesome lawes we are extant and are prouided against that sin of drunkeness. And that your Councellors in every of their respective Tribes be zealous magistrats and watch to shew themselves valient for the glory of God Causing all such offenders to suffer accordingly AGAINST PROFANITY AND LYING. XI. 29 (6) Against the common and usual custome of sweareing and CHAP. by all sorts of people in these Islands. And very few that here yt take any notice or make any matter of yt, As though there 1650-1658. were no harme in yt Although the p.phett of the Lord saith to the people of his tyme, because of oathes the land morne. And our Lord Jesus Christ saith Sweare not at all and he will not hould him guiltles that taketh his name in vayne and in fformer tymes Swearers have bin punished according to the Lawes in these Islands but now all thinges are out of course of a long tyme And men haue done what seemeth good in theire own eyes. And in consideration hereof wee humbly desier that the Lawes against Sweareing may be reviued and all Sworne officers charged to put the lawes in execution that all swearers may so suffer for yt that God may haue glory thereby and that there may be hope of the lessening of the horrible sin of swearing in these Islands (7) That all Laws and Orders may be publickly read. At least once a quarter (8) Wee the grand Inquest haueing taken into considerations the great dishonour that is done to Almighty God in these Islands by prophane and cursed sweareing, and haueing drawne vp a presentment about yt to y' worship, ther was brought vnto vs by the honest church wardens of Deuon Tribe a paper written by Mr Richard Norwood counsellor of that Tribe concerning one Thomas Garraway which was taken from very able testimonyes that Garraway did sweare 20 oathes as itwere together, vnto wch sin the said Garroway is knowne and reported to be notoriously addicted, and doth without remorse continue therein, and besides the said Garroway is accused vnto vs by M' ffrancis Watlington to be a prophaner of the Lords Sabboth [the Governor is prayed to take steps against him, and against one Richard. most base deboshed fellow] a (9) One Thomas Adams is presented for most vnseemly immodest carriage to Judith wife of Rowland Greatbatch, wee doe desier that your worsp would take yt into your consideration for here are too many of such bould and impudent fellowes, that a moddest woman cannot enjoy herselfe in peace. And proceed against this fellow soe that it may be a meanes to daunt all other bould fellowes that shall here of yt from attempting any such wickednes as is to be feared be designed. (10) Against the great sin of lyeing wch doth exceedingly abound in these Islands, soe that men are very much wounded in their reputations, as of late some of us have had experience And at present a complaint hath been made vnto vs of one John Sanders who goes commonly by the name of the Deuills Bricklaier because the deuill is a lyer and the father of yt: prays a |