HISTORICAL REFERENCES: MASSACHUSETTS. 703 



plantation many fishermen y* are strangers, and Lave formerly dou vs very much damage iu y e consuming of our fire- 

 wood, stage timber and flake stuff.' They desired that an order might be established on this subject." 



An order to prevent swine from wandering about the fishing-stages was made at "a court, holden at Boston, April 

 1, 16:M," which read : 



"It is ordered, that if any swine shall, in fishing time, come within a quarter of a myle of the stage att Marble 

 Uarb r , that they shalbc forfected to the owners of the s d stadge, & soe for all other stadges within theislymitts." 1 



The town records of Salem. Massachusetts, the 28th of the first mouth, 1(536', contain this item : 



"John Peach ffisherman and Nicholas Mariott having fenced about five acres of ground on Marble Neck (though 

 contrarie to the order of the towue) yet Its agreed that they may for present improve the said place for building or 

 planting, provided alwayes that the propriety thereof be reserved for the right of the towne of Salem, to dispose of in 

 processe of tyme to them or any other ffisher men, or others as shalbe thought most meet, yet soe as that they may 

 have reasonable consideracon for any chardge they shalbe at." 3 



The offense, for which the above-mentioned persons were reproved by the town authorities, was committed by one 

 John Gatchell, in 1637. He was fined 10 shillings, but half of this amount was to be abated " iu case he should cutt 

 off his long har off his head." 3 



It was probably with a view to put an end to all misdemeanors of this kind that in 163G this order was made and 

 recorded on the town records of Salem : 



"THE 2 d OF THE 11"' Mo: 1636. 



" Item, it is ordered for the better furthering of the fishing trading & to avoid the inconvenience we have found 

 by granting of land for fishermen to plant, That none Inhabiting at Marble Head shall have any other accommoda- 

 tion of land, other than such as is vsuallie given by the Towne to fishermen viz. a howse lott & a garden lott or ground 

 for the placing of their flakes : according to the company belonging to their families, to the greatest family not above 

 2 acres : & the comon of the woods neere adjoyning for their goates and their cattle." 4 



For the protection of the Marblehead fishermen, lawful holders of land granted to them, from intrusion by 

 foreign fishermen this law was adopted : 



"At a General! Courte, at Boston, for Election the 6 th of the 3 th M, 1646. 



"Upon y c petition of Marblehead men y e Cot thinke fit to declare, y howsoeV it hath bene alowcd custome for 

 forraigne fishermen to make use of such harbo r s & grounds in this country as have not bene inhabited by Englishmen, 

 & to take timber & wood at their pleasures for all their occasions, yet in these parts w ch are now possessed, & y e 

 lands disposed in ppriety to seVall townes & psons, & y* by his ma tlcs grant, nud r y e great seale of England, it is not 

 now lawln.ll for any person, eith r fisherman or other, eith r forreyner or of this country, to enter upon y" lauds so 

 apppriated to any towne or pson, or to take any woode or timber in any such places, w th ont y e licence of snch towne 

 or pprieto r ; & if any pson shall trespas herein, y e towue or pprietor so ininred may take remedy by action, or may 

 pserve their goods or other interest by opposing lawfull force against such uniust violence; pvided, y' it shalbe 

 lawfull for such fishermen as shalbe implied by any inhabitants of this iurisdiction in y e seVall seasons of y e yeare 

 to make use of any of o r harbo's, & snch lands as are necre adioyning, for y e drying of their fish, or oth r needfull 

 occasions, as also to take such timber for firewocd as they shall have necessary use of, for their fishing seasons, where 

 it may be spared, so as they make due satisfaction for y e same to such towne or pprietor." 6 



Two months later this additional declaration and order was delivered: 



"Att a Genne r all Cou r te of Elections, begnnnetbe 6 th of May, 1646. 



" In ana' to the peticon of seiiall inhabitant' of Ma r blehead, for redresse of many great abuses coffiitted on their 

 inheritances by scuerall fishermen, itt is heereby declared, & o r de r ed that howsoeuer it hath binn an allowed custome 

 for fo rr eigne fishermen to make use of snch ha r bo r s & grounds in this country as have not binn inhabited by English, 

 & to take timber & wood at their pleasure for all their occacons, yett, in these ptes, w ch are now possessed, & the 

 lands disposed in pp r iety to seuerall tonnes & psous, & that by his maj' grannte vnde r the greate seale of England, 

 itt is not now lawfull for any pson, either fishermen or others, either fo rr eine r s o r of this country, to enter vpon any 

 lauds so appiated to any tonne or pson, or to take any wood or timber in any such places w th out the licence of 

 such tonne or pp r iety ; & if any pson shall trespasse herein, the tonne o r pp r iety eo inin r ied may take their rem- 

 edy acCon, or may psecute their goods or other interest, opposing by lawfull fo'ce ag nt snch vnjust violence ; provided, 

 that it shallbe lawfull for such fishe r men as shallbe imployed by any inhabitants of this julsdiccon, in the seuerall 

 seasons of the yeere, to make vse of any of o r ha r b'o r s, & such lands as are neere adjoyning, for the drying of their fish, 

 & other occacons, as also to take such timber or fierwood as they shall have necessary vse of for their fishing seasons, 

 where it maybe spared, so as they make dew satisfacCon for the same to such tonne or p'prietyes. By both." 6 



The offenses which called forth the above laws were due in part to the neglect hitherto shown on the part of the 

 town authorities when making grants of land. "From the bramble-bush on the north, so many feet, to the bramble- 

 liusli on the west," &c., was no uncommon designation. 7 



By this time, 1647, Marblehead had become largely interested in fishing. Felt has recorded this statement: 

 " 1647. By the middle of January flic vessels at Marblehead had caught, in the season of fishing, about 4,000 

 worth of fish." 8 



1 Records of Massachusetts, vol. i [1628-1641], p. 104. 'Records of Maasachnsctts, vol. ii, p. 147. 



* Essex Institute Hist. Coll., vol. is. p. 27. JMd., vol. iii, p. 63. 



'Harper's Magazine, July, 1874, p. 198. 'Harper's Magazine, Jnly, 1874, p. 198. 



'Essex Institute Hist. Coll., vol. ix [1868], p. 27. 'Annuls of Salem, vol. ii, 2d ed., p. 212. 



