Bay granted aid to the refugees from King Philip's war,' and this has been regarded as a precedent for the granting of aid later to those who could not be settled on any town or county for support. From time to time the commonwealth has attempted to rid itself of a portion of the burden thus assumed and to throw it back upon the towns; but the towns have usually retaliated by amplifying their charges against the commonwealth.

To resume: by 1691 our poor-laws comprised a law of settlement requiring undisputed residence in a place for three months; a law authorizing justices of the peace to adjust disputes between towns concerning the settlement of paupers; and a provision that paupers who could not be settled in any town should be chargeable either upon some county-if settled therein by the justices or upon the colony itself. In each town the selectmen provided for those requiring aid, and performed duties which, as they became later more arduous, devolved upon special boards of overseers of the poor. Except indirectly through provisions concerning the admission of strangers as inhabitants of towns, the colonies had not dealt with the question of immigration. This question came before the general court during the first decade of the following period.

1692-1789.

The early legislation under the new charter received in 1692 and uniting the settlements under one government re-enacted provisions already in force.

Mr. Peter Olliver was ordered by the general court assembled in that town to join with the deacons of the church of Boston in receiving these and other gifts for erecting an almshouse.-"Memorial History of Boston," iv, 644.

1See Report of State Board of Charities, 1864, p. 236 seq.

Overseers of the poor, or where there were no overseers the selectmen, were to take care that “all children, youth, and other persons of able body living within the same town, or precincts thereof (not having estates otherwise to maintain themselves) do not live idly or mispend their time in loitering, but they be brought up or employed in some honest calling, which may be profitable to themselves and the publick." And if any persons "fit and able to work" loitered and misspent their time, or wandered from place to place, they were on conviction thereof before one or more justices of the peace to be sent to the house of correction and "at their entrance be whipped on the naked back by the master of such house or such other as he shall procure, not exceeding ten lashes, and be there kept at hard labour until he or she be discharged by such justice or justices or the quarter sessions of the peace for the same county."

The overseers were authorized to bind out children as apprentices—the children not of paupers only, but of all those who were in the estimation of the judges unable to support their own children,-males to the age of twenty-one, females to the age of eighteen or marriage. Such children were to be taught to "read and write as they might be capable." So that no single person until he came to the age of maturity might be suffered to live at his own hand, or grow up in ignorance outside family government.

1Acts and Resolves of the Province Massachusetts Bay, chapter 28, sec. 7, 1692–93.

2 Ibid., chapter 14, sec. 1, 1703-4. The modifications of this educational clause in the various renewals of this law are interesting. In 1710 (chapter 6, sec. 1, 1710-1) males are to be instructed "to read and write; females to read as they respectively may be capable"; in 1741 (chapter 20, sec. 1, 1740-1) "males to read, write and cypher; and females to read as they may respectively be capable"; in 1771 (chapter 5, sec. 2, 1771-2) females were to be instructed "in reading and writing, if they shall be capable.”

The term of residence requisite to give legal settlement remained as it had been, three months. Within three months of his coming to town any person might be warned to depart, but not after the expiration of that period. The law was, however, so amended, in the general revision of 1692, that the town could recover from any relatives-in the degrees of father or grandfather, mother or grandmother, child or grandchild-capable of aiding in the support of the person to be relieved. The justice of the peace determined what portion of the expense each relative should bear, and in making up his estimate the judge took into consideration resources as well as degrees of relationship. The amount assessed upon each relative had to be forthcoming on penalty of twenty shillings for every month of delay in its payment. Physicians and school-masters stood in loco parentis to those in their charge. Any person warned to depart from any town who neglected to do so for the space of fourteen days might be removed by a warrant from the next justice of the peace, and "be sent and conveyed from constable to constable" into the town where he properly belonged or had his last residence, "at his own charge if able to pay the same, or otherwise at the charge of the town so sending him."

Seven years later, 1699, an act "for the Suppressing and Punishing of Rogues, Vagabonds, Common Beggars, and other Lewd, Idle and Disorderly Persons; and also for setting the Poor to work," provided for the erection of houses of correction in every county where such houses had not already been erected. Justices of the peace in each county nominated a master for the

1 Acts and Resolves of the Province of Massachusetts Bay, chapter 28, sec. 10, 1692-3.

county house, and passed orders for the governing of it. The court, or any justice of the peace out of the court, might commit thereto various petty criminals and distitute persons. The selectmen of each town,—or in the case of children and servants, the parents or masters,furnished materials for keeping the inmates at work. An inmate might receive an allowance of 8 d. in every shilling he earned; if he were the head of a family his whole earnings might go to his family, or so much of his earnings as the court should direct. Masters kept strict account of the expenses incurred for each inmate; such expenses were charged up against the towns from which the inmates came respectively-except servants and children chargeable to masters and parents. Where the earnings of the inmate, over and above the expenses incurred for relief, were insufficient compensation for the master, the justices of the peace fixed what should be paid by the town; and on the other hand, any surplus earnings were paid over to the town. The masters of these houses were to render to the justices an exact

1 To quote at length from section 2, chapter 8, 1699, those eligible for commitment were the following:-"Rogues, vagabonds and idle persons going about in any town or county begging, or persons using any subtle craft, jugling or unlawful games or plays, or feigning themselves to have knowledge in physiognomy, palmestry, or pretending they can tell destinies, fortunes, or discover where lost or stolen goods may be found, common pipers, fidlers, runaways, stubborn servants or children, common drunkards, common night walkers, pilferers, wanton or lasivious persons, either in speech or in behavior, common railers or brawlers, such as neglect their callings, mispend what they earn, and do not provide for themselves or the support of their families." Such persons the master had authority to punish with fetters or shackles, or by moderate whipping. Unless the warrant of commitment otherwise directed, whipping was to be inflicted at the first coming in of the persons committed, "and from time to time in case they be stubborn, disorderly or idle, and do not perform their task, and that in good condition, according as they shall be reasonably stinted." (Section 3.) The master might also "abridge them of their food," as the case might require.

account of all profits and earnings; also an exact account once a year, or oftener, to the town.

The general court turned its attention to the question of immigration during the session of 1700-1701. An act of this session made it incumbent upon the master of every ship entering a Massachusetts port from any other country or colony, to deliver to the receiver of the impost a perfect list of passengers, their names and circumstances so far as known, on penalty of £5 for every passenger landed whose name was omitted.1 Those likely to become chargeable to the town must give security, or if security could not be obtained the master of the ship must transport such persons out of the province: provided the passenger had never been an inhabitant of the province, and provided, further, that the injury or sickness had not befallen the passenger on the voyage. One serious difficulty in the administration of this act arose from the fact that in many of the ports there were no receivers, and at such places passengers might still be landed without being listed, and masters escaped the duty of carrying off the impotent and the lame. The administrative features of the law were not mended till 1722, when town treasurers and selectmen were authorized to receive the lists in ports where no receivers were stationed.2

Acts and Resolves of the Province of Massachusetts Bay, chapter 23, 1700-I. The preamble recounts some of the conditions which brought about the passage of act:-"For the better preventing of persons obtruding themselves on any particular town within this province, without orderly admission by the inhabitants of such town, or the selectmen thereof, in manner as hereafter is exprest, and for the remedying manifold inconveniences and a great charge heretofore occasioned thereby; to the intent also that the selectmen may the more easily come to a certain knowledge of persons and their circumstances that come to reside and sojourn in such town," it was enacted that, etc.

2 Ibid., chapter 5, 1722-23. This act also required masters of coasting vessels to give lists within twenty-four hours; and attached a