important change being the increase of the poll-tax to 28., 6d.; reduced, however, in 1653, to 20d. as before.1

By the procedure thus far adopted there was no means of preventing unequal assessment as between different shires. This defect was remedied in 1668 by the creation of a new board of equalization. It was provided that the general court should appoint two "county commissioners" for each shire who should meet with the town commissioners in the respective shire towns, on different specified days, to revise the assessment "so as that there may be a just and aequall proportion betweene county and county, toune and toune, merchants and husbandmen." This plan does not seem to have been retained in the eighteenth century; but the town commissioners still continued to meet in the shire town as before; and the general sessions had power to grant relief in cases of unjust discrimination."

5

During the early period merchants and others whose estates were not so obvious to view were rated "by the rule of comon estimation, according to the will and doome of the

It is a fact worthy of special mention that throughout New England, as indeed elsewhere, during the seventeenth

1 Mass. Col. Rec., IV, Part I, 154–5. The same system of poll and property tax was retained during the period of the second charter: Acts and Resolves, I, 16, 29, 30, 214, 228, 515, 615, etc.

It is important to keep separate the three sets of commissioners: the "town commissioners," the county commissioners of equalization appointed by the general court, and the "shire commissioners" chosen by the respective towns to carry the votes for county treasurer to the shire town.

3 Mass. Col. Rec., IV, Part II, 363-4, 444. Cf. the plan adopted in Connecticut: Col. Rec., I, 549; II, 48.

*The modification of the procedure adopted in 1692-3 was not to be a precedent: Acts and Resolves, I, 92, 106.

Acts and Resolves, I, 615, 515, 516, 214, etc.

* Acts and Resolves, I, 406 ff.; II, 866, 963.

century-just as in the days of the Norman vicecomestaxes were payable in kind,' or in "country pay," as the records have it.2 Beaver" and wampum were also recognized as legal tender for this purpose; but in Massachusetts the acceptance of the latter was prohibited in 16495—a precedent followed by the Plymouth jurisdiction in the next year. In the former colony, however, it remained a legal tender in payment of private debts."

Often in the order directing the levy the portion which must be paid in money or the rebate for cash is specified;8 and the countless measures for regulating the "prizes" at which produce or stock shall be taken, prohibiting the acceptance of "leane cattell," and prescribing the mode of appraisement,10 or the method of transportation," fill a great space in the early records.

1In Massachusetts, as late as October 1685, the prices of corn and other produce receivable in payment of rates were fixed by order of the general court: Mass. Col. Rec., V, 505. Cf. Plym. Col. Rec., I, 9, 26; II, 45; Connecticut Code, 1650: Trumbull, Blue Laws, 122; New Haven Col. Rec., I, 60; II, 15, 181, 221, etc.; Rhode Island Col. Rec., II, 358–9; Conn. Col. Rec., I, 12, 13, 79, 549; II, 322, etc.

2 So-called in Mass. Col. Rec., V, 296, 417. "Specie" for produce is also used: Ib., I, 304; V, 81.

3 New Haven Col. Rec., II, 15, 181, 221; Mass. Col. Rec., I, 180; II, 27, 112; Conn. Col. Rec., I, 12, 13.

4

Plym. Col. Rec., XI, 57, 128; Mass. Col. Rec., II, 27, 48; IV, Part I, 36; R. I. Col. Rec., I, 217, 392, 400, 474; 2 Mass. Hist. Coll., V, 100, 168, 171; Conn. Col. Rec., I, 12, 13, 61, 79, 179, 546.

On wampum as a legal tender see the interesting monograph of William B. Weeden in J. H. U. Studies, Second Series, VIII-IX; also Dr. Bronson's Hist. Account of Conn. Currency in Vol. I of New Haven Hist. Soc. Papers. 5 Mass. Col. Rec., II, 279.

6 Plym. Col. Rec., XI, 57.

"Mass. Col. Rec., IV, Part I, 36 (1650).

8 Mass. Col. Rec., IV, Part II, 568; V, 45, 55, 245, 443, etc.

9 Mass. Col. Rec., IV, Part II, 464.

10 Mass. Col. Rec., I, 295, 303, 340; IV, Part II, 350.

11 Mass. Col. Rec., V, 66.

IV. THE SHIRE AS A MILITIA DISTRICT.

(a).-The Train Band.

"See then you store your selves with all sorts of weapons for war, furbish up your Swords, Rapiers, and all other piercing weapons. As for great Artillery, seeing present meanes falls short, waite on the Lord Christ, and hee will stir up friends to provide for you: and in the meane time spare not to lay out your Coyne for Powder, Bullets, Match, Armes of all sorts, and all Kinde of Instruments for War."

Such is the quaint but sober admonition of the author of Wonder-Working Providence to the pioneers of New England.1 And of a truth the maintenance of military discipline was long a matter of primary necessity. If each hamlet may properly be regarded as at once a body politic and a congregation of common worshippers, it may with equal truth be styled a band of fellew soldiers. The public trainings began and closed with prayer; and that each town should set apart a "training field" or "training green," was as much a matter of course as the reservation of a common pasture or the build

1Edward Johnson, History of New England; Wonder- Working Providence of Sions Saviour, in New England, London, 1654: 2 Mass. Hist. Coll., II,

59.

2" Being come into the field, the captain called us all into our close order, in order to go to prayer, and then prayed himself. And when our exercise was done, the captain likewise concluded with prayer. I have read that Gustavus Adolphus, the warlike king of Sweden, would before the beginning of a battle kneel down devoutly, at the head of his army, and pray to God, the giver of victory, to give them success against their enemies, which commonly was the event; and that he was as careful also to return thanks to God for the victory. But solemn prayer in the field upon a day of training, I never knew but in New England, where it seems it is a common custom. About three of the clock, both our exercise and prayers being over, we had a very noble dinner, to which all the clergy were invited:" John Dunton's Life and Errors, 1686, in 2 Mass. Hist. Coll., II, 107.

2

ing of a public meeting-house.1 The amount of time originally allotted to training is really astonishing. By one of the first military orders of the Massachusetts court of assistants, each captain was required to train his company on Saturday of every week. Soon after once a month was thought sufficient;3 and in 1637 the number of training days was reduced to eight each year. The town was the unit of organization—each furnishing its company; but a sort of general command was conferred upon Captains Patrick and Underhill who were chosen for the "country's service." "

5

In those days every man, "as well servants as others," only magistrates and ministers being exempt, was a soldier and required to provide himself with arms. If too poor to buy them, they were supplied by his town until he should be able to give "satisfaction."7 And in like spirit, each company was expected to support its own officers.8

The early history of the militia in the other New England colonies differs only in detail from that of Massachusetts.

12 Mass. Hist. Coll., II, 179 (Charlestown); III, 183 (Plymouth); IV, 203 (Boston).

* Mass. Col. Rec., I, 85 (April, 1631).

3 Prince, Annals of New England, in 2 Mass. Hist. Coll., VII, 26, 32, 72–3; Mass. Col. Rec., I, 90 (July 26, 1631).

*Mass. Col. Rec., I, 210. Finally changed to four times: Ib., V, 211-12 (1679); Acts and Resolves, I, 129.

5 Mass. Col. Rec., I, 190-1.

"Mass. Col. Rec., I, 191 (1637). In the beginning there seem to have been two companies only, made up from the various hamlets and commanded by these captains: Mass. Col. Rec., I, 77, 90.

Mass. Col. Rec., I, 84.

8 Mass. Col. Rec., I, 99, 160.

9 Conn. Col. Rec., I, 4, 15, 30, 97, etc.; Levermore, Rep. of New Haven, 48 ff.; Rhode Island Col. Rec., I, 61, 64, 104, 121, 226, 381, 402, etc.; for Plymouth, Dr. Adams, Norman Constables, 17 ff.; Plymouth Col. Rec., XI, 30, 36, 180, 251, etc.

(b).-The Regiment Formed.

The general control of the militia of the entire jurisdiction was at first entrusted to a committee of assistants;1 but soon it was placed in the hands of the "standing council." In December, 1636, the companies were first grouped in three regiments; but the regimental districts did not correspond respectively to the jurisdictions of the quarter courts organized in the preceding March, which, as we have seen, were the germs of the future shires. However in September, 1643, appeared a most important statute by which the regiment was based on the shire and the militia organization fully elaborated. By this act the general court delegates its supreme military authority to a council of which the governor is one. To lead and direct their forces and to execute their orders, a "sergeant major general" is to be chosen by the council."

It is also provided that for each shire a "lieutenant" shall be appointed, with power to levy the forces of the shire in cases of sudden emergency when timely notice connot be given to the governor and council. This office was probably suggested by that of the English lord lieutenant; but it is doubtful whether it was ever really instituted, as there seems to be but one further mention of it in the records. Moreover, by the

1 Mass. Col. Rec., I, 125.

2 Mass. Col. Rec., I, 183, 192. This seems to have been the famous 'standing council" of 1636, composed of the governor and of certain assistants chosen for "tearme of their lyves:" Mass. Col. Rec., I, 167. On the significance of this institution as an oligarchic device, see Oliver, Puritan Commonwealth, 63-4.

3 Mass. Col. Rec., I, 186–7.

'Still the first regiment included Boston, Roxbury, Dorchester, Weymouth, and Hingham-nearly the same as the jurisdiction of court No. 4 of 1636, and Suffolk shire, 1643. See Dr. Channing's monograph, 34–5.

5 But in Oct. 1643, it was provided that he should be chosen by the freemen at the general court of election in the same manner as the governor: Mass. Col. Rec., II, 49.

"In the act of Oct. 1643, where it is provided that the sergeant major