Nathaniel Bradstreet Shurtleff.

Records of the governor and company of the Massachusetts bay in New England : Printed by order of the legislature online

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#



RECORDS



OF



MASSACHUSETTS,



YOL. IV. -PART II.



1661-16?4.



RECORDS



OF



THE GOVERNOR AND COMPANY



OF THE



MASSACHUSETTS BAY

IN

NEW ENGLAND.

PRINTED BY ORDER OF THE LEGISLATURE.
EDITED BY

NATHANIEL B. SHURTLEPF, M.D.,

HEMRHR O? THE MASSACHUSETTS HISTOUIOAL SOCIETY, PELLOW OP THE AMEE.ICAN

ACADE5IY or AltTS AND SCIENCES, AND MEMBER OP THE

AMERICAN ANTIQUAEIAN SOCIETY.

YOL. lY.-PART II.

1661-1674.




BOSTON:

FROM THE PEESS OF WILLIAM WHITE,

PRINTER TO THE COMMONWEALTH.

185 4.



V



^. J/O-^







MARKS AND CONTRACTIONS.



A Dash ~ (or straight line) over a letter indicates the omission of the letter
following the one marked.

A Curved Line " indicates the omission of one or more letters next to the
one marked.

A Superior Letter indicates the omission of contiguous letters, either pre-
ceding or following it.

A Caret ^ indicates an omission in the original record.

A Cross X indicates a lost or unintelligible word.

All doubtful words supplied by the editor are included between brackets, [ ].

Some redundancies in the original record are printed in Italics.

Some interlineations, that occur in the original record, are put between
parallels, || y.

Several characters have special significations, namely : —



@ , — annum, anno,
a, — an, am, — curia, curiam,
a, — matrate, magistrate,
fe, — her, — num^, number ; Eoftt,
Eobert.

c, — ci, ti, — accon, action.

68, — tio, — jurisdiccon, jurisdiction.
S, — ere, cer, — aSs, acres.

d, — dd, delivered,

e, — Trer, Treasurer.

e, — committe, committee,
g, — gfilalj general,
h, — chr, charter. *

T, — begig, beginig, beginning.
i, — ire, letter.

m, — mm, mn, — coinittee, commit-
tee,
fli, — recomdacbn, recommendation,
in), — mer, — formlly, formerly.
A, — month.

n, — nn, — Pen, Penn ; aiio, anno,
ft, — Dni, Domini,
n), — ner, — mann), manner.
5, — on, — mentio, mention.



o, — mo, month.

p, — par, por, — pt, part ; ption, por-
tion.

p, — per, — pson, person.

p, — pro, — pporcon, proportion.

p, — pre , — psent, present.

q,, — qstlon, question.

5>, — es^, esq[uire.

f , — Apr, April.

s, — s, session j sd, said.

s, — ser, — svants, servants.

£, — ter, — neuS, neuter.

?, — cap?, captain.

Q, — uer, — seQal, seueral.

u, — abou, aboue, above.

^, — ver, — se?al, several.

w, — wn, when.

yS the ; y™, them ; y°, then ; y', their ;
y% this ; y', that.

3, — us, — vilibs, vilibus.

ij — es, et, — statut^ statutes^ '

^5, &6, &c% — et csetera.

vizj, — videlicet, namely.

./ — full point.

(iii)



CONTENTS OF VOLUME lY. PART II.



THE COLONY RECORDS, 1661—1674, 1

MISCELLAISTEOUS RECORDS, 579

FREEMEN OF THE COLONY, 1661—1674, 581

GENERAL INDEX, 589

INDEX OF FREEMEN, 641

( V )



THE COLONY RECORDS



1661—1674.



MASSACHUSETTS EECORDS.



THE RECOEDS OF THE COLONY OF THE MASSACHUSETTS
BAY IN NEW ENGLAND.

[The foUowing pages conclude the fourth volume of the Massachusetts Eecords. The original
manuscript is in the handwriting of Mr. Edward Eawson, secretary of the colony. The names of those
who were admitted to the freedom of the colony are placed, for convenience, at the end of the volume.]

*Att a Generall Court of Election, held at Boston, 22"" May, 1661. 1661.

JOHN ENDECOTT, Esgp, was chosen Goano-^ for y" yeere, & tooke his ^^^'■^^
oatli in open Court. *• '■'

Kichard Bellingliani, Es^, was chosen Dep' GoQno', & tooke his oath.
M"^ Symon Bradstreet, ] Comissioner for y* Collonjes.

M' Samuell Symonds,
Capt Tho "Wiggins,
Capt Dam Gookin,
Maj'' Gen Daniel Dennison,
Maj'' Symon Willard,
Maj' Humph Atherton,
M' Eichard Eussell,
M' Tho Danforth,

Edward Eawson was chosen Secretary.
M"" "W™ Hauthorn 1 Coinissioner in case of reserve,



"■ Comissioner for y"* CoUonje.
were chosen Assistants, & tooke yeire oathes.
Majo' Gennerall, & 2* Comissiotf in case
Tresurer. [of reserv.



The names of the Deputjes returned to serve at this Court from the
seuerall tounes were, —

From Salem : Maj"^ W™ Hauthorne, M"^ Edmond Batter.

From Charls Toune : Cap? Frauncis Norton, Lef? Eichard Sprauge.

From Dorchester : Lef ? Eoger Clapp, Ensig Hopestill Foster.

From Boston : Cap? Thomas Sauage, M' Edward Tyng.

From Eoxbury : M' "W™ Parkes, John Euggles.

VOL. IV. PABT II. 1



THE KECORDS OF THE COLONY OF




Wolves.
Law ab*
woolyea.



[♦368.]



From Water Toune : Cap? Hugh Mason^ M'^ Ephrajm Child.

Prom Lynn : M' Thomas Layton.

From Cambridg : M"^ Edw Collins, M"^ Rich Jackson.

From Ipsuich : M'' Joseph Medcalfe,' M' Georg Gittings.

From Newbury : M'' Henry Seawall.

From Weimouth : M"^ Tho Dyer.

From Concord : M"^ Tho Brookes.

From Dedham : Capt Eliazer Lusher, Ensign Dani Fish"'.

From Springfeild : M"' Elitzur Holiocke.

From Salisbury : Capt Tho Bradbury.

From Hampton : W" Fuller.

From Rouley : John Pickard.

Prom Braintry : M' Peter Brackett.

Prom Douer : Capt Rich Walderne.

From Portsmouth : Cap? Brjan Pendleton.

From Woobourne : Cap? Edw Johnson.

From Kittery : Left Charles Frost.

From Yorke : M"^ Edw Ruchworth.

From Redding : W" Coudrey.

From Maulden : M'' Joseph Hills.

From Hadley : M"^ Sam Smith.

Majo' W™ Hauthorne was chosen Speaker for this session.

Beside all other considerations & provitions for the destruction of woolves,
it is ordered by this Court & the authoritje thereof, that euery such Indian or
Indians as shall any way destroy any woolfe or woolves, & deliuer the heads
of such woolves vnto the selectmen of any touneship in this jurisdiction, shall
receive of such selectmen either two pound of pouder & eight pound of
shott, or one pounds of pouder & four pounds of shott & fiue shillings in
come or other pay, or else they shall receive of the country Tresurer tenn
shillings a head, & no pouder & shott, w"^** such Indian will choose ; and such
selectmen as shall pay any Indian according to this order shall rebate it out
of theire next country rate w"' the Tresurer, any law or custome to the con-
trary notw'^'standing ; and all selectmen or others that by virtue of this order,
or any other, that shall make payment for any woolves, shall cutt of the eares
of all such woolves heads, & cause them to be buried, that so none may be
twice pajd for.

*This Court, being desirous to try all meanes, w"' as much lenity as may
consist w"" our safety, to prevent the Intrusions of the Quakers, who, besides




THE MASSACHUSETTS BAY IN NEW ENGLAND.

theire absurd & blasphemous doctrine, doe, like rouges & vagabonds, come in
Ypon TS, & haue not bin restreined by the lawes already provided, haue
ordered, that euery such vagabond Quaker found ■w"^in any part of this juris-
diction shall be ap^hended by any person or persons, or by the connstable
of the toune wherein he or she is taken, & by the connstable, or, in his
absence, by any other person or persons, conveyed before the next magistrate
of that sheire wherein they are taken, or comissioner invested w*"" magistratti-
call power, &, being by the sajd magistrate or magistrates, comissioner or
comissioners, adjudged to be a wandering Quaker, viz', one that hath not any
dwelling or orderly allowance as an inhabitant of this jurisdiction, & not
giving ciuil respect by the vsuall gestures thereof, or by any other way or
meanes manifesting himself to be a Quaker, shall, by warrant vnder the hand
of the sajd magistrate or magistrates, comissioner or coinissioners, directed to the
connstable of the toune wherein he or she is taken, or in absence of the conn-
stable or any other meete person, be stripped naked from the midle vpwards,
& tjed to a carts tayle, & whipped thro*^ the toune, & from thence imediately
conveyed to the connstable of the next toune towards the borders of our juris-
diction, as theire warrant shall direct, & so from connstable to connstable till
they be conveyed thro any the outward most tounes of our jurisdiction. And order ab' Qua-
if such vagabond Quaker shall returne againe, then to be in like manner ap^-
hended & conveyed as often as they shall be found w'^'in the limitts of our juris-
diction, provided euery such wandering Quaker, hauing beene thrice convicted
& sent away as abouesajd, & returning againe into this jurisdiction, shall be
apf>hended & comitted by any magistrate or comissioner as abouesajd vnto
the house of correction w"'in that county wherein he or shee is found untill the
next Court of that county, where, if the Court judge not meete to release
them, they shall be branded w*"" the letter E. on theire left shoulder, & be
severely whipt & sent away in manner as before ; and if after this he or shee
shall returne againe, then to be proceeded against as incorrigible rogues &
ennemys to the comon peace, & shall imediately be ap^hended & comitted to the
comon jayle of the country, and at the next Court of Asistants shallbe brought
to theire tryall, & proceeded ag* according to the lawe made anno 1658, page
36, for theire banishment on payne of death. And for such Quakers as
shall arise firom amongst ourselves, they shallbe proceeded ag' as the former
lawe of anno 1658, page 36, doth provide, vntill they haue beene convicted
by a Court of Asistants ; & being so convicted, he or shee shall then be ban-
nished this jurisdiction j & if after that they shall be found in any part of this
jurisdiction, then he or shee so sentenced to banishment shall be proceeded
against as those that are straingers & vagabond Quakers in manner as is aboue



22 May.



THE RECORDS OF THE COLONY OP

1661. expressed. And it is futther ordered, that whatsoeuer charge shall arize
about ap^hending, whipping, conveying, or otherwise, about the Quakers, to
be layd out by the connstables of such tonnes where it is expended, & to be
repajd by the Tresurer out of the next country levy; & further, that the
connstables of the seueraU tounes are hereby empowred from tjme to tjme, as
necessity shall require, to impresse cart, oxen, & other asistance for the
execution of this order.
[*369.] *Whereas yow, E: R:, are chosen secretary for the yeare ensuing, yow

Secretarys ^^g heere sweare by the euerliuing God, that yow will in all things faithfully
demeane yourself in the sajd oihce ; that yow will truly & vprightly, accord-
ing to your best skill & wisdome, frame all acts & instruments of publicque
concernment referring to your office, duely observing such directions as shall
from time to tjme be given vnto yow by the Generall Court or councill of this
comon-weale, & fairely record & safely keepe the same ; that yow wiU not dis-
close the consultations of the Generall Court where at any tjme yow shall haue
expresse charge of secresy, nor of the councill where at any time yow shall
haue like charge of secresy ; that you will, w*''out delay, impart to the GoQno'
or Dep* Gou' w'euer letters or information shall come to yo'' hand referring to
yo' office, & of publicque concernment to the coinon weale, Generall Court,
or councill ; & that yow will not wittingly or willingly exceed the Ijmitts of
yo' place.
Law ab' peage On observation of much inconvenience of the lawe for payment of forty

shillings in wampampeage in sattisfaction of debts & payments, except to the
Tresurer, page 78, it is ordered by this Court & the authoritje thereof, that
the sajd lawe be henceforth repealed.
Persons ex- The Court, vnderstanding there is much ineecLualUty in y' diuers are

cMmstable™ ^^^^d from those watches whereof all doe receive equall benefitt, for an ex-
watches, plication of the law concerning connstables watches, doe order, that the Magis-
trates, Deputjes of this Court for the time being, elders of churches, the
publicke swome officers of the country, w* the coraission officers in each
trayned band, be freed firom all ordinary watches & wards of the connstables,
& no other persons, excepting such person as shall haue speciall & personall
freedome by order of this Court, any former order, graunt, or custome not-
w'^'standing.
Order ab« Itt is ordered, & by this Court declared, that the order made in the third
^"° ' moneth, 1654, appointing the printing of the generall orders of Court of each
session w^'in tenn dajes, be agaiae revived, & be in force so farr as it refers to

the annuall printing of lawes, any lawe to y" contrary notw^'standing.
Coffiittee to ■> j o

P'vseylaues. It is ordered, that the Dep' Gou'^, Maj: Gen Atherton, both or either of



T(



22 May.



THE MASSACHUSETTS BAY IN NEW ENGLAND.

them, w"i the secretary, M' Edward Ting, & M' Joseph Hills, shall be a 1661.
comittee to pervse siich lawes as are vnprinted & vnrepealed, & comitt them to
the presse, so farr as they shall judge convenient, & that such as are not
meete to be printed be transcribed by the secretary, to be sent to the seuerall
tonnes.

tt is ordered, that Cap? Frauncis Norton & M' Edward Tyng be a Comittee to
comittee, & impowred to take the generall survejo" account respecting armes yejors a^ccount.
& amunition, & to make returne of what they finde therein to the next session
of Court.

It is ordered, that Capl Eliazer Lusher & Cap? W™ Torrey shall & Cap' Lusher
hereby are impowred, in theire respective tounes, w*"^ magistratticall power for fb^Quak^rT"
examination, conviction, & proceeding ag* vagabond Quakers, according to the
lawe enacted ag* such persons by this Court.

Att the req^uest of M"^ George Carre, as an explication of this Courts Ans' to George
graunt to him in October, 1660, this Court declareth, that the liberty graunted
him of being rate free for the bridge ouer Salisbury Riuer is to be vndetstood
& taken as freeing him from any tax relating to toune & country by reason
of the benefitt that accrueth to him from the sajd ferry & bridge, the main-
tenance to the ministrye there excepted, so as the bridge be not accounted in
value to that rate aboue thirty pounds, & that the minister of Salisbury & his
family, firom tjme to tjme, be ferry free, & that the graunt of one hundred &
fifty acres of land, during the bridges standing, is and shall be vnderstood &
taken, y' the sajd George Carre shall enjoy the propriety of one hundred &
fifty acres of land, to him, his heires & assignes, vntill such time as he or they
shall vtterly relinq^uish or neglect the repaire & maintenance of the sajd
bridge.

*This Court taking notice of a booke entituled the Christian Coinon- [*370.J
wealth, written, as is expressed in the sajd booke, by M^ John Elliot, of Rox- ^onrts censure
bury, in New England, which in sundry passages & expressions thereof xtianCoffion-
is justly offenciue, & in speciall relating to kingly gouernment in England,
the w* the sajd M' Elliot hath also freely & fully acknowledged to this Court,
it is therefore ordered by this Court & the authority thereof, that the sajd
booke be totally suppressed, & the authors acknouledgment recorded, and
that all persons whatsoeuer in this jurisdiction that haue any of the sajd
bookes in theire custody, shall, on theire perrills, w"^in fowerteene dajes after
publication hereof, either cancel & deface the same, or deliuer them vnto the
next magistrate or to the secretary, whereby all farther divulgment & im-
proovement of the sajd offenciue booke may be prevented.

And it is further ordered, that M'^ Elliots acknowledgment, & the Courts



THE EECORDS OF THE COLONY OP




order for the calling in of those bookes, be forthwith transcribed by the sec
retary, & caused to be posted vp in Boston, Charls Toune, Cambridg, Salem,
& Ipsuich, that so all persons concerned therein may take notice of theire
dutjes, & act accordingly. All w* was done accordingly.



Boston, this 24 of y« 3>» A, 1661.
M' Eiiots ac- Vnderstandlng by an act of the honored council that there is offence

word for^rds ^^^^^ ^* ^ booke published in England by others, the copie whereof was sent
ouer by myself about nine or tenn yeares since, and that the further consider-
ation thereof is comended to this honnored Generall Court, now sitting at
Boston, — vpon pervsall thereof I doe judge myself to haue offended, & in way
of satisfaction, not only to the authority of this jurisdiction, but also vnto any
others that shall take notice thereof, I doe hereby acknowledg to this hon-
nored Court such expressions as doe too manifestly scandalize the goQment
of England, by King, Lords, & Comons, as anti Christian, & justify the late in-
novator. I doe sincerely beare testimony against, and acknowledg it to be,
not only a lawfull, but an eminent forme of gouernment.

2. All formes of dull goflnment deduced from Scripture, either
expressely or by just consequence, I acknowledg to be of God, & to be
subjected vnto for conscience sake ; and whatsoeuer Is in the whole epistle or
booke Inconslsting herewith, I doe at once for all cordially disoune.

JOHN ELIOT.



Ans' to M'
Symonds peti-
con, 800 acres.



Ans' to M'
Corlets peti-
con.



Ans' to Wil-
kins & Gingley
petiDons, "Wills
Hill to belong
to Salem



In aris"" to the petition of M"^ Samuel Symonds, that his 500 acres
graunted him to be in an island in Casco Bay, 18 8 A, 59, & his 160 acres
graunted him y^ same Court at Northwottocke, might be made eight hundred
acres, to be lajd out in one or two places where it cann be found free of
former graunts, the Court judgeth It meete to graunt his request.

In ans'' to the petition of M"" Eljjah Corlett, the Court judgeth it meete
to graunt the petitioner liberty to purchase of Netus, the Indian, so much
land as the sajd Netus, sajd Indian, is possessed of, according to lawe, for the
sattisfaction of the debt due to y"' petitioner from sajd Netus, & that Edmond
Rice, Sen, & Ensigne Thomas Noise, of Sudbury, be appointed to apprise the
land to the petitioner for his sattlsffaction, & determine the proportion &
bounds thereof, making a returne to this Court to be confirmed, or otheruise
to be recorded in the county of Midlesex.

In answer to the petition of Bray Wilkins & John Gingle, humbly desir-
ing that the farme called by the name of "Wills Hill, w* this Court graunted
to y" worpf 1 Eichard Bellingham, Es^, & they purchased of him, may be lajd



THE MASSACHUSETTS BAY IN NEW ENGLAND. 7

to and appointed to belong to Salem, being nigh its lands & y" petitioners of 1661.
y° society, &6, the Court judgeth. it meete to graunt theire request. ^^ ^ ~^

22 May,

*Vpon this Com-ts information of the want of a setled, able, & orthodoxe rj^qiyi -i
ministry in some places of this jmisdiction, especially relating to the county Q^^^^g g^j^
of Yorlce, viz., "Wells, Saco, & Scarborough, the accomplishment whereof, ab» ministry at

° ^ Wells, Saco,

through Gods blessing, might proove an effectuall remedy for healing & pre- &c.
venting much disorder, ignorance, & prophanesse, it is therefore ordered by
this Court & the authoritje thereof, that the inhabitants of the tonnes afore-
sajd, viz'. Wells, &6, shall, w"'in sixe moneths tjme after notice giuen them
thereof, vse theire vtmost endeavo's to procure some able & pious ministers to
carry on the worke of God amongst them, in the due performance whereof, if
the sajd places, or any of them, shall be found deficient, they will necessitate
this Court to put forth the exercise of theire power to make such provition
for theire future supply as the laues of this jurisdiction in such cases doth
require.

In answer to the petition of the inhabitants of y" toune of Newbury, the Newbury lyne
Court, hauing heard the petitioners in behalfe of the toune of Newbury & M' , ^^ ^^ ^^
"Woodman, relating to Newbury Ijne, & this Courts graunt of a farme of three a<='s.
hundred acres of land in October last, finding that the Ijne of Newbery
bounds being, for at least twenty yeares, lajd out & adjoyning to Rouley lyne,
& perambulated according to order of this Court, shall be & remajne to New-
bury w*''out any further challenge or clajme from any toune or person, and
that M' Woodmans graunt as to y' place is heereby declared null & voyd,
M' "Woodman hauing consented thereto, yet are willing to allow M'' "Wood-
man his three hundred acres formerly graunted in any free place not formerly
graunted, & not hindering a plantation.

Henry Batchiler & his wife, by an act of Ipsuich Court comended to this Covurts order to
Courts consideration, hauing binn formerly presented, for theire absenting Hen. Batchi-
themselves from publlcke worpp, ScS, whither y« toune of Ipsuich might not ^®''"
dispose of him & his farme, so as he may Hue in the toune, & enjoy his estate
& y° publick wofpp of God, the Court judgeth it meete hereby to impower
the County Court of that shelre so to dispose of the persons aboue mentioned
& theire estates as they shall judge most conduceable to theire present &
future good.

In answer to the petlc6n of Tho Dyer, the Court judgeth it meete to Ans' to Tho.
graunt the petitioner liberty to set his talnters in the prison greene during the ^^"^ ^^ "'°"'
pleasure of this Court.

Joseph Jencks, Jun, being accused & bound oner to this Court for high Joseph Jencks,
misdemeano' in diuers treasonable words ag' the kings maj'^, w*, vpon exami- charge.



THE EECORDS OF THE COLONY OF




Kachel Lang-
ton set ffree.

Kings dis-
charge from his
baniahm*.



[*372.]

Elizabeth
Palmer freed
ab' adultery.



Ans' to M'
Parkers peti-



Isle of Shoales
called Aple-
doore, & im-
powered to act
as other
tounes.



Ans' to Cap*
Pendleton pe-
tition on re-
quest.



nation, he vtterly disounes, neither doeth it appeare that the same cann be
legally prooved ag' him, only in part, for w* he presenteth & pleadeth the
kings gracious act of indempnity, this Court therefore dlschardgeth him from
his imprisonmt.

In the case of Rachell Langton, or Verney, the Court judgeth it meete
to declare, that she is free from hir late husband, Joseph Langton.

Whereas W" King, late Quaker, and bannished this jurisdiction, on pajne
of death, returning w^'out leaue into it, being brought before the Court of
Asistants at Boston, in March last, declared how much he, by the rich grace
and mercy of God, was now brought to loath & abhorr himself for his sin-
full & shamfuU practises ag' authoritje here established, the Court judged
it meete, for the encouragement of such that shall returne from those princi-
ples & wayes of Sathan & death, to remitt him as to his further trjall to this
Generall Court, & tooke security for his appearance before this Court, where,
hauing made his acknouledgment in his peticbn on the other side, w* is on
file, this Court judgeth it meete to release & discharge him from the sentence
of banishment & death, & his suretjes of theire bond, & set him in statu quo
w"* the rest of the inhabitants, to follow his calling for his oune & familys
subsistance.

*The Court, hauing considered of the evidences produced ag' Elizabeth
PalmeK, doe judge that she is not legally guilty of adultery, & therefore doe
dischardge hir, leaving hir to the Court at Torke to be punished for hir
drunckenes.

In ans' to the petition of M' Richard Parker, the Court judgeth it meete
to graunt that his sixe hundred acres w"'' he pui-chased of y" late Survejo'
Johnson & of M'' W™ Parks, be lajd out in one place, i. e., at the furthermost
end of Henry Adams.

For the better setling of order in the Isle of Shoales, it is ordered by
this Court, that henceforward the whole islands apperteining there vnto w*
doe lye partly in the county of York, & the other parte in the jurisdiction of



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