Nathaniel Bradstreet Shurtleff.

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

. (page 10 of 77)
Online LibraryNathaniel Bradstreet ShurtleffRecords of the governor and company of the Massachusetts bay in New England : Printed by order of the legislature → online text (page 10 of 77)
Font size
QR-code for this ebook


6 June.



*The General Court of the Massachusetts, in New England. [*420.]

By the authority of the kings most excellent maj'^ derived to vs by pattent.

To Thomas Danforth, William Hauthorne, & Eliazer Lusher, Es^s : Yow, Coinission ab»
or any two of you, are hereby authorized & required to repajre to Yorke, the fai,es.
county toune of Yorkeshire, & there to keepe a County Court according as
the lawe directs ; & in case yow meete w"^ any person or persons, vnder the
pretence of any other authority whatsoeuer, (except imediately from the kings
miost excellent maj'^,) that shall swerve from the due obedience they owe vnto
this jm-is diction, to which they haue submitted & engaged themselves accord-
ing to couenant, that yow call before yow all such persons, & bring them to a
due tryall, & to proceede to sentence, as the merit of their offences shall
require, according to the declared lawes of this jurisdiction. Further, yow
are authorized & comissionated to establish & confirme all officers & cofnis-
sioners, ciuil & millitary, according to lawe, as yow shall judge meete, for the
setling & preserving of order & peace in the sajd county of Yorke ; and for
the better enabling of yow to effect the same, yow are hereby authorized, from
the date of these presents, to act & doe all such things preparitory to the
keeping of Court & setling peace in the sajd county as in your discretions
yow shall judge most meete. And all officers, ciuil & millitary, w"'in this
jurisdiction, & all other inhabitants, are hereby required to be asistant vnto
yow, as the matter shall require & yow doe order ; and what yow doe in pur-
suance of this comission, yow are to render an accompt thereof to this Court
at the session in October next. In testimony whereof this Court hath caused
the seale of the colony to be affixed, & signed by the Gouerno'' this day.

In ans' to the petition of Joseph Humphreys, the Court judgeth it meete Ans' to Joseph
to graunt the petitioner three hundred acres of land where it may be found, "!?? '^''^
provided it hinder not a plantation nor prejudice any former graunt.

In ans'^ to the petition of Tobjas Dauis & Daniel Brewer, executo''s to y'' isack Morreiis
late Isack Morreiis will, & in refferenc to his proportion of the fower thousand P''°p°''''_°" °

^ ■*■ land, uemg ZJ4

acres formerly grairnted to Eoxbury, &d, it is ordered, that the peticoners haue acres.outoftho

•^ , . Roxbery 4000

their lands layd out in any free place, not g'judicing former grants. to be layd out.

In ans' to the petition of John Buttery, of Bedding, the Court judgeth jn« Butterys
it meete, the sajd Buttery appearing very penitent for his offence, to remitt his "^ ^^^^



78 THE EECOEDS OF THE COLONY OF

166 3. fine, & order, that if the county Tresurer haue received the same, or any
''~ ' part thereof, that he retiirne it againe to the peticoner.

6 June.

The bounds & extents of M' Cobbetts farme : Being bounded as fol-
loweth, vpon the south Ijne from a swampe that joynes vpon Hauerill bounds,
so rainging vpon a west & by north point, vntill yow come to a great rocke
vpon the north side of a long pond, called Deane Pond. Vpon the sajd
south Ijne it rangeth twenty score rod, and from the great rocke it rangeth,
vpon a north & by west point, sixteene score rod. That west Ijne is bounded
by a swampe ; and from a tree marked in the sajd swampe it raingeth eight
score rod to the „ corner of a peece of meadow, of about eight acres, that is
w'4n the bounds, vpon an east & by south point ; & from a great white
oake tree, w"" a great rocke neere the sajd tree, by the sajd peece of meadow,
it rangeth sixteene score rod vpon a south east and halfe point easterly, vntill
yow come to the abouesajd swampe, adjoyning vpon Hauerill bounds. This
is a true accompt & description of the. bonds & extents of the farme
abouesajd accompted, to our best judgments, as attests our hands, who lajd
it out, October, 1662.

JOSEPH DAUIS,
JEREMIAH BELGHAR,
SIMON TUTTEL.

The Court judgeth it meet to allow of this returne of M' Cobbetts farme
layd out, being fine hundred acres.

[*42I.J * Whereas M" Margaret Sheaffe, widow & administratrix vnto' Jacob

M-sheaffre- Sheaffe, stands chardged by the Treasurer of the country the some of seven

least from 7"

debt, &c. pounds, being so much in hir late husbands hand as he was constable, w'=''

goods, she alleadgeth, perished by fire in that great losse by hir husband sus-
tejned, itt is therefore ordered by this Court, that the sajd M''^ Sheaffe be re-
leased from the sajd debt.

Courts ans' to In ans' to the letter of W™ Arnold, wherein he chargeth the Court

W" Arnolds , , . i i /•

letter. debto'' to him to the value ot twenty fower pounds six shillings & eight penc,

that the sajd Arnold is hereby ordered to bring in, or cawse to be brought in,
his accompt, & such testimonjes as he hath to proove the same, & what shall
appeare to be justly due, this Court will take care to see it fully sattisfied,

2 barrens ot ^^^^ t^^* l^eacon Parks be desired to signify to the sajd Arnold the Courts

pouder allowed ^ns'' herein.

Cap' Oliuer

for salutes, &c. In ans'' to the motion of Capt James Oliuer for a due & meete allowance



THE MASSACHUSETTS BAY IN NEW ENGLAND. 79

of pouder for saluting of ships, & other expenc in that kind at the election of 1 G 6 3.
the generall officers, it is ordered, that henceforth there be two barrells of ''

J n 1 1 • c T ■ ^ June.

pouder allowed mm for that service.

In ans' to the petition of Anne Legar, relict of Jacob Legar, it is Ans' to Ann
ordered, that she shall haue liberty to sell out of the estate of hir late hus-
band to pay the debts, & that then there be a diulssion of the rest of the
estate into thirds, of w'='' the widdow to haue one third part as hir oune ftr
euer, this to be donne by the advice & asistance of the ouerseers, & the
other two thirds to be improoved by the sajd ourseers for the releife of the
children.

In ans' to the petition of Abraham Perkins, the Court judgeth it meete Ans'to Ab»
to graunt the petitioners request, i. e., so farr as to revejw his case in the same jq^, ^''
Court, in case the magistrates of that county are willing thereto, as in his pe-
tition is alleadged.

In ans' to the petition of John Cheekely, the Court, on reading his pe- Ans' to Jn»
ticon, judge meete to referr the petitioner for remedy against the officer for „^i^o^^^
his defect as the lawe directeth in case that he be defectiue.

In ans' to the petition of John Perley, the Court judgeth it meete to Ans' to John
leaue the case to the determination of the judgm' of the next County Court ^'^^^ ^^ ^^°^'
in Essex, the sajd Perly returning to the prison from whence he brake, sur-
rendfng himself to the keeper thereof w'^'in tenn dayes of this date, & there
abide till sajd Court, & then appeare before the Court to prosecute his
petition.

Layd out to the toune of Billirrikey one parcell of land conteying eight 800 acres of
hundred acres, more or lesse, lying in the wildernesse on the northside of Bnurrik °" "
Merremacke Eiuer, begining at the south east angle of M' Dummers farme, &
being bounded vpon him twenty two pole ; also bounded by M' Webbs
farme (which joynes to him there) thirty fiue pole (vpon his north east cor-
ner) westward, & sixty fower pole southward ; from thenc it runns in a long
spruise swampe, about halfe a point northward of the east, fower hundred &
eight pole j then runing in a strelght Ijne from thence to Long Pond ; being
bounded partly by that pond, and partly by M' Batters farme at this end of
the pond, which line, in all, is fiue hundred & fower pole ; from thence it
runnes almost due west to another pond, called by the Indians Mascuppet,
vnto a great rocke, called by the English Tray Table Rocke ; on the north
west it is bounded by Mascuppet Pond and another little pond, vntill yow come
to M' Dumers line, where wee beganne ; all w"*^ is more fully demonstrated
by a plott taken of the same. This eight hundred acres is part of the fower



80



THE EECOEDS OF THE COLONY OF



6 June.



1663. thousand w'^'' was lately graunted to the tonne of BilHrrikey, & there remajnes
"^ fiue hundred only yet to lay out of the whole graunt.

By JONATHAN DANFORTH, Surveyo',
EDWARD JOHNSON,
THO: ADD AM S.



The Court allowes of this returne.



Ans' to Cap*
Nortons peti-



Gleasons costs.



[*422.]

Ans*" to Ab'
Hagbornes
petico.

John 8c Tho.
Bakers fines
remitted to
fiue pounds,
&c, 10'.



Lcf Goodenow
to marry in
Sudbury, &c.



Ans' to John
Martyns peti-



M' Bradstreete
to keepe Coun-
ty Courts in
Norfolke for y
year.

Major Gen"
Lcucrets
coiiiission, iSrc.



In ans"" to the petition of Capt Francis Norton & Cornet Nicho Dauison,
it is ordered, that the whole Court, meeting together on the fifth day next, at
eight of the clock in the morning, haue the examination of the case conteyned
in the peticon, the parties concerned hauing due notice thereof, & security
giuen to y" secretary to sattisfy the charge of the Court.

Cap? Norton not appearing to prosecute his accSn, Tho Gleason had his
costs graunted him.

*In ans"" to the petition of Abraham Hagborne, the Coiut judgeth it meete
to grant his request, viz', liberty to continew here, notw"'standing the lawe
of relations & censure of the County Court therevpon.

In ans"^ to the petition of John Baker, Sen, relating to his sonnes, John
& Thomas Baker, the Court judgeth it meete to abate the peticoners sonnes
fines to five pounds, payable to the Tresurer of that county, the petitioner
paying tenn shillings for this petition, & then they are dischardged.

It is ordered, that Left Edmond Goodenow shall & hereby is appointed
& authorized to marry the sonne & daughter of Willjam Hunt & John ^ ,
of Sudbury, as also to marry all others in Sudbury that shall be legally pub-
lished, as y'' late M"^ Rice did by order of this Court.

In ans'' to the petition of John Martyn, of Chelmsford, the Court judgeth
it meete to order & grant the petiooner to haue liberty to come in w"" such
persons as shall moove, & be allowed to setle a touneship at Pennycooke, or
elswhere.

Vpon a motion made in behalfe of the inhabitants of the county of
Norfolke, M"^ Bradstreet is hereby intreated & appointed to keepe Courts this
yeare ensuing in that county.

The Court, hauing pervsed the coinission of the major generall, & finding
it to be a true copie of that coinission lately passed by this Court to the late
Majo'' Generall Atherton, haue voted it to be the coiiiission for ISIajo"^ Generall
John Leueret, to be signed by the Gouerno'' & secretary, as is vsuall in like
cases, & that the major generall take his oath accordingly ; w* vras donne in
open Court.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 81

Wee, whose names are vnder written, being chosen and appointed at the 166 3.
last session of the Generall Court, October, 62, to be a coinittee to vejw & deter- ^

mine betweene the toune of Cambridge, & the inhabitants on the southside of q^^^^ ^^^ '
the riuer, about the fower miles lines, declare that, on the P' of the 3 ifi, 63, wee measurer of the

4 miles from

did meete, &, vpon due consideration, did conclude the measure to beginne at Cambridge
the meeting house in Cambridge, & so to the old feny place, & from thence to ^^^
the landing place on the other side of the riuer, & from thence to the house
that was M' Pelhams farme house, & from thence to the corner of the fence,
about thirty rods from the sajd house, & so to continue the path that now is
vnto the end of the fower miles.

This, for substanc, is according to the order wee subscribed, though not
in the same words. 12: 4 &, 1663.

pnos. W^' HAUTHOENE.

The Court accepts of this returne.

In ans'' to the petition of Mary Pond, the relict of y^ late Eobert Pond, Ans'toMary
of Milton, deceased, the Court, on pervsall of the intended will of Robert
Pond, late husband to y^ petio8ner, & the adminstration graunted Ynto hir,
together w**" the inventory of the sajd Ponds estate, judge it meete to graunt
hir peticon for sale of the house & land, in order to the dischardge of the
debts mentioned, & support of hlrself & children, provided the petitioner
giue security to John Bull & Willjam Pond, ouerseers nominated by the sajd
Robert Pond, or either of them, for two third parts of the value of the estate
w* shall be remayning at such time as shee shall againe enter marriage, for
the vse of the children, as is intimated in the sajd will.

*In ans' to the peticons of Majo' Generall Jn° Leueret & the inhabitants [*421.]
of Hull, for & concerning certaine islands called Breusters Islands, their pe- Courts judgm<

ab' Brewsters

ticons being read, the Court ordered & appointed a hearing of the case in dif- islands for
ferene betweene them. The whole Court met together at the tjme appointed, '
i. e., 11 June, 63, hauing heard the case & considered the evidences produced
on both sides, did judge that the islands now in qusestion, called & knoune by
the name of Brewsters Islands, doe of right belong unto the inhabitants of
Hull.

Att the instant req^uest of M' Richard Parker, M' Jn" Payne, & Arthur Jn'than Par-

, . . , . ' r -r ^ -r% ^ ^BTs fine re-

Mason, & in ans"^ to their peticon, being suretjes for Jonathan Parker, sen- mitted to lO".
tenced at the last Court of Asistants for a wicked attempt into the house of
M" Richards, and into the bed chamber, in the dead of the night, as may
fully appeare in the records of that Court, this Court doe graunt to Jonathan

VOL. IV. PART II. 1 1



82 THE RECORDS OP THE COLONY OF

1G6 3. Parker, & to Ms suretjes, the extinguishing of his & their bond for his ap



■> pearance & yeilding himself to the officer of the country, and do also null the

sentence of the sajd Court, provided alwajes the sajd suertjes shall forthwith

pay to the Treasurer of the country forty pounds, tenn pounds whereof shall

be pajd in money, & the other into the hands of Capt Oliuer, to his content.

20 acres mead- In ans'' to the petition of M' Richard Pai-ker, the Court judgeth It

M' Rich. Par- '"eete to graunt his request, viz', all such meadow as cann be found w"'in sixe

^^'^ miles of his farmes layd out towards Meadfeild, not exceeding twenty acres.

Hadiey comis- This Court doeth allow of M' Henry Clarke, M' Samuel Smith, & M'



sioners.



Andrew Bacon, comissioners for the toune of Hadiey till the last Tuesday in
September next, ag' which time the toune of Hadely, & other tonnes, may
proceede to choose comissioners to end smale causes there onely, as the tounes
in the Bay; & the coinission graunted by the Generall Court, 22"^ May, 1661,
to Hadiey comissioners, in the second & third parte thereof, is & shall be voyd,
vtterly cease, & of none effisct, from the last Twesday in September next.
Cap' Jn" Pin- The Court judgeth it meet, notw^standing the election & allowanc of

CflOU C&T)^ of

troop'e of horse, Capt John Pinchon to be capt of a troope of horse in Hampshire by y' County
& to haue a Court there, w"*" this Court approoves of, that he, the said Capt John Pinchon,

comission, &c. -^ ' ' j i. »

asist in the excercising of the foote company at Springfeild, as formerly, till
the next Court of Election, so that the company may haue some time to pro-
vide for their best supply, any lawe to the contrary notw""standing.
Courts graunt Whereas, on a tryall had in this Court betweene Majo' Generall John

"and to^Maj- I^eueret & the toune of Hull, concerning their respectiue titles in & to
Gen" Lefiett. clajmes made to Brewster Island, & other islands adjacent, the determination
is passed for the toune of Hull, this Court doe, in lejw thereof, grant vnto the
sajd Majo' Gen^ Leueret fiue hundred acres of land, to be layd out in a free
place not prejudicing former grants.
Ans' to Cap« In ans"^ to the petition of Capt Edward Hutchinson, cap? of the thi-ee

peti5on°&E.' county troope, the Court judgeth it meete to declare, — 1. That the troopers
of the Three County Troope residing in Ljnne are not taken of from that
troope whereof they were.

2'y. That the troope, not troopers of Essex, be diuided, &d.

3. That the sajd troope be divided vnder their present officers.

4. That the sajd officers coinand theire respectiue diuisions.

5. That the troopers of Essex troope, & so of Lyn, be vnder the comand
of the respectiue officers.

6'J'. That Cap? Hutchinsons coinission doeth bind him to cofiiand the
troopers residing in Lynne, that are listed w*''^ him as formerly.

In ans' to the peticon of M'^ John Elliot, in behalf of the Praying



12 Jane.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 83

Indians of Ogguunikingguamesit, the Court judgeth it meete to impower Cap? 1663.
Gookin, M'' Danforth, & M' Edw Jackson, or any two of them, to act in the
disposing of the Indjans lands at Marlborough as they shall see meete ; & in
case the Indians doe quit the place, that then they may haue a plantation layd
out of three miles square, in the place mentioned in y" peticSn, in case it be
free of former grants.

*In ans' to the petition of the inhabitants of Marlborough, the Court r*424.]
judgeth it meete to order & impower Majo' Lusher, M' Edward CoUings, & Ans' to Marl-

„ . , borough peti-

Capt Edward Johnson, a comittee to repaire to Marlborough, & there to con.
inquire into the state of things mentioned in the petition, & make report what
they shall judge necessary to be donne for setling the drSerence amongst them
to the next sessions in October, Majo'^ Lusher to appointe the time and place
of meeting.

In ans' to the petition of John Harrison, of Boston, the Court, considering Ans' to Jo.
of the seuerall acts of the selectmen of Boston respecting the sajd Harrison -gtigo^
& John Heyman, together w"^ the testimony of sundry gentlemen of Boston
respecting the sajd Harrison, judge meete to declare, that for due encourage-
ment of the sajd Harrison, & the more certaine supply of the toune and
countiy as formerly, that it is left unto the selectmen of Boston to state the
same w*'^ respect to the petitioner.

In ans'' to the petition of Cap? Tho Clarke, Cap? W"" Dauis, & M"^ Ans- to admin

. ^-^ ^ . n istrators to

Antipas Boys, humbly desiring that this Court would appoint some ntt man vai. Hills es-
or men for selKng of the late Vai Hills estate, to w* they are administrators, ^*^ peti'^on.
& the like for the hearing & determining all debts & demands that may be
found due to the estate, or els that they may sue in forma pauperis, that so
the creditors may haue theire parts, & themselves freed of so troublesome a
buisnes, it is ordered, & this Court doeth appoint Cap? Richard Walderne,
Cap? Biyan Pendleton, & Peter Coffyn, or any two of them, shall & is hereby
impowred for the service aboue mentioned.

In ans"^ to the petition of John Niles, of Braintry, weauer, & Hannah, his Ans' to Jn° &
wife, formerly the wife of Willjam Ames, deceased, humbly desiring this j-jj^^ petiEon
honored Courts favor to confirme their sale of the sajd Ames, his howse & fine
acres of land, to one Getline, for the reasons mentioned in their peticon, the
Court, on examination of the matter of this petition & testimonjes of Amos
Richardson & Mary Harvey, judg meet to graunt the petitioner his request,
i. e., & doe confirme the sale of the howse & land therein specified.

In ans'' to the petition of M"^ Thomas Kellond, atturney to S"' Richard Ans' to Tho.
Ford, knight, Thomas Tyte, Robert Richbell, & Company, merchants, humbly con.
desiring this Courts favour to graunt him a speciall Court for the trjall of a



84 THE RECORDS OF THE COLONY OF

166 3. case or cases concerning his Imployers, sometime the next weeke, the Court
^ '' ' judgeth it meete to graunt his petition, & leaue it to the honored GoQu' or

12 June. ^ , . , .

JJep' to appoint the time.
Ans' to Martha In ans' to the petition of Martha Beamesly, of Boston, widdow, humbly

desiring the favor of this Court to grant hir license to distill & retajle strong



con.



■waters, &d, the Court judgeth it meete to graunt hir request, she giving se-
curity to the secretary for the keeping due order, w**'out offenc or prejudice
to the lawe & order of the County Court.
Ans' to Sam. In ans' to the petition of Samuell Basse, the Court, on examination of

Con. tlie contents of this petition, & pervsall of some instruments & actings of the

magistrates, & otherwise relating therevnto, doe order, that the partjes con-
cerned be referred vnto & required to bring the case to the next County
Court there, to be issued according to lawe & former order made respecting
the same.
Ans' to Chr. In ans'^ to the petition of Christopher Blake, of Boston, taylor, it is or-

dered, that the prosecution of the lawe against him by order of the County
Court, for living from his wife, be respitted for one whole yeare ensuing, vn-
lesse any thing extraordinary shall present.
Ans' to Jos. In ans"" to the petition of Joseph Emerson, the Court, having read the pe-

petiijon. tition, doe order & impower Majo'^ Hawthorne & Majo'^ Lusher to examine the

grounds thereof, & to act therein by themselves, or by the help of such as
they shall thinke meete to associate to themselves ; & all persons concerned
are enjoyned, on notice giuen by the sajd gent", to attend such meanes as they
shall direct, for the issue of the difference therein named.
[*425.] *ror a finall issue of the case betweene Dedham & Naticke, the Court

Courts judgm' judgeth it meete to graunt Dedham eight thousand acres of land in any con-
in Dedham •'

case, & re- veuient place or places, not exceeding two, where it cann be found free from
eoSttee^on former graunts, provided Dedham accept of this offer. Y^ returne of y« coinit-
fi'«- tee remajne on file. May, 1663.

Courts judgm' In ans'^ to the petition of Cap? Thomas Clarke, the Court judgeth it

in Cap' Clarks ,^ ,,. ,. «,. ,,,„

case ag' Cap' ^eete to graunt him a rehearing of his case, tryed at the last Court of Asist-
w» Dauis. ants, on appeale betweene him & Capt W"^ Dauis, one of the execcutors of the
last will & testament of the late "W"" Paddy. The partjes appeared before the
Court. The Court, on a hearing of the case, & on pervsall of the euidence
therein, being mett together, declared they found for the defend*. Cap? W™
Dauis, costs of Court.

800 acres of
land, graunted

to M.. Flyiit & The land graunted to M" Fljnt, of Concord, & hir sonne John Flint, is

hir Sonne, layd "^ J "} '■'•

out. layed out in two parcells, northerly from Groaten, in quantity eight hundred



12 June.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 8'5

acres ; the one parcell adjoyning to the riuer runing from Groaten, and begin- 1 G 6 3.
ning by the riuer at A, and so to B, norwest & by west, two hundred rodds ;
fii-oni B to C, northeast & by north, three hundred & twenty rods ; irom C to
D, south east & by east, two hundred rodds j from D to A, three hundred
twenty eight ; the other parcell, about one hundred rods distant, begining at
the angle marked with the figure 1, and so to 2, northwest & by west, fifty
rods J from 2 to 3, north, bearing a litle to the west, two hundred & fower
rodds ; from 3 to 4, north east & by north, one hundred seventy six rods ;
from 4 to 5, north & by east, one hundred thirty two rods ; from 5 to 6, east
& by south, twenty seuen rods ; from 6 to 7, south & by east, three hundred
twenty six rods ; from 7 to 1, southwest, three hundred & eight rods ; the
Ijnes marked N S, the meridian Ijnes, layd out by John Flynt, in the pres-
ence of Left Joseph Wheeler, of Concord, and Sarjant James Parker & James
Fiske, of Chelmsford, being desired by Leftennant Goodenow & Ensigne
Noyse, of Sudbury, in their roome & steed.

JOHN FLINT.

The Court approoves of this returne.

April, 1662.

In ans'' to the petition of M'' Joseph Hills, referring to the iron works Ans' to M'
& the obstruccons in his proceedings, in behalfe of the company, at Ipswich



Online LibraryNathaniel Bradstreet ShurtleffRecords of the governor and company of the Massachusetts bay in New England : Printed by order of the legislature → online text (page 10 of 77)