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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Court, both partjes having had full liberty to present theire pleas respectiuely,
this Court doe judge, that the proceedings of Ipswich Court were regular, &
that there was just ground for the deferring of proceeding to tryall of the
cause at that time.

The Court, considering of the offence of John Glouer chimney sweepers, court censure
in afironting the centinells on the guard on election day, endangering a cjiimjjev
mutiny, ordered, that the sajd John Glouer be forthwith publicly whipt w"' sweeper,
twenty stripes.

In ans"^ to the petition of Alice Thomas, relict of Evan Thomas, humbly Ans' to Alice
craving this Courts aprobation of a sale made to hir by deed from y° adminis- petition
trato" of y* late Evan Thomas estate, of the Kings Armes, &S, the Court de-
clares, that the acknouledgment of the deede mentioned in hir petition, made
by the partjes thereto, before any magistrate or County Court, and recorded as
the lawe directeth, is as much as is requisite.

The Court, hauing pervsed the coinission of the Majo' Generall Ather- Maj' Gen"
ton, y' lately was, as it passed then, this Court doe order it to be the cofais- ^"!'^^. ^ . ,

' J J ' -t ' eomission to be

sion for Major Generall Leueret, to be signed by the GoQuo' & secretary, as y same w"" y>

. . of Maj' Gen.

IS vsuall m like case, & that he take his oath accordingly. Atherton.

The Court was adjourned to the twentieth day of October next, at eight
of the clocke in the morning.



86



THE RECORDS OP THE COLONY OF



1663.

20 October.

[*426.]



*Mt the second Sessions of the Generall Court, held at Boston,

20^ of October, 1663.

Present, Ri Belllngham, Dep' Gofl,
Symon Broadstreet,
Samuel Symonds,
Francis "Willowby,
Daniel Gookin,

Maj' Genii Daniel Dennison, )■ Esq"
Symon Willard,
Eich Russell,
Tho Danforth,
W"" Hathorne,
Eliaz' Lusher,



Order for regu-
lacon of elec-
tions.



21 October,
1663.



FOE, the better regulating of elections vpon the day of eleccon, & avoyding
the inconvenjencjes which may attend the same, itt is ordered by this
Court, that henceforth the Generall Court, both Magistrates and Deputjes, shall
meete together in the Court chamber at seuen of the clocke that morning, &
become a Court, & beginn & consider of such things as are necessary in reiFer-
ence to the worke of the day.

2. That for tjme to come all votes of the freemen in each toune w^'in
this juridiction be sent in proxies, sealed vp, as the lawe requireth, & that
none be admitted to giue votes personally at the day of eleccon, except the
members of the Generall Court.

3. That the constable of each toune shall, some convenjent tjme before
the day of election, giue due notice to all the freemen of that toune to meete
together to giue their votes for elections, and that none shall be admitted to
giue votes for any other, vnlesse the person voteing be also present, or send
his vote, sealed vp, in a note directed to the deputy or tounesmen mett to-
gether for that worke.

4. That the constable shall cause a list of the number of names of such
as giue theire votes, fairely written & sealed w* the votes.

5. That no person be made free vpon the day of election ; and a copie
hereof to be published imediately after the breaking vp of this Court.

At this Court the Gouerno'^ presented a letter from his maj*^^ most honor-
able privy council, dated 24"" June, 1663, & directed to him, w* was read.

This Court having pervsed & considered the letter received from his
maj'y= most honorable privy council, dated the 24"" June last, relating to an



THE MASSACHUSETTS BAY IN NEW ENGLAND. 87

act of Parliament entituled An Act for the encouraging & increasing of Shipping 1663.
& Nauigation, as an addition & explanation of former orders made by this '' '

. . 21 October.

Court concerning these affairesj —

Itt is hereby ordered & enacted, that the seuerall officers hereafter men- Order requk-

, ^ ^ ing bonds of

tioned are hereby deputed & authorized to see that the sajd act be performed, shipmasters,
so farr as it concernes the gouernment of this plantation, both in seazing '"
shipps or vessells inhibitted by the sajd act to trade heere, taking bond of all
ships and vessells that lades in our ports any comodityes, expressed In the sajd
act, of the groweth, product, or manufactory of the English plantations, -who
shall not produce certifficate that they haue given bond allready as the sajd act
requireth ; and in case of neglects or contempt, to seaze such vessells or shipps
that lade the aforesajd goods w"'out giving bond or shewing cirtifficates, and
to keepe accounts of all such shipps & vessells, w"' the names of the masters,
that lades here as aforesajd, and returne an account twice euery yeare, w'*"
coppies of the sajd bonds & certifficates, vnto the Gouerno' for the time being,
by him to be transmitted to London, directed to the cheiffe officer there.

The officers appointed are as foUoweth : —

For the ports of Boston & Charles Toune, M' Edward Rawson; fFor
Salem, Marblehead, & Glocester, IVP Hilljard Veren ; ifor the Riuer of Pis-
cataq, & He of Shoales, & ports adjacent. Cap? Brian Pendleton. The ffises
they are authorized to take of euery shippmaster are, for taking bond & tran-
scribing the cople, five shillings ; for receiving & entring a certifficat, two shil-
lings sixe penc ; for gluing certifficat & recording It, two shillings sixe penc ;
theire part of seizures as the sajd act directeth ; and that all imployed in this
trust doe, from time to time, make returne of all bonds & cirtifficates by them
passed to M' Eawson, who, by the Gouerno's advise, shall make *returne [*427.]
thereof for England as the act of Parliament req[ulreth ; & that M' Rawson
doe, from time to time, present the councIU of this comonweale, or, in default
thereof, the Court of Asistants, w* true account of all bonds & certifficates, &
coppies of all letters, that he shall send for England in any wise referring to
this matter.

Moreouer, it is ordered, that the secretary take speciall care forthwith to
send, by the first oppertunity, fower coppies of the counsells, and one of the
copies of the act of Parliament relating therevnto, to the generall gouernm'^
of New England, viz., Plimouth, Conecticot, New Hauen, & Road Island.

Itt is ordered by this Court & the authority thereof, that no person who Coffion attur-
is a vsuall & coinon atturney in any inferlour Court shall be admitted to sitt j^J "° ^^''"
as a deputy in this Court.

Whereas It is found by experience that there are many who are inhabit-



88 THE EECOEDS OF THE COLONY OF

1663. ants of this jurisdiction w* are enmenyes to all gouernment, ciuil & eclesi-
^~' '^ ' asticall, who ■will not yeild obedience to authority, but make it much of theire

21 October. . ..,

Persons ex- religion to be in opposition thereto, & refuse to beare armes vnder others,

empt from who, notwithstanding, combine together in some tonnes & make partjes suite-
voting in elec-
tions, able to theire designes in election of such persons according to theire ends,

it is therefore ordered by this Courte & the authority thereof, that all persons,
Quakers or others, w'^'' refuse to attend vpon the publick worship of God
established here, that all such persons, whither freemen or others, acting as
aforesajd, shall & hereby are made vncapable of voting in all ciuil assemblyes
during theire obstinate persisting in such wicked wajes & courses, & vntill
certif&cate be giuen of theire reformation ; and it is further ordered, that all
those fines & mulcts of any such delinquents as aforesajd w"** are not gathered
nor payd to the seuerall Treasurers of the countrjes, as also what fines shall
be layd on them for the future, shall be deliuered, by the order of the county
Treasurers, respectively to the selectmen of the seuerall tounes wherevnto they
belong, to be by them improoved for the poore of the toune.
Price of corne. Itt is ordered by this Court, that all sorts of corne shall be payd in the

country rate the yeare ensuing, at these prizes, following, viz', wheate at fine
shillings & sixpence, barly & barly mault at fine shillings, pease & rye at
fower shillings, & Indian corne at three shillings p bushell, & what else shall
be payd in y* country rate to be payd at money price, & that no leane catle be
payd by any toune or person in the sajd rate.
Addition to y« The Court, being informed that the country is indebted fiue hundred

pounds more then a single rate will dischardg, doe order, that there be an ad-
dition of one quarter of a rate.
M'Danforth to M"^ Thomas Danforth is desired & appointed to officjate in the Generall

8ecre« ^ Court in the secretarys place, whilst he attends the County Court.
Coniittee to It is ordered by this Court, that Cap! Clarke, M"" Edw Ceilings, & M"^

urers acco'ilnt' Henry Bartholmew shall & heereby are intreated & impowred to take the

Treasurers accou'% & make returne thereof to the next Court of Election.
Comittee of The coiiiittee of militia of Boston are desired & hereby impowred to

to dr'aw a""™"^ drawe vp a coinission for the capt of the Castle, & to deliuer the same to Capl
coinission for Dauenport, which shall be in force till the Court of Election, and that the

y cap* Castle.

Treasurer provide a boate for the vse of the Castle, according to the direction

of the sajd coinittee.
Comittee ab' The perfecting of the Ijne betweene Plimouth & this colony, from Accord

MljJ)r'Lusher,' Poud Westward, having been hitherto obstructed, all former provission notw""-
Cap' Roger standing, the neglect whereof is greivous to our neighbors & hurtfuU to our-

Clap, & Ler* °

Joshua Fisher, selves in Sundry respects, this Court doe therefore order, that Major Lusher,



21 October.



THE MASSACHUSETTS BAY IN NEW ENGLAND. ^ 89

Cap? Clap, & Left Fisher be a comittee fully impowred to act therein, & con- 166 3.

elude the right thereof, according to the grant of the charter of this coUony,

who are to signify the same to y" GoQn' of Plimouth, that so a comittee

being in like manner impowred by themselves to act therein on theire behalfe,

there maybe a finall issue put to the controuersy, & what shall be herein acted

by them they are to make returne to the next Gefill Court.

*In ans'^ to the petition of W™ Salter, keeper of the countrys prison in [*428.]
Boston, the Court, on pervsall thereof, doe finde that Mounsieur Alexander ■*-"^' *° ^°

' ' r 5 Salterspeti-

Laborne & "VV™ Laremitt, Frenchmen, were comitted as Sir Thomas Temples co.
prisoners, &, by lawe made May, 1662, he, the sajd S' Thomas, is to mainteyne
them (if they haue not estate of theire oune) so long as they remajne his
prisoners ; & if they, or either of them, haue binn prisoners on any other
mans accounts, they ai'e to be mainteyned by him or them whose prisoners
they were or are.

In ans'' to some c[U8Estions propounded by the keeper of Boston prison for Directions for
his direction in the execution of his office, this Couft doe declare, that it is ^"^ ^'^^
the duty of all prison keepers from time to tjme to present a true list of all the
prisoners to such Courts of judicature as are propperly to take cognisance of
theire crimes, & not to dischardge any theire custody but by y* authority of
the lawe warranting the same ; and that the Court, or other authority taking
cognizance thereof, shall determine the costs to be allowed the keeper for
malntenanc of the prisoner, as also by whom he shall be sattisfied ; and that
where any are coinitted in any dull cause, the plaintiff at whose suite he is
imprisoned shall secure the keeper all his necessary expences during his im-
prisonment, both for flTood, & phlsicke, & other necessarjes for his lluellhood ;
& in case of his neglect so to doe, the party imprisoned taking his oath before
any magistrate that he is not worth fine pounds, the keeper shall not stand
further chardged w* him, but may dismisse such prisoner his custody, any
former lawe, vsage, or custome to the contraiy notw^'standing. And it is de-
clared by this Court, that the ordinary allowance to be made for the fibod of
any prisoner shall be two shillings sixepence p weeke.

In the case now depending betweene W" Salter & John Woodmansy, in Courts judgm'
refferenc to moneys due to the sajd Salter for diet for two Frenchmen, coming
to this Coui't by reason of disagreement of bench & jiuy in the Court of
Asistants, the Court, on hearing of the case & all pleas therein, doe finde for
the sajd Salter seventeene shillings & sixepence, for twenty four days diet,
& costs of Court twenty two shillings & 10*- Granted May, 64. Vide
p. 430.

This Court being informed that, on the request of S' Thomas Temple,

VOL. IV. PART IT. 12



90



THE RECORDS OF THE COLONY OP



1663.

21 October.
Labornes dis-
chardge.



Ms maj*''' leiftent in Noua Scotia, Mounsieur Laborne & his servant in March
last was comitted to the custody of the keeper of our prison, there to remajne
vntill the next Generall Court of Election, to respond the further order of the
sajd S"^ Thomas, at w'='^ time the Generall Court not having cognisance thereof,
& the sajd Laborne being arrested by sundry persons on private accompts, he
hath still remayned a prisoner, this Court doe therefore order, that the sajd
Laborne shall, at the end of the present sessions of this Court, be released
from his comittm', by virtue of the councills act, vntill the id S"" Thomas
shall give further account to the Court why he should in his maj'^= right be
still deteyned. Dated 27"" of May, 1663.



M' Higginsons
fanue lajd out.



The bounds & extents of M"^ Higginsons farms being seven hundred
acres, it Ijeth north & by west from M"^ Cobbetts farme, & is about halfe a
mile from M'' Cobbetts farme, &/■ is about halfe a mile from M'' Cobbetts, &
rangeth vpon a brooke for the south bounds sixteene score rods, and is
bounded vpon the west Ijue from the head of a pond that lyeth at the head of
the abouesajd brooke to the north side of a long hill, & y* Ijne is three hun-
dred & fifty rod, & from thence to the aboue mentioned brooke, three hundred
& fifty rods. This farme was lajd out by vs, whose names are herevnto
written.

JEER: BELCHAR,
JOSEPH DAUIS.



Wee doe approove of this returne of laying out M"^ John Higginsons
farme.

WM HATHORN,
EDMOD BATTER.

The Court allowes & accepts of this returne.



Ans' to Tho.
Joys petiSo.



Courts grant
of 200 ac's to
Cap' Edw.
Johnson.



In ans'^ to the peticon of Tho Joy for the remitment of his fine, the
Court judged it meete to abate the petiobner thirty pounds of his fine, & order
the county Treasurer to repay him so much w*''in sixe months.

Whereas at the Court of Election in May, 1662, on the peticon of Capt
Edward Johnson, for the graunt of some land, in .ans' wherevnto the Court
graunted him two hundred acres, w"*" it seemes miscarried, & came not to be
entred, this Court judgeth it meete to renew the sajd grant of two hundred
acres to the sajd Cap? Edward Johnson, & graunts him hberty to take it in
any free place w'Mn this jurisdiction according to lawe.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 91



21 October.

1*4.29.]



*In the case now depending betweene Cap? Francis Norton & M"^ Nicho- 16 63.
las Daulson, plaintiffs, in tlie behalfe of Charls Toune, aforsd, and Tho
Gleason, aforesajd, defendt, in refFerence to a certeine parcell of land now in
the possession of the sajd Gleason, given by Sc[ua Sachem to Jotham Gibbons, com-ts judgm'
the Court, on a hearing of the case & all persons concerned, doe finde for the >n 3'° ''^"■se be-
defendt costs of Court forty fower shillings & fower pence. Norton for

. . r T- 1 -r> • Charls Toune

In ans"' to the peticon of Cap? Francis Norton and M"^ Nicho Dam- & Tho. Gleason
son, on behalfe of the inhabitants of Charls Toune, humbly desiring this ."J "-^ °"'
Court, on seuerall considerations, to graunt the inhabitants of Charls Toune ooo ackers
fiue hundred acres of land in some free place, the sajd inhabitants & toune ciu^^i's Toune
being streightned by parting w"' lands to accomodate Cambridge, Wooborne, "^'^^^ P^- ^79.
& Maulden, the Court judgeth it meete to graunt theire request.

It is ordered by this Court, that whereas there was graunted to Dedham 8000 acs to
eight thousand akers of land the last session of this Court, Ensigne John j -^ „^^ '-^^ j^,
Euerard & Jonathan Danforth are hereby appointed to lay out the same E"er<=d & Jn»-

•^ -^^ •' than Danforth

according to graunt.

In ans"^ to the petition of Joseph Boude, stiller of strong waters, humbly Ans' to Joseph
desiring the remittment of his fine imposed on him by the County Court held
at Salem, it is ordered, that the next County Court in Essex, who best knowes
the offence, shall & is hereby impowred to abate of the fine what they shall
judge convenient therein.

In ans"^ to the motion & request of the North Company of Boston, the Tho. Lake
Court judgeth it meete to allow & approove of Thomas Lake, by them chosen,
to be theire leiftennant.

In ans' to the motion & request of the deputys for Salem, & in theire be- Pemicooke or
half, the Court judgeth it meete to graunt the inhabitants of Salem a planta- grauntecrto°™
tiou at Pemicooke of sixe miles square, so as there be twenty familyes setled ^"1'=™ ^ miles

square, &c.

there w"'in three yeares, & on the condioon exprest in a former graunt.

In ans' to the peticon of Richard Dauenport, cap? of the Castle, the Ans' to Cap*
Court judgeth it meete to referr the ans' thereof to Maj' Gen Dennison, ^"f^P" ^
Majo' Lusher, Maj' Gen Leueret, Capt Clarke, Capt Johnson, & Cap? Clap,
to drawe vp a comission for y^ Id cap? of the Castle, & to take care for a
supply of what els is necessary for the vse of the garrison, & make returne of
the same to the Court.

In ans' to the petition of Margaret Bennet, in behalf of Mary White, hir Ans' to Mar-
daughter, humbly desiring to be sett free from Eljas "White, hir husband, for peticon.
his deficjency, &S, in hir peticon & by wittnesses therein exprest & prooved, ^"7 White.
the Court judgeth it not meete to graunt hir request.



92



THE RECORDS OE THE COLONY OP



1663.

21 October.
Ans' to M'
Thomas Dan-
forth address e.
Colled ge.



In ans'' to the adclresse of M' Thomas Danforth, the Court, hauing pe-
rvsed the contents thereof, together w*'' sundry other particculars referring to
the colledge, judge meete to order & Impower M"^ Francis Willowby, Capt
Daniel Gookin, M' Rich Eussell, M"^ Tho Danforth, M' Zekeryah Simms,
& M' Jonathan Mitchell a coinittee to repajer to the colledge & enquire con-
cerning the true state thereof in all respects, & to take the Tresurers ac-
counts, & give him direction for the disposing of the colledge estate for the
future ; and what they shall doe heerein they are to make returne to the
next Generall Court, together w"' such proposalls as they may conceive a
meet expedient for the redresse of any inconveniency that at present doeth
obstruct the prosperity of the sajd socjety, M"" Willoughby appointing the
tjme of meeting.



[*430.]



Comittees re-
turne about
Marlboroughs
differences.



*Wee, whose names are heereunto subscribed, in attendanc to the order
of this honor'' Court, in answer to the petition from Marlborough, did accord-
ingly repajer thither the 13"" (8), 63, and the next day attended, in a pub-
licke meeting there, the heaiing & debateing of the complaints menconed in
the petition, & the answers thereto, and did finde that the complaints were not
w*''out cawse ; for whereas the towne of Marlborough had made an order,
bearing date 1656, wherein they had agreed & ordered, that all that receaved
grants of house lotts there should, vpon pocnalty of the forfeiture of theire
graunts, pay all toune charges according to theire proportions, & be setled &
resident vpon them w'^'in the time therein p>fixt, or else place some other per-
son whom the toune should accept of, yet this necessary order haue binn
broken by some grantees, cawsing thereby great disturbance of theire peace,
& hinderance of theire proceedings in cases civill & ecclesiasticall, as also by
illegall voteing in seuerall towne acts.

Wherefore wee humbly ^sent to consideration, —

1. That all lands as haue beene granted there since the aforesajd order
was made, and vpon no other engagement or priviledge then is in that order
expressed, the grantees whereof haue not fuUfilled the conditions therein re-
quired, shall forthwith be returned againe to the toune, & be at theire dispose,
except any such grantees as shall, w"'in two moneths after the end of this
present session of Court, otherwise agree w"^ the toune.

2. That whatsoeuer improvement is made vpon any lands so forfeited be
sequally payd for by the toune, that is, so much as the sajd lands are made
better thereby, to be apprised by men indiiferently & mutually chosen, or by
whom this Court shall appoint.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 93

3. That henceforth, no toune act passe but in some publicke tonne 166 3.
meeting, orderly called, & only by such as are by lawe enabled so " ' '

21 October.

to doe.

ELJAZER LUSHER,

EDW: COLLINS,

EDW: JOHNSON.

The Court approores of this returne.

In the case of Joshua Beale, coming to this Court by reason of disagreem' Courts judgm'
betweene the bench & jury at the Court of Asistants, the Court, on a hearing
of the sajd case, judg meete to confirme the verdict of the id jury.

Vpon pervsall of the comissioners letters to the honoble corporation in Courts order

, o ■»«■ T-iiT • T • -KT T1T1 • • f sb' Marmadufc

Jingrd, & M' Elliots motion touching Marmaduke Johnson, printer, iniorm- johnson.
ing that the sajd corporation haue contracted w"' the sajd Johnson for one
yeere expiring in August next, it is hereby ordered, that there be a suspention
of the execution of an order of the last County Court of Midlesex, for one
yeere, injoyning the sajd Johnson to returne to England to his wife, whom he
alleadgeth is diseased, & may have oppertunlty in the intervall to produce
full cirtiificate thereof.

The Coui-t, on pervsall of former proceedings of this Court, finde y' in Courts order
Octo% 1659, W" Arnold then demanded from the country only seven pounds to W" Arnold
five shillings & eight penc as being behind & vnpajd to him, w"*" some was & for Ms dis-
then ordered to be pajd out of the puhlick treasury, in case former sattisfac-
tion did not appeare, and doe therefore now order, that tenn pounds be pajd
him in full of all his clajmes from the country, provided that, on the receipt
thereof, he giue a full discharge from all future demands from this Court on
that account.

In ans"" to the petition of Francis Hudson & John Burrage, the Court, on Ans' to Fran-
hearing of the petic8ners by theire comittee, & considering the petition, con- petigo^ as to
ceive that there maybe just cause of complaint, & some abatement maybe y'feny-
needfuU, but the rent of the ferry by this Court is graunted to the coUedge,
and the peticoners contract being w* the sajd coUedge, therefore declare, y'
this case is not propper for theire cognisance.

In ans' to the petition of Thomas Noyse, of Sudbury, humbly craving Ans'toTho.
this Courts fauor to graunt him some lands as they shall judge meete, the °^^^ ^^ "'°"'
Court did not see cause to graunt him his request.

*In ans' to the peticSn of Joseph Phippen, & on consideration that the [*431.]
Court to w* the peticoner is sued is not till July next, & that much of the j°s"phPhip°
peticoners goods are of a perishable nature, as corne, hay, catle, & boates, the pens petic.



94 THE EBCORDS OF THE COLONY OF

166 3. house itself also subject to spoyle & wast, the Court doe therefore judge meete
"~ '^ ' to order, that the petitioner giving sufiicjent bond, to value of eight hun-
dred pounds, of two able & sufiicjent persons, well knoune & able to respond
the ju.dgment, the plaintifFe, M"^ Robert Jordan, shall obteyne at the sajd Court
ag' the peticoner, in July, at the end of the prosecution, in the house, land,



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 11 of 77)