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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catle, boate, &6, of the peticoners, or else in other goods, eequally vendable &
of suiteable value ; that the secretary certify to the constable of the place of this
order, requiring him, by virtue of it, to deliuer vp to the peticoner his house,
catle, hay, land, boate, & other goods, for his vse, till the case be issued, the
plaintifi"s damage being provided for by the bonds aboue mentioned, w'='' bonds
shallbe returned to the recorder of the county of Yorke.
Phippenses This Court graunted Joseph Phippen his bill of costs ag* M"^ Robert

Jordan^ ° Jourdan, for bringing him to Boston, &(5, amounting to twelve pounds nine-

teene shillings.
Courts order Whereas George Cleaue, gen?, on his petition to the Gen Coui't, in ans'

foraCourl &o therevnto was granted a hearing at a County Court to be holden at Yorke in
July last, and that Jt Jordan was then a prisoner at Boston, by meanes
whereof all proceedings were waned, least the sajd Jordan should account
himself injurjed, whereby also all releife hoped for by the sajd Cleaue was
frustrated and disappointed ; and that at a Court of associates, late holden, as
is alleadged, the sajd Jordan hath further prosecuted ag' the sajd Cleaue, by
virtue whereof the sajd Jordan hath of late, as the sajd Cleaue hath informed,
outed his aged wife and family ; and that the said Cleaue was, by Gods provi-
dence, not voluntarily, but necessarily detejned ; and forasmuch as M' Jor-
dan, by former execution, did take from the sajd Cleaue his bed, bedding,
ketle, & pott, w'='' is contrary t6 lawe, besides two cowes, w'^'' also were all he
then had to support his family, — it is therefore ordered by this Court, that
the associates for that county of Yorke, or any three of them, shall & hereby
are impowred & required forthwith to appoint & keepe a Court there, to heare,
examine, & determine, either w^'out or w"" a jury, as the partjes shall agree,
at Saco or Wells, all complaints of either partje by way of revejw or other-
wise, according to lawe.
Courts grant to Whereas Nanamaconuck, eldest sonne to Passeconaway, had a graunt

nuck, Pesse- ™^"^ ^J ^his Court some yeares since of a smale parcell of land, about one
conaways q^uarter of a mile square, in the place where he now dwells, nere Groaten, w'^''

-rmue, iUU ^ '

atrcs. graunt, through some omission, is not to be found, though remembred by diQs

of y" Court, this Court doe therefore order, that Ensigne John Euered &
Thomas Hincksman be a coinittee to lay out & bound to the sajd Indjan one
hundred acres of land in a square peece, as neere as they cann, including his



THE MASSACHUSETTS BAY IN NEW ENGLAND. 95

planting ground which he liues vpon ; & this sajd land is hereby confirmed 166 3.
to him & his heites foreuer, provided he nor his shall not sell or alienate the "^ '

•J 1 J 1 ,. . .V 21 October

sajd land, or any part thereoij vnto any person w'soeuer, w'^out y^ consent or
approbation of this Court.

In ans'^ to the request of Nanaleucet, second sonne to Passaconaway, hauing Courts graunt
many children, & no land of his oune to plant vpon, this Court judgeth it jjanalaucet
meet to graunt to him, the sd second sonne of Passeconaway, named Nanalau- second sonn

to Passecona-

cet, one hundred acres of land, lying vpon a great hill nere a great pond, way.
about twelve miles distant from the house of Ensigne John Euered, part of
y/"^ land was formerly planted by the sajd Nanalaucet, provided neither he
nor his heires shall sell it to any w'^'out the consent of this Court ; & Ensigne
John Euered all Webb, & Thomas Hincksman, of Chelmsford, are to lay it
out as neere as they cann in a square peece, including the hill that hath beene
planted.

*In ans' to the peticon of Ljnn troopers, this Court, having considered the [*432.]
seuerall allegations made referring thereto, & especially the divission of Essex ^^^' *« Linn

troop's peticon.

troopers into two troopes, doe order, that henceforth the troopers inhabitting j^,.^^ troopers

in Lynne shall appertejne vnto & joyne w* Salem troope, any former order *° ^^^"^s t"

of this Court otherwise disposing of them notwithstanding, excepting only

such as shall rather choose to continue w*'' the Three County Troope, & shall

certify theire desire so to doe vnder theire hands at the next meeting of Salem

troope.

In ans"^ to the peticon of John Martjn, the Court judgeth it meete to Ans' to Mar-
graunt the peticoner one hundred acres of vpland, to be lajd out together next
to Ensigne John Euered aljas Webb his lands.

In ans'' to the peticon of Elissabeth Hubbard, relict of the late Thomas Ans' to EKsa.
Hubbard, of Billirrickey, the whole Court mett together ordered, that the sajd ygg^
Elisabeth Hubbard, y^ widdow, shall haue the whole estate of hir late hus-
bands, the order of the County Court at Charls Toune notw"'standing.

Itt is ordered that Majo'' Eliazer Lusher & Majo^ Generall Jno Leueret CofiUssioners
shall & hereby are appointed & impowred as coinissioners to repajre to Road ^^^^
Island, & to acquaint the praesident & authority or Generall Court there w"'
the Courts sence of theire actings against the peace of this colony by theire
intrusions on the bounds of Souther Toune, & to demand of them the grounds
of theire proceedings, and what theire clajme is, & by what authority, and to
propound to them the Courts willingnes to referr the whole matter in differ-
ence betweene them to the coinissioners of the Vnited Colonjes, or any other
squall arbitrators indifferently chosen, & that, vntill the matter be orderly
heard & determined in some way or other, all further molestation & disturb-



21 October.



96 THE KECOEDS OF THE COLONY OF

1 6 63. ance to the inhabitants of the sajd place may cease ; & in case of their refiisall
to attend a peaceable issue, this Court doe comend it to the care of the coun-
cill of this coinonweale, that a meete provission be made for the safety of the
Hues & estates of those that are so injuriously wronged ; also, that they treate
■w*"^ the sajd president, & such of the authority of Road Island as he shall
associate w*^ him, or the Geuerall Courte there, & if neede be to acquaint
them w* the comissioners of the colonjes act in refference thereto, & that
the secretary furnish the sajd comissioners w"" the coppies of such letters of
the Generall Court, council, comissioners, &3, & other evidences on file, as
they shall judge meete, making theii'e returne to the GoQno'^, councill, or Gen-
erall Court.
Courts graunt A bill, passing betweene the Magistrates & Deputjes in May, 1662, in the

Dennison. words herevnder expressed : In ans"^ to the motion of Majo"^ Generall Daniell
Dennison for laying out his farme of fine hundred acres neere vnto North-
ampton & Hadely, it is ordered by this Court, that the bounds of Hadeley on
the west side of the riuer shallbe & heereby are stated at the tree or stake by
a swampe, being about slxe miles from Northampton meeting house, (as some
of Hadely declared to Deacon Parkes & others,) and that Majo"^ Dennisons
farme shall beginne at the sajd tree or stake, & there to be lajd out to him as
is desired, i. e., about a mile along the riuer, in a due square, so as to make
vp his five hundred acres, & that the bounds of Hadely on the east side of the
riuer shall extend fine miles from theire meeting house place, vp the riuer .
fine miles, doune the riuer by streight Ijnes, & from the eastermost part of the
riuer fower miles backe into the country, according to the order of the Gen-
erall Court, the eleventh of the third month, 1659 ; to w'='^ bill the Magis'^ con-
sented so farr as it respected Major Generall Dennisons ; and also allowe of
the bounds of Hadely on the east side of the riuer, & fine miles doune the
river from their meeting house vp the riuer, &6 ; only respitted the west side
of the riuer to further consideration, respecting M"^ Bradstreets interest ; to
w* the Deputjes returned, that perceiving the Magis'^ haue not concurred w'''
their votes of this whole, all declared they did not consent to the last returne
of the Magistrates. This Court, both Magis'^ & Deputjes, on pervsall of the
sajd bill, judged it meete to order, that the grant to Majo' Generall Dennison
of the five hundred acres, bounded at the tree or stake, as mentioned in the
aboue written bill, about six miles from Northampton meeting house, at the
side or end of a great plajne neere a swampe, & to runne in length vpon a
north & by east Ijne one mile vp the Riuer of Connecticot, & from the riuer
at both ends vpon a square Ijne, viz., east & by south & west & by north from
the riuer into the wildernes, shall and is hereby confirmed to the sajd Majo^



THE MASSACHUSETTS BAY IN NEW ENGLAND^ 97

Generall Dennison, & M'' Holiocke & Leften"* Wilton are heereby appointed 166 3.
to lay it out. ""^ ^^ '

*For a more cleare & full vnderstandlng of the intent of this Cotu-t in r*A^<^ i
reffercnce to comissions graunted to military officers, it is ordered & hereby Qrd' miUtary
declared, that all comissions of inferior officers be & doe stand good & in force, Penalty for
notw"^standing the death or remooveall of theire superior officer, it is also shooting after
further ordered, that all trayned souldjers, whither horse or ffiDote, shall repaii-e "^^l^^^*-
to theire seuerall q^uarters, & lodge theire armes iinediately after theire dismis-
sion, vpon trayning dajes ; & whosoeuer shall, either singly or in companjes,
remajne in armes, & vajnely expend theire time cfe powder by inordinate
shooting in the day or night after theire release, such souldjers, vpon convic-
tion, shallbe punished by theire superio' officers order, vpon the next trayning
day, at the head of the company, by sharpe admonition or otherwise, w*'' any
vsuall military punishment, at the discretion of the cheife officer, provided
the magistrate haue not taken cognizance of the matter before.

It is also further ordered, that all souldjers, whither horse or ffiaote, who Penalty for
shall disobey the lawfull coinands of theire superior officers vpon any trayning - " ^^^^ "^f"
day, either in tjme of excercise in the body or otherwise, refusing to performe y" eoinands

giuen by y«

any service w'^'' theire officers in theire discretion shall judge expedient in comand'-a.
order to the furtherance & promoteiag millitary worke, such refractory souldjers
shall be punnished, either by admonition or otherwise, at the head of the com-
pany, w''^ any vsuall military punishments, at the discretion of the cheife officers.

It is also further ordered, & be it heereby enacted, that the lawe Ijmitting Troopes to be
troopes not to exceed seventy persons in a troope, as also for allowance of jS.ue 5, '^^^ time to
shillings p annu, is hereby repealed in refference to any that shall be listed '^°™^ repealed,
after the publication of this order ; & that henceforth none shall be admitted
to be a listed trooper but such whom themselves, or parents vnder whose
gouernm* they are, doe pay in a single country rate for one hundred pounds
estate, & in other respects also quallified as the lawe provides, & the same cer-
tified under the hand of the constable of the toune where they liue.

Bee it also enacted by the authority of this Court, that no masters of shipps Poenaity to

, . , . , . -, . ,.. f. , , ....... drinck healths.

or seamen, having theire vessels ndemg w'^in any 01 our narDo''s in this jurisdic-
tion, shall presume to drincke healths, or suffer any healths to be druncke w*in
theire vessells by day or night, or to shoote of any gunne after the daylight is Penalty for

. Ill 1 -IT o ship m's shoot-

past, or on the Saboath day, on poenaity lor euery health twenty shillings, & ing at night,

for euery gunn so shott twenty shillings; & the capt of the Castle is heereby ^^^-oi^SaboatU

enjoyned to giue notice of this order to all shipps that passe by the Castel.

• It is ordered, that a letter be written from this Court to Doc*"^ John

Owen, to second Bostons invitation to accept of theire call, & was : —

VOL. IV. rr- PART 11. 13



98



THE KECORDS OP THE COLONY OP



1663.

■ — f— '

21 October.
Courts letter
to Dr. Jn"
Owen.



EeGend S' :

It hath pleased the most high God, possesso' of heaven & earth, who giveth
no account of his matters, to take vnto himselfe that pious & eminent minis-
ter of the gospel, M"^ John Norton, late teacher of y^ church of Christ in
Boston, whose praise is in all the churches, the suiteable & happy repajre of
w""" breach is of great concernm*, not only to that church but to the whole
country. Now, although most of vs are strangers vnto you, yet having seene
your labours, & heard of the grace & wisdome comunicated vnto you from the
Father of lights, wee thought meete to write these to second the invitation &
call of y* church vnto yourselfe to come ouer & helpe vs, assuring yow it
willbe very acceptable to this Court, & wee hope to the whole country, if
the Lord shall direct your way hither, & make your jom-ney prosperous to vs.
Wee confesse the condition of this wildernes doeth present htle that is
attractiue as to outward things ; neither are wee vnmindfuU that the vndertaking
is great, & the trjalls many that accompany it ; the persons that call you,
vnworthy, sinful men, of much infirmity, & possibly may fall short of your
expectation, (considering the long & liberall day of grace affoorded to vs ;) yet,
as Abraham & Moses, being called of God by faith, forsooke theire country &
the pleasures thereof, & ffollowed the Lord, the one not knowing whither he
went, the other to suffer afHiction w"^ & beare the manners of the people of
God in the wildernes, & God was w* them & honnored them, so wee desire
that the Lord will cleare your call, & giue yow his presence. Yow may please
to consider those that giue yow this call are your brethren, & companions in
tribulation, & are in this wildernesse for the faith & testimony of Jesus, &
that wee yet enjoy (thro the distinguishing favo'' of God) the pleasant things
of Zion in peace & Hberty ; and whiles the Lord shall see meete to betrust
vs w"" this mercy, wee hope no due care will be found wanting in the gou-
emm' here established to incourage & cherrish the churches of Christ & the
Lords faithfuU laboui'ers in his vineyeard. Thus praying to the God of the
spirits of all flesh to set a man ouer this congregation of the Lord that may
goe in & out before them, & make your call cleare & voyage succesfuU to vs,
that if the Lord shall vouchsafe vs such a fauo'', yow may come to vs in the
fallnes of the blessing of the gospell of Clxrist, w*i» our very kind loue &
respects, wee remajne

Your very loving freinds,

JO: ENDECOT, GoQ, in y= name &
by y® appointm' of the Gennll Court sitting at Boston, in New England.
Dated 20 October, 63.



THE MASSACHUSETTS BAY IN NEW ENGLAND.



99



*This Court ordered also, that tte Gouerno' write a letter, as an ans' to 166 3.
S' Jn" "Wodlstenholme & other his maj'y comissioners letter, about taking ^ "< '
bonds, &e, w* is on file, informing of this Courts care in such respect. ^*1^a^-\

In ans"^ to the petition of the inhabitants of Boston, craving the favo' of q^^^^^ ^^^, fo,
this Court for some further power in refference to the well ordering of trade ?' ^°^' *° ''"^'
& tradesmen, & the suppressing of the vices so much abounding there, the stenholms let-
Court judgeth it meete to graunt theire request, & doe order & impower ^^ T ,t
Francis Willoughby, Majo"^ W"" Hauthorne, Cap? Norton, Capt Edw Johnson, peticon.
M'' Edward Collins, & M' Henry Bartholmew as a comittee to pervse the
charter now in Court, & how farre it is meete to be granted, or what else they
shall judge meete for the attayning of the ends aboue expressed, making
returne of what they shall conclude vpon to the next Court of Election.

This Court is dissolved.



Att a Generall Court for Elections, held at Boston, 18^ of

May, 1664.

JN° ENDECOTT, Es^), was chosen Golino', & tooke his oath in Court.
E,i Bellingham, Es^, was chosen Dep' GoSn'^, & tooke his oath y' 19"»
instant.

Symon Broadstreet, sworne, & Comissioner,

Sam Symonds, sworne,

Francis Willoughby, sworne,

Tho Wiggins,

Daniell Gookin, sworne,

Daniell Dennison, sworne, 2 reserv,

Symon Willard, sworne.

Rich Russell, Es^, sworne, & Tres,

Thomas Danforth, sworne, & Cofiiissio',

W™ Hauthorne, sworne, 1 reserv,

Eliazer Lusher, sworne.

Rich Saltonstall,

Edw Rawson was chosen Secre?, & tooke his oath.

Jn° Leliret, Esqp, was chosen S'^ Maj' Generall.




. were chosen Asistants.



18 May.



100 THE RECORDS OE THE COLONY OF

1 G 6 4. Deputjes returnd from y^ seiierall tounes to serve at this Court.

Salem : M"^ Edmond Batter, Capt Tho Lathrop.
Charls Toune : Capt Francis Norton, Lef^ Eicti Sprague.
Dorchester : Capt Eoger Clap, Lef I Hopstill Foster.
Boston : Maj' Gen Jn° Leueret, Cap? Tho Clarke.
Eoxbury : M' W"" Parks, LeR Griff: Crafts.
Water Toune : Cap? Hugh Mason, Left Rich Beares.
Cambridg : M'' Edw CoUings, Left Edw Winship.
Lynne : Capt Tho Marshall.
Ipswich : Cap? John Apleton, M' Jn" Gettings.
Newbery : M"" Edw "Woodman.
Weimouth : Lef? Jn° Holbrooke.
Hingham : S' Jn° Levitt.
Concord : Capt Timo Wheeler.

Dedham : Ensigne Daniel Fisher, Lef? Joshua Fisher.
Salisbury : M' Jeremiah Houchin.
Hampton : Cap? W"° Gerrish.
Eouley : Maximillian Jewet.
Braintiy : M"' Sam Bass.
Wooborn : Cap? Edw Johnson.
Maiden : M' Joseph Hills.
Meadfeild : M' Ealph Wheelocke.
North Hampton : Lef ? Sam Smith, M' W™ Leuis.
Chelmsford : Ensigne Jn° Euered.
Casco : M'' Georg Cleave.
Kittery : M' Eoger Plaisted.

Majo' Generall Jn° Leueret was chosen Speaker.

[*435.] *This Court being sensible of the great encrease of prophaiies amongst

Pcenaity for yg especially in the younger sort, taking their oppertunity, by meeting together

rude singing r w ^ a ^ ^ a a

in tauerns or in places of publick enterteinment, to corrupt one another by their vnciuill &
wanton carriages, rudely singing & making a noyse, to the disturbance of the
family & other guests, if any be in the house, —

This Court do therefore order & hereby enact, that no person or persons
whatsoeuer do presume, either in word or deede, to carry it vnciuilly or wan-
tonly, singing rudely, or making a noyse, to the disturbance of the family or any
other guests, in any place of publick enterteinement, on pcenaity of paying fiue



ale houses.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 101



18 May.



shillings for euery offence ag* this lawe, being thereof legally convicted before 166 4.
any Courtj magis'^, or comission'^ ; and where sundry persons are in the same
company where any such rude & vncivil carriages are acted, & the particular
person or persons vnknoune, euery of the sajd persons shall be Ijable to the
like poenalty, ynlesse they cann attest their innocency, and doe freely giue in
their testimony against the nocent j and if any person allowed to keepe a
house of publick enterteinment shall suffer such carriages by any person or
persons, & not legally prosecute the same before authority, on legall convic-
tion thereof before the County Court, of whom they had their license, they
shallbe debarred of any further renuall thereof.

This Court, hauing pervsed an order of the council, bearing date the 31* Confirmation
of December, 1663, impowring a comittee to engage some faithfull freinds in co^ittee as to
our buisnes in refference to the publicke concernes of the country in England, "' affaires m
in presenting the councills answer to his maj'''^ gracious letter, & the com-
plaints exhibbitted by the petition of Tobyas Saunders & Robert Burdet vnto
his maj*y & councell, & other matters of concernment to this colony, doeth
approove & allow of what the council did therein, & doe impowre the sajd
comittee to act therein as maybe most for the publick weale of this juris-
diction, & doe declare, that they will take due care to defray the charge which
shall be expended therein, the disburs not exceeding fower hundred pounds.

This Court, being informed that some of his maj'^^ shipps are on their voy- Order for re-
age to these parts, in which are seuerall gentlemen of q^uality, doe therefore j^j^ shippes.
order, that the capt of the Castle, on the first sight & knowledge of their ap-
proach, giue speedy notice thereof to the honnored Gouerno"" & Deputy GoQno'',
and that Cap? James Oliuer & Capt Willjam Dauis are hereby ordered forthwith
to repaire on board the sajd ships, and to acquaint those gent" that this Court
hath & doeth by them present their respects to them, & that it is the desier
of the authority of this place that they take strict order that their vnder
officers & souldjers, in their coming on shoare to refresh themselves, at no
time exceed a convenient noumber, & that w*''out armes, & that they behaue
themselves orderly amongst his maj'!"" good subjects heere, & be careful! of
giving no offence to the people & lawes of this place, and invite them on
shoare, provission being made for their present refreshment by the sajd Cap?
Oliuer; and the mannagement of the millitary enterteinment & the guard' is
left to be ordered by the majo' generall & militia of Boston, w*** respect to
their honnofble reception.

*This Court, being sencible of many distractions & troubles vnder which [*436.1
the country doe labor in sundry respects, as also the sad estate & condition of I5th June, day

, . niiio ofhumilliation.

Gods people & interests m other places, doe comend vnto ail the churches &



18 May.



102 THE RECORDS OF THE COLONY OF

16 64. people of this colony the 15* of June next to be kept a solemne day of humil
liation & prayer for the Lords mercy to be towards vs, & his gracious returne
to his people, according as wee & they may or doe stand in neede thereof.
Ab' miiiitary This Court doeth order, that the clarkes of the millitaiy companjes for

Boston, Ipswich, Salem, & Charls Tonne doe forthwith respectiuely take care
to take forth from the secretary their comissions for the militia of their tonnes,
on poenalty of fine pounds for euery months neglect.
Order for y Forasmuch as it is of great concernment to this comonwealth to keepe

brought into y Safe & Secret our pattent, it is ordered, the patent, & duplicate belonging to
^'"^'*- the country, be forthw"" brought into the Coui't, & that there be two or 3

persons appointed by each house to keepe safe & secret the sajd patent &
duplicate, in two distinct places, as to the sajd comittees shall seeme most
expedient.
Comittee to re- It is ordered, that the Dept GoGno', Majo' Genii Leueret, Cap? Clarke,

from y^ seer™ ^ Cap? Johnson are appointed to receive the grand patent from the secretary,

& to dispose thereof as maybe most safe for the country.
Secretarys dis- The Secretary, being sent for the patent, brought it into the Court, and

ptttent p'tL. <leliuered it to the Dep' GoQno^ Rich Bellingham, Es$>, & the rest of the
Danforth, p' comittee, in presenc of the whole Court, and was dischardged thereof.

order of y

Court. M'' Duncan appearing to this Court, &, by reason of imperfection & age,

M' Duncans desired to be dischardged of his trust in relation to weights & measures, this

dischardge.

Jn"' Negus to Court doeth therefore order the sajd weights & measures to be deliuered into

weights & *^^ hands of Jonathan Negus, & y* he succeed m y' place,
measures. THs Court, considering the vncomfortable differences betweene our con-

tion ab' Hart- foederates of the two jurisdictions of Conecticott & Newhauen, doe appoint

ford & New ]yj;r "VVillowby, Capt Gookin, Mai' Generall Leueret, & Cap? Edw Joh.nson a

Haven, &o.

coinittee to drawe vp letters vnto each colony, wherein maybe expressed such
arguments as may be fitt to persuade them to unity & agreement, which
hitherto they haue seemed to dechne, though once & againe mooved therevnto
by the comissioners of the Vnited Colonjes, as their records declares, and



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 12 of 77)