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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that, in case they shall not make accord betweene themselves before th.e next
meeting of the comissioners of the Vnited Colonjes at Hartford, then that this
Court doe order their comissioners to declare that such dlvitions & refusall of
submission vnto the orderly advice of the comissioners, according to the arti-
ckles of confoederation, is a violation of the confoe deration if persisted in, &
that they joyne w*^ the rest of the coinissioners of the colonjes in declaring
the same.

Letters were accordingly writt, approoved of, & send accordingly, w"**
are on file.


*This Court, finding tlie complaints of the people at Souther Toune ag' 166 4.
Cap? Georg Dennison, & of his complaints against the sajd tonne, to be cir- "*■ ' '
cumstanced w* difiiculty, both in regard of the vasetlednes of the sajd place pJ^T-i
by clajmes made to jurisdiction ouer them by other colonjes, & also in respect courts advice
of the defect of legall testimonyes in the case, the Court doeth advise & order *° Souther

. ' '' Toune.

the respectlue complaynants to repare to their respectiue habitation, & en-
deavo"^ to Hue in loue, peace, & vnity, & to forgiue & forgett former injurjes
on either part, & to conforme themselves in their respectiue capacitjes vnto
such orders & instructions given them by this Court for their quiet gouern-
ment, vntill such time as the case betweene this colony & others that clajme
jurisdiction there be determined, & in the interim, that they doe, w*'" vnity of
heart, endeavo"^ to setle & incoiurage a godly, able, & orthodoxe ministry
amongst them, which wee hope willbe a good meanes further to vnite them in
peace & loue.

In ans' to the petition of Samuel Plummer, fferryman, of Newbery, hum- Ans' to Sam.
bly shewing that, by a country highway & bridge, set forth & errected vp the fon."^" ^^*'"
riuer by y« County Court of Ipswich for y« bennefit of y« country, his inherit-
ance & trade is much weakened & endamaged, & humbly desiring this Court
to mak such due reparation to him, in consideration thereof, as in their wis-
domes they shall see meet, the Court judgeth it meete to order & enable the
peticoner henceforth to take one penny more then formerly for the passage of
each person & each beast that he shall transport ouer that ferry, & that he is
& shall be dischardged of all rates that are or shallbe made in refferenc to the
bridg & highway mentioned in his petition, so long as he shall duely attend
y' ferry.

In ans' to the petition of John Hoy, Scotchman, this Court judgeth it Ans' to Jn»
meete to confirme the administration, granted to him by the County Court, Macdanei es-
of Alexander Macdannels estate, January 26, 1663, as in that act of Court is *^'' 5" County

Courts order

expressed, so as he giue bond to the secretary to respond what shallbe legally & inTentory is
clajmed out of that estate by any person whatsoeuer. onlg_

Cap? Daniel Gookin is hereby desired & appointed to keepe the Courts Cap' Gookin to
in Portsmouth, or Doner, & Yorke, for this yeare, if he come home & be at Yorke &£.
well; otherwise, M' Eich Eussell.

In ans"^ to the peticbn of Samuel Chapin, of Springfeild, humbly desii-ing Ans' to Sam.
the fe.vo'^ of this Court to grant him some lands in refference to service son & 200 acs
donne, the Court judgeth it meete to grant him two hundred acres of land S'^"'^™-
where he cann finde it, not formerly granted to toune or person. Ans' to M'

Cleaues peti-

In ans' to the petition of M' George Cleaue, the Court judgeth it meet eou.


1 G 6 4. to referr the peticSner to an ordinary course of justice in the Courts of that
' ^ "^ sheire.

it Sam Symonds is desired & appointed to keepe County Courts in Nor-
koepe Courts folke, w"^ the associates there, for the yeare ensuing..

in Norfolk. -_^ y~^ i t ^ r>t -i i*

r*4.^S 1 *In ans' to the petition of Zackeus Gold, the Court judgeth it meete to

Ans' to Zacke- 0^^^^') that Ensigne Tho Houlett & Jn° Gage be a coinittee to lay out three
us Golds peti- hundred acres, formerly granted by this Court to M' W™ Pajne, in behalf of


Capt Patricke, IS"" May, 1640, according to that grant, by the first opper-
Salem millitaiy This Court, being informed that the ifoote company at Salem is destitute

of all comission ofiicers, and that some persons haue binn nominated & pre-
sented to the last County Court at Ipswich, who were not sattisfied to con-
firme the sajd persons, it being altogether necessary to provide for the peace
& welfare of a place so considerable, doeth order, that Majo'" W™ Hauthorne
doe take the care & coinand of the sajd company ; & this Court doeth expect
a ready & willing compljance of the sajd company to this order in refferenc to
the sajd Majo'' Hauthorne, of whose abillity & service they haue formerly had
good & long experience ; and for the present haue desired & doe hereby im-
power M'' Walter Price as leftennant, and M'' Hilljard Veren as ensigne, not
hereby hindering the sajd company in due time to proceede to an orderly
election, if they see cause, & present the same to this Court for confir-
Order ab« Abra- Itt is ordered, that the Treasurer of the country sattisfy & pay Abraham

sallery &o Busby the some of t'w^o pounds tenn shillings more in relation to what is yet
due to him for his attendanc on the deputye the last yeare, & also to sattisfy
W™ Hudson the soine of twenty shillings for his djet.-

May 17, 1664. Layd out to M' Charls Chancy, preesident of Harvard Colledg, five

President hundred acres of land in the wildernesse on the northeast of Merremack


farme. Eiuer, begining at the most westerly angle of a farme lately layd out to the

toune of Boston, which corner bounds is a red oake, bounded w"' H on
east side of it, & C on the southwest ; this farme also bounds it on the north-
east two hundred eighty fewer pole, where it is bounded by a stake & a heape
of stones ; from thence it runs west & by south three hundred & fifty pole,
vnto a great white cratched, w"^in sixe foote of the ground, standing in a bot-
tome on the west of a litle meadow ; & from thence it runs northwest & by
north two hundred seventy fower pole, vnto a bound marked tree w"' some
stones layd about it ; and from thence to the first line three hundred & twenty


pole ; also, there is litle meadow which is cutt by the southerly Ijne, leaving 16 64.
out of it about sixe acres, which is also layd to this farme ; all which farme " ' '
is sufficiently bounded, but the forme of it doe more plainly appeare by a plott ^^'

taken of the same p Jonathan Danforth, survejo'.


The Co\irt doeth allow & approove of this returne.

Eljas Mauericke, bein chosen by the North Company in Boston to be their EHas Mauer-
ensigne, & presented to this Court for confirmation, the Court allowed of their ^"^^ ^^^^ene.
chojce, & confirmed him as their ensigne.

The Tresurers account being audited by the comittee appointed by this Tresurers aoco»
Court, & returne made by y» coinittee that they found no objection ag' it, the ^^J^_
Court allowed thereof, & judged it meete to allow the Tresurer thirty fine
pounds, the ballanc then of y'' account due to the the Treasurer being three
hundred & nine pounds.

Whereas there are seuerall arrears due from the county of Yorke, w"''. Order ab'
for some certeine yeares past, for y= sallery of magistrates, deputjes charge, & ^°^^
other the like considerations, should haue binn payd into j" country Treasurer,
as by the sajd Treasurers accompt doeth & may appeare, it is therefore ordered
by this Court, that for the more speedy discharge thereof, of the County Court
of Yorkshire next ensuing shall take an effectuall course that all the sajd
arrears y* are yet behind shall be suddainly gathered in & transmitted into the
hands of y° Treasurer of y« country.

*The Court, hauing cognisance of the seuerall reproachfuU expressions r*439."|
vttered by Willjam Cotton ag' our honored GoQno'', & those w* reflect W" Cottons
deepely on the freemen of this jurisdiction, judg his offence to be heynous,
& aggravated by his former miscarriage, & doe therefore order him to be dis-
franchised & disabled to beare any millitary office, & be whipt openly, not
exceeding tenn stripes, or otherwise pay the soine of fiueteene pounds to the
publick Treasurer, & to stand comitted vntill he pay the fine, if he accept that
way; & he is hereby discharged from his bonds for the good behauiour &
attendance at the next County Court.

In ans'^ to the petition of W™ Haues, humbly desiring the favo' of this -w™ Haues re-
Court to be freed from the bonds he hath entred into for y* peace, w"'' W" j^^. p^g^^™ *
Morrice swore against him, the Court grants his request. Hauerill

For an issue of the case in difference betweene Majo' Generall Dennison j^^^gg^
& the toune of Hauerill, relating to their bounds, the Court judgeth it meete Denisons

farme ag"

to confirme the bounds of Hauerill, not extending vpon the riuer aboue eight confirmed.


Y ■"

18 May.
Ans' to W"


1664. miles from tlieir meeting liouse^ and doe confirme vnto Majo'^ Generall Den-
nison his farme as it is now lajd out.

In ans' to the petition of W"^ Salter, it is ordered, that. the petitioner, in

Salters peti- refference to what is due to him from S"^ Thomas Temple, be refferred to the


order of Coiu-t in that case granted him, and that the selectmen of Hamp-
ton shall speedily pay him what, vpon just account, is due to him respect-
ing the charge of Vnice Cole, and doe allow of the bill of costs in M"^ Wood-
manseys case, tryed in Court, w"'' amounts to twenty two shillings & tenn

A 1000 acres of In ans"" to the petition of Samuel Smith, for & on the behalfe of the toune

Hadieyiucase. o^ Hadley, the Court judgeth it meete to grant the thousand acres of land
mentioned in their petition, next to Majo"^ Gen Denisons land, to the toune of
Hadley, on condition that they make agreement w"^ the wofpf M'^ Broad-
streete for the fine hundred acres, lying w*in the bounds of their sajd toune ;
otherwise the sajd grant to be voyd.

Ipswicli offi- The ffoote company of Ipswich hauing chosen Thomas French ensigne,

Thomas Burnam, Jacob Perkins, Thomas Wajt, sergants, as also Thomas Hart
& Francis "Wainwright corporalls, this Court judgeth it meete to allow &
confirme the sajd chojce respectiuely.

Ans' to Rich. In answer to the petition of Richard Heildrich, of Chelmsford, humbly

ei ic pe - gj.g^Y^jjCT the favo"^ of this Court to consider his necessitious condicbn, & grant
tiou. o > o

him some lands, this Court judgeth it meete to grant him one hundi-ed & fifty

acres of vpland & meadow where it may conveniently be found, not pjudjciall

to any plantation.
Ans' to Jona- In ans"^ to the petition of Jonathan Eainsford, humbly craving the favo'^

fords petition °^ ^^^^ Court to remitt him the fine of forty shillings, -w"^ the law imposeth on

him for his not prosecuting an appeale at the Court of Asistants in September

last, the Court judgeth meete to grant his request.
Jn" EiJed & It John Euered alias Webb & Samuel Addams, being both present, are

to marry at hereby impowrcd to joyne persons in marriage that shall be duely published
Chelmsford. according to lawe w'^'in the toune of Chelmsford.

[*440.] *In ans' to y" petition of John Hutchins, late cunstable of Hauerill, hum-

Ans' to John y[„ craving the favo"^ of this Court to remitt him to y' value of three or fower

Hutchins peti- ^ o ^ J ,

con. pounds, w'='' in corne in his hands was consumed by fire, the Court judgeth it

meete to grant his request, viz', a dischardge from the "Treasurer for so much
as he affirmes was lost by fier in his hands, so he make proofe thereof to the
Treasurer, & that the Treasurer pay the peticoner twenty shillings for his
pains in execcuting a warrant for y° ap>hending of an Indian for killing his

18 May.
Ans'to M'


In ans'^ to the petition of M"" John Cheeckley, the Court judgeth it meete 166 4.
to order, that the secretary renew the execcutions on the judgments of the
County Courts ag' M"" Thomas Broughton, & his propper estate, to & for M""
John Checkley, & to direct the same to the marshall generall, or his deputy, Checklys peti-
to execute them on the sajd person & his propper estate.

In ans' to the petition of Eliazer Fawer, humbly craving the favo'^ of this Ans'to EHazer
Court that he may be impowred by j° authority of this Court to set vp y* tion.
trade of a cooper in the toune of Boston, w'^^ he hath lately learnt, the Court
judgeth it meete to allow j" petitioner to practice the trade of a cooper in
Boston, provided that he be found sufficient in that art, to be tryed by fewer
skilfull men in that trade, two of them to be chosen by the selectmen of
Boston, & two by y^ peticbner, any three of them to determine the case.

In ans"^ to a second humble petition & acknowledgment of W™ Cotton Ans' to "W»
ex,liibitted to this Coiu-t, acknowledging the justice of the Courts sensure ag' peticon.
him, & humbly desiring the favo"" of the Court in mittigating thereof, or
remitting his fine, the Court judgeth it meete to abate the petitioner tenn
pou ads of his fine.

Layd out to John Martyn, of Chelmsforth, one hundred acres of land, John Martyns
more or lesse, on the north of Merremacke Eiver at Patucket, bounded by the j^", ' ^"®^'
sajd riuer on the south ninety seuen pole, and by the Indian plantation on the
east one hundred forty three pole, and from thence it runnes to M"^ Webbs
farme, w'^'' Ijne is two hundred & tenn pole, bounded there by the wildernesse,
& on the west side it is bounded by M' Webs farme. Lajd out

The Court doeth allow & approove of this returne.

In ans'^ to the petition of Edward Colcord, the Court judgeth it meet Ans' to Edw.
to respit the hearing of the case mentioned in his petition till the next session ^■"g^"^ ^ ^^ ''
of Court, & that the petitioner put in security to beare the charge of the
Court, & notice be given to persons concerned to appeare at that tjme.

In ans'' to the petition of Cap? Tho Clarke, the Court judgeth it meete Ans' to Cap*
to grant the petitioner a hearing of his case on the second day in October next
sessions, & order a suspention of the execution vntill this Courts determina-
tion of the case, all persons concerned being warned ag' that time.

In answer to the petition of Nicholas Ellen, of Dorchester, humbly jt°"^* j ^"e'i*"
craving this Courts favo'^ for releife, the former order pf Court, & ans'' to lens peticon as

to Mary Ponds

Mary Ponds peticon, (with whom he hath entred marriage,) notw'^standing, child.


for y^ bringing vp the youngest children, the Court judgeth it meete to referr
the ans' of this peticon to the selectmen of Dorchester, to act therein as they
shall see cause.

[*441.] *In ans' to the petition of Peter Bacon, of Hingham, humbly desiring

Alls' to Peter ^j^g favo'' of this Court to remitt him his fine imposed on him by the County

Bacons peti-
con. Court of Boston, the Court judgeth it meete to referr the petitioner for answer

to that County Court "vvhere he was fined.
Cap'Hutchin- Capt Edward Hutchinson, appearing before this Court, & being legally

10" g'^™^"'^ ' convicted of putting vote on the day of election cast contrary to lawe, thereby
openly contemning the authority of this Court, is fined tenn pounds, as the
lawe in this case provides.
Courts act ab' The Court, hauing pervsed the seuerall letters from the authority of

Road Island to the councill of this comonwealth, together w"" their answers &
conclusions, in refference to the differences now depending betweene the 'Cwo
collonjes, doe approove of the act of the councill lately made for the empt j wr-
ing of Majo'' Genell Dennison & M"^ Thomas Danforth therein exprest, &!also
doe allow & approoue of the comission & instructions already drawne \ p &
presented to this Court for issuing the same.

500 acres of According to the order of this honored Court, 25 October, 1663, there \is

A^fiii TUGS Git In.*

dians land laid ^^j"^ o^*- '^'■^^o the Indians who are the inhabitants of "Waymesick fine hruidrec.l
""*■ acres of land on the east side of Concord Eiuer, and joyning to the sajd riuer

& to Merremack Eiuer; it runnes vpon Concord Eiuer about one mile & three
quarters, which reacheth to Bacon Brooke, & bounded by the sajd brooke on
the south fower score poole ; it runnes from the- mouth of Concord Eyuer
doune Merremacke Riuer two hundred & fifty poole, where it is bounded by a
red oake, marked ; from thence it runnes according to the bound marke trees,
w* two angles, vnto Bacon Brooke ; all which doe more plainly appeare by
plott of it vnder written. This fiue hundred acres is part of that three thou-
sand w"'' was layd out to M''^ Winthrop formerly, only in the retur-ne of sajd
three thousand there is mention made of one hundred acres allowed in that
farme in refference to land the Indians had improoved w^in the bounds of it.
This worke was donne by the coinittee appointed to y'= same by this Generall





600 ac's grant- S"* A, 1664.

ed to heirs of
M" Winthrop

icr4C0, &c The Court aUowes of this returne, and doe judg meete to grant the


heires of M"^ Winthrop, in steed of the fower hundred accres aboue taken 16 64.
out of hir farme, sixe hundred acres of land in such place as they shall find "^

18 May.


Lajd out to M'^ ^lai-garet "Winthrop three thousand acres of land, more 3000 acres lajd

out to M'Win-

or lesse, in the bounds of the toune of Billirrikey, beginng at the mouth of throps heires.
Concord Riuer, and so running vp the sajd riuer sixe hundred & eighty pole,
bound there w'^ many white oakes, marked w"' W ; and because this grant was
to take the nearest land to the mouth of the riuer, therefore it is lajd out in a
true circle from riuer to riuer, all w"*^ is well and suiEcjently bounded by
marked trees as before, and is more fully demonstrated by a plott taken of the
same ; also, there is allowed one hundred acres in refference to what Indians
haue broken vp ; also, lajd to M" Winthrop, aforesajd, thirty accres of meadow,
according to hir grant, on the west side of Concord Riuer, taking the first
parcell of meadow on that side which was neerest the farme, and conteyned y'
quantity ; it lyeth vpon a smale riuer vpon w* Chelmsford will stand, which
runnes into Concord Riuer; it joyneth to the Ijne of Chelmsford toune, and
so runnes doune the riuer vntill wee come so farr as to make thirty acres ; it is
bounded by a white oake below, & so takes in all that meadow aboue, (which
was comonly called the Indians meadow,) and lying in the bounds of their
plantation. Layd out


Approoved by y° rest of y= comittee.


The Court allowes of this returne ; the fower hundred acres, besids the
first hundred, excepted, w"*^ is layd out of y^ farme to y^ Indians in y* returne
made by M"" Willard, John Parker, & Jonathan Danforth, & by this Court
confirmed to the Indians ; insteede whereof this Court doeth grant to the
heires of y' id M" M™ Margaret Winthrop sixe hundred acres where it is
to be found.

*In ans'^ to the petition of M' John EUjott in behalfe of the Indians of [*442.J
Putikookuppog, the Court judgeth it meete to grant this petition: viz', a ^'^'^^ ""'^'^'^

^ " to Putikooku-

plantation to the Indians, not exceeding fower thousond acres, and that it pog Indians
prejudice nott Ipswich grant, or any former grant, in the place desired, nere °"'^"

Quoboag, & for the ordering and setling thereof haue appointed & empowred
M' Samuell Smith, M' Elizur Holjoke, & M' Willjam Holton, who may, vpon




18 May.

Symon Tutles

Jn" Endecott,
Gou., E. Bel-
Hnghm, Dep*
Gou., Jn" Leu-
eret, Tho,
Sauag, Tho.
Clarke, James
OUiuer, James

Cap' of ye Cas-
tle his comis-

the place, determme the slttuatioii & Ijmltts of the sajd Indian plantation, &
so to state & order the same as maybe for the accoinodation both of English &
Indians, & that the sajd coinittee shall glue notice to all persons concerned to
attend at the time of their meeting, if they see cause, provided the sajd In-
dians engage nor sell it w^out leaue first obteynd from this Court.

In the case of Symon Tutle, the Court, hauing heard & considered the
case, doe finde his offence of a very heynous nature, as returnd from Ipswich
Court, yet considering his ingenuous acknowledgment in word & writing, &
considering that his sentence to be corporally punished by whipping at Ips-
wich on a lecture day, not exceeding twenty stripes, or otherwise pay as a
fine to the country the soine of tenn pounds, and also to find suretjes for his
good behauiour in the soiiie of one hundred pounds, vntill Ipswich Court
next in March, & then, if there appeare nothing ag' him, to be dischardged.

The comittee of militia of Boston by authority of the Generall Court of
Massachusetts collony, to Capt Richard Dauenport.

By virtue of an order of the Generall Court, dated October, 1663, im-
powring vs to to drawe vp & deliuer a comission to yow. These are therefore
to will & require you forthwith to take into your care & charge the Island
Castle, & battery therevpon, coinonly called Castle Island, w"^ all the great
artillery, armes, & amunition belonging therevnto, & see that they be in a
posture fitt for the service & defence of this jurisdiction & the authority
thereof : yow are also to take charge of the garrison there as capt thereof, and
that such ofiicers & souldjers as from tjme to time shall be sent vnto yow for
yo' asistance be dllligent in attending the dutjes of their places, comanding
them to obey yow as their captaine for the seruice aforesajd ; and in case any
shall attempt assault vpon yow, or the place coinitted to your trust, or, in pass-
ing by the Castle in ship, barcq^ue, or boate, shall refuse to be vnder comand,
according to y* duty of your place, and for the better strengthening therevnto,
yow are, vpon the approach of any vpon the coast or towards any the harbo'''
w"^in the bay, w"" shipping, to giue timely notice by the vsuall signe of flag
or flaggs, or such other signall as yow shall he appointed by your superio" ;
and in case there be approach of aboue three shipps together, yow are to give
timely alarum, as the lawe provideth. Yow are to observe & obey all such
orders and directions as from time to tjme yow shall receive from the Generall
Court, councill, majo'^ generall, or comittee of militia. Vntill the Court of
Election next, this coinission to be of force. Given vnder our hands at
Boston, in New England, w**" the seale of the collony affixed, this 9"^
March, 166^.


The Generall Court, assembled 37 May, 1664, did confirme & allow of
ttie aboue granted comission for the time to come, & ordered the entring of
the same, & deliuery of the originall to y° capt of y« Castle, & keeping y"
copie on file.

In ans' to the peticon of Henry Powning & Thomas Stocker, humbly de- Ans' to Henry
siring the favo' of the Court to grant them a farme nere Stony Riuer, on peticon.
Conecticot highway, &6, the Court sees no reason so to doe.

The question being piit, whither the majo" company, in drawing vp the Question mili-
regiment, ought not to lead the vanne, in ans"" whereto, the Court doeth order
for time to come, y* if any major shall at any time be chosen, w* hath no
coinand of any foote company w"'in that regement, then the sen company, ac-
cording to lawe, title Millitary, shall leade, & all other companyes shall take
place according to the seniority of theire tounes.

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 13 of 77)