Nathaniel Bradstreet Shurtleff.

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

. (page 14 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 14 of 77)
Font size
QR-code for this ebook

*Ia obedience to the grant of the honoured Generall Court, held at [*443.]
Boston, May G''', 1657, lajd out & exactly measured vnto John Hajnes, Josiah 3000 acs land

lajd out & con-

Hajnes, of Sudbury, & NathanieU Treadaway, of Water Toune, being by firmd to Jn»,

virtue of their purchase, the assignes of the execcuto'"s of M"^ Increase p;°S^ti, t"!-'

Nowell, sometime of Charls Toune, deseased, as also by the order, advise, & ^'^'^y-

asignement of the aforesajd execcuto''s, & by the appointment, order, & advice

of M'' Thomas Danforth, of Cambridge, the three thousand & two hundred

acres of land granted vnto the abouesajd execcuto's of the sajd Increase

Nowell, deceased ; the sajd land layd out in the west side of Marlborough

bounds, beginning at the south end of a raskey pine plajne, and from thence

runing a Ijne vpon a south & by east point nearest hand two hundred poles, &

from thence neatest hand vpon a west & by south point two hundred poles,

and from thence nearest hand vpon a south & by east point one mile one hun-'

dred & sixteene poles, & from thence nearerst hand vpon a west & by south

point two miles two hundred & twenty rods ; ending the last Ijne neare the

southend of a pond, called by the Indians Quansigamug Pond, and from

thence a Ijne vpon a north point fine degrees easterly one mile & halfe mile

and fifty three poles, and from thence a Ijne vpon a north & by east point

nerest hand one hundred & fifty poles, and from thence a line vpon a north

east point one hundred & twenty poles, and from thence a Ijne vpon an east

point two degrees, southerly two hundred seventy eight rods, and from thence

a Ijne vpon an east & by north point neerest hand two hundred thirty & two

rods, and from thence vnto the place where wee began at the first two hundred




27 May.

rods ■w*''in ; all which Ijnes abouesajd is conteyned three thousand & eighty
acres of land. Also, layd out two islands at the southwest angle of the
demised tract of the abouesajd three thousand & eighty acres, the sajd islands
being at the southermost end of the abouesajd Quansigamug Pond, & are
found to be neare one hundred acres of land, & endeth at the going out of
Nipnapp Riuer out of the sajd pond. Also, layd out twenty acres of meadow
on the south side of the sajd demised tract, being in two parcells ; all which
sajd two islands, and the sajd two peices of meadow added vnto the aforesajd
three thousand & eighty acres of land, maketh vp the full complement of the
sajd three thousand & two hundred acres of land. Humbly intreating that
this honoured Court willbe pleased to passe this returne, and also that this
honnored Court will be pleased to state & confirme this land vnto ys vnder-
written, according to our purchase of the execcutors abouesajd, wee, praying
for yow, subscribe ourselves,

Yo'^ hono''s most devoted to loue & serve yow,


The Court, on pervsall of this returne, doe allow & pproue thereof.

Yorks associ-
ates power as
at first.

Vpon the qusestion, whither the associates for the county of Yorte haue
the same magistratticall power, for the time being, as was conferred vpon those
that were nominated in their first constitution & establishment by this Court,
w"" power to take acknowledgment of deeds, administer oathes in ciuill or
criminall causes, joyne persons in marriage, &(3, the Court resolved y^ question
on the affirmative.


*Lajd out to Majo'' Generall Leueret one thousand acres of land, more or

1000 acres of lesse, in the wildernesse on the north of Merremacke Riuer, beginng at the

land lajd out

to Major Gen. north east end of a litle pond, called by the Indians Assamuckcommesicke. It
runes from thence east & by north fine hundred forty & two pole vnto the top
of a bare hill, where it is bounded by a heape of rocks, a blacke oake standing
behind it, marked w* L ; from thence it runes half a point westerly of the
north three hundred & five pole vnto a litle white oake standing by a swampe
side, a great tree standing in each Ijne at a litle distance, marked with L ; the
other two Ijnes are parralells w"" the two former, & of the same length ; the
northwest angle is a piUar of stones ; the wildernesse land surrounds the whole


farme. The forme of this farme appeares & is more fully demonstrated by a 1664.
plott taken of y® same ^ ^ '

By JONATHAN DANFOETH, Surveyo'. ^'^^^^'

The Coui-t allowes & approoves of this returne.

The Court, having pervsed the returne of those gen'° appointed by the Retume of

treas^ of y° col

Generall Court in October last to take the accounts of the coUedg treasurer, i^^g acco", &
& to consider of the estate of the colledge in other respects, &d, doe thank- Courts accept,
fully accept their labors therein, and doe allow & grant their proposalls
contejned in the first & second section of their returne, w"^ is on file ; and
doe also order the treasurer to lay out the sixe hundred acres of land had of
M"^ Ward, & improove the same, or make sale thereof, as he shall judge best
for the colledge bennefit.

And the third & fowerth section of their returne to be further considered
of at the next sessions of this Court.

In ans' to the petition of Margery Colebron, widdow, humbly desiring Ans' to Mar-
this Courts favour to confirme her deede (made of certaine lands w* hir late petiEon, con-
husband sold to Henry Phillips, of Boston, butcher, & received full sattisfac- fc-^i^s i>i^ «>;l«

•' -^ to Henry Phil-

tion for) to sajd Henry Phillips, some objection being made against the lips-
bounds of the land mentioned in the deede, the Court sees not meete to con-
sent to y° confirming thereof; but so farr as the sajd deed intends the land that
of right appertejned to the granto"^, M' W™ Colebron, deceased, this Court
doeth allow of & confirme it, standing recorded in the booke of records for
deeds for Sufiblke.

In ans' to the petition of the Pecquet Indians that Hue at Paucatucke, Comittee to
under the gouerment of Hermon Garret, in pursuance of a grant of land to ^ unds.
the sajd Indians by this Court, bearing date the 7* of May, 1662, & an order
of the coinissioners for the Vnited Colonjes, dated 14''' September, 1663, nei-
ther of which hath beene yett fuUfiUed, which hath reflected much dishonor
to this Court & trouble to the sajd Indians, this Court doeth appoint Cap?
Daniel Gookin, Capt George Dennison, & M' Roger Plaisted, or any two of
them, forthwith to lay out vnto the sajd Indians, at a place called Causatick,
in the Pecquod country, & parts adjacent, such a convenient quantity of land
as maybe for the accoraodations of the sajd Indians, provided it be not lesse
then two thousand acres, & to setle & bound the same vnto them for them &
their heires for euer, w* land, nor any parte thereof, the sajd Indians shall not
sell or alljenate w"'out the speciall leaue of this Court or the comissioners.

After the Court had heard the differences betweene Topsfeild & Salem, 29 May.



16 64. in relation to the Ijne of sixe miles already runne, it is resolved, on the ques-
'^ ' tlon whither the agreement betweene Salem & Topsfeild, dated 25* of March,

29 May. .

Courts resolve 1659, brought into this Court, be binding or not, the Court resolved this
on Topsfeild & qujggt in the affirmatiue, & ordered, that the charge of running the Ijne be

ajqually borne by both tounes concerned, as is exprest in the last order of

Court, May, 1662. Y" agreem* foUowes : —

[*445.j *The gS'i' March, 1659.

Salem & Tops- Wee, whose names are vnderwritten, being chosen & impowred by the

jQgjj(._° inhabitants of Salem & Topsfeild to runne the sixe miles extent, & also the

divitionall Ijne betweene the two tounes, haue thus agreed and determined,
namely : that wee haue runne the sixe miles extent vpon the northwest & by
north, w* ends in the edge of a swampe of Jn° Putmans, called the Great
Ashing Swamp, next vnto a hill comonly called by the name of Walnuttree-
hill, nere vnto Perrjes wigwam, & from thence haue thus farr agreed vpon the
divitionall Ijne which runns southwest westerly to the riuer side, comonly
called by the name of Ipswich Riuer, where wee marked trees by a rocke
towards the east, & a necke of land, comonly called Cromwells Neck, west-
wardly of the sajd trees marked, & from thence southwest one mile & a quar-
ter, & so on according to the rule that M"^ Joseph Gardiner runne the afore-
sajd diuissionall Ijne, & from the sixe miles extent towards the north east
quarterly, as it is bounded & marked, one mile & a quarter, ending at a
swampe by a hill called Smiths Hill, and from thence towards the east north
east, ending vpon a hill nere Wenham Causey, & so towards the east & by
north one hundred rodds, ending at "Wenham meadow side.




Southerly line Whereas the Generall Courts of the colonys of Massachusetts & New-

outr& Ma"l- Pli'^o^tlij ill ^ew England, did (in order to the setlement of the bound Ijne
chnsetts setled betwixt the sajd colonjes, that is, so much thereof as is hitherto vndetermined)

& recorded.

See pa. 704. order, depute, & impower vs, whose names are herevnto subscribed for the
effecting thereof, as by that act of theires recorded in the reccords of the
respective Court in each colony may more fully appeare, wee, the persons so


29 May.

intrusted and impowred, in pursuance of the service aforesajd, being all 166 4.
assembled at Dedliam the 9"' of the 3* moneth, comonly called May, anno
1664, did the day next ensuing trauaile together into the woods for the dis-
couery of the southermost part of Charls Riuer, which hauing found out,
partly by our oune vejw, & partly by y« sattisfying report of them g>sent with
vs, (that had labored therein,) wee all mutually agreed vpon the first station.
Hauing measured three miles southerly of the southermost part of the sajd riuer,
wee marked a tree, and from thence a west line to Neetmock Riuer, which,
by estimation, wee judged to be about fine miles, in w"'' Ijne wee went on the
north side of a great pond, ouer a smale parcell of coui-se meadow, & on the
southerly of which pond is an Indjan plantation by them called Seenecheconet,
& at the sajd Neetmock Riuer wee marked a black oake tree on fower sides,
viz*, w*"" a ML on the north side & a (P) on the south side, and seuerall let-
ters vnder each of them, & on the east wee sett in figm-es the date of the
present yeai-e. This tree so marked standeth on the side of an hill, ouer
against w* Ijeth, on the west side of the riuer, the north end of a parcell of
course meadow ; & hauing marked diuers trees in this Ijne, from thence wee
came backe about three miles & a halfe past the tree first mentioned to that
station, w"*" is the east of this west Ijne, where wee markt a white oake, in a
plajne full of trees, in the same manner wee had markt the tree by the riuer
aforesajd, at w'='' place wee made an angle, & begann an east northeast Ijne to
come to Accord Pond, in ffoUowing of w"* we were cast more then halfe a
mile to the southward of the midle of the sajd pond, (the bounds formerly
setled,) for the rectifying whereof, wee hauing found the midle of the sajd
pond, wee marked there a black oake tree, as the trees formerly mentioned,
w"* letters and the date of the yeare, & so returned west southwest, southerly
by marked trees, in that Ijne vp to a ffoote path that goeth from Weimouth to
Bridgwater, on each side of w* path, in the Ijne, wee erected a heape of
stones, & so thence to a maple tree by a swamp side that brancheth to the
north, & at a cart way that goeth from Braintree to Bridgwater ; *wee ended [* 446.1
that Ijne at a heape of stones on the west side of the path, and a great marked
stake on the east ; fiynally, wee agreed that the Ijne stretched from Accord
Pond vpon such a course, and so marked, and so, as abouesajd, to the white
oake angle tree before mentioned ; and from that oake westerly to Neetmocke
Ryuer, as is before described, is & shall be accomted and reputed the true and
setled bound Ijne betwixt the colonjes of the Massachusets and New Pljmouth,
and that the Ijne by vs first draune and marked from the sajd angle tree to
Accord Pond shall not be vnderstood to be the Ijne of diuission, it being
wholly w"'in Pljmouth lands. The length of the whole Ijne is by estimation.


29 May.

1664. as wee judged, about forty ||40|| miles, according to tlie Ijne befoie expressed ;
~^ ^ vnto all Vf"^ wee, the parties respectively entrusted and empowred, doe each &
euery of us, mutually agree, concurr, and doe hereby declare it to be our full
conclusion & fynall determination concerning the premises. In witnes where-
of wee haue heerevnto set our hands & seales, y^ 17 of S A, 1664.

ROBEET STUDSON, & a scale,
JOS: WINSLOW, & a seale,
JOSHUA FISHEE, & a seale,
EOG'' CLAP, & a seale,
ELEA: LUSHEE, & a seale.

This was read in full Court, May 29, 1664, as attests


This is recorded, word for word agreeing w"" the originall, in the reccords

of y Court. Attests

EDW: EAWSON, Secre?.

3 August. jltt a Generall Court, called by the Gou" 8f Councill, Sf held at

Boston, S^ August, 1664.

Present, EI Bellingham, Es^i, Dep' GoQ,
Symon Broadstreet,
Sam Symonds,
Francis Willoughby,
Daniel Gookin,
Daniell Dennison,
Symon Willard,
Eich Eussell,
Tho Danforth,
"W™ Hauthorne,
Eliazer Lusher,

Here followes -f names of the deputjes returned, y' served at this
Court : —

Cap? Tho Lathrop, M' Edmond Batter, Salem



Capt Franc Norton, Left Ri Sprauge, Charls T.

Capt Roger Clap, Lef ? Hopestill Poster, Dorch.

Maj-^ Geii Jn" Leueret, Cap? Tho Clarke, Boston.

M' "W" Parks, Left Griffin Crafts, Eoxbury.

Capt Hugh Mason, Lef ? Rich Beers, "Water Tou.

Ensigne Jn" Fuller, Lynn.

M' Edw Collins, Lef ? Edw Winship, Camfe.

Capt Jn" Apleton, M'' Georg Gittings, Ipsw*''.

Lef l Jn° Holbrooke, Weimouth.

S^ Jn° Levitt, Hingham.

Capt Timothy Wheeler, Concord.

Ensign Daniel Fisher, Ded.

M' Jef Houchin, SaUs^.

M' Samuell Dalton, Hampt.

M'' Sam Basse, Braint.

Capt Edw Johnson, Wooborn.

Capt Jn" Pinchon, Springfeild.

M' Ralph "Wheelock, Mead*:

M' Maximii Jewet, John Todd, Rowley.

Ensigne Tho Noyes, Sudbuf.

M"^ Georg Broune, Hav''.

Left Jn" Phillips, Saco.

Ensi Tho Houlet, Tops.

Left W° French, BiUirr.

M' W^ Holton, Lef? W" Clark, JSTorthamp?.

M' Sam Smith, M-^ Jn" White, Hadly.

Ensi Jn" Euered, Chelms'.

ATT this Court his majestjes gracious letter, brought by the honorable
Coli Rich Nichols & Coi George Cartwright, & by them presented to
the honored GoSno' & councill, was read & took into due consideration. It
beares date the „ of Aprill, 1664, & together w"" one of his majestjes instruc-
tions to the honno*'^ CoUonell Rich Nicholls & Coli George Cartwright, w***
other of his hoiible coinissioner, w"^ their desire of some souldjers to be
raysed in this jurisdiction for his maj'^s service, in the present designe for the
reducing of the Dutch at the Monhatoes to his majesties obedience, &6.

In ans'^ to that part of his maj'jes letter of June 28"", 1663, concerning
admission of freemen, this Court doeth declares, that the lawe prohibbiting all
persons except members of churches, & that also for allowance of them in any

3 August


1664. County Courts, are hereby repealed ; and doe heereby also order & enact, that
from henceforth all Englishmen presenting a cirtifficat, vnder the hands of the
ministers or minister of the place where they dwell, that they are orthodox in re-
ligion, & not vitious in theire Hues, & also a certifficat, vnder the hands of the
selectmen of the place, or of the major part of them, that they are freeholders,
& are for their oune propper estate (w*''out heads of psons) rateable to the
country in a single country rate, after the vsuall manner of valluation, in the
place where they line, to the full value of tenne shillings, or that they are in
full comunion w* some church amongst vs, it shallbe in the liberty of all &
euery such person or persons, being twenty fower yeares of age, householders
and setled inhabitants in this jurisdicoon, from tjme to tjme, to present them-
selves & their desires to this Court for their admittance to the freedome of
this comonwealth, and shallbe allowed the priiiledge to haue such their de-
sire propounded & put to vote in the Generall Court for acceptance to the
freedome of the body poUiticke by the suiferage of the majo' pte, according to
the rules of our pattent.

Itt is ordered, that an humble & affectionate petition should be, in con-
venient time, presented to his maj'je for his favour in the continuance of our
pattent priuledges, his majestys gracious expressions in his last, as well as in
former letters, giving vs much encouragement therevnto.

This Court doeth expresse & declare, that it is their resolution, God
asisting, to beare faith & true alleagiance to his majestje, to adhere to their
pattent, (the dutjes & priuledges thereof,) so dearely obteyned & so long en-
joyed by vndoubted right in the sight of God & men.
[*447.] *This Court, being sencible of the Lords frounes vpon vs in talcing away

Day of humil- tj^e fruites of the earth in so great a measure as appeares in the present har-


vest, accompanied w"* many tokens of his displeasure in sundry other respects,
justly occasioning such as are serious to haue many sad thoughts of heart, least
that his anger should be further kindled against his people in this place, & by
our sinns be provoked to w^'drawe his shepheardly care from ouer his churches
& people, the losse whereof will be the greatest of all miserjes that can befall vs,
also considering that it is an hower of sad trjall to the people of God in other
places, doe therefore comend to all the people of this jurisdiction the first of
the next moneth to be kept a solemne day of humilliation, & spent in fast-
ing & prajer, for the humbling of ourselves before the Lord, for all & whateuer
his pure eyes doe see amisse amongst vs, & leaving his free pardon thereof
in the blood & merrits of the Lord Jesus Christ, that his favorable presenc
may yet be w*'' vs, & his speciall blessing accompanying his oune ordinances
& prouidences, so as that they may be effectuall for cleansing vs from all that


is provoaking to his jealous eyes, & that in such diiEcultjes vnder W^ the 166 4.
country hath or doe labor, hee may please to glue his people one heart & one '"" "> '
way, for his oune honno' & the good of vs, & ours after vs, and himselfe may "^"^ '

still delight in vs to estabHsh his couenant w"' vs, to be our God & the God
of ours after vs in their generation.

Whereas this Court hath passed an order for making a humble addresse Comittee ab«
& petition to his majesty for the contjnuance of our priuiledges granted by ^ ^
charter, it is ordered, that M' Francis "Willoughby, Majo"^ Generall Jn°
Leueret, & M' Jonathan Michell be a comittee to prepare & draue vp a
petition, filled w'^ such rational! arguments they can finde to the end aforesajd,
& present it to this Court for theire approbation.

The Court judgeth it meete, in the weighty affaires now before them in Courts desire
refference to his majesties letter, coinission, & propposltion made, to desire the ". ^ "^ '^ '
reuerend elders now in toune to afford this Court theire best advice forthwith

In pursuance of two orders of the Generall Court of the Massachusetts, 2000 acs lajd
bearing date May 7'S 1662, & May 18, 1664, as also an order of the comis- ™ttoH^™on

° J ' ' J ' ' Garret, &c.

sioners of the Vnited Colonjes, bearing date 14"' September, 1663, for the
granting & laying out lands for the Pecquet Indians that hue vnder Harmon
Garrett, aljas Cashawasset, wee, whose names are vnderwritten, being there-
vnto appointed, doe lay out vnto the sajd Harman Garret, & the Pecquoit
Indians aforesajd that now Hue on the east side of Paucatucke Riuer, two
thousand accres of land in the Pecquet country, at a place called Coosatuck,
running two miles square, including the hill of Cawsatuck, on the southerly
side thereof, being marked out & bounded w*'' markt trees, and a smale brooke
on the west side. Witnes our hands the 16 June, 1664.


The Court doe allow & approove hereof.

There having binn seuerall persons who haue binn lately implojed at the Treasure to
Castle & vpon other publick service, by order from the majo' generall, that ^y y^*^^ "g),"'
due sattisfaction may be made to all such, it is ordered, that the country signed, &5.
Treasurer dischardge & pay all such bills as shall be presented, being signed
by the majo' generall, provided y° Tresurer allow of the account.

The quEBstion being put, whither this Court will send any supply of men Asistance agt
to asist his majesties forces against the Dutch in the present designe, the Court
resolved it on the aflirmatiue.




3 August.
Order for 200


Comittee to
repajre to the

Officers of y"
horse to be of
comittee of

It is ordered, ttat there shallbe voluntary souldjers raysed in this juris-
diction for his majestjes service ag' the Dutch, not exceeding the nomber of
two hundred, to be ready to march by the 20''' of y^ instant ; the chardge at
present to be disbursed by the country Treasurer, but the full determination
thereof to be left till oppertunity may be had to conferr w"^ his majestjes
hono^'ble comissioners about the same.

*In ans'' to the petition of "W" Salter, keeper of Boston prison, M"^ Ed-
ward Tyng «& M"^ Anthony Stoddard are by this Court appointed & impowred
a coinittee for the repajring of the prison in Boston, who are to take care that
the same be effectually donne as soone as possibly it may be atteyned ; the
one halfe of the chardges there on expended to be dischardged by the Treas-
urer of the country, & the other by the Treasurer of the county of Suffolke.

Whereas in the lawe booke, title Millitary, sec? 11, the three cheife
millitary officers in each toune, except Boston, together w"" the magistrates or
deputjes thereof, are appointed a comittee of militja for such tounes, w^'out
mentioning the officers of horse, to be of the sajd comittee, this Court doeth
declare, that the comission officers of horse in the tounes where they dwell
shallbe added thereto, & hereby are appointed & impowred to be of the
comittee of militia for such tounes where they dwell, any lawe or custome to
the contrary notwithstanding.

for comittees
of militia in
Boston, Charls
Toune, Salem,
& Ipswich.

2 : 6 mo., 1664.
Cap' Hugh
Mason & Cap'
"W™ Hudson
coiiiand's in

The Generall Court of the Massachusetts Coli to y« Magis'^ & cheiff officers

of horse & foote in Boston, Charls Toune, Salem, & Ipswich.

Mutatis mutandis.

"Whereas yow are by lawe appointed the militia of Boston, yow are
hereby required to take into your care & chardge the souldjery, great artillery,
& fortifications w'Mn your toune, and precinct, & harbo"", & to see that the
peace be kept ; and in case any shall act vpon the shoare or water, in ship,
baroque, or boate, contrary to the peace & safety of the toune or country, yow
are them to represse by force of armes or otherwise, and to doe all things that
is requisite in your wisedome for the preservation of the peace of the country,
and to comand all to asist yow therein, who are hereby required to yeild their

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 14 of 77)