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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word of mouth, from that service ; that they were tradesmen, & neuer had binn
souldjers before ; on all w'''', the Court judged it meete to order, that they, the
sajd Carver, Deniugs, & Nutter, shall & hereby are confined to the toune of
Boston, & that they depart not out of the toune Ijmitts w'*'out giving notice
to the majo'' gen", from time to tjme, where they goe, & w* whom they live if
they goe out of this toune, till this Court or the majo' genell be sattisfied
that the came orderly from the honoble Colonell Nichols & other his maj'^^
comissioners.

John Porter, Juii, supplicating this Court for a release from his impris- Order ab» Jn«
onment, the Court doe grant him his request, on condicon that he forthwith
depart this jurisdiction, & returne no more w*out leaue first obteyned from
the Generall Court or Court of Asistants, & stand bound in two hundred
pounds bond for the performance hereof, & in case of his returne, or not de-
parture iinediately, to be coinitted by any Court or magistrate to the house of
correction, & there to abide vntill he be dischardged by the Genii Court or
Court of Asistants.

"W" Salter, keeper of the prison, signifying his intent to leaue y' sajd Order to pro-
trust, this Court doeth order the County Court of Suffolke to prouide a suf-
ficjent keeper for the sajd prison, & to make agreement w"' him according to
their discretion.

Salem millitary company hauing made chojce according to lawe, & pre- Salem miUita-
senting M' "Walter Price for their captaine, Georg Gardiner for their leftennt, ^ °
& M' Zerobbabel Endicott for their ensigne, the Court allowes & approoves of
theire chojce.

In ans'' to the peticon of M'^ Thomas Cobbet, humbly desiring the favo' Ans'to M'

. „ Cobbctts peti-

of this Court to grant him a peece of meadow, beuig ab"^ twenty acres ot ^^^_
meadow, as an addition to his farme layd out nere Hauerill bounds, formerly

VOL. IV. PART II. 18



138



THE KECOKDS OF THE COLONY OF



1664.

• — » — -'

19 October.
Ans^ to "Woo-
borne peticon,
& 2000 ac's
granted.

300 acres
granted to Lef
Joshua Fisher.



[*461.J

Ans' to Sam.
Hunt.



Ans' to M'

Broughtons

motion.



1000 acres of
land to Charls
Tonne & Cam-
bridge.



150 acres land
to Jn° Parker.



markt v/^^ tlie letters T C, & lyeth neere his five hundred acres on the west
Ijne thereof, the Court grants his request.

In ans'^ to the peticon of the selectmen of "Wooborne, the Court judgeth
it meete to graunt them two thousand acres of land according as is exprest in
their petic6n, w"'' is on file.

This Court hauing imployed Leiut Joshua Fisher diners dayes in finding out
the vtmost extent of the south Ijne of our patent, & also in joyning w"= other
coinissioners in running the same, which being now performed & finished, it
is hereby ordered, in answer to his desires, that the sajd Leiut Fisher shall &
hereby hath granted him a certeine parcell of land ypon Meadfeild Ijne
towards the south, M"" Tyngs farme towards the north, Shefi'elds farmes
towards the west accute angle towards the east, which he is to take in full
sattisfaction for what he hath donne in refference to our patent, provided it be
not aboue three hundred acres, & be not formerly granted to any other ; & in
case the three hundred acres be not to be had in y* place, the Court grants
him full three hundred acres to be made in some other wast land.

*In ans' to the petition of Samuell Hunts, the Court, hauing pervsed his
peticon & considered his motion therein for easement from the sentence past
against him at Ipswich Court Court, doe not see cause to reuerse the sentence,
but admonish him, the sajd Samuell Hunt, to humble himself for his miscar-
riages against authority, & to be sencible of his great sinn therein coinitted
against the Lord ; & on his humble submission, this Court doeth referr him to
the Court at Ipswich to be abated of his sentence as in their discretion they
shall see meete.

M'^ Broughton, making his suite to this Court that he may be licensed to
appeare before the County Court, in Boston, for an oppertunity to haue the
bennefit of the lawe in favo'' to such debtor's as are not capable of paying their
credito''s according to judgment granted ag' them, itt is ordered, that he haue
his liberty accordingly, being secured by the keeper, & imediately returned
from the sajd Court to prison.

In ans' to the petition of Charles Toune & Cambridge, the Court judg-
eth it meete to renew theire grant of a thousand acres of land, granted them
the 18 8 III, 1659, notw^standing the former conditions are not fullfiUed, pro-
vided it be foreuer appropriated to a grammer schoole, according to the intent
of this Court in the first grant.

In ans' to the request of John Parker, for some allowance for his
chardges expended in laying out lands for Indians, the Court judgeth it meete
to grant him one hundred & fifty acres of land in any place not legally deter-
mined.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 139

The Court judgeth it meete to grant Capt Roger Clap fower poundsj to 1 6 G 4.
be payd him by the Treasurer, for his service in laying out the southern line ' "> '

. 19 October.

of our patent. 4« to Cap' clap

Itt is ordered, that the cause now depending betweene Capt Tho Clarke ^°'^ running y

south line.

& M'' Edward Tyng & the estate of the late M'" Henry Bishop, of Boston,
appointed to be heard this session, be referred to be issued vpon the 3* day
of the next sitting of the Generall Court in ordjnary course.

Lajd out, in obedjence vnto the grants of the honored Generall Court in 300 acres layd
anno 1659, & May, 1660, to M'' Samuel Symonds, of Ipswich, three hundred proovedof for
acres, described by a plott, on file, at Assibath Plajne, crossing the country road ^' ^^™' ^^'
from Concord to Lancaster, two hundred & sixty acres being the grant of the
Court, the other forty acres being for an allowance of the country roads
passing thro the sajd tract of land, begining at the south west end of a litle
cedar swampe, from a pine tree there, marked, runing a Ijne two hundred and
forty rods vpon a northwest point fower degrees westerly, there making a
right angle, runing a Ijne two hundred rods vpon a north east point fower de-
grees northerly, & from thence a Ijne vpon a south east point fower degrees
easterly two hundred & forty rods, & from thence a Ijne vpon a southeast
point fower degrees southerly two hundred rods, ending by the cedar swampe
where wee beganne ; the above sajd tract of land being bounded by the wilder-
nes land on eueiy side. Humbly desiring this honoured Court that this returne
may passe, & be recorded. Subscribed

THOMAS NOYES, Surveyo^

The Court approoves of this returne.

Capt Brjan Pendleton having binn legally chosen & approoved of to be A comission

„ -^ - - -, . . ordered for

capt of the military company of Portsmouth, but not yet having any comis- ^^p, pg^^ie-
sion, it is ordered by this Court, that the secretary, imediately after the end *°"-
of this session, draw vp a comission, & deliuer it to Majo' Generall Leueret,
& he to take care for the sending of it, that so the peace of the place maybe
preserved.

Whereas Ensigne Thomas Noyes, of Sudbury, was chosen to be a 250 acres of

. . . oil* land granted

leiftennt vnder Cap? Hugh Mason, for his majestjes service, & he having ex- ^o Tho.Noyca,
pended some tjme & money about that designe, there being a considerable See 570.
summe due to him vpon that accompt, the Court judgeth it meete to grant the
sajd Lef ? Tho Noyce two hundred & fifty acres of land for & in consideration



140 THE RECORDS OF THE COLONY OP

16 6 4. of the premisses, & in answer to a former peticon, he being willing to take it

'^ as full sattisfaction for what is justly due to him.

19 October.

r*J.ro 1 *ThIs clay Majo'' Generall Daniel Dennison & Thomas Danforth, Es^s,

M' G " "n presented to this Court theire returnes of what they did at their meeting at
nison & M' Eehoboth w"" Capt Jn° Greene & M"^ Joseph Torrey, by virtue of this Courts

Danforths _ _ .

returne. comission directed to them by the Genii Court of Election last, & is conteyned

in severall returnes of theirs to seuerall papers by them reed from the sajd
Capt John Greene & JSI'^ Joseph Torrey, w'^'' are on file. This Court approoves
of their returne, & returnes the sajd gent" the thanks of this Court for their
great paynes & good service therein.

Comissioners The retume of the coiiiissioners for the Vnited CoUonjes was read in

returne. y-^,

Court.
300 ac's of land In ans' to the peticon of Lef? Eichard Beeres, hauing binn one of the

Beeres ' ^^'^^ planters of this colony, & served this country in their warrs ag' the
Pecquotts twice, &<5, as is exprest in his petition, w* is on file, this Court
judgeth it meete to grant him three hundred acres of land where it is to be
had free of former grants, according to lawe.
600 ac's land In ans"^ to the peticon of Majo"' Eljazer Lusher, humbly desiring the

Mai' Lusher, favo"^ of this Court to graunt him some land as a testimony of theire accept-
ance of his service for time past, &d, as in his peticon, w'^'^ is on file, the
Court judgeth it meete to grant him five hundred acres of land, to be lajd out
in some such place as he or his assignes may finde out & make chojce of in
the countrjes lands.
Abraham Cor- The Court having considered the County Courts of Portsmouth returne,

fine^Si'&T ' relating to the crime of Abraham Corbets, for signing seuerall warrants in his
majestjes name in civil cases ag* seuerall inhabitants, to theire great disturb-
ance, not being approoved of by any County Court for that service, the Court,
on hearing what he could say for himself, judged it meete to order, that he be
admonisht, & fined him five pounds to y"^ country, & stands coinitted till he
performe this Courts sentence. Y° sajd Abraham Corbet appearing before
the Court, hauing sattisfied the Treasurer his fine, &c, his suretjes were
dischargd.
Charge of y» The accounts of the charges expended respecting the enterteinment of

diers' 186 ^"lO ': ^^^ maj'?^ coinissioners, and the service concerning the Monhatoes, & what
^- else concernes the same, due to Cap? Mason, his advance money being

receaved by him, & to Capt Hudson, his advance money by him receaved, &
extraordinary expenses, & to the comon souldier & the other officers exprest
in a bill, w* is on file, amounting to one hundred eighty six pounds tenn



THE MASSACHUSETTS BAY IN NEW ENGLAND. 141

shillings & sixepence, the w* the Court passed, & ordered the Treasurer to 166 4.
discharge. "^ v '

Also, another bill was passed by the Court, & ordered for the Treasm-er j,^ ^J^" "^
to discharge, amounting to the soine of eighty two pounds fower shillings & entertei-', dis-
six pence, & is for y" dischardg of the pilots y' went for the Monhatoes w"' lotts, &c, 82"
his maj'y' comissioners, & the enterteynment of his maj'^^ comissioners, as "* ^'
appeares by the bill remayning on file.

For the preventing of irregularitjes &• abuse to the authority of this May, 1665.
country by the printing presse, it is ordered by this Court & the authority ^' °''^" ^^ ''^'®

•' inserted, y' was

thereof, that there shall be no printing presse allowed in any toune w'^'in this mad 27 May,
jurisdiction but in Cambridge, nor shall any person or persons presume to in'time,^&°no"
print any copie but by the allowance first had & obteyned vnder the hands ^''"^'^ '" ^'
of such as this Court shall from tjme to tjme impower ; the praesident of the Order about
coUedge, M' John Shearman, M"^ Jonathan Michell, & M"^ Thomas Shepheard, p™""S-

, . . . Comitty to

or any two of them, to survey such copie or coppies, and to prohibitt or allow ou»iooke y«
the same according to this order ; and in case of non observance of this order, ^'^'^^^^
to forfeit the presse to the country, & be disabled from vsing any such proffes-
siou w"'in this jurisdiction for the tjme to come; provided, this order shall not
extend to the obstruction of any coppie which this Court shall judge meete to
order to be published in print.

*The magis'^ & deputjes of the seuerall tounes of this jurisdiction, being [*463.]
by warrant & order of the councill, dated Aprill, 1665, accordingly mett
together on the 2* of May, 1665, at Boston, to consult the management of the
affaires of the day following, being election day. After they were mett, &
had spent some time to looke ouer certaine cirtifEcats from seuerall selectmen
of the seuerall tounes in relation to freedom, & reception of five papers from
Colonell Eich NichoUs, S"^ Eobert Carr, & M"' Samuell Mauericke, his majes-
tjes comissioners, the Court adjourned to the next morning at 7 of the clocke.



Jltt a Generall Court of Election, held at Boston, in JVew England, 16 65.

the 3' of May, 1665.



3 May.



RICH: BELLINGHAM, Esqp, was chosen GoQ, & tooke his oath in
Court.
Francis Willoughby, Es^, was chosen Dep' Goil, & took his oath 4*
May.




142 THE RECORDS OF THE COLONY OP

Symon Broadstreet, Es^, i & Comissioner

Sam Symonds,

Daniel Gookiiis,

Daniel Denisson, P' reser,

Symon "Willard,

Eich. Russell, & Tresurer,

Tho Danforth, & Coinisssio'",

Maj' W" Hauthorne, 2 reserv,

M' Lusher,

Majo' Generall John Leueret,

Cap? Jn° Pinchon,

Edw Eawson was chosen Secretary,



Esff>s, were chosen Assistants, & tooke
their oathes.



& was chosen Majo' Generall.



M' Edmond Batter, Cap? Walter Price, Salem.

Capt Francis Norton, Leiut Rich Sprauge, Charls Tonne.

Cap? Roger Clap, Lelf t Hopstill Foster, Dorchest.

Cap? Thomas Clarke, M"^ Anthony Stoddard, Boston.

M' W" Parks, Lef ? Griffith Crafts, Eoxbury.

Lef? Rich Beeres, M"' Sain Thatcher, Water Toune.

M' Edw Collins, M'' Edw Jackson, Cambridge.

M' Oliuer Purchiss, Lynne.

Cap? Jn" Apleton, My Moses Pengrey, Ipsuich.

M"' Thomas Dyer, Weimouth.

Cap? Joshua Hubbard, Hingham.

Cap? Timothy Wheeler, Concord.

Ensigne Dani Fisher, M' Peter Woodward, Dedham.

*M'^ Jeremiah Houchin, Salisbury.

M"^ Samuell Dalton, Hampton.

M'^ Maximilljan Jewett, Rowley.

Cap? Richard Bracket, Braintry.

Cap? Richard Walderne, Douer.

M"^ Willjam Stevens, Glocester.

M' Richard Cutts, Portsmouth.

Cap? Edward Johnson, Wooborne.

M"^ Henry Addams, Meadfeild.

Leiu? Dauid Wilton, M'' Willjam Holton, Northampton.

Lef? Samuel Smith, M"^ Peter Tilton, Hadley.

*Lef ? Tho Nojce, Sudbury.

Cap? Jn° Euered, Chelmsford.




THE MASSACHUSETTS BAY IN NEW ENGLAND.

M' Peter Ware, Yorke.

M-^ Francis Litlefeild, Wells.

Capt Thomas Clarke is chosen Speaker for y' session.

The Court, hauing ordered their transactions w*'' his majestjes honorable
comissioners, together w"" their narrative & improovement, to be recorded as
it -was presented to them by their coiiiittee, hauing duely g>vsed the same and
approoved thereof, that it might be intire w^out mixture of other acts of y°
Court, the lawes & Courts ans' to peticons at this Court, &6, is first recorded,
& then that by itself.

*There being a seeming contradiction betweene the lawes, tit Fornica- [*464.J

tion, page 33, & Punishment, page 67, this Court doeth declare, that the Titi. Fornica-
tion to be in
former, referring to a particular crime, a shameful! sin, much increasing force, &c.

among us, to the great dishonor of God & our profession of his holy name,
the punishment of that sin shall be as is prescribed in the sajd lawe, any thing
that may seeme to restrejne or Ijmit the same contejned in the other lawe, title
Punishment, notwithstanding ; and in case any person legally conuicted of
that or any other shamefull & vitious crime be a freeman, it shall be in the
liberty & power of the Court that hath the propper cognisance thereof, besides
any other poenalty or punishment, to add disfranchisment thereto.

The Court, Ynderstanding that seuerall gentlemen, merchants, straingers,
in the beginning of euery yeare, frequently coming into these parts, & bring-
ing great store of English & other goods of all sorts to great value, & vsually
making vp their mai-ketts to their great advantage before the sixth moneth,
when the rates or order for the collecting of them by lawe is issued out, (not
w*out a considerable disadvantage to the merchants & shopkeepers resident,
& inhabitants of this colony, who haue borne the heat of the day, & are faine
to be at all the charge for supporting of the gouernment,) and the sajd mer-
chants, straingers, taking the cheife of the benefit of the trade, & make
their escape without any payment to support the gouernment of this place,
vnder & by which they reape so great advantage to themselues, it is therefore
ordered, that it shall be henceforth lawfuU for the selectmen of each toune
where such strangers are or shallbe to assesse all such strangers according to
the cargoes they shall bring into this country ; or in case of thejr refusall to
give in a true account of their estate to the selectmen, then the sajd selectmen
shall & hereby is impowred to make their assessment on all such strangers orier to rate
in any moneth of the yeare in proportion to a single rate yearely, by will & ^'^''"e'^'-s.
doome, as the inhabitants of this country are vsed to be rated, & for non



144



THE RECORDS OF THE COLONY OF



1G65.

3 May.
Rules for offi-
cers to give
copies of rec-
cords.



22 June a day
of humillia-
tion.



payment by the constables to levy their sajd assessment, as in other cases, by
warrant from the sajd selectmen.

Resolved, vpon the qusestion, that the ■words ' rolls, reccords, or register
of any Court or office,' conteyned in the printed lawes, tit Records, &S, sec? 3,
page 69, are to be jnterpreted & vnderstood only of such acts of Court as con-
cerne particular persons in matters of justice, license, grant, or approbation, or
of such lawes as are of publick concernment.

This Court, having taken into their .serious consideration the distressed,
bleeding, dying condition of the Protestant Christian interest in the world, the
darknes of the howre of temptation, referring to ourselues those manifold
publick rebukes the Lord hath given ts in our concernments at home &
abroad, contending w* us diuers yeares, & now againe by the caterpillars &
the palmer worme, denying us the priviledg & mersy of being a people so
desired as in former dajes, & threatning vs, by diuerse judgments impending,
severely to to punish us euen w"' the remoovall of the candlesticke out of its
place, except we repent, & so to make vs a reproach by avenging the quarrell
of his couenant, his jealousie being provoked therevnto by the abounding of
iniquitje among us, the great indisposition & vnsubduednes of our spirits to take
vpon ourselues & submit vnto the yoke of Christ, wantones vnder the peace
& libertjes wee partake of, —

And considering likewise how great a measure of our prosperity hath its
dependanc, vnder God, vpon the benigne aspect of our soueraigne lord the
king towards vs & the rest of his good subjects in these ends of the earth, as
well as in other parts- of his dominions, not vumindfuU also of the alarum
from heaven given vs in the awfull appearances of the cofiiets, both this & the
last yeare, warning us to be watchful! & quickned vnto the discharge of the
seuerall dutjes incumbent on us respectiuely, as also in regard of the late de-
clared warr betwixt England & Holland, doe therefore see great reason to
stirr vp all the inhabitants of this colony to be instant in season & out of
season with the Lord, by prajer for his mercy towards his poore servants, to
pray alwajes w* all prajers & supplications in the spirit, & watching there-
vnto w"^all perseverance ; and in particcular doe coinend to the churches &
inhabitants the Uvo & twentieth day of the 4"^ & next to be kept as a day of
solemne fasting & prayer throughout this jurisdiction, wherein all may vn-
feignedly humble themselves in the sight of God, lifting vp holy hands with-
out wrath & doubting, & may turne from the evill of theire doings in the way
of a reall & thorough reformation, that so the Lords anger maybe turned
away from us, & wee may obtejne reconcilliation w"" him, & the continuance
of his gracious presence w"^ us & ours, that his worke may appeafe to his



THE MASSACHUSETTS BAY IN NEW ENGLAND. 145



3 May.



servants & his glory vnto theire children, together w"^ the favour of the kings 166 5.
majesty towards us, whence wee may be encouraged in this wildernes still to
offer vp the sacrifices of sweete savors unto the God of heaven, & pray for the
life of the king, that vnder him wee may liue a c[uiet & peaceable life, in all
godlines & honesty.

*In answer to the petition of seuerall of the inhabitants of Muddy Eiuer, [*465.]
the Court declares, that the lawes already made doe sufficjently provide for the Ans' to inhab-

... . . . itants of Mud-

punishing ot any disorderly practises amongst the Indians, & what else is dy River peti-
conteyned in their petition, if due execution be observed & donne. '^°^'

Eobert Higgins, the late executioner, being departed this life, Henry Henry Eay-
Eayner, of Boston, being presented to this Court to succeed the sajd Higgins, er'n'^iace'of '
on the sallery of fiueteene pounds p ann from the country, he expressing him- ^°^' Higgins.

24 3* 65

self willing to accept of that place, the Court allowes & approoves of him
therein, the County Court of Suffolke ordering him the annuall payment of
fine pounds thereof.

This Court doeth order & appoint Cap? Edward Johnson & M"^. W™ CoSittee about
Steevens to di-aw vp a map of this colony, w* they are to doe w"' the greatest
care & best exactness they can, & are impowred to call in & make vse of what
artists they shall judge needfuU, the charge whereof is to be defrajed by the
Country Treasurer.

Itt is ordered, that Cap? Gookin, M' Thomas Danforth, M' Edward Col- Comittee to
lins, M'^ W™ Parks, & Left Hopestill Foster be a comittee to consider of the courts ans' to
matters presented by his majestjes honorable coinissioners to this Courts con- i^js^aj'? letter
sideration, & to pervse such letters & orders as haue binn already made in
reiference to the answering of his majestjes letter of June, 1663, & to see how
farr it hath been answered, & to consider what is further necessary to be donne
in order therevnto, & to present the same to the vejw of this Court to consider
of & act further therein.

M"" W™ Staughton, on his cirtifficat of being a member of the church of M' Staughtons
Dorchester, &6, is accepted of & admitted to the freedome of this body. freedome.

In ans"' to the peticon of W"" Bartholmew, Humphry Hodges, Antipas Coiiiissioners

j-r> for discoiJy of

Boyes, Abraham Broune, John Wise wall, Jn" Joyliii, Edmond -Uounes, g^m. Mauer-
Samuell Sherman, Anthony Checkly, John Winslow, Hezekiah Vsher, Jun, j.°^; ''^g'' ''^'
& Rich Price, humbly desiring that meete persons may be impowred to ex-
amin all persons concerned in y"' estate of the late Samuell Mauerick, Jun, on
theire oathes, for the full discouery thereof, that the estate be not concealed or
conveyed away, but the creditors justly sattisfied, &6, the Court judgeth it
meet to grant this peticon, & doe appoint Capt Thomas Sauage & Capt Wil-
Ijam Dauis to be comissioners to examine persons as is therein exprest.

VOL. IV. PAKT II. 19



146 THE KECOEDS OF THE COLONY OP

1 G6 5. M'' Symon Broadstreet, Cap? Dam Gookin, M' Thomas Danforth, Capt

' ^ ' Edward Johnson, M'^ Edward Jackson, Cap? Richard "Waldern, & Lefi Hop-

3 May. . .

Comittee to ^ Foster are appointed & impowred as a comittee to consider of all the

consider of all papers deliuered into this Court by Colonell Eichard Nicholls & the rest of

papers deliu. _

inbyCoi.Nicli- his majestjes coinissioners, & to present a full & meet answer vnto the whole

of y« comis- ^^ ^^^^^ whole Court for their approbation, that so there may be as litle ex-



sioners.



pence of time as may be.



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 17 of 77)