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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M' Duncans Lajd out & exactly measured by me vnderwritten, according vnto rules

out'"''^^ '^^ °^ ^^^' ^^ ^^^^ yeare 1663, the fiue hundred acres of land granted vnto M'
Nathaniel Duncan in the yeare 1660, at a place called by the Indians
Zuichouge, lying & being southerly of a place called Boggestow, lying & neere
adjoyning vnto the south end of a great cedar swampe, being boimded on aU
sides by the countrys land, begining on the westward side of a brooke issuing
out of the sajd cedar swampe, runing a Ijne vpon a south & by east point
nearest hand three hundred thirty eight rods, & from thence a Ijne on east
southeast point eighty rods, & from thence a Ijne vpon a south & by east point,
half a point easterly, one hundred & fifty rods, & from thence a Ijne vpon an
east point nearest hand one hundred & twenty rods, & from thence a Ijne vpon
a north & by west point nearest hand fiue hundred thirty two rods, and from
thence vpon a Ijne vpon a west point nearest hand one hundred sixty & fower
rods, ending where wee begann ; humbly intreating this honoured Court that
this returne maybe recorded.

This by THOMAS NOYES, Surveyo'.

The Court allowes & approoves of this returne.

Comittee to The Court, in ans'' to the paper sent in by his majestjes comissioners in

con err w' is j-efferencc to a comittee to conferr w"" them in relation to in relation to the

maj'i' comis-

Bion's. warrant of Jn° Porter, 8cd, haue appointed M"^ Symon Broadstreet, M' Thomas

Danforth, Majo'' Geii Leueret, Cap? Tho Clarke, Capt Edw Johnson, Capt

Joshua Hubbard, M"^ Edward Jackson, & Capt Rich Walderne as a comittee

to confer w"" the honor''^'' coinissioners as is desired.

Rich. Cutts M' Rich Cutts, on his rec[uest, hauing much vrgent buisnes on him, is

dismist the service of this Court.
PhiHp, Tho. M'^ Phihp Nelson, Tho Nelson, Jn" Trumble, & Benja Scott, on certif-

Trumbi'e, & ^'^^^ °^ being in full comunion w* Rowley church, are admitted to freedome,
Sttid^Tfr^'et ^ ^^^ County Court of that county is impowred to administer the freemans
dora. oath vnto them.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 147



3 May.

[*466.]

Jn" Parkers



*Lajd out to Serj* John Parker, of Billirrikey, one hundred & fifty acres 166 5
of land, more or lesse, lying in the wildernesse, on the west of Merremacke
Ryuer, & on the south side of Groaten toune bounds, the country road to
Groaten lying thorough the mjdle of it. It begins at a smale pine standing
about sixteene pole southward of the roade, and so runs west southwest in a ''a™^ of 150

• IT 1 T t n * 1 acres lajd out,

streight Ijne one hundred & sixty pole vnto a blacke oake marked w*'' R ; from
thence it runns no no west one hundred & sixty pole ; the other two Ijnes are
oequall in length & parralel to the former ; it is bounded neere vnto Groaten
Ijne on the north, & partly by Swan Pond on east, the wildernes elswhere sur-
roimding, all w* Ijnes are sufficiently bounded, & marked w*'' R.

Lajd out by JONATHAN DANFORTH, Survejo^

The Court allowes & approoues of this returne.

It is ordered, that the Treasurer of the country sattisfy & pay vnto Capf Cap'Clarksex-
Tho Clarke the some of fiue pounds seven shilKngs & two penc, and is for hatoes" Au-'^'
what he layd out & expended on his journey to the Monhatoes, being sent by P^*' ^*' ^" ^
the Court, & on their service.

This Court, considering the state of the county of Norfolke as being ex- Cap' Pike &
posed to great trouble & charge by reason of their remotenes from any magis- ^^^ ^^ ^^ ■ \
trate, it is ordered, that Cap? Robert Pike, of Salisbury, & M' Samuel Dalton, i^t^r oath to

bindc ouer to

of Hampton, or either of them, shall & heereby are empowred as comissioners County Court

to take the acknowledgments of deeds, to administer oathes in all ciuil cases, ^^^^^ ^g *

to put forth warrants, to search for stolen goods, to take notice & punish de- "^ Nor&ike.

fects in watching, to punish drunkenes, excessiue drincking, and such like

crimes of inferior nature, according to lawje, to bind ouer oiFendo™ to the

County Court, to solemnize marriage to persons duely published, & all this

during the Courts pleasure ; & that Majo' W™ Hauthorne, w"' the associates Maj' Hathom

to ICGCD V*

of that county, to keepe the County Courts there for this yeare ensuing. County Courts

On a motion made on y' behalf of the toune of Hingham, Capl Joshua >" y^"^-

. . . Cap' Hubbard

Hubbard is appointed to take oathes in all ciuiU cases, as any magistral to adm"

-1 oathes.

may doe.

The tonnes of Northampton & Hadley being neere twenty miles from M' Hen.
any magistrate or other power to give oathes in civil cases, on a motion made ^^^^^^ oaths in
in theire behalfe, its hereby ordered, that M' Henry Clarke, of Hadley, shall & Northampton

& Hadley.

is hereby empowred to administer oathes in all ciuil cases in the sajd tonnes.

On some complaints made to this Court about tanning of leather, not- q^^i ^^p^ ^g^
withstanding all former provission which hath been made, for redress whereof °- comittee ab'

" ■*■ tamng of

it is hereby ordered, that M' Anthony Stoddard, Capt Roger Clap, & W W"" leather.




THE RECORDS OF THE COLONY OF

Parke shall & heereby are empowred as a comittee to make diligent inquiry
concerning the grounds of such complaints, by examination of persons, or
otherwise, & to drawe vp what they judge necessary to be donne in refference
therevntOj & to present the same to the next sitting of this Court for con-
sideration.

Mauiden 1000 Att the request of the inhabitants of Maulden, as also in obedience vnto

the grant of the honored Generall Court of the Massachusets vnto the toune
of Maulden for the benefit of the ministry of Maulden, layd out & exactly
measured, according to rules of art, by me vnderwritten, one thousand
acres of vpland & meadow, about two miles distant southwesterly from the
southwest angle of Lancaster bounds, as also about a mile distant southwest-
erly from the lands formerly granted & layd out vnto Cap? Richard Dauen-
port, begining at the south end of a high, rockey, pine hill, at a litle red oake
marked w**" the letter M ; & from thence a Ijne vpon an east southeast point,
two hundred & twelue rods, vnto a pine marked M ; & from the pine marked
as aforesajd, a line vpon a south point, sixe hundred & forty rods ; & from
thence, a line vpon a west northwest point, three hundred & seventy rods ; &
from thence, on line vpon a north & by east point, sixe degrees easterly, six
hundred & twenty rods ; & these fower Ijnes, so runne, making vp the full
complement of the abouesajd one thousand acres, as is more plainly described
by a plot ; humbly entreating of this honored Court that they will be pleased
to confirme their grant, & that this returne may be recorded.

THO: NOYES, Surveyor
The Court appvooves of this returne.

Henry Phillips Henry Phillips is allowed ensigne to Capt Olliuers company.

ensigne. *There hauing been some alterations made by our last election in the

[*467.] _. . . _

_. . „ comission granted to certame gentmen at Springfeild, it Is ordered, that the

Comission & '-' " j. □ * j

comission' of County Courts there from henceforth shall be kept & attended by Capt John

Northampton t,- ^ ■ c i • o /• i •

& Hadiey. Puichon, One oi the magistrates, & tor this present yeare, till associates in that
county cann & shall be legally chosen as the lawe directs, by M' Henry
Clarke, Lef ? W"' Clarke, & M^ Elitzur Holioke, & Lef ? Samuell Smith, who
are hereby empowred to asist the sajd Capt Pinchon in keeping the County
Courts for Hampshire, or any three of them, Capt Pinchon being one, & that
the comissioners for smale causes in Northainpton & Hadiey continue in theire
comissions in other respects as formerly, there being a cessation of the comis-
sion of the coinissioners in Springfeild, by Cap? Pinchons being a magistrate^
to whose care & ouersight that tounes affaires doe propperly belong.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 149

The Court, hauing read the letters & other papers referring to the county 1 G 6 5.
of Yorke, doe judge it will be most seasonable to give further answer there- "" "> ^
unto when the patent Ijne comes to be considered of, & doe accept & ap- „
proove of what the council hath donne already. firming y

. J, -Tj. . ^ . . councills acts

In ans' to the petic6n of Vnice Cole, it is ordered, that she may haue as to y« east-
hir liberty vpon hir security to depart from & abide out of this jurisdiction, ^''Jg,''^^ y^^^'
according to the former fauo' of this Court. Coles pet.

John Tutle being chosen leiftennt, & W"" Haisy cornet, to the Three Jn» Tutie leP,
County Troope, the Court allowes & approoues of their ellection, & ordrs, cornet toT
that the secretary give them their comissions. County

. . ... Troope.

In ans"" to the peticbn of Alice Thomas, the Court, considering of this Ans' to Alice
peticSn, & finding that the peticoner is legally debarred for three yeares, & jo„ j^ „„ ueg.
that the breaking in vpon those lawes made for the restreint of abuses in such ^'"^®"
houses may bring much guilt vpon the country, doe not judge it meet to
grant hir hir request.

In the case betweene M' John Payne, plain?, ag' M' John Saffin, defFend', Courts judg-
the Court doe find for the plaintiffe costs of Courts, sixe pounds fiueteene & p^y^ ^ j^,

n Saffins case.

fine pence.

Whereas there are words charged on me by his majestjes honorable 18 May.
comissioners in this Court, either dii-ectly or by implication, which words I ^^■'g"^^^*^'^.!.
neuer spake, yet this I freely confesse, that I spake many words rashly, fool- edgment.
ishly, & vnadvisedly, of w"'' I am ashamed, & repent me of them, & desire all
that tooke offence to forgiue me, as his majestjes comissioners haue ffreely

done. 18 : SA, 65.

W" HAUTHORNE.

This acknowledgment was read in open Court, & acknowledged by Majo''
Hathorne.

There appearing no deputy this Court from the toune of Newbery, W" Newberys fine,
this Court cannot but take notice of & declare against, & therefore doe hereby
impose the fine of tenn pounds vpon the freemen of the sajd toune, to be
payd to the Treasurer of the country, for such their neglect.

In ans' to the petition of John Scarlett, humbly declaring his great losse, Ans- to Jn»

^ 1 • T. Scarlets peti-

occasioned by his being pilot to his majestjes comissioners shipps to the £„„.
Monhatoes, loosing the opportunity of his voyage to Virginea, to which he
was bound, &(3, & humbly craving the favo'^ of this Courte „ giue him some
reasonable recompence for his service as may ease the burden of his losse, &S,



150 THE RECORDS OP THE COLONY OF

166 5. the Court judgetli it meete to grant him one hundred & fifty acres of land

' where it is to be had.
Ans' to Tho. ^^ 3,ns' to the petition of Thomas Arnold, the Court judgeth it meete to

Arnolds peti- declare, that the petitioner, if he find cause & iudge it necessary, he may,

con. '■ .

by his petition to the County Court in Midlesex, obtejne his liberty of

reveJAV.

[*468.] *Itt is ordered, that this following title be prefixed to the declaration.

Title of decla- j_ g ^ declaration by the Generall Court of his maiestjes colony in the Mas-
ration, M' oua ' •' J J J

Purohis to sachusets Bay in New England.

Tho. Biig'h y -^^^ it is hereby ordered & desired, that the declaration shallbe published

trumpet, &c. ^^^ j^^ Qliuer Purchis, on horse backe, by sound of trumpet, & that Thomas

Y« declaration , i • o * • -i

itself is at larg -Bligh, the trumpeter, & Marshall Richard Wajte accompany hjm, & y' m the
on recor m ^^q^q }^q gay yr^^ an audible voice, ' God saue the king.'

tne narrative . •' ' J J o

pages. M"^ Samuel Symonds, Major Eliaz' Lusher, Cap? Edward Johnson, & M'

ans' Secre' Anthony Stoddard are chosen a cornittee to give answer to Secretary Morrise
Moms letter, j^^jg ig^tgr^ ^ tg consider what is furthery necessary to be donne in refierence
to what hath past betweene the honorable comissioners & this Court as it
relates to England.
A present for This Court, accounting it theire duty, according to their poore ability, to

acknowleg their humble thanks to his maj*^ for his many & continued gracious
ex^ssions of his tender care & fatherly respect to his colony, doe order,
that in the best coinodity that may be procured in this his colony, meete for
transportation & accomodation of his majestjes navy, to the value of five hun-
dred pounds, the whole charge forthwith prepared & sent by the first opportu-
nity, & the Dep*^ GoQnor, majo'' generall, Capt Tho Clarke, M'^ W™ Broune,
Capt George Corwine, M"^ Hezekiah Vsher, Cap? "W" Dauis, M'' Jn° Hull, &
Cap? Thomas Lake are hereby appointed a cornittee to procure the sajd
coinodity, & to take order for the transportation thereof, whose engagements
shall be discharged by the Tresurer out of the next country rate.
Cap'Pinchon Vpon the motion of Cap? Pinchon & Lef? Dauid Wilton, on their

& LeP Wiltons ^ • ^t /-, • i i ■ -,. . , , . „

dismission. vrgent occasions, the Court judgeth it meet to dismiss them the service of
this sessions, & grants them liberty to repaire to their homes.

Col. Crounes Layd out, in the yeare 1663, by me, vnderwritten, & exactly measured

arme aj ou . ^f,(,Q^^|j^g ^^ ^-^i^^ ^f g^j,(.^ ^^^ £^^g hundred acres of land granted vnto the

Hono'^' Colonell W"" Croune, in the yeare 1662, at a place neere the cold
spring, neerevnto the roade w"'' leadeth from Sudbury vnto Conecticot, on the
south side of a branch of Sudbury Eluer, being about nine miles from the
toune of Sudbury, at a place called by the Indians Magnaguncok HUl, begin-



THE MASSACHUSETTS BAY IN NEW ENGLAND. 151



25 May.



ing at tlie south side of the said hill, & from thence a Ijne vpon a north north- 166 5.
west poinct three hundred rods, butting on a branch of Sudbury Eiuer, & from
thence a Ijne vpon a south southeast point by the riuers side three hundred &
sixty rods, & from thence a circular line by the sajd riuer & by a brooke one
hundred & sixty rods, a line from the sajd brooke vpon a west northwest point
two hundred & forty rods, & from thence a Ijne vpon a south southwest point
one hundred & fifty rods, & from thence a Ijne vpon a west northwest point
one hundred thirty fower rods, ending where we begann, adding fower acres
of meadow vpon the sajd brooke, & three acres of meadow joyning to the
south Ijne of the sajd farme, & all w* sajd land & meadow so butting &
bounded, as is described by a plat vnder, make vp the full complement of the
aboue sajd fiue hundred acres. Signed

25 3*, 1665. By THOMAS NOYES, Surveyo'.

The Court aprooves of this retume.

M' Rich Russell, the secretary, Capt Tho Clarke, M' Houchin, & Lef? Comittee to

,,1.1 f , p'Tse the late

Foster are appointed a comittee to pervse the pubhcke papers of concernment q^^^^-,^ p^.
that are left by the late honored Goano', & to repajre to M'^^ Endecott for that P«'^=-
end, «& what they finde to bring to this Court, to be kept & jmprooved for
publick advantage.

M' Tho Danforth, the secretary, M' Anthony Stoddard, & Cap? Johnson Comittee to

, , . . . _ . p'vse y» Courts

are appointed a comittee to pervse all transactions w"' his majestjes comis- ^ conUssioners
sioners, & so to state them as may be best improoued by order of this Court feansactions.

to best advantage.

•The Court judgeth it meete, in remembrance of the good service of the [*469.]
late John Endecot, Esf, GoUno', & the condition of his relict, to order the J^J'^^f^*^^;
Treasurer of the country to discharge the charge of wine, cakes, toombe, & Endecott, rei-
pouder expended on the late'funerall of the late GoSno', & that M" Endecot, Go*°/iVor
his rehct, be pajd & satisfied out of the country treasury one hundred & sixty
pounds, by saiiall proportions, by the Tresurer, in fiue yeares the whole;
sixty pounds whereof was in consideration of hir expence of seventy pounds
in mouming cloaths for hirself, children, & family.

THs Court, taking into consideration the distracted condition of the
people of the county of Yorkshire, occasioned by some persons presuming to
clajme & excercise gouernment amongst them by a pretended power de-
riued from Ferdinando Gorges, Es^); and whereas some other persons, also
sworne to the goQment of the Massachusets, and by the same entrusted in
publicke employ, haue neglected their trust & former obligations, to the great



152 TIIE RECORDS OP THE COLONY OP

166 5. offence of this gou eminent, the General! Court of the Massachusets doe here-
" ' ^ by declare to all the good people, his majestjes subjects of the sajd county of

25 Alav

Order about Yorkshire, that they will still extend their gouernment ouer them as formerly^

the goQning of & that the County Courte at Yorke shall be held at the tjme appointed accord-
Yorkshire. . .
ing to lawe & the custome of that county ; & to that end doe hereby, in his

majestjes name, will & require all the inhabitants of that county to remajne in
their duty & obedjence to his majesty, in subjecting to the authority of this
Court, that the peace be duely preserved & kept amongst all his majestjes good
subjects there ; doe also, in his majestjes name, require all & singular civill
officers of what place so euer w^'in the sajd county duely & faithfully to excer-
cise & performe their respectiue dutjes w"'out neglect of what belongs to each
or any of their places ; and if M"^ Edward Rishworth, the recorder of the
sajd county, neglect or refuse his duty herein, this Court doth hereby depute
& empower M"^ Peter Weare, of Yorke, to officiat in all things that belongs
to the place of recorder of that county in due & legall preparation of all
cases referring to the sajd County Court at Yorke, & so to continue vntill this
Court shall take further order therein, according to law & the custome of that
county. And ffurther, this Court doth informe the people of that county, that
they intend to retume to his majesty an account of the reasons why they haue
not rendered the gouernment of that county to the present agent or agents or
comissioners of the sajd M' Gorge ,• & to that end, that his majesty may be
fully informed, haue delivered to his majestjes hono'ble coinissioners a map of
their north bounds or Ijne, w''*' demonstrates the ground of their gouernment
there, & that they Intend not to decline their care ouer them, not doubting
but what wee shall present to his maj'^ will giue him full satisfaction concern-
ing the justnes of our clajme thereto. And for the better carrying an end
of the gouernment abousd, M'' Ezekiel Knight, of Wells, shall & is hereby im-
powered to act as any one magistrate may doe during the pleasure of this
Court. And further, it is ordered, that the secretary drawe coppies of this
order, to be speedily conveyed to M'^ Peter Weare, aforesajd, who is reqmi-ed
forthwith to send to each toune in that county one copie, & cause the same to
be duely published.

And it is hereby further ordered, that on the publication of this order
aboue written, at a generall toune meeting warned for that end, in case the
said Edward Eishworth shall refuse to come there, or being there, shall not
ifaediately engage himself to officiate as recorder for that county, as formerly
he did before his late revolting from this gouernment, that then the sajd
Edward Eishworth, by warrant in his majestjes name, from the sajd Peter
Weare, estated recorder for the sajd county, be required to appeare before the



THE MASSACHUSETTS BAY IN NEW ENGLAND. 153

next County Court appointed to be held at Yorke, & there deliuer vp all the 166 5.
bookes of reccords, w"" all other reccords & euidences *in his hands to that ""^ "' '
county belonging into the hands of Peter Weare, recorder aforesajd, at his ruf^J^n-i
perrill ; & for that end the County Court at Yorke is hereby required & im-
powred by all effectuall wayes & meanes to cause the order of this Coui-t in
all such respects to be performed.

Whereas (through diuine Providence) there is at present hostility be- Order to pre-
tweene his majesty & the HoUanderj & some intelligence that a squadron of from'r Hol-
their ships is intended westward, this Court doeth therefore order & comend lender.
the same to all the sea port tounes, that their militjas doe respectiuely take
care for the securing of theire tounes, for the preventing any suddaine sur-
prizall by the violence of the enemy.

In ans'^ to the petioSn of Elizur Holioke, Nathaniel Ely, W™ Branch, County Court
&d, of Springfeild, the Court judgeth it meet to referr the determination of ijetennine the
the case mentioned in the peticon, respecting the Indians complaint as;* Sam d'fferenc be-
Marshfeild, about their lands by him possest, &d, to the County Court of that djans & Sam.
shier, to put such issue thereto in such a way as shall be most just & sequall,
being hereby impowred therevntQ.

In ans' to the petition of Alexander Laborne, the Court judgeth that the i June, 65.

Vide day

petitioner is to haue the benefit of the lawe, to be discharged out of prison, tooke.
according to his desire, & be deliuered to the creditor's, to be sold or serue, he
hauing taken his oath that he is not worth fiue pounds.

The publicke occasions of the country requking the secretarys necessary County Court
attendance, this Court judgeth it meete to adjourne the County Court ad- jg ,
journed vnto Tuesday next, shall be adjourned vnto the fiueteenth instant
June, at eight of y" clock in the morning.

On request of Capt Joshua Hubbard, for liberty to retajle strong waters. Cap-
this Court doeth hcense him thereto, provided that he suffer none to tiple in ^ence.
his house, nor sell any but to masters of familyes of honest report, or to
strangers for their supply in their journey; & this license to be annually
renewed according to lawe.

The Court judgeth it meet that the comittee for sending the letters & Order impow-

•^ . , ring the comit-

other writings for England take out the reasons conteyned in the larg writmg tee to take out
extant in Court, referring to the justiffication of the north line, so farr as they ^°^^\^^™g °
judg meet, they being hereby impowred to improoue & send the same w"^ patent.
tlie rest.

It is ordered, that the Gouerno', Deputy Gouerno', Cap? Daniel Gookin, Coinittee to

. improue tlie

M' Thomas Danforth, Majo' Genii Jn° Leueret, & the secretary be a comittee courts transao-
to pervse aU the letters & writings of publick concernment that hath past this '''"'^' '^°-

VOL. IV. PART II. 20



154



THE EECORDS OP THE COLONY OP



1665.



1 June.



Courts addi-
tional! recom-
penc to W^
Hudson.



[*471.]

Order to re-
pair the batte-
rjes, &c.



Coinittee to
pervse his
majt* comis-
sioners excep-
tions ag* our



Court in their transactions w"^ the hono^'able coinissloners, & what is of pub
lick concernnit to be sent to England, & to take order for the sending of them
to such persons as they, or the majo'' part of them, shall judg meet ; who are
also impowred, or the majo'' pt of them, to act in all things as they shall judg
meete, to send for England by the first & second ships copies prepared to
follow, that all may be improoued for this colonjes advantage.

In ans' to the petition of W™ Hudson for some addition relating to his
expences in raysing of souldjers to goe to the Monhatoes, the Court judgeth
it meet to grant the petitioner fine pounds besides what he hath already re-
ceiued, to be payd him by the Treasurer of the' country.

*This Court being informed that the warr declared betweene his maj'^ &
the Dutch is very like to come to a hott dispute, & that the Dutch is sajd to
send a squadron of their shipps westward, and forasmuch as the fortiffications
& great artillery in & about Boston are not in so good a capacity as is neces-
sary for the honor of his majesty, the country, & publick safety, it is therefore



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 18 of 77)