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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ordered, that the majo'' generall, w*^ the advice of the comittee of militia of
Boston, doe take speciall care that the batterjes at Boston be forthwith com-
pleated, & the great artillery sufficiently mounted vpon good & strong car-
riages, & prouided of all convenient vtensills for them ; and the majo'' gen-
erall, w"" the sajd comittees advice, is hereby impowred to impress such
artificers & laborers as are necessary, charging bills on the Tresurer for the
payment of one third part of their next country rate in Boston, being a single
country rate for the yeare ensuing, as satisfaction for what they haue, by virtue
of an order of the councill, bearing date 10"' September, 1664, & for the
finishing thereof they shall expend vpon the same ; & the order of the council!
is hereby confirmed, so as the worke be finished w*in the space of two months
next.

His majestjes comissioners presenting to this Court a paper of certeine
objections ag' seuerall lawes & expressions in our lawes, & seuerall proposalls,
w'^'' they comended to this Courts consideration, w'^'' are on file, the Court,
being ready to breake vp, hauing satt long, judged it meete to order & ap-
point the honored Gouerno' & Majo' Willard, w* M"^ Edward Collins, & M'
Edward Jackson, & Ensigne Daniel Fisher, a comittee to pervse those excep-
tions w'^'' his majestjes comissioners hath made against our lawes, & to con-
sider what is necessary to be donne in order therevnto, & present the same to
the Court.



Phineas Pratts

300ac'siayd Layd out to Phineas Pratt, of Charls Toune, three hundred acres of

out, y plot on ,

file. land (more or lesse) m the wilderness, on the east of Merremack Eiuer, neere



Y ■

1 June.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 155

the vpper end of Nacooke Brooke, on the south east of it : It begins at a great 1665.
sare pjue standing anent the midle of Nacooke Pond, & joyiieth to the Ijne of
fine hundred acres of land lately granted to the toune of Bilhrrikey on the south
of it ninety sixe pole, & so continues a streight Ijne two hundred & sixe pole
further Yuto a white oake bounded w«^ P; from thence it turnes vnder the side of
a great hill one hunderd fifty & two pole vnto another white oake marked with
P, which stands on the north side of an other great hill, & on the south corner
of a litle swampe ; from thence it runns neere the west & by south two hun-
dred pole to a great red oake, bounded as before ; from thence the closing Ijne
to the first pine is two hundi-ed & ninety pole : the exact forme of it, together
w"' the rule of finding the exact lines, is fully demonstrated by this inclosed
plott taken of the same, 20 8 A, 1664.

By JONATHAN DANFORTH, Survejo'.
The Court allows & approues of this returne.

Layd out to Captaine Eichard Dauenport, of the Castle, one parcell of Cap'Dauen-
meadow, in the wilderness, on the east of Merremak Eiuer, a Htle on the of mL^dowiI d
northwest of Nacook Brooke head, w'^'' is about two miles from Merremake ""*• ^ s^ °^

100 ac's vp-

Kiuer ; it conteines fifty acres, more or lesse, bounded by a swamp on the land,
north, the vpland elsewhere, according to bound trees marked w*"" D. This
patch of meadow is knoune by the name of Half Moone Meadow. The forme
of it is fully demonstrated by this plot, & layd out

By JONATHAN DANFOETH, Survejo'.

In ans"^ to the peticon of Cap? Eichard Dauenport, the Coixrt doeth grant
& allow of the returne of the meadow aboue expressed layd out to him, and doe
further grant him one hundred acres of vpland adjoyning to his sajd meadow.

*The coinittee appointed to consider of the exceptions & aditions of the [*472.]
lawes given into this Court by the honorable comissioners doe conceiue that ConUttees re-

. tume for an-

the proposalls therein conteyned cannot at present be issued, because that smg y coinis-
seuerall of them are of great concernment, & doe require more time then cann y^^g'^^^g ^'"''
be allowed this present session of Court, in respect the charter must be dili- M' Reeds rec-
gently perused ; the things presented doe concerne the gouernment, both ciuil ^^_
& eclesiasticall. This Court hauing imployed M'^ "W"' Eeed, of Boston, to-
gether w'^ some other gentlemen of the Court, to draw vp an exact mapp of
his majestjes colonje of the Massachusetts, which accordingly he hath effected,
in consideration whereof this Court doeth order the country Treasurer to pay to
the sajd M' Eeed the sume of ten pounds, in the best pay that is in his hands,



156



THE EECOEDS OF THE COLONY OF



1665.



1 June.



Cap* Clarke pi'
ag' M' Edw.
Ting & late
Hen. Bisliop
defenrl*.

Courts judgm^'
ag' Sarah Ro-
per.



Courts sen-
tence of Jn"
Euered aljas
Webb.



vpon the deliuery of one draught more then he hath already given into this
Court.

This Court, hauing duely considered of & pervsed the acts of the coinis-
sioners for the Vnited Colonjes, at Hartford on Conecticott, the first of Sep-
tember, 1664, doe hereby declare, they doe allow & approoue of that act of
the coinissioners 'vvhich declares the continuation of the articles of confcedera-
tion on those terms & in that manner as in that act is declared, refference
thereto being had amply appeares, so as Plimouth & Conecticott Generall
Courts shall & doe certify vs their acceptance & allowance thereof; and the
secretary is ordered, by the first oppertimity, to send a coppy of the concession
of this Court to the colonjes respectively.

Nathaniel Bishop, in behalf of his brothers estate, appeared, & engaged
to respond y" judgm* of y^ Court for two parts, & M' Edw Ting for one pt.
Y^ parties apearing, y« case went on.

In the case of Cap? Thomas Clarke, plaintiffe, M' Edward Ting & y' late
Henry Bishop, defend', the Court finds for y" defend'' costs of Court.

In the case of Sarah Roper, coinitted to prison on suspition of hir wick-
edly & felloniously burning the house of Majo' Gennefll Dennison, she
hauing been indicted at y^ Court of Asistants, & from thence coming to this
Court, after all the euidence produced in the case were read & heard, the
Court doe not find hir legally guilty of burning the house of y" sd Majo"^
Generall Dennison, for w* she hath beene indicted, but doe finde hir legally
guilty of seuerall thefts, for w'^'', according to the lawe in that case provided,
they doe adjudge the sajd Sarah Roper, by hirselfe or freinds, to pay vnto the
sajd Majo"^ Generall Dennison the sume of thirtje one pounds nineteene shil-
lings & three pence, abating what hath binn already pajd by hirself or acces-
sary, & be whipt w''' tenn stripes, tomorrow, after the lecture, vpon hir naked
body in Boston.

And whereas the sajd Sarah Roper hath also binn convicted of many no-
torious lyes, they doe also adjudge hir to be whipt againe at Ipswich, vpon hir
naked body, as before, w'*" tenn stripes, at the end of one moneth from the
time of hir first whipping, & stands comitted till the sentence be performed.

Cap? Jno Euered aljas Webb, being a deputy of the Court, & openly
convicted by his oune confession of a course & tract of wanton & shamefuU
dalljance w"' Elizabeth Frost, his wiues neece, euen to the comitting of the
act of vncleanes, had not some imediately come in to prevent it, especially at
the house of Jn° Vialls, on y" 8th of this instant, w* sinnes greatly increase ■
among vs, to the dishono' of God & provocation of his great displeasure,
the Court sentenct him to pay twenty pounds as a fine to y° country, & be



THE MASSACHUSETTS BAY IN NEW ENGLAND, 157

dlsctarged the Court & his coinlssions for civil & miUitary trust, & to stand 166 5.

disfranchised, & all during the pleasure of this Courte, & give bond w'^ ' .

sufficjent suretjes to the value of one hundred pounds for his good abearing '*'^'''5"'°"»'""
daring the pleasure of this Court, & stand comitted till the sentence be per-
formed. „ ^ ^ Jn° Euered aljas Webb in open Coui-t acknowledged them-
selves jointly & seuerally bound in one hundi-ed pounds to the Tresurer of the
country, on condition that Jn° Euered aljas Webb shall be of good behaviour
towards all men during this Courts pleasure.



Here follows the seuerall transactions passing betweene his majestys
honorable comissioners & the Generall Court & councill, accordinge to what
the Court ordered to be recorded.

*A breife nai-rative of the late negotiation betweene his majestjes colony of [*4T3 1
the Massachusets & the hono'ble Colonell Richard Nicolls, S"^ Robert
Carr, Kn*, George Cartwright, & Samuell Mauerick, Es^s, his majestjes
comissioners.

The Generall Court of the Massachusetts being assembled at Boston the information 01
18th of May, 1664, information was given them that they might suddainly cosSsionL
expect the arriuall of some of his majestjes ships, w* coinissioners, to vissit '^°™i°g-
his majestjes colonyes in these parts of America.

Vpon which intelligence the Coiut appointed two gentlemen, whose Cap' oiiuer &
habitations are in Boston, the cheife maritime toune of that colonv, on the ar- ^^.P'/'f ""^ ^'P'

J ^ pointed to pre-

riuall of the sajd coinissioners, to wayte on them, & present them w"" the ^i^it y Courts

. , . , , semo to them

Couits service & respects, together with such civilitjes as the people & place atthd:
were capable of.

July 23'*, 1664, Colonel Richard Niccolls & George Cartwright, Es^^s, coionei Rich.
about fiue or sixe of the clocke at night, being Saturday, iust before the f^'™"''^*^

'^ ° •' ' '' Georg Curt-

Saboath, arrived at Boston, & on their reception manifested their desires that wight, Esq.,

.... arriuall.

the council might without delay be assembled, which, by order from the Their desir f
Gouerno"^, was accordingly donne, and July 26, 1664, the councill assembled <=''""'='ii-
together, & courteously enterteyned his majestjes honorable comissioners, who called & as-
presented the Gouerno'' & council w"* his majestjes letter to them directed, ^'^'"''''^'i-
aated the 23'' April, 1664, & their comission vnder the broad seale of Eng- & y™ coimssio
land, bearing date the 25th of the sajd Aprill, 1664, with that part of his P'''=^™*'^*-
majestjes instruction referring to the reducing of the Dutch ;ii, the Mouhatoes,
true copies whereof are here incerted in the order as they were presented &
read before the councill.



cir eiltranc
in our hai-bor.



158 THE EECOKDS OF THE COLONY OF

1665. Charles R.
^' Y ' Trusty & wellbeloued, wee greete jovr well. Having taken very much to

ay session, j^g^^.^, ^-^^ welfare & aduancement. of these our plantations in America, & par-

xlis maj*J*

letter. ticcularly that of New England, which in trueth hath given a good example

of industrje & sobriety to all the rest, whereby God hath blessed it aboue the
rest, & having in our royall breast a tender impatience to make vse of Gods
extraordinary blessing vpon us & our subjects in those parts, by irnproouing
the knowledge of him & his holy name in the convertion of infidells & pa-
gans, which ought to be the cheife end of all Christian plantations, wee
haue thought fitt, since wee cannot in person vissit those our so distant do-
minions, the good gouernment whereof, & the due administration of justice
wherein, wee doe notwithstanding know to be as much our duty as that which
concernes our neerest kingdome, to send such comissioners thither as may in
our name vissit the same, & after hauing taken a vjew of the good gouernment
there, & receiued full jnformation of the true state & condition of that our
[*4T4.] plantation, & of their neighbours on all sides, & a due consideration of *of

His maj'j reso- what further addition of happiness may be made by our royall grace & favour

lution to send , . .

coinissioners to to those our people, may represent the same at their returne to us m such a
^f °' !^ . manner, as wee mav in a manner euen behold & take a veiw ourselfe of those

plantations m -^ **

New England, qut dominions & our good subjects there, & thereby make the better judgment
what wee are to doe, either for the better repaying of any thing that is amisse,
or the better jmprooving & encouragement of what is good j and as wee
haue had this resolution & purpose since our first happy arriuall in England
to send coinissioners, as is well knoune to the coiiiissioners that came from
thence to vs, so wee haue had many reasons occurr since to confirme us in
that resolution, & to hasten the execution thereof, some of which wee think
fit to mention to yow.
1. To discountenance, & as much as in us Ijeth, to suppresse & vtterly

o iscoun e- extinguish those vnreasonable jealousies & malitious calumnies w* wicked &

supresse vn- vnq[uiet spirits perpetually labor to infuse into the minds of men, that our "

reasonable , . -. , , , .

jealousies, &c. Subjects m those parts doe not submit to our gouernment, but looke vpon
themselues as independent vpon vs & our lawes, & that wee haue no confi-
dence in their affections & obedience to us, all which lewd aspersions must
vanish vpon this our extraordinary & fatherly care towards those our subjects,
manifesijd in the seuerall instructions given to ou.r coinissioners, w* shall by
them be comunicatod to yow, & which will exceedingly advanc the reputation
& security of our plantation there, & our good subjects thereof, w*all
forreigne princes & states, when they shall heereby plainly dlscerne that wee
doe looke vpon any injury done to them as done to ourselfe, & vpon. any



THE MASSACHUSETTS BAY IN NEW ENGLAND. 159

invasion of our dominions in those parts, or of the priuiledges of our subjects 166 5.
thereof, & that wee will resent & vindicate the same accordingly. '~' ' '

mi 11 11-1 1 1^1 ^^y session.

inat all our good subjects there may know, as wee haue formerly as- .,

sured you by our gratious letters, how farr wee are from the least intention To assure his
or thought of violating, or in the least degree infringing, the charter heretofore „" ws'^resolu-
granted by our royall ffather, of blessed memory, w* great wisdome & vpon *'°" "°' *°. '""
full deliberation, so wee haue great reason to beliue & to be assured that the ty of their

o • 1 Y» • 11/. charter, &:o.

support & maintenance thereof is at present as necessary as euer ; and therefore,
as wee haue formerly expressed to you, wee are very willing to confinne or re-
new the sajd charter, & to iiilarge the same w"" such other or further conces-
sions as vpon the experience you haue had, & the obseruation yow haue made,
you judge necessary or convenient for the good & benefit of that our plantation.

That ail difibrences may be composed which are arisen betwixt our i^'.

seuerall colonjes vpon the bounds & limits of their seuerall provinces, & vpon jifj-gj^nggg ^e-
the excercise of their seuerall jurisdictions, whereof *wee haue received much t™'"' T f °^

onjes, &c.

information & seuerall complaints, it being as much in our desier to preserue r*47«5 1
& improoue a good intelligence & correspondence betweene all our good sub-
jects of those our seuerall colonjes & prouinces, betweene & towards each
other, as to vnite them all in a joint dependance & firme loyalty to ourselfe,
which will be best donne by a full & cleere determination of the extent &
bounds of each province, & of their jurisdiction, in which some confusion hath
fallen out, as wee are informed, by some seeming contradictions or doubtfuU
expressions in seuerall letters patents, vpon the wrong information or vnskil-
fiill description of places by persons concerned there to prosecute such grants,
which mistakes & errors could not be discouered here ; all which will be
easily reconciled by our coinissioners vpon the place, either by & with the
consent of all partjes, or by a just determination vpon the matter of right or
representation to vs in cases of difficulty.

That wee may receive full & particular information of the state & 417.

,, -, . J. r That his majl

condition of the neighbour princes to our seuerall colonjes, Irom some ot j^^jght fully ra-
whorae wee haue received addresses of great respect & ciuilitje, not w'^-out ^^^[^^^"^'^f '^."j^.
some complaint, or at least insinuation, of some injustice or hard measure ex- dians, &c.
cercised towards them from our colonjes, to which princes wee haue appointed
some of our comissioners, if vpon information & aduice there they shall finde
it necessary for the advancement of our seruice & the benefit of our sajd plan- .j,^ ^^^j^;,. ^j^
tations, to repaire in person in our name, and to assure them of all freindship ^^^JJ^'-J=^°^^^^^'
from vs, & that wee will protect them from injustice & oppression. tions from the

That wee may protect our subjects of our seuerall plantations from the ^^^^'°";gj^.
invasion of their neighbours, & provide that no subjects of our neighbour hours, &c.




160 THE RECORDS OF THE COLONY OF

nations, how alljed soeuer w* vs, may possess themselues of any lands or riuers
Av"^in our territorjes & dominions, as wee are informed the Dutch haue lately
done, to the great prejudice of our good subjects of those our plantations, &
to the obstruction of the trade, which in time may prooue very mischeivous
to our good subjects there, and "therefore wee cannot but be confident, that,
when our coinissioners haue jmparted vnto you our pleasure in this particcu-
lar, & the benefit & advantage which, with Gods blessing, must acrew to yo'-
selues from the same, besides the. preventing many growing inconveniences to
your peace and prosperity, you will joyne & asist them vigorously in recouer-
ing our right in those parts now possessed by the Dutch, & reducing them to
an entire obedjence & submission to our gouernment ; in which case our desire
& pleasure is, that they should be treated as neighbours & fellow subjects,
& enjoy q^uietly what they are possessed of by their honest industry.
6iy. Lastly, wee thought it better that coinissioners should conferr -w"^ yow

To confer ab' ^ ^.j^g matter of our former letter of June 28'^ 1663, sent to yoa by your

his maj'y lette. ^

June 28, 1062, oune messengers, & your answer therevnto of the 25"^ of Nouember fol-
lowing, then to enlarge ourselfe vpon our exceptions therevnto, of which wee
shall only say that/the same did not answer our expectations, nor the profes-
sions made by your sajd messengers ;,' but wee make no doubt but that, when
the coinissioner shall conferr at large w* yow vpon those particulars, you
will give vs satisfaction in all that wee looke for at your hands, which is
nothing but what your charter obleigeth you to, and which is most necessary
[*476.] for the support of our gouernment *there, & consequently for the welfare &
happinesse of those colonjes. Having now imparted to you the most impor-
tant reason w"""^ prevajled w"' vs to be at this extraordinary charge in sending
coinissioners to vissit those our colonjes, & having chosen persons of knoune
affection to our service, & of long experience, to be our coiiiissioners to the
ends aforesajd, wee doe not doubt at all but that yow will receive & treat them
in such a manner, & w* such respect, as is due to persons so imployed by vs,
& that yow will freely corSunicate all things to them which shallbe irecessary for
the better carrying on our seruice, & that yow will giue them your best coun-
sell & assistance for the better bringing those things to passe wliich wee haue
recoinended to them ; & to that purpose, & that the cleare end & intention in
sending those our coiiiissioners may speedily appeare, and be made manifest to
all our subjects in those parts, our pleasure is, that this our letter be forthwith,
vpon the receipt thereof, coinunicated to our council there, & that w"'in
twenty dajes, or sooner, if it may be, a generall assembly be called, and this our
letter read to them, to the end our coinissioners nray receive their information
& advice in many things ; & so, expecting a full compljenc to all those our



May session.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 161

desiresj wherein the happines of that our colony is so much concerned, wee 16 6 5.
bid yow fiirewell. Given at our court at Whitehall, the 23* day of Aprill,
1664, in the sixteenth years of our reigne.

• C. E.

By his majesties comand,

HENEY BENNET.
Superscription was: —
To our trusty & wellbeloued the Goflno'' of our colony of the Massachusetts
in New England, to be coinunicated to our councill there.

His majesties coinission to the id gen'° ffolloweth.

Charles the Second, by the grace of God King of England, Scotland,
France, & Ireland, Defender of the Faith, &d. To all to whom these presents
shall come greeting. "Whereas wee haue received seuerall addresses from our
subjects of seuerall colonjes in New England, all fall of duty, & affection, &
expressions of loyalty & alleageanc to Vs, w"^ their humble desires that wee
would renew their seuerall charters, & receive them into our favorable opinion
& protection ; & seuerall of our colonjes there & other our loving subjects
haue likewise complajned of differences & disputes arisen vpon the limits &
bounds of their seuerall charters & jurisdictions, whereby vnneighbo''ly & vn-
brotherly contentions haue & may arise, to the damage & discredit of the
English jnterest, & that all our good subjects residing there, & being planters
w't'in the seuerall colonjes, doe not enjoy the libertjes & priuiledges granted to
them by iy our seuerall charters, vpon comfidence & assurance of which they
transported themselues & their estates into those parts. And wee, hauing
receaued some addi-esses from the great men & natiues of those countrjes, in
which they complaine of breach of faith, & acts of violence & injustice w'^^
they haue beene forced to vndergoe from our subjects, whereby not only our
*gouernment is traduced, but the reputation & credit of Christian religion [*477.]
brought into prejudice & reproach w"^ the Gentiles & inhabitants of those
countrjes who know not God, the reduction of whom to the true knowledge &
feare of God Is the most worthy & glorious end of all those plantations.
Vpon all which motiues, & as an euidence & manifestation of our fatherly
affection towards all our subjects in those seuerall colonjes of New England,
(that is to say, of the Massachusets, Couecticut, New Plimouth, Eoad Island,
& the Prouidence plantation,) and all other plantations w*^in that tract of land
knoune vnder the appellation of New England, and to the end wee may be
truely informed of the state & condition of our good subjects there, that so
wee may the better know how to contiibute to the further improouement of

VOL. IV. PART 11. 21



162



THE RECORDS OF THE COLONY OF



1665.

May session.
Copic of his
majesties oo-
iTiissio.



their happinesse & prosperity, know yee, therefore, that wee, reposing especial]
trust & confidence in the fidelity, wisdome, & circumspection of our trusty &
well beloued Colonel Eichard NicoUs, S'' Robert Car, Kn*, George Cart-
wright, Esquire, & Samiiell INIauerick, Es^, of our special! grace, certeine
knouledge, & meere motion, haue made, ordeyned, constituted, & appointed,
& by these presents doe make, ordeyne, constitute, & appoint the sajd Colonell
Richard NiccoUs, S"^ Robert Carr, George Cartwright, & Samuell Mauerick
our comissioners ; and doe hereby give & grant vnto them, or any three or two
of them, or of the survivo's of them, of whom wee will the sajd Colonel
Richard Niccolls during his life shallbe alwajes one, & vpon sequall diuisions
of opinions to haue the casting & decisiue voyce ; in our name to vissit all &
euery the seuerall colonjes aforesajd, & also full power & authoritje to heare,
& receive, & exainine, & determine all complaints & appeales in all causes &
matters, as well military as criminall & ciuil, & proceed in all things for the



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 19 of 77)