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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Doner & Portsmouth, shall be reputed & hereby allowed to be a touneship,
called Apledoore, & shall haue aequall power to regulate theire toune affaires
as other tounes of this jurisdiction haue.

In ans' to the request of Capt Bijan Pendleton, the Court judgeth it
meete to order, that the selectmen of Portsmouth & Doner doe forthwith, by
an assessment on the inhabitants, collect & gather the some of tenn pounds
eight shillings & fewer pence out of each toune, & deliuer the same to the
sajd Brjan Pendleton, as sattisfaction for so much by him expended on a
frozen person, some yeares past, y' came into that riuerj whose charity this



THE MASSACHUSETTS BAY IN NEW ENQLAND. 9

Court judgeth it meete to encourage, & orders his sattisfaction. as aboue is 1661.
exprest. ^" "f "^

In ans' to the petition of Edward French, of Salisbury, the Court judg- . '

eth it meete to declare, that the peticSner may seeke releife ag' Samuell Hall French peti-

con.

at the County Court either for better security or damages.

In ans"" to the motion & request of W™ Parkes, one of the execcutors of Courts ans' to
y" last will & testament of the late worthy Thomas Dudly, Es^, the Court motion
judgeth it meete to referr the case mentioned in his request, w'^'' is on file, to
the determination of the County Court of Suffolke.

In ans^ to the peticon of Walter Palmer & John Minor, this Court, on Courts ans' to
its coinittees pervsall of the originall arraunt of the Generall Court of Conec- ^ '°^^... '"

^ ° c> nors petition.

ticot, bearing date 11"' September, 1651, vnto the toune of Naomeage, now
called New London, together w"' the seuerall graunts of the sajd toune to
the petitioners, & the agreement betwene the coinissioners of the Vnited
Colonjes touching the diuission of the Pequot country to the colonjes of the
Massachusetts & Hartford, wherein all former graunts & possessions are
reserved to the grauntees vpon the whole, judg meete to order, that M' John
Tincker and Cap? George Dennison be appointed & desired to runne the Ijnes
in question according to the first graunt, & make certifficat thereof to this
Court the next session, to be recorded ; and if it doe appeare vpon the run-
ning of this Ijne by the sajd comittee that the land graunted to the petitioners
is included w"'in the first graunt, then the petitioners are quietly to enjoy the
same, & being confirmed to them by this Court, provided that the graunt to
the colledg take place in the next adjacent free lands.

Whereas John Warren was sumoned to this Court by Cap? Richard Wal- John "Wairens
deme, to answer for his falling of timber off of the Shrewsbery mens parts or
divissionsj & wajting here fowerteene dajs besides his coming & going home, &
none appearing ag' him, this Court judgeth it meete to referr it to y^ next
County Court at Hampton, to giue him due costs, on prooffe y' he was
sumoned by id Cap? Waldeme.

*Wee, whose names are subscribed, being appointed & impowred by the [*373.]
Generall Court in October, 1659, for the examination of the proceedings about
Groaten plantation, & the intanglements that haue obstructed the planting
thereof hitherto, hauing taken pajnes to travajle vnto the sajd place & examine
the records of former proceedings in that place, also the capacity of the id place
for the enterteining of a meete noumber of persons that may carry on the affaires
of a toune, doe ap^hend (according to w' information wee haue had) that the
place will affoord a comfortable accomodation for sixty familjes at least, that

VOL. IV. PART II. 2



10



THE EECORDS OF THE COLONY OP




Comittees re-
turuRd ab'
Groaten &
Ojmts order.



may subsist in a way of husbandry ; and for such familjes as be there already
planted, w* are not aboue fower or fiue acres, wee doe not finde that theire in-
terest in such lands as they clajme is legall & just, nor yet consistent w*'' the
Courts ends in theire graunt of the sajd plantation.

And for the further encouragement of such as haue now a desire, &6, doe
present themselves as willing to plant themselves in that place, —

Wee craue leaue humbly to leaue omr poore ap^hentions w"" this honored
Court, as foUoweth : —

1. That the old planters & theire assignes, whose names are John Tinck-
er. Rich Smith, "W" Martyn, RI Blood, Rob' Blood, & Jn° Laldn, that they
reteine & keepe as theire propriety, (of such lands as they now clajme an in-
terest in,) each of them, only twenty acres of meadow, twenty acres for the
house lott, tenn acres intervale land, & tenn acres of other vplands, & that
the same be sett out by a coinittee, so as may not vneq[ually prejudice such as
are or inay be theire neighbors.

2. That the neere lands & meadowes be so diuided as may accornodate at
least sixty familjes ; & for that end, that the first diuision of lands be made in
manner following, viz. : such as haue one hundred & fifty pounds estate shall
be allowed equall w"" old planters aboue, & that none exceed & y' none haue
lesse then tenn acres for theire house lott, & fiue acres of meadow, two & a
halfe acres of intervale, & two & a half of other lands, for planting lotts in
theire first divissiou, & that none be admitted to haue graunts of lotts there
but on conditions following, viz' : —

1. That they goe vp w"^ theire familjes w'Mn two yeeres after theire
graunts, on penalty of forfeiting theire graunts againe to the toune, & so
many tenn shillings as they had acres graunted them for theire house lotts, &
that the like injunction be putt vpon those aboue named as old planters.

2. That all toune charges, both civil & ecleasiasticall, be levyed according
to each mans graunt in this first divition of lands, for seuen yeares next en-
suing, excepting only such whose stocks of late shall exceed one hundred &
fifty pounds estates.

3. That the power of admission of inhabitants & regulating the affaires
of the sajd place be referred to a coiiiittee of meete persons impowred by this
Court thereto, vntill the plantation be in some good measure (at least) filled
w* inhabitants, & be enabled regularly & peaceably to carry on y« same them-
selves.

4. That this honoured Court be pleased to graunt them imunitjes, (all
coinon & ordinary country charges,) not exceeding a single rate or a rate & a
half p annu, for three yeares next ensuing.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 1]



22 May.



5. That in graunting of lotts, children haue theire clue consideration w"' 16 61.

estates, theire parents giving securitjes to defray y** charges of the place, as is

before praised.

TH° DANFORTH,
EDWARD JOHNSON,
EPHR: CHILD.

The Court approoves of & doe confirme the returne of the coinittee, &
doe hereby further order & impower the aforesajd comittee for the ends aboue
mentioned, vntill meete men be found amongst such as shall inhabitt there,
and be approoved of by a County Court.



•Tn



ans'' to the petition of seuerall inhabitants of Hampton, complayning f* 374.1
ag' Edward Colcord for scandalous living by cheating & cousening, vilefyng Courte order

o , . _ T . ^ ■ 1 /-> .11. ^l'' Colcord.

magistrates, &e, as m y^ sd peticon is exprest, the Court judgeth it meete to
referr the examination of the complaint to the County Court at Hampton, &
if by due proofe found to be true, they are impowred to punish him according
to his demeritts.

In ans'^ to the petition of M' George Cleaues, the Court judgeth it meete Ans'to M'
to order that Henry Jocelyn, Es^, Capt Brian Pendleton, & Cap? Richard ^^^^
Waldern be a comittee & impowred, repayring to Falmouth at such time as any
two of them shall appoint, then & there to examine the ground of the seuerall
complaints exhibited against M"^ Jordon, sumoning wittnesses, giving oathes, &
what else is necessary referring to the case, & what shall be concluded on by
any two of them to be reported by them to the next session of this Court
in October next.

W"" Ballantine being convicted before this Court for counterfetting the "W" Ballan-
seale of the packer, to the great dishonno"^ of God, reproach of the countiy,
& wrong to sundry persons, this Court doth sentence him to pay, as a fine to the
countiy, one hundred pounds, to stand in the pillory one hower, & one of
his eares nayled to the pillory & cutt of, & to sattisfy the partjes wronged treble
damages.

In ans"^ to the peticSn of Hanah Ballantine, the wife of W™ BaUantlne,
the Court judgeth it meete to grant hir request, & reuerseth y* part of y°
sentenc respecting y° cutting of of hir husbands eare.

On the motion of the inhabitants of the new plantation nere North- New toune
hampton, relating to sundry particculars, it is ordered by this Court, that fga^ called
the id toune shall be called Hadley, and that for the better gouerment of ^^''^^y- ^'^^'^^

power.

the people, & suppressing of sinns there, some meete persons, annually



12



THE RECORDS OF THE COLONY OP



1661.



22 May.



[*375.]

Hog Island
granted to
GoOn' Ende-
cott.



presented by the freemen vnto this, shall be coiuissioned & empowred to act in
seuerall services as foUoweth : first, the sajd cojnissioners, together w'^ the
coinissioners of Springfeild and Northampton, or the greater part of them,
shall haue liberty & be impowred to keepe y^ Courts appointed at Springfeild
& Northampton ; secondly, that the sd coinissioners for Hadley shall & are
hereby empowred, -vv^out a jury, to heare & determine all ciuil actions not
exceeding fiue pounds ; 3"'^, that the sajd coinissioners for Hadley shall & are
heereby empowred to deale in all criminall cases according to laue, where the
penalty shall not exceed tenn stripes for one offence ; provided, that it shall be
lawfull for any person sentenced by the sajd coniissioners, either in ciuil or
criminall cases, to appeale to the Court at Springfeild or Northampton ;
fourthly, that the persons for the yeare ensuing, & till others be nominated &
chosen, for the toune of Hadley, appointed & authorized as aforesajd, are,
Andrew Bacon, M"^ Samuell Smith, & M"' W™ Westwood ; 5% that the coinis-
sioners hereby appointed shall take theire oathes before Cap? Pinchon for the
faithfuU discharge of theire duty therein, who is hereby authorized to admin-
ister the same vnto them. It is also ordered by this Court, that the jurymen
freemen for trialls at Springfeild & Northampton Courts shall take information
& make presentm'' to y^ Court of misdemeanors, as grand jurymen vsually
doe, or ought to doe, and that the clarke of the Court for Springfeild &
Northampton send forth warrants to the three tounes for jurymen, w"^ respect
to the ease of travill to each Court, & y' M' John Russell, Sen, be clarke of
y° writts for Hadley, & y' M' Westwood, or, in his absence, one of the other
comissioners, are hereby authorized to joyne persons in marriage at Hadley.

*In ans' to the req^uest of our honored GoQno'', the Court judgeth it
meete to graunt him an island lying before Falmouth, calldfl Hog Island,
about a league of y'= sd toune, nere y'^ islands called Stage & House Hands,
so it be w*''in our lyne & not formerly graunted, & that it shall sattisfy for so
much as the island is in quantity vpon a just measure as part of the thousand
acres graunted vnto him 7* May, 1657.



Comittees re- Wee haue, according to order, treated w"^ the mint masters, M' Hull &

mhu,& Courts '^' Saunderson, & finde them vtterly vnuilling to pay any certaine proportion to
order therevp- the country of the allowance pajd them for coyning money, only they offered
tenn pounds as a free guift to the country, in case they will please to accept of
it ; but the comittee refused that proffer, alleadging that the vse of the mint &
house required, in justice, some certaine part of the income receaved by them,
w*, vpon examination, will be found to be sixty two pounds vpon euery thou-
sand pounds, out of w""^ the coinittee propounded they should allow one



THE MASSACHUSETTS BAY IN NEW ENGLAND. 13

twentieth part for the country; but they consented not. This is the present 1661.

state of that affaii-e ; leaving it to y« Court to take such further order therein ' "f '

as vnto them seemes meete. Dal 6"' June, 1661. 22 May.

DANIEL GOOKIN,
RICHARD RUSSELL,
ANTHONY STODDARD,
WILLJAM PARKE.

The Court judged it meete to order that this comittee should he reim-
powred to treate w"' the mint masters, & to receiue the ten pounds aboue
mentioned, & what else they cann get by way of recompence for the mint
house for the tjme past, & that it be deliuered to the Tresurer to be bestowed
in pouder.

In ans' to the petition of Cap? Thomas Clarke, Capt W" Dauis, & M' Ans' to Cap'
Antipas Boyes, — '^'"''' <^''p'

This Court doeth order, 1. That the sajd gentlemen aboue named be al- ^"J'^^ request

& admistra-

lowed & confirmed by this Court admistrato''s of y*' estate of the sd M' Valen- tion to M'
tine Hill, deceased. ^^Zft

2. That the wo^ Capt Wiggins & Cap? Pendleton be impowred comis- th™.& Courts
sioners for the receiving & improoving of that part of the estate that apper-

teines to the widdow as may be for hir best good, according to theire best dis-
cretion.

3. That M' Edw Tyng & M' Anthony Stoddard bee & are heereby im-
powred cofaissioners for the examining & determing all debts payable from the
sajd estate to such creditors as Hue neere ab' Boston, & that the wo'p*^ Cap?
Wiggins & M' Pendleton be impowred comissioners for examining & deter-
ming all debts payable from the sajd estate to such creditors as Hue neere
about Piscataq,.

4. That all creditors bring in theire accounts & cleere their clajmes, by
due proojffe, w"'in sixe moneths.

5. That all creditors be payd in aequall proportion as the estate will af-
foord, the widdowes thirds being first sett out.

6. That the administrato''s be & are hereby impowred to sell, or other-
wise to dispose of, all houses, lands, mills, & other estate as may best conduce
for the preservation of the estate & payment of debts, by an outcrye or other-
wise, as they finde best.

7. That a meete part of the estate be reserved for the creditors in Eng-
land, according to the intelligence y' comes to theire hands of debts due there



14 THE RECORDS OP THE COLONY OF

1661. to be payd, notice thereof coming w'^'in a yeare, & that in the meane time one
" ^1 ' fowerth part of y^ estate be reserved for that end.
. , ,7' In aiis' to the petioon of M"^ Jonathan "Wade, the Court judgeth it meete,

Ans. to M' ^ f i^

Waides peti. i^ refference to the seuerall disappointments he hath mett with ab' laying out
his fower hundred acres of land so long time graunted him for disbursement
of ffiffty pounds for y" good of y' colony, & that there may be an issue to all
questions ab' it, to graunt the sajd M' Wade fower hundred acres more as
an addition to his former fower hundred acres, & is in full sattisfaction of
what is due to him from the country, to be lajd out in any place y' is free
from former graunts.

Ans' to Sam. In ans"' to a petic6n from Sara Bemett, & on his motion, the Court

_^emet s pe i- j^^^jgg^j^ jj. j^ggte to abate the petioSner eight pounds of his fine, as is
desired.
[*376.] *In ans"' to the petition of M' Deane Winthrop, it is ordered, that the

Ans' to M' lands formerly graunted to M" Mai'garet Winthrop, deceased, mentioned in his

Deane Win-

throps pcticon. petition, be lajd out for the vse of such as haue due right therevnto, & y* Capt
Edward Johnson, Thomas Addams, of Chelmsford, & Jonathan Danforth,
surveyo'', lay it out according to that graunt, & to make returne to y" next ses-
sion of this Court.
Ans' to Cap' On the motion of Cap? Frauncis Norton, it is ordered, that the survejo'^s

tion ab' pou- deliuer vnto Capt Frauncis Norton what pouder shall appeare to be due to
^"- him, vnpajd, according to orders of Court, October, 50, May, 54, October, 58,

& for the ends therein exprest.
Lynn 3 mens Whereas the magistratticall power, formerly exercised by Majo"^ Hau-

^ °^ thorne, is now deriued to the three comissioners, or two of them, by meanes

whereof it will be very difficult for y" tounes adjacent to reape y'= benefit
thereof, it is therefore ordered by this Court, that any two of the coinissioners
for the toune of Lynn shall for the yeare ensuing, & till further order be
taken therein, haue power, & are authorized, to joyne persons together in mar-
riage, according to laue.
Ans' to Georg In ans'' to the peticon of George Smith, the Court, having pervsed the

^mi pe 1 original assignement of John Smith vnto y° peticoner, & reed information
from some of the Court of the peticoners right, & of a probability that some
lands were graunted the peticoner for y" same some yeares since, the records
whereof cannot now be found, judge meete to graunt y* peticoner two hun-
dred acres of land in leiw of the twenty five pounds adventure disbursed by y'
id John Smith in y"' yeere 1628, to be lajd out in some free place by M'
Gettings & M' Medcalf, of Ipsuich, who are appointed to see the same donne
accordingly, & to make returne thereof at y* next Court of Election ; provided.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 15

if it appeare w^Hn sixe moneths that the peticoner haue receaved sattisfaction 1661.
in land or otheruise, then this pi-esent graunt to be voyd. ' "i '

In ans' to the petition of M' John Higginson, humbly desiring the favo"^ Ans'toM'
of this Court in the graunt of some lands in relation to service by him donne in Higginsons

•L • -u 1 n • ■ peticon.

being a scribe to the synod in sixteene hundred & thirty seven, &6, the Court
judgeth it meete to graunt the sajd M"" Higginson seven hundred acres of land
in some free place, & not prejudicial! to to a plantation, & that Maj' W" Hau-
thorne, M'^ Edmond Batter, & M' Jonathan Danforth, or any two of them, be
appointed as a comittee to lay it out.

This Court, considering the good service of Majo' Willjam Hauthome, Courts gratuity
for seuerall yeai-es past, in maglstratticall transactions for the toune of Salem & *° Major Haa-

° thome, 500.

Marblehead, and outheruise, to the great hindrance of his personal! occasions,
& the diminution of his estate, doe hereby graunt vnto him fine hundred acres
of land in the wildernes, where it may not hinder a touneship, to be lajd out
before the next Court of Election, by M'' Edmond Batter, & Left Lathrop, &
some approoved artist.

In ans' to the peticon of Edw Cowell for sattisfaction for his horse, for- Ans'toEdw.
merly imployed in y^ countrys service to y' eastward, & now lately againe to , °^^ ^ ^^"'
y° southward, it is ordered, that the Tresurer forthwith sattisfy him what he
cann make appeare to be j ustly due to him from the country.

On the rec[uest of our honnored GoQno'', this Court judgeth it meete to 7 June, 1661.
graunt him a speciaU. Court here at Boston y« 6"" day come seven nights, for ^P^"'^^ ^°"'^*-
the tijaU of an action betweene our sajd honnord GoQn', pi', & M' W™
Broune, of Salem, defend', in refferenc to y^ ship lately seased at Marblehead,
& that as many of the Magistrates as cann be present to heare, to determine
the case.

The Court judgeth it meet to order y^ Tresurer to sattisfy Rich Wood ■WoodeocksbiU
Cocke fower pounds nine shillings for the repajring of y' countrys armes, as lo^g^
by a bill given in by Cap? Dauenport.

*In ans' to the petition of the inhabitants of Billerikey, the Couit, hauing [*377.]
considered of this peticon, together w"" the peticon of M"" Deane "Winthrops Courts grant

to Billierikey.

for laying out the lands graunted his mother, & being certainly informed that 4000 acres
the toune of Billierikey is a hopefull plantation, & that they haue & doe en-
courage & mainteine the ministry amongst them, & haue waded thro many
difficultjes in purchasing much of theire land, & neuer had so much as one
third part of lands graunted them by this Court as other villages inferio'' to
them haue had, doe therefore graunt the sajd toune fower thousand acres of
land, in such place or places where they cann finde it w"'in this jurisdiction,
for the redemption of the sajd lands, provided it shall not pjudice a plantation




16 THE RECORDS OP THE COLONY OF

or any former gramat, & that Capt Edward Johnson, Thomas Addams, w""

Jonathan Danforth, surveyo'^% be appointed to lay it out, & make returne

to the next Court of Election.

Ans'toyin- In ans'" to the petloon of Tho Wlsewall & John Jackson, in behalf of

bridg'petico™' sundry inhabitants of Cambridg on the south side of Charls Riuer, this Court

doeth order, that all such lands & estate as are found to be more then fower

miles from the meeting house, together w"" the persons thereon dwelling, shall

be freed from contributing towards the ministry on the north side the riuer, &

shall & are engaged to contribute towards the ministry on the south side the

riuer, the measure to be in the vsuall path that maybe ordinarily passed, &

this to be vnderstood only during such tjme as the south side the riuer shall

rnaiuteine an able ministry.

Ans'to M' In answer to y* petic6n of M"^ John Elliot, Sen, in behalfe of the Indians

for PauoTtucke 0^ Pautuckett, although the Court may not in justice nullify the graunt of land

Indians. ^^ jjrs 'Winthrop, deceased, or hir heires, yett desire the persons interested in the

sajd grant to accoiiiodate the Indians w*** the smale parcell of land & meadow

desired, so as the peticoner find out a convenient parcell of land elswhere y'

may accomodate the grantees in leju thereof, w* this Court will graunt to y°

heires of sd M" Winthrop. As for y* lands desired for y® Indians on the

northside of Merremacke, it is ordered, that John Parker & Jonathan Danforth,

of Billierikey, veju the place, & if they find it ragged land, & not prejudicial!

to a plantation or former graunt, as is expressed, to lay out fiue hundred acres

for them, making returne thereof to the next session of this Court.

Ans'toM'Cole In ans"^ to the peticon of Samuell Cole & James Johnson, the Court

ap on- i^jjggtii Jt nieete to referr it to the County Court of Sufiblke, who are hereby

sons petico. Jo j ' j

impowred to release the peticSners from theire administratorship, provided the
children y' are of age first choose theire guardians, & some due care taken for
securing the portions of such as are in nonage, w**" due accompt giuen to the
Court by the sajd administrato''s, to the Courts sattisfaction, of the whole
estate coiuitted to them.

M' Corietts Layd out & exactly measured by me, Thomas Nojes, of Sudbury, in

arme aj ou . Q^gjjgjjj,g (-q ^^ graunt of the honored Generall Court, October 18, 1659,
M'^'Elijah Corlett, schoolem'^ of Cambridg, his farme of two hundred acres,
scittuate, lying, & being about a mile distant from the southwest angle of the
lands formerly graunted to Sudbury ; also hauing a parcell of meadow graunt-
ed to M"" Edmond Broune, teacher to y" church of Sudbury, on the south, also
being about halfe a mile distant northerly from the riuer w'='^ runeth to Sud-
bury, also being about a mile & a quarter distant west north westerly from




THE MASSACHUSETTS BAY IN NEW ENGLAND. 17

tlie new dwelling house of John Stone ; the sajd farme for the most part hor-
dering vpon the wildernes, & laying in a long square, the longest lines runig
west & by south fiue degrees southerly, as it is now marked round by marking
the trees w"i the letter C ; & also two smale parcells of meadow neare adjoyn-
ing to the south Ijne of the sajd farme, & is part of the two hundred acres.
This by me, vnder written, the 28 May, 1661, in presenc of John Stone, John
Bent, & Thomas Read, of Sudbury.

The Court allowes hereof.

*In ans'' to the peticon of M"^ Edmond Batter, the Court judgeth it [*378.J
meete to graunt the peticoner two hundred & fifty acres of land, provided it -*■"'' '° *^'

^ Batters petic.

be taken in such place as is free from former graunts & not pjudiciall to a 250 acres.
plantation, & that it be lajd out before the next Court of Election, & that



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 2 of 77)