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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providing for & selling the peace & security of the sajd country, according to
their good & sound discretions, and to such instructions as they or the sur-
vivors of them haue or shall from time to time receiue from vs in that behalfe
from time to time shall finde expedient, to certify us, or our priuy council, of
their actings & proceedings touching the premisses ; & for the doeing thereof,
or any other matter or thing relating therevnto, these presents, or the enroll-
ment thereof, shallbe vnto them & euery of them a sufficient warrant &
discharge in that behalfe. In witnes whereof, wee haue caused these our
letters to be made patents. Witness ourself at Westminster the fiue & twen-
tieth day of Aprill, in the sixteenth yeare of our reigne.



This paper was deliuered to me, vnderwrit, as a true copie of his majtjes
originall coinission, directed to Colonell Eichard Niccolls, &3, but not being
subscribed by any, was on the 2'^ of May, 1665, in presenc of & by direction
of the sajd Colonell Eichard Niccolls, S'' Eot)t Carr, & Samuell Mauerick,
Es^, in open Generall Court, compared by the sajd originall comission, w""^
was read by one of their servants. As attests,

EDW: RAWSON, Secret.

[*478.] *Here foUowes the second instruction, being part of his majestjes in-

struction relating to the Dutch: —

2'».
Also, reducing ^°^ shall, after all ceremonjes are performed, & in the first place of all

i^ere trLn ^'^^^'^^^^' ^ before yow enter vpon any other particular, discourse at large &
Island. with Confidence to them all that wee ourself haue discoursed w*"" yow of




THE MASSACHUSETTS BAY IN NEW ENGLAND. 163

reducing the Datch in or neere Long Island, or any where w'^'in the limits
of our oune dominions to an entire obedience to our gouernment. They
willbe easily informed of the consequence of such neighbour good, if they be
long suffered to rajse a gouernment of their oune ; that besides their being a
constant receptacle & sanctuary for all discontented, mutious, & seditious per-
sons, who fly from our justice as malefacto''s, or who runne from their masters,
or avoyd paying their debts, or who haue any other wicked designe, as soone
as they shall grow to any strength or power, their business is to oppresse
their neighbours, & to engrosse the whole to themselues, by how indirect, vn-
lawfuU, or fowle meanes soeuer. Witness their inhumajne proceedings at
Amboyna, in a time of full peace, & all professions of particular loue &
freindship ; and therefore it is high time to |)ut them out of a capacity of
doing the same mischeife there, & reducing them to the same rules &
obedience w* our oune subjects there ; which yow are to let them know is all
wee ajme at, w*out any purpose of vsing any other violence vpon or towards
them then ai-e necessary to those ends ; & that no man shall be disturbed or
remooued from what he possesseth. Who will yeild obedience to vs, & line in
the same subjection & vpon enjoying the same priulledges w'*' our other sub-
jects, and in order to this good end, of so great & iinediate concernment to
them, yow shall desire their advice & concurrance, & that they will asist yow
w'l' such a number of men & all other things as are necessary therevnto ; &
^^ow shall therevpon proceede in such manner as yow shall thinke it fitt, either
by building of fortes aboue them, or by vsing such force as cannot be avoyded
ffor their reduction ; they having no kind of right to hold what they are in
possession of in our vnquestionable territorjes, then that they are possessed of
it by an invasion of us.

The coinissioners proposalls.
In obedience to his maiesties comands for the more effectuall meanes of Hismajesties

J J J •11 coinissioners

reducing the Dutch, who haue, contrary to all right & justice, vsurped, and p.^p^^^ns.
are now^possessed of his majestjes dominions in & neere adjoynlng to Hudsons
Riuer, in America, wee doe, in his majestjes name, propose to the Gouernor
& counciU of his maj^es colonje of the Massachusetts Bay as followeth: —

, That they will make an act to furnish vs w* such a number of men,
armed, as they can spare, & that they may beginne their march on the twen-
tieth day of August next, if in the meane time wee find that we can prevajle,
by treaty or by other assistance *of his majestjes subjects neerer the -^—
wee promise to giue them an account, and to stop the further charge ^
gresse of the men, & sooner wee aske them not, that the objection of b



164 THE RECORDS OE THE COLONY OF

1 G G 5. time may be taken away ; which act wee conceive will be a signall testimony
^ of their compljance w"' his majestjes affaires, & of great honor to this colony

May session.

& of good example to all the rest. July 27, 1664.

EICHAED NICCOLLS,
GEORGE CARTWEIGHT.



CouncUs ans'
to the comis-
sion's propo-
sal!.



Comissioners
returne.



Copie of his
maj'J3 letter of
June 23, 1662.



The council, after some deliberation, gaue their answer to the abouesajd
proposall, in writing, a cople whereof here fFolloweth : —

Boston, in New England, 27* July, 1664.

In ans'^ to a proposition made by the hono^'ble Colonel Richard NiccoUs
& Colonel George Cartwright-, in his majestjes name, for assistance in his
majestjes service for the reducing of the ]Monhatoes, by raysing & furnishing
a number of souldjers, to beginn their march on the twentieth of August next,
if in the meane tjme the sajd gentlemen shall not see cause to dischai'ge them
& stay their further progresse, the council now assembled being very
desirous to testify their loyalty to his majestje, & readines to promote the
interest of the English nation, haue passed an act requiring the Generall Court
of this colony to assemble together at Boston, the third of August next, to
whom we shall coinunicate his majestys letter & this abouesajd proposall
for their advice, asistance, & concurrance therein.

By the council, EDW: RAWSON, Secrety. * *

On deliuery whereof, the coinissioners manifested themselues not well
sattisfied w* the councills act, & informed the Gouernor & council that there
was yet many more things w* they had in charge from his majesty to signify
to them, which worke they would attend at their returne from the Monhatoes,
& coinended to the Court that in the meantime they would further consider
of his majestjes letter to this colony, June twenty eight, sixteene hundred
sixty & two, & give a more satisfactory answer to his majesty concerning the
same then formerly, a copy whereof here followeth : —

Charles R.

Trusty & wellbeloved, wee greete yow well. Whereas wee haue lately
received an humble addresse & petition from the Generall Court of our colony
of the Massachusets in New England, presented vnto vs by Symon Brad-
streete & John Norton, wee haue thought it agreeable to our princely grace &
justice to let yow know that the same hath beene very acceptable to vs, & that
wee are well satisfied with those expressions of loyalty, duty, & good affection



THE MASSACHUSETTS BAY IN NEW ENGLAND. 165

made to vs in the sajd addresses, which wee douht not proceede from the 1 G 6 5.

hearts of our good subjects j and wee are theiefore willing that all our good ' ' — ~"

subjects of that plantation doe know that wee doe receive them into our gra- ^'^^^ "'^^'™

^ His maj*J ac-

cious protection, & will cherish them with our best encouragement, and that ceptanc of y
wee will preserve & doe hereby confirme the patent & charter heretofore sionl'of'r'-"
granted vnto them by our royall ffather, of blessed memory, & that they shall ^"*''' ^'-
ttreely enjoy all the priviledges & 8f libertjes granted to them in & by the firmaconofy«
same, & that wee will be ready to renew the same charter to them, vnder our proriL^o re-
great seale of England, whensoeuer they shall desire it. And, because the "e^^^hesame.
license of these late ill times hath likewise had an influence vpon that our cioLTharft"'
colony in which they may haue swarued from the rules prescribed, & euen from *'"■
the gouernm* that was instituted by the charter, which wee doe graciously im-
pute rather to the iniqiiity of that tjme then to the euill intention of the hearts
of those who excercised the gouernm' there ; and wee doe therefore hereby pub- His gracious
lish & declare our free & gracious pardon to all our subjects of that our plan- crim™ during
tation for all crimes & offences coinitted against vs during the late troubles, ^^ '"^^ "^

" ° ' times, &<;, ex-

excepting only such persons who stand attainted by our Parljament here of cepting p'sons
high treason ; if any such persons haue transplanted themselves into those high treason,
parts, the ap>hending of whom, & the transporting into this kingdome, & de- ^'''
liuering them into the hands of justice, we doe expect from the duty, affec- His expecta-
tion, & obedience of our good subjects of that our colony, if they are found ap'henCon, if
w'4n the limits & jurisdiction thereof, *provided alwajes, and jt being our fo™"!^^'"-

The proviso.

declared expectation, that, vpon a revjew of all such lawes or ordinances as r*4.co i
are now, or haue been during these late troubles, in practise there, & which
are contrary & derogatory to our authority & gouernment, the same may be
anuUed & repealed, & the rules & prescriptions in the sajd charter for the ad- The end of y
ministration & taking the oath of allegeanc be henceforth duely observed, & of conscience
that the administration of justice be in our name ; and, since the principall
end & foundation of that charter was & is the freedome & liberty of con-
science, wee doe hereby charge & require that that freedome & liberty be That it \>e due-
duely admitted & allowed, so that such as desire to vse the Booke of Coinon ^g
Prayer, & performe their devotions in that manner as is established here, be
not debarred the excercise thereof, or vndergoe any prejudice or disadvantage it being vsed
thereby, they vsing their liberty w^'out disturbanc to others, & that all per- ^^^ ^^ others,
sons of good & honest liues & conuersations be admitted to the sacrement of P'^ons of good

° life & coniisa-

the Lords supper, according to the Booke of Coinon Prajer, & their children con to be ad-

, TU^^ to V® L'^S

to baptisme. / Wee cannot be vnderstood hereby to direct or wish that any ^^^^^^ & y,
indulgence should be granted to those persons comonly called Quakers, whose <=ii'ii^ien to ^
being ^ inconsistent w* any kind of gouernment. "Wee haue found it neces-




]66 THE RECORDS OP THE COLONY OF

sary, by the advice of our Parljament here, to mate sharpe lawes against them,
and are well contented that yow doe the like there. Although wee haue
No'ildui.^lnc'e ^^^reby declared our expectation to be, that the charter granted by our royall
to Quakers, ffiither, & now confirmed by vs, shall be punctually observed, yet if the num-

but sharp lawes

to be made ag' ber of the Asistants enjoyned thereby be found by experience & be judged by
Not ex eedin *'^® people to be inexpedient, (as wee are enformed it is,) wee doe then dis-
18 Asistants pence w"' the same, & declare our will & pleasure herein for the future to be,

nor less then • i i i

ten. that the number of the sajd Asistants shall not exceed eighteene, nor be lesse at

Election of any time then tenn. "Wee assuring ourself, & obleiging & coiiianding all per-
ants to be ^'^^^^ Concerned, that, in the election of the Gouernor or Asistants, there be
chosen for their q^\j consideration had of the wisdome, virtue, & integrity of the persons to

virtue & integ-
rity, &e. be chosen, & not of any affection w"" refference to their opinions & outward

Persons not professions, & that all the freeholders of competent estates, not vitious in con-
it '°th 'd ■ ^ versacon & orthodoxe in religion, (though of different persuasions concerning
in religion to church gouernment,) may haue their votes in the election of all officers, both

vote in elec-
tions, &c. ciuill & military. / Lastly, our will & pleasure is, that, at the next Generall

Court of that our colony, this our letter & declaration be coinunicated & pub-
lished, that all our loving subjects w"^in that our plantation may know our
This letter to grace & fiivour to them, and that wee doe take them into our protection as our
°''™"'"'" loving & dutifiiU subjects, and that wee willbe ready, from time to time, to
lished to y» receive any aplication or addresse from them which may concerne their interest

people.

& the good of that our colony ; and that wee will advance the benefit & trade
thereof by our vtmost endeavors & countenance, presuming that they will still
merrit the same by their duty & obedience. Given at our court at Hampton
Court, the 28"^ day of June, in the fowerteenth yeare of our reigne, 1662.

By his majestjes coiriand,

EDW: NICHOLAS.

August the 3", 1664.
Courts resoiu- The Generall Court assembled where his majestjes letters, coinission, &

f'l^ru & true instruction, w"" the proposall therevpon, as before recited, were againe openly
allegiance to j-ead, and the Court was informed of that which the coinissioners signified to

the king, & ad-
here to )■''' the council relating to his majestjes letter, June 28, 1662, all which were at

. lai-ge debated by the whole Court, the result whereof was, that this Court

doeth expresse & declare that it is their resolution, God asisting, to beare faith

& true allegeance to his majestje, & to adhere to their patent, the clutjes &

toasistw"" priuiledges thereof so dearely obteyned, & so long enjoyed by vndoubted right

men in his Jn the sight of God & men.

maj*y service

ag' y Dutch. The queestion being put whither this Court will send any supply of men



THE MASSACHUSETTS BAY IN NEW ENGLAND. 167

to asist his majesties forces against the Dutch in the present clesigne, the Court 1665.

resolved it on the aifirmative. " y

*An(i ordered that there shallbe voluntary souldjers raysed in this juris- rXisTT
diction for his majest;jes service against the Dutch, not exceeding the number q}^^^ ^^ ^.].,^
of two hundred, to be ready to march by the twentjeth of this instant, the ^oo volunteers

i_ . IT, ■, , , ag' y= Dutch.

charge at present to be disbursed by the county Treasurer.

And proceeded to nominate & coinissionate captains, leifts, & other Capf, leff ,
officers, & ordered as aboue the Treasurer to disbm-se monys out of the pub- for'y"D"t"r*
lick treasury of the colony for the encouragement of the sajd volunteers, & expedition.
for their supply of victualls & aiuunition, all which being thus agreed vpon,
the Court dispatcht away two gentlemen as their messengers to the comission-
ers, by that time supposed to be arrived neere to or before the Monhatoes, in
distance from Boston nere, if not altogether, two hundred miles, to informe
them of the Courts proceeds as to their supply ; and although there was no
order given by the coSiissioners for the souldjers thus listed to march from
Boston, the Dutch voluntarily surrendering vp that place, & articles agreed Their charge.
vpon betweene them, yet in this expedition there was expended out of the pub-
lik treasury of this colony (for the encouragement of the souldjers listed, their
maintenance vntill discharged, & for their provission & amunition, together
w* payments made to such as were sent w"" their ships to pilot them into the
hai'bor) two hundred twenty two pounds tenn shillings.

And in refference to his majestjes letter, June 28"", 1662, the Court then
assembled passed an order, a copie whereof here followeth : —

In an's' to that part of his majestjes letter of June 28"', 1662, concerning Courts ansuo
admission of freemen, this Court doeth declare, that the lawe prohibitting all mai'j"ietter
persons except members of churches, & that also for allowance of them in any "^""^ ^^ • ^^'

respecting non

County Court, are heereby repealed, and doe heereby also order & enact, that freemen.
from henceforth all Englishmen presenting a cirtifficat vnder the hands of the
ministers or minister of the place where they dwell, that they are orthodox in
religion, & not vitious in theire Hues, & also a cirtifficat vnder the hands of
the selectmen of the place, or of the majo'^ part of them, that they are ffree-
holders, & are for their oune propper estate, w^'out heads of persons, rateable
to the country in a single country rate, after the vsuall manner of valuation
in the place where they Hue, to the full value of tenn shillings, or that they
are in full comunion w"" some church amongst vs, it shall be in the liberty of
all & euery such person or persons, being twenty fewer yeares of age, house-
holders, & setled inhabitants in this jurisdiction, from time to time to present
themselues & their desires to this Court for their admittance to the freedome
of this coinon wealth, & shallbe allowed the priuiledge to haue such their



168 THE KECORDS OF THE COLONY OF

1 G 6 5. desire propounded & put to vote in the Generall Court for acceptanc to the free-
" '' ' dome of the body politicque by the sufferage of the major part, according to

May session. i , » c i • i i

0th " tsi ^ rules of our patent, leaving other parts of the sajd letter to be further
letter to be considered at the retarne of the coiuissioners from the Mouhatoes.

considered of _. . . .

iit y coinissio" And the comissioners, departing from Boston imediately before the sitting

of the Generall Court, left a copie of his maiesties comission w"^ the council,

Thecoiuis- ' f J J

sion" dep'ture but were not pleased to present either the councill or Court, when met, w'^'' a
not comunicat- Sight of his majestjes farther instructions, directing & Ijmitting them in the
ing his maj'j« excercise of their comission in this colony, w*, w*"" some Avords & carriages

instruccon.

Distastfull car- that Were distastfull to the people, that fell from some of them, & in particcu-

^^f!* *r.°"^^ lar from M"^ Samuell Mauericke on his first arrivall in Piscataque Riuer, men-
fell from M' ^ '

Mauericke. acing the constable of Portsmouth whiles he was in the execution of *Ports-

l iov.j mouth whiles he was in the execution of his office, on w'^'' the people conceived

S' R b' C s ^* necessary to repaire to S' Robert Carr for a full vnderstanding of such mo-

satisfys y'peo- tlons, who judged it meeto to declare that the people ought to continue in

pie, &a.

their obedience to the present gouernment till they had other or further order.

The minds of These things occasioned in the hearts & minds of the people a deepe

y« people, un- ., , .,.., . , _.. ,,

der a senc of scnce 01 the sacl cuents tnreatnmg this colony, m case the comissioners should

sad events, so- improoue their power in such a manner as they feared thev would, on whose

licitous for ■'^ -^ J J '

their enjoym". generall solicitude for the preserving of their enjoyments according to their

present constitution, granted to this colony by his majestjes royall charter, un-

Court resolues der the great seale of England, the Generall Court, consisting of Goilno'', Dep'

to make an _, ,. d i • /» i n i

addresse. Gouerno', majistrates, & deputjes oi the seuerall tounes, resolved imediately

to make their addresses to his majesty, a copie whereof here foUoweth : —

Courts ad- Dread Soueraigne : —

dresse to his

majesty. If your poore subjects, who haue remooued themselues into a remote cor-

ner of the earth to enjoy peace w"' God & man, doe, in the day of this their
trouble, prostrate themselues at yo' royall ffeete, & begg your favour, wee
hope it will be graciously accepted by your maj'^, and that as the high place
yow sustejne on earth doeth number you here among the gods, so yow will
jmitate the God of heaven in being ready to majnteyne the cause of the
aflicted & the right of the poore, & to receiue their cryes & addresses to that
end ; and wee humbly beseech your majesty w* princely patieuc & clemency
to heare & accept our plaine discourse, though of somewhat greater length
then would be comely in other or lesser cases ; wee ^re remote, & cann speake
but seldome, & therefore craue leaue to speake the more at once ; wee shall not
largely repeate how that the first vndertakers for this plantation hauing, by
considerable suines, purchased the right thereof granted to the councill estab-



THE MASSACHUSETTS BAY IN NEW ENGLAND. 169

lished at Pljmoutli by King James, your royall grandfather, did after obtejne 166 5.

a patent, given & confirmed to themselues by your royall ffather. King Charles '^ — ^ '

the First, wherein is granted vnto them, their heires, assignes, & associates for ^^ session,
eiier, not only the absolute vse & propriety of the tract of land therein men-
tioned, but also full & absolute power of gouerning all the people of this
place by men chosen from among themselues, & according to such lawes as
they shall from time to time see meet to make & establish, being not repug-
nant to the lawes of England, they paying only the fifth part of the oare of
gold & siluer that shall heere be found, for and in respect of all dutjes, de-
mands, exactions, & services whatsoeuer, as in the sajd patent is at large de-
clared, vnder the encouragement & security of which royall charter this peo-
ple did at their oune charges transport themselues, *their wives & familjes, [*483.]
oner the ocean, purchase the lands of the natiues, & plant this colony with
great labours & hazards, costs & difficulties ; for a long time wrestling w"" the
wants of a wildernes & the burdens of a new plantation, hauing also now
aboue thirty yeares enjoyed the aforesajd power & priuiledg of gouernment
w*in themselues, as their vndoubted right in the sight of God & man, & hav-
ing had moreouer this further favour from God, & from your majestje, that
wee haue received seuerall gracious letters from your royall self, full of ex-
pressions tending to confirme vs in our enjoyments, viz', in your majestjes
letter, bearing date the fiueteenth of February, 1660, you are pleased to con-
sider New England as one of the cheifest of yo' colonjes & plantations abroad,
hauing enjoyed & groune vp in a long & orderly establishment, adding this
royall promise, ' Wee shall not come behinde any of our royall predecessors in
a just encouragement & protection of all our loving subjects there.' In yo'
majestjes letter of the 28th of June, 1663, sent to vs by our messengers, be-
sides many other gracious expressions, there is this : ' Wee will preserve, &
doe hereby confirme the patent & charter heretofore granted vnto them by our
royall ffather, of blessed memory, & they shall freely enjoy all the priuiledges
& libertjes granted vnto them in & by the same.' As for such particculars of a
civil & religious nature, which are subjoined in the sajd letters, wee haue ap-
plied ourselues to the vtmost to satisfy your majesty, so farr as doeth consist
w* conscience of our duty towards God, & the just libertjes & priuiledges of
our patent.

Wee are further bound, w"" humble thankfullnes, to acknowlege your
mijestjes gracious expressions in the last letter wee haue received, dated Aprill
23"^, 1664, as, (besides other instances thereof,) that your majesty hath not the
least intention or thought of violating, or in the least degree infringing, the

VOL. IV. PART II. 22



170 THE EECOKDS OP THE COLONY OF

166 5. charter heretofore granted by youi- royall father, -w"" great ■wisdome, & vpon
'' full deliberation, &6.

May session. _, ^ n- • f ^ • -i ■< i

13 ut now what aniction of heart must it needes be vnto ts that our smns
haue provoked God to permit our adversarjes to set themselues against vs by
their misinformations, complaints, & solicitations, (as some of them haue made
it their worke for many yeares,) & thereby to procure a coinission vnder the
great seale, wherein fower persons (one of them our knoune & proffessed



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 20 of 77)