Nathaniel Bradstreet Shurtleff.

Records of the governor and company of the Massachusetts bay in New England : Printed by order of the legislature online

. (page 23 of 77)
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 23 of 77)
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hold of euery opportunity to manifest the same, & to assure his majesty duty & loyalty.

The matter vnto which yoiu- second instruction referrs being now fully 2. Courts
accomplished, there remajnes no further answer to be made by vs thereto, to''"''c'rffiis-
only a thankfull acknowledgment to yo^'selues, wherein yow haue done vs right ^'""'^ ^""^ ^'^'

. . , . . ing his inaj*7 a

in yo'' givmg his majesty a true accompt thereof true aecp' of

For a mapp of the Ijmitts of our jurisdiction, vpon the first notice of yo"^ to^sCTvThim'
desires first made knoune to the Gouerno' & council by yo'' letter from Eoad *^' 3" ^^tt^^'
Island, dated March 13, 1664, care was then taken, & now such further pro- 3. courts en-
vission is made, by this Court, that wee doubt not yow will spedily receive 3^^^°^!° ^''
satisfaction therein. speedily w" a

(jrentlemen: Wee are not conscious of any neglect in publishing his maj'y^ 4. Their suffi-
last letter, for, hauing called a Generall Court in August last, to raise men f.'?.'^'' f^^'

° ' hshmg his

for his maj*i'' seruice, the sajd letter was comunicated to the whole assembly, maj'i- letter to
accordmg to his majestjes comand, & coppies thereof were spread abroad, that
the people could not be ignorant of the contents thereof.

In like manner, gentlemen, the five papers deliuered the day before the & declare y
election haue beene comunicated to this whole Generall Court, & if yourselues "^ P^Pf^ _

^ •/ were comum-

desire any further publication thereof, wee shall endeauor yo"" satisfaction '^^^^^ ^° y

whole Court, &

therein, & shall be ready further to advise w"^ yourselues of the best meancs readines on
of remooviug all jealousies, & silencing all scandalous & false rumor's, that haue ^^^ to\dvise^'
beene raysed, & preventing the same for the future, acknowledging it to be °' ^ '"^^^ ^'^y

to comucat

our duty to excert that power his maj'^ hath betrusted vs with to vindicate his them, &c.
honor ; & yourselues, implojed by him, being enabled therevnto by yo'^ more * *° remo^
particular information, which, in this case, yourselues will thinke necessary, scandalous ru-

, . , 'iToi mo's on more

It being extreamly difficult, if not impossible, to trace those wild & absurd pnicuiar infor-

rumo's to their first fountajne, euery reporter coinonly contributing some "^ '""' "'

addition to y® streame. If any haue industriously & maliciously scandalized

his maj'y or comissioners, they deserve severe punishm*. If rashly & vn-

advisedly any haue discouered theire oune weakenes & folly, gentlemen, they

may be the objects of yo"^ charity & candour, vpon the acknowledgment of

their erro"", or of yo"^ justice, if theire oune discretion & yo'' lenity ^vent not

the same. Gentlemen : Our confidence of his maj'''" grace & favo'' & royall in- Courts confi-

tentions to vs, being further cherrished by yourselues, will vndoubtedly drawe ijjjji, Lace &e

from vs more ample (wee dare not say proportionable) expressions & demon-


166 5. strations of our duty, loyalty, & good affection to his. majestje, according as by
"~ '^ ' our patent wee are bound.

^^"^'''''™- By the Court. EDWARD EAWSON, Secre?.

Boston, S"' of May, 1665.

Directed ffor the honoble Colonel Richard NichoUs, & the rest of his
maj'y comissioners, & was sent to them & deliuered by the secretary.

Vnto this answer of the Court the comissioners made a reply as fol-
loweth : —

Comissioners The reply of his majestjes coinissioners to yo' paper of the 5"^ May, at
'c!lll°Lto Boston, 1665.

Courts ans' to ^

To the preface, wee haue onely this to say : that wee desire yow would
[*496.J *jmprooue that liberty w* you haue reserved to inlarge vpon, as particculars
shall arise, & wee shall readily attend some & propose other expedients for
the more speedy & happy dispatch of the affaires depending in Court.

To the first head of yo"^ ans'' : —

The oppertupity you seeme so willing to lay hold of is brought to your
hands, accompanied w'*'all the circumstances of clemency & kindness w* the
rich heart of a gracious prince cami bestow vpon his subjects ; and wee doubt
not that his majesty, when yow haue answei-ed his expectation, will exceed

To the second : —

Further discourse is vnnecessary, for the report is remitted to his majesty.

To the third : —

There are many things of great moment w* cannot be heard or issued
before we haue a perfect mapp of the Ijmitts of this jurisdiction, as they are
exprest in the charter.

To the fowerth : —

"Wee shall not agravate any neglect which is so solemnly disouned ; but
suerly the publication of his maj*^"^ last letter ought to haue had a better in-
fluence, & given a new life to the contents of his majestjes letter of June the
28, 1663, w'='' hath slept so long in some hands that wee hope now this Gen-
erall Court will see great cause, by practicall assertions of their tender duty &
obedienc, to give his maj'^ more full satisfaction therein.


To the fifth : — 166 5.

Wee are fully persuaded that the printiiio; of the results & conclusions

'' 1. o May session.

which shall be made betweene us, on his majestjes part & yo'"selues, will be comission's as
the best meanes of remoovins all iealousies, both for the silencing of scan - ^^"^ '""' '",'""

o J o lug ye result

dalous & false reports which haue been raysed. Wee suppose that the coinit- betweene them

& y Court

tee already appointed by you will not only prepare some remonstrance of the best way to
detestation against such former practises as false & malitious, but take such '^'""'"'^^J'^^'

or ' ousies.

due examinations & depositions as shall be tendered against any partlccular

person or persons whom wee shall leaue to your justice, though wee haue Yery

candid intentions of a charitable construcon, where either weaknes or folly

haue beene the cheife ingredients of their venemous discourses; but, in the

meane time, wee thlnke it necessary that it may be knoune what hath beene

sajd, or cann be made appeare, before the comittee to whom wee shall giue

the names of some wittnesses to one particcular, w*out raking into the ashes

of any more.

To the conclusion : —

Wee suppose yo'' expressions fall as short of yo'' intentions as they are in
trueth of that loyalty which Englishmen owe to their king. Wee thinke it,
therefore, fit only to reminde you, that although there remajnes a particcular
obligation vpon this colony to his maj'^ for his grace & favo' in granting such
priuiledges & iinunitjes as are exprest in the patent, yet the Ijmits of that ob-
ligation are too narrow to circumscribe all that duty & allegiance, which, from
naturall borne subjects, is due to his majestje, & yo''selues haue in former
papers more suitably exprest. Gentlemen : Wee shall at any time or place de-
bate, consult, & advise w* any members of yo' Court towards the dispatch &
the right ynderstanding of our publick negoTiations, & in all other things yow
will finde us disposed to all those parts of chearfullnes, openesse of heart, &
sincerity of actions, which, by the blessing of God, will vndoubtedly produce
that mutuall confidence which is necessary to the welfare of this colony, & of

ample satisfaction to his mai'^.





To the Generall Court of his majestjes colony of the Massachusets.

May the fifth, his majestjes coinissioners deliuered into the Court ff'ower
writtings, conteyning fine of his majestjes instructions, the words whereof are
as foUoweth : —


*Part of the kings instructions to vs.
Yow shall informe yourselues by all the wayes & meanes yow can vse of
r* 107 1 ^^^ ^''^''^ ^ condition of the neighbo' kings & princes of the other natiues ad-
H's ■i.''j»5'ii Joy^^i'iSj ^ shall enc[uire what treatjes or contracts haue been made betweene
instruEon, re- them & any of our subjects, & how the same haue beene observed & per-

quiring his

ooinissio's to formed on the parte & behalfe of our sajd subjects ; & if yow finde that there
s ive f tt " ^^^^ beene any fayler therein, that you take effectuall course that the same be
Indian princes, punctually performed, & that full reparation & satisfaction be made them for

&c, w* couen-

n«s haue binn. any injury or damage they haue susteyned, since any violation of promise, or
„ ' other violence, will discredit & call into quaestion the faith of Christianity, &

How kept. ' ^ .J'

To yissit them, disappoint or obstruct our great end of convertion of infidells in those parts ;

and yow shall vse all the wayes you cann to let those princes & other Indians
know of the charge wee haue given in this particcular, & of your readinesse
to redresse any thing that hath been done towards them against the right rules
of justice & good neighbo^'hood ; and if there be oppertunity or occasion, you
shall yourselues, or one or more of you, (as you shall think fit,) vissit or re-
ceive any of those princes or great men, & assure them of as much in our name,
& enter into such further treatjes w* them as yow shall judge convenient.

Gentlemen : —

"Wee haue received many great complaints from the Nanyaganset In-
dians against this colony, for acts of violeuc & injustice done against
them, & wee feare since that time they submitted themselues & their country
to Charles the First, of blessed memory. Yow see the kings cornands to vs ;
wee shall be thankefull to you for your advice, if you will tell us how wee
may probably atteyne to a true information of those diiferences, that wee may
both doe justice, & giue the king a just accompt w^out doing injury to either
party by word or deed.


6. Instruction 6. Part of the kings instructions to vs.

to inquire after -rr i n i

y foundiicon & You shall make due inquiry what progresse hath beene towards the foun-

coaed™&5 ^ "Jacoii & maintenance of any coUedg or schooles for the education of youth,

& in order to the conversion of infidells, & what successe hath attended their

pious endeavo's of that kind, wee hauing received abundant satisfaction &

content in the account wee haue received of their designes herein, w"*" wee


doubt not will drawe a blessing vpon all tlieir other vndertakings, & -wherein 1665.
they shall receive all countenance, protectiouj & assistance from vs. ''

May session.

Gentlemen : —

All the particculars concerning this part wee cann only haue from jow, &

therefore desire that wee may receive such information from jovr concerning

them as may still give the king abundant satisfaction & content, & that may affoord

you more encouragement & asistance.





Part of the kings instructions to us. 7. Instruction

requiring y«

Since it cannot be supposed that any goflment cann be setled, but that the coinissio'-s not

gotin's will be attended w"' malice & envy enough, & discontented or vnlucky ^^^^^l^ ci™-

raen will be forward to traduce or accuse those who are in authority, or in a """'^ "S' p'sons

in authority,

better condition (as they thinke) then themselues, yow shall not give too easy &c.
an eare to clamours & accusations against those who are or haue binn in places
of gouernmentj except the information be seconded or ouned by men of sequall
condition, & then yow shall proceed in examination & determination of it, ac-
cording to the rules of justice, w'^'out respect of persons or opinions.

*Yow shall not receive any complaints of any thing donne amisse by any [*498.]
masristrate, except it be aarainst aequitie, or against their charter, which is to ^- insti-uction

° 'i' OIJ'O^ > that they in-

regulate & bound all their actions, nor shall yow interrupt the proceedings in terrupt not the

, 1 . 1 1 • o 1 • • • 1 • 1 proceedings in

justice, by taking vpon you the hearing & determining any particcular right justice, &c, ex-
betwixt partje & partje, but shall leaue all matters of this nature to the vsuall °'^'^*'
proceedings in the seuerall jurisdictions of the country, except those proceed-
ings be expressly contrary to the rules presented by the charter, or that the
matters in difference doe arise from some expression or clause conteyned in
some grant vnder our great seale of England, in all which yow are to proceed
according to justice, after a due examination of all matters & circumstances.

Gentlemen : —

Wee haue from the English also received many complaints ag'' the Coinissioners
colony, for having received hard measure in seuerall kinds ; amongst those '

one more especially, a coppie of which wee shall deliuer yow, if you
please, which, though wee dare not refuse to heare & examine it, yet the re-
spect which wee haue hitherto alwayes shewed to the authority w'^'' is consti-
tuted & appointed by his maj'^ in the seuerall colonjes where wee haue beene.


jMa) session.

1 66 5. makes vs 'willing to leaue it to your chojce, whether wee shall heare it at

Prouidence, in the kings prouince, or hereafter our returne from the eastward

plantations, or now before wee goe.





gii" iusti-uction. Part of the kings instructions to vs.

You that in due season (and after you haue passed thorough those affaires
which haue more difficulty, & which require an vnion & consent betweene all
interests) take a vejw of our letter of the twenty-eighth of June, 1662, & ex-
amine how all those particulars therein injoyned by vs, & which oirght, by
their charter, to be obserued, haue been or are put in practice ; as, —

1. That all persons take the oath of allegiance.

2. That all processe & administration of justice be performed in our name.

3. That such who desire to vse the Booke of Coinon Prayer may be per-
mitted to doe so w"'out incurring any poenalty, reproach, or disadvantage in his
interest, it being very scandalous that any persons should be debarred the ex-
cersise of his religion according to the lawes & custome of England, by those
who, by the indulgence granted, haue liberty left to be what profession in re-
ligion they please.

4. In a word, that persons of good & honest conversations, who haue
lined long there, may enjoy all the priiiledges, ecclesiasticall & civil, which
are due to them, & which are enjoy«ed by others, as to choose & be chosen
into places of gouernment, & the like, & that differences in opinion doe not
lessen their charity to each other, since charity is a fundamental! in religion.

Comissioner Gentlemen : —

In obedience to this part of his majestjes coinands, wee haue brought the
copie of the kings letter, of June 28, 1662, & the other copie mentioned be-
fore ; & 'desire, that vpon examination of the particulars, wee may be able to
give the king such an information as may be to his full satisfaction.


[*4:99.] *May the 8"^, his majestjes coiiiissioners deliuered into the Court theire


writings, part of his majestjes instructions to them, w"^ were read in Couit, 1 6 G 5.
the words whereof are as foUoweth : —

Part of the kings instructions to vs. lO"" instrno-


Yow shall make due inquiry whither any persons, who stand attainted
here in Parljament of high treason, haue transported themselues thither, &
doe now inhabit or reside, or are sheltered there ; & if any such persons are
there, yow shall cause them to be apprehended, & to be put on shipboard, &
sent hither, to the end that they may be proceeded w"" according to lawe ; &
yow shall likewise examine whither any such persons haue binn enterteyned
&. received there since our returne into England, & what is become of them,
& by whom they were received & enterteyned there, to the end, & for no
other, (for wee shall not suffer the act of indemnjmity to be in any degree
violated,) that those persons may be taken the more notice of, & may hold
themselues to take the more care for their future behauiour.



Part of the kings instructions to vs. li" instruc-

You shall take care that such orders be established there that the act of rj,^ ;j,p„^e j^^^
nauigatlon be punctually obserued, & that an entry be duely made of all shipps *^^ ^'^^ °^ "^"'

igation is at-

freighted fjom thence, & that once euery yeare there be a list returned to tended to.
our farmers & oificers of the customes of all such shipps, w"' the burden, the
masters names, & the true & exact bills of loading ; & because yow all know
w"' how great earnestnes our two houses of Parljament formed & presented to
vs for our royall assent the act of nauigation as of infinit concernment to the
trade & benefit of this our kingdome & all the rest of our dominions, & w**"
what care wee haue, since the passing thereof, watched that the same be duely
executed, & obedience be given therevnto, as a thing wee well know the heart
of this whole nation are set vpon, therefore you must lett the council & assem-
bly there know that wee cannot.but take notice how much that act is violated
& transgressed there, & what ill acts are practised by some in authority there
to enervate & avoyd the same, some men pretending as if some acts made in
the assembly there during the last rebelljon were still in force, notwithstand-
ing the sajd act of Parljament, which assertion wee must not suffer to be yi aii lawes re-
made about the validitje of that act of Parliament, (to which wee require & pugnant to it

be annulled,

will exact an entire & full obedience.) Yow shall take care that all acts made &c.




May session.

1665. there, w"'' are or seeme to be against that act of Parljament, or against the
true intention & meaning thereof, be forthwith repealed & taken of the file, &
no more remajne vpon record there.
To inquire into And because wee haue received complaint from our trusty & well be-

compi, &c. loued Thomas Deane of some injustice done to him & other our good subjects
who joyned w"' him in endeavo'^ing to procure the execution of that act of
Parljament when the Charles of Ouerroone came into the port of Boston
about the yeare 1661, in the carriage whereof they did not receive that coun-
tenance of some who were then in authority as they ought to doe, & were in
plajne termes denjed justice euen, w*'^ reproaches for requiring it, our will &
pleasure is, that yow examine the whole proceedings in that cause, & that,
vpon full deliberation & examination thereof, yow cause justice to be done, &
such reparation be given to the sajd Thomas Deane, & the rest who joyned
w* him in the prosecution of that busines, as vpon the merrits of the cause,
& by virtue of the sajd act of Parliament, they ought to receive.


desire of a
booke of our
lawes, &c.

*Gentlemen : —

Wee, in his majestjes name, desire a booke of your lawes may be sent vs,
that wee may haue the pervsall of yo"' lawes, that such as are against this act,
& such as are contrary & derogatory to the kings authority & gouernment,
mentioned in his gracious letter of June 28, 1662, may be anulled &


12 instruc-

To inquire
after y» frame
of y* goxim',
number of
ships, militia,
taxes, &d.

Part of the kings instructions to vs.

Yow shall, before the conclusion of yo"" imployment, thoroughly informe
yourselues of the whole frame & the constitution of the gouernment there,
both ciuil & ecclesiasticall, of the yearly taxes & impositions of our people, &
how the same are issued out, of the number of shipping belonging to that
colony, & the seuerall ranks thereof, & of thcnumber of the militia, both of
horse & foote, & of the walled or fortified tonnes & forts, & of all other par-
ticculars which may enable yow to give vs an account of the estate of our good
subjects & gouernment of that colony.


Gentlemen : —

"Wee desire that you would appoint some amongst yourselues to draw vp


an information of all those particulars towards the sattisfaction of his maj'^ 166 5.
desires. " - y — —'



May the ninth the Court sent vnto the coinissioners a proposall in Courts second
witing, the words whereof ai-e as foUoweth : — ?"f *° ^' ™'^"

" ission's paper

declaring the
r^ ,1 liberties of our

Gentlemen : — p^t,^, g^e^tly

Vpon pervsall of the papers yow haue diliuered vs, as also of a copie of a "'''""^ed.
warrant to John Porter/ sajd to be signed by three of yo'selues, wee apprehend
our patent, & his majestjes authority therein comitted vnto vs, to be greatly
infringed. Your answer, for help to a right vnderstanding thereof, will be Directed to y
very acceptable to vs, & greatly facilitate our retume to what yow haue already njch. NiccoUs,
presented vnto vs. * T ^^^^'^ hia

maj'J" comie-

By the Court. EDW: EAWSON, Secret Bioners.

Boston, Q'*' May, 1665.

May the 10% in answer to the Courts proposall aboue wiitten, the comis-
sion" made this following reply : —

In answer to yo'^ of the ninth, wherein his majestjes instructions & the Comissionera

X 1 -r» • • 1 T • -n . retume y* y«

warrant to John Porter are misinterpreted, wee desire yow will appoint some ubertjes be not
persons w'*' whom wee may haue a conference, to the better information of the ™ ™S^^' '">

*^ •' desire of a

Generall Court, that your pateqt is not in the least infringed. coinittee, &c.

Directed to the

May 10*, 1665. EICHAED NICCOLLS, Gene-ll Court

^ ' ' of his majestjes

EOBEET CAEE, colony of the




ference w^h his
maj'J" ooinis-
m-i- • CI _.. i/-( Ti 1-10 sioners ab' in-

To this motion 01 the comissioners, the Court readily complyed, & nom- fnngem' of
inated a comittee of eight gentlemen, who accordingly attended the Courts ''^^^J®^' ''^•


order, & wajted vpon the comissioners at their chamber. May the 11*'', 1665, assertion y« w'
in which conference the comissioners manifested their great dissatisfaction w"' ^^^^ according
the Courts proposall, & asserted that, in the cases wherein the Court obiected '° 5'" "^o^'ssio-

^ ^ ' ' ■^ &noinfnngm',

against their proceedings, they had donne nothing but what his maj^^^ coinission &£.


1665. did warrant them to doe, & that our patent is not thereby infringed ; in answer

' <■ ' wherevnto, the gentlemen sent by the Court humbly pleaded that his majes-

May session. . . i/-n n /-^

_. J tjes charter doeth give to the (jouerno'' & Company heere lull & absolute power

y'gou. &comp. & authority for the gouernment of his subjects of this colony, & for the

have power

from y charter making of lawes suiteable to that end, (not repugnant to the lawes of Eng-

maMne lawes ^^^^ ') ^°^ *^® putting such lawes in execution, the sajd charter is their royall

Y» charter a Warrant & discharge ; & that the execution of justice here is by his maj'^'

royall warr' to , .

execut y« authority, & in his name, yet they were very willing to give an account m any

™'^^' matter objected against the gouernment, or any the proceeding thereof, account-

^ ■' ing it their duty to siue his mai'^ full satisfaction in any case wherein *he re-
Execution of ° J & J J

justice from his quired an account of them, or that themselues, his comissioners, should see

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 23 of 77)