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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Majo"" Hauthorne & Left Lathrop be appointed to see it lajd out, & make theire
retm-ne at the next Court of Election.

It is ordered, that the marke in the margent shall be the brandmarke be- Chelmsford
longing to the toune of Chelmsford. pjj^ '

It is ordered, that the survejo" generall deliuer vnto the capt of the Pouder for y
Castle two barrells of pouder for the saluting of ships. salute &c

In ans"^ to y^ peticon of Hannah Boyden, relict & administratrix to y^ estate Ans' to Han-
of Joseph Morse & Thomas Boyden, hir now husband, this Court doeth judge r^^ Boyden
it meete to confirme the order of the County Court of Suffolk for the diuision P^*i"=°-
of the estate of Joseph Morse, mentioned in y* peticon, & is. Whereas Hannah
Boyden, wife to Thomas Boyden, late relict & administratrix to Joseph Morse,
of Dorchester & Meadfeild, brought in to this Court an inventory of the es-
tate of the late Joseph Morse, in relation to houses, lands, catle, & other goods,
amounting in the whole to the value of fower hundred & twenty pounds
thirteen shillings & sixpence, as in the sajd inventory appeares, bearing date
25 July, 1654, and now hath brought in an accompt of seuerall debts w'='^
since hir late husbands death she hath pajd, & losse in catle, & by the fall of
the price of sheepe, to value of eighty two pounds ten shillings, w"''
account is ouned by the brother & eldest sonne of the late deceased, & also
bringing in to this County Court an inventory of what is remayning of the
estate aboue mentioned, w* amounts to three hundred twenty two pounds
eight shillings & nine pence, an inconsiderable abatement, considering the
chardge the sajd Hannah hath bin at to mainteine hir eight children, being
young, since theire fathers death. & whereas Samuel Morse, the eldest sonne
of the late Joseph Morse, is now of age, & desiring w"" the mother that a just
diuision might be made of that estate, that he might enjoy his portion, the

VOL. IV. PAKT II. 3



18 THE KECORDS OF THE COLONY OF

1661. Court, considering that seuerall of the children are ^oung, judg meete to order,
^~ "< ' that the said Hannah, the relict, shall haue out of that estate, as hir portion,

23 May. _ .

Courts allow- *'^^ Some of eighty two pounds eight shillings & nine pane, thirty two pounds
anc of County Tvhereof shall be in hir liberty, at or before hir death, to giue to one or other

Courts order

for diuicon of or all hir children, or to hir husband, as shee shall see cause, for the en-
his estate. couragment of him, to help bring vp the sajd children ; and doe order, that
the sajd Samuell, the eldest sonne, shall haue in land, as it is prized in the
inventory now brought in, the twelve acres in the comon plajne, fower acres
at the north end of the home lott, tenn acres of meadow that Ijes by Charles
Riuer, & sixe acres of meadow lying by Bridg Streete, to value of fifty three
pounds sixe shillings & eight pence ; & for the eleven pounds thirteene shil-
lings & fower pence, vf"^ the sajd land amounts to more then his portion, that
he give security to the recorder to pay the same vnto the first of his sisters
when she comes to y° age of twenty one yeares, or day of marriage, as part
of hir portion ; and that the children may haue theire just portions out of
theire late fathers estate, this Court orders, that the sajd Thomas Boyden shall
haue the rest of the houses & lands of the late Joseph Morse to enjoy to him
& his heires foreuer from this day, provided he giue security to the recorder
for the time being of this county, to bring vp the rest of the children of the
sajd Morse at his charge, till they attayne to the age of fourteene yeares,
[*379.] when, if they or either of them shall desire *to choose themselves guardians,
& goe to trades from thence, he shall allowe after the rate of eight p cent for
such of theire portions, w* this Court orders to be to each of them the some
of twenty sixe pounds thirteene ^ & fower pence, to be pajd to the sonnes,
w"' the vse from the tjme mentioned, at theire ages at twenty one yeares ; &
to the daughters at theire ages of eighteene yeeres, or theire day of marriage ;
all theire sajd portions to be pajd at theire seuerall tjmes appointed, in good
come & catle, at the currant price. And it is further ordered, v/*^ the consent
of the partjes concerned, that in consideration of the sajd Bojden bringing vp
the sonnes of the sajd Morse to reade & write, that in case the sonnes shall
choose theii-e guardians at fowerteene yeares of age, & goe to trades, the sajd
Boyden shall keepe theire portions w"=out paying vse for any of them
till they attaine theire ages of twenty one yeares, or day of marriage,
provided the next Generall Court doe allow & approove of this order. 31
Jan'^y, 1660.

P the Court. EDWARD RAWSON, Recorder.

W* -f Court did allow of as is aboue exprest.

Cambridg, 1000
acr« of land to

be Id out. On request of the deputjes of Charls Toune, the Court judgeth it meete



THE MASSACHUSETTS BAY IN NEW ENGLAND. 19

to appoint M' Tho Nojes & M' Jonathan Danforth, or either of them, to lay 1661.
out the graunts of y» Court to Cambridg & Charls Toune schooles. IS"' ""^ "^ '
October, 1659. ^^^'''■

In ans' to the peticSn of M"^ Peter Hubbard, of Hingham, for this Courts Courts ans' to
healing of the case tried at the last County Court betwene Josiah Cooper & peticon.
himself, the Court judgeth it meet to referr the hearing of the case till next
Court, & in the Interim order the execution ag' sajd M'' Hubbard to be sus-
pended, & y' M"^ Hubbard is hereby debarred from making away any part of
his estate during that time.

Vpon information given to this Court of seuerall misdemeanors coinitted M' Thorp si-
by M'' John Thorpe, who vndertakes to be a preacher at Scarborough, in ^"^ '
answer wherevnto this Court doeth order, & the sajd Thorpe is hereby enjoyned
that, after due notice hereof, he forbeare to preach any more vntill Yorke Court
next, where the connstable of that toune shall warne him to appeare, together
w"' such wittnesses or sufficjent testimonjes taken vpon oath before any
empowred to take evidences in that county, w""" id County Court shall
examine the ground of this complaint, & proceed therein as the lawes of this
comonwealth doeth provide.

The Court, considering that M"^ Thomas Flynt, deceased, served the Ans' to M'
country in the magistracy & other publicke capacitjes, & some whiles after gocTacres.^'^™'
publicke allowanc was payd vnto the magistrates, & had no recompence nor
any graunt of lands, and that y° id M' Flint left a widdow & numerous
family, many whereof were in minority, w"'' his second sonne, John Flint,
hath, vnder God, binn a great instrument, by his care & dilligence, to support
& mainteine, together w* his dutifull serviceablenes to his mother, improoving
the estate left, judg meete to graunt to the widdow of y* deceased M"^ Flint
& hir Sonne John eight hundred acres of land, to be sequally divided betweene
them ; that Joseph "Wheeler, Lef? Goodnow, & Ensigne Noyes be a comittee
to see the same lajd out in a fitt place, free from former graunts & not ^u-
diclall to a plantation, making returne thereof to the next Court of Election
for the confirmation thereof.

It is ordered by this Court, that Capt Thomas Sauage & M'' Joseph Hills Audittorsfory
be a comittee to examine and take the Tresurers account, so as to make returne
thereof to the next Court of Election, & that the Tresui-er giue notice of time
& place to doe the same.

Itt is ordered, that all the Quakers now in prison be acq^uainted w"" the Quakers dis-
new lawe made ag' them, & forthwith released from prison, & sent from conn- °'

stable to constable out of this jurisdiction ; & if they, or any of them, be found
after twelve bowers w"'in the same, he or they shall be proceeded w"" according



20 THE RECORDS OF THE COLONY OP

1 G 6 1 . to y^ law made this present Court, Peter Peirson & Judah Broune excepted,

" "^ ' persons condemned to be whipt [In the prison only w"" twenty stripes apeece.J
"/ ' *Judah Broime & Peter Peirson having bimi indicted, at the last Court of

[_ oovJ.J

p . „ Asistants, for Quakers, & there standing mute, refusing to giue any answer,
Brounes sen- being bound ouer to this Court to ans' theire contempt, & here standing mute

tence.

also, the Court judgeth it meete to order, that they shall, by the connstable
of Boston, be forthwith taken out of the prison, & stript from the girdle
vpwards by the executioner, & tied to the carts tayle & whipt thro the toune
w*'' twenty stripes, & then carried to Eoxbury, and deliuered to the connstable
there, who is also to tye them, or cause them, in like manner, to be tjed to a
carts tayle, & againe whip them thro the toune with tenn stripes, & then
carried to Dedham, & deliuered to the connstable there, who is againe in like
manner to cause them to be tjed to the carts tayle & whipt w* tenn stripes
thro the toune, & from thenc they are imediately to depart this jurisdiction at
theire perrill.
i^Orderfora This Court, considering the many favor's wherewith the Lord hath binn

aiuimj '^^ ^' P-l^^ased to compasse vs about for so many yeares past in this remote wildernes,
& in speclall the gracious answer that he hath giuen vs to our late supplica-
tion & humbling of ourselves before him, in giuing vs favo'' in the eyes &
heart of our soueraigne lord & king expressed in his gracious acceptance &
answer of our late addresse to his maj'y, together av* our present enjoyments
in our churches & Courts y' are yet continewed to vs, as also the mercjes that
wee haue had in being preserved from contagious diseases & suiteablenes of the
season this present spring, & continuance of the Hues of so many of his aged
servants of publicke vse in church & coiiion wealth, euen while he seemed to
threaten vs w*'^ so great & vnparralell losse in such juncture of time as this
is, doe coiiiend vnto our beloued brethren & neighbors of this colony the
tenth of July next that it be kept a solemne day of thanksgiving & returnic
praises vnto our good God for these & ma'ny other his great favo's, as well
publicke & others more private, vnto w* duty all the people of this jurisdic-
tion are enjoyned theire due observance, that so thro his gracious acceptance
of our vnfeigned desires to acknouledge our sole dependance on his fauorable
aspect towards vs, he may still delight in vs to dwell amongst vs, & to be our
Guide in all the weighty concernments of this comonweale, so as that all our
consultations & conclusions may be agreeable to his will & the hono'' of him
whose name wee proffesse, & the blessing of our present enjoyments, both
temporall & spirittuall, may be left as a legacy to ours after vs.
Wendlock The Court, hauing considered what "Wendlocke Christopherson could sav

Christopher- _ _ j^ j

eons sentence, for himself in refference to his appeale from the judgment & sentence of the



June.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 21

Court of Asistants pronounced against him in March last, being brought to 1 G 6 1 .
the barr, judge meete to order, that the Gouerno'' pronounce sentence of death
against him in open Court, & to declare that the tjme of his execution shall
be on the 13"^ day of this moneth of June, presently after the lectare, by
warrant from the GoQno' ; provided, neuerthelesse, that if the sajd Christo-
pherson any time before his execution shall desire the Courts favo', & by a
writting vnder his hand engage that he will forthwith depart this jurisdiction
& from thenceforth returne no more into it, w'^'out first hauing obteined leaue
from the Generall Court or council, he shall therevpon be dischardged. The
GoQno'^, in open Court, the prisoner being at the barr, pronounced sentence
of death ag' him, & acquainted him w"^ the Courts favo"^ in case.

The Court vnderstanding that Nicholas Vpshall, now in prison, is an oc- Nicho. Vp-
casion of drawing many Quakers & others affected to that sect thither, for ^e,jt
pvention whereof, it is ordered, that the sajd Nicholas Vpshall be forthwith
sent to the Castle Island, there to remajne vpon his oune charge, & that none
be suffered to come vnto him to spealce or conferr w*'' him, except such of his
oune family w'^'' may come to bring him necessary supplyes, & this order to
continue till the Court take further order. The capt of the Castle is to see
to the due observation of this order.

*Whereas some Indians, as wee are informed, pretend an interest in some [*381.]
part of the lands of Henry Sewall, w"*" Ijeth at Newbury Falls, sometime M"' O"''!" - ^i^' M'

Sewall.

John Spencers, w* lands were purchased of the sajd Spencer, & also haue
binn confirmed by the toime of Newbury vnto the sajd Henry Sewall, it is
therefore ordered by this Court, that if it shall appeare vnto the sajd Henry
Sewall that the sajd Indians or any other haue any legall right vnto any part
of the sajd land, that the sajd Henry Sewall shall heereby haue liberty to pur-
chase the same of the sajd Indians.

For as much as it appeares to this Court that it is necessary that some Commissioners
person or persons be invested w* magistratticall power referring to Salem & ]^!,,.b^c'^^aj
Marblehead, there being more then ordinary neede thereof, that iniquity may
not passe vnpunished, & the occasions of those tonne provided for, it is there-
fore ordered, that for the yeare ensuing the three comissioners of Salem, or
any two of them, meeting & concurring, shall & hereby are invested w"^
magistratticall power in Salem & Marblehead for the yeare ensuing.

Itt is ordered, that the tonne of Hlngham pay as a fine to the country Hingham fined

5"

the soiiie of fine pounds for not sending a deputy to this Generall Court, as y^
lawe in such case provides. Springfeiia &

Vpon a motion made by the deputys of Springfeild & Hadley, it is or- Northampton

rate free for a

dered, that the sajd Springfeild & Northampton be allowed theire country yeere.



22



THE RECORDS OF THE COLONY OP



1661.

— Y —

June.



K.ittery
bounds.



Ans' to Ben.
Gillams peti-



Cap* Johnson
Sc M' Cole
land.



[*382.]



rate, for this yeare ensuing, for & towards the erecting of a prison or house
of correction at Springfeild, so as the sajd house amount to sixty pounds or
vpwards, & be finished by the next Court of Election, & returne made
thereof to sajd Court.

Whereas there was a certaine returne sent in to this Court by some of
the toune of Kittery for bounding theire tounship in the head line of the sajd
bounds backe in to the country, the legallity thereof not so well appearing, it is
therefore ordered, that jNIajo'^ Nicho Shapleigh, M"^ Abraham Preble, & M'
Ezekiell Knight, or, if by sicknes or weaknes he cannot attend it, M' Samuell
Wheelewright, are appointed a comittee to lay out the head bounds aforesajd
from Quampehon, & so to y'' extent thereof, & to make a newe returne of the
same vnto the next Court of Election.

In ans"' to the peticon of M"" Benjamin Gillam, it is ordered, that the
Tresurer, M"^ Duncan, & M"^ Edw Ting be & are heereby appointed a
comittee thoroughly to examine the accounts to his peticSn anexed, & make
theire report to the next Court what they shall finde justly due, that so the
Court may vnderstand the grounds of his peticon, & what to doe therevpon.

In ans"^ to the peticon of Cap? Edward Johnson, the Court judgeth it
meete to confirme Cap? Johnsons graunt according to the limitation re-
specting him & M' Samuell Cole, according to Courts order, October 18*,
1659, being now layd out as p plott on file ; and considering that M' Cole was
an auncient adventurer in the publicke stocke, & hath binn long out of his
money, beene at great chardges & losse in this buisnes, hath approoved him-
self respectiue & serviceable to this Court, the Court judgeth it meete to
graunt M"^ Samuell Cole three hundred acres more in any place free from
former graunts. M'' Jonathan Danforth & John Parker, or either of them, are
hereby appointed to lay it out, & make returne thereof to the next Court of
Election.

*In ans'^ to the complaint of Wassamegin, sagamore of Quabacooke, &
the Indian inhabitants there, it is ordered, that letters be sent from this Court
vnto Vncus, signifying how sensible wee are of the injurjes by him donne vnto
vs in the outrages by him comitted by his hostile invading our subjects at
Quabacook, who there line vnder "Wassamegin, theire sagamore, by destroy-
ing & killing of some, by carrying away & keeping others captiues, & by
spoyling them of theire goods to y* value of thirty seven pounds, as they com-
plaine ; willing & requiring of him, the sajd Vncus, to yeild & deliuer vp
the sajd captives, & to make restitution for the goods by him so taken from
our sajd subjects, and that for time to come he forbeare all hostillitje & vn-..
lawfull violence towards the persons, lands, & goods of our sajd subjects ; & if



THE MASSACHUSETTS BAY IN NEW ENGLAND. 23

our said sutjects haue donne or shall doe any injury to him or or his subjects, 1661.
that on complaint to ys, & due proofife thereof, he shall be righted. ''

June.

2. That Vncus be giuen to vnderstand, & be assured from this Court, ™-assame ins
that if he refuse or neglect to release & deliuer vp the aforesajd captiues, and declaration ag'

Vncas.

also to make restitution for the goods taken from our sajd subjects, that wee
then are resolved, the Lord asisting, to right our foresajd injurjes vpon him &
his subjects for the same, and for all the charges whatsoeuer, that shall arise
in the prosecution thereof.

gtUy. That if the sajd Vncas shall put vs to right ourselves by warr vpon
him, that wee shall then recLuire sattisfaction also for the Hues of our subjects
by him slajne as aforesajd hitherto.

4""^. That for the encouragement & safety of the sajd "Wassamegms &
his subjects, there be, by order of Majo' Willard, 3 or 4 armed men, well
accoinodated in all respects, w* a proportion of pouder, buUetts, & match
sent from Lancaster to Quabacooke vnto the sajd Wassamegin, there to stay a
night or two, & to shoote of theire musquetts so often and in such uise as the
majo' shall direct, to terrify the enemjes of Wassamegin, & so to returne
home againe.

5'y. That either the majo"^, or the souldiers by his order, advise "Was-
samegin & his subjects there, that the Generall Court, the Goflno'', Deputy
GoS.n', and magistrates shall take it as an assured token of theire hearty loue
& fidellity to the English, & of theire thankfull acknowledgement of all
fe,vors extended to them, if they would lett the English haue the bringing vp
of those captiues now to be released, & of some of theire sonnes also, by
meanes whereof they may the better know & serve God, & be the more help-
full to theire oune kinsfolke, freinds, & countrymen afterward, and that M"^
Eliot be desired to second & forward the motion to Wassamegin & his subjects
as often as seasonable occasion shall be ministered.

6^y. That either the majo' generall or Majo' Willard, or the souldjers to
be sent as aforesajd in the name of this Court, advise & requler Wassamegin
and his men to be very carefidl of injuryng or any wayes provoking of Vncas,
or any of his men, as he will answer our displeasure therein, and incurre due
punishment for the same ; and that if, notw*''standing his innocency that way,
that Vncas shall invade or injure him as formerly, that he giue notice thereof
vnto Majo' Willard, who, vpon manifest invasion and assault of the enemy,
shall act & doe according to lawe, in case of alarmn, so farre as to him seemes
necessary ; & this shall be his sufficient warrant for the same.

Vpon the motion of Wendlocke Christopherson, the prisoner, making Xtophersons

pardon & dis-

known his freedome to depart this jurisdiction, the Court graunts & orders chardge.



24



THE RECORDS OF THE COLONY OP



1661.

June.

[*383.]

Quakers dis-
charge.



Chaiis Toune
Courts ad-
journm'.



Comittee to
consider of y
pattent, &2.



liim his liberty, he departing this gouernment when he shall be lett out of
prison assoone as may be.

*Itt is also ordered, that Wendlocke Xtopherson, & all the Quakers now
in prison, be forthw"^ acquainted w"^ the new lawe made against them, &
forthwith released from prison & sent from connstable to connstable out of
this jurisdiction, Judah Broune & Peter Peirson being, for theire contempt
in Court, tyed to the carts tayle by the executioner, & whipt through Boston
w"^ twenty stripes a peece, & then sent w*"^ the rest ; & if any of them be



found after twelves howres w"'in this jurisdiction, he or they shall be proceed-
ed w"* according to y" lawe made this present Court.

Itt is ordered, that the County Court at Charls Toune shall & is hereby
adjourned to Twesday fortnight, at eight of the clocke in the morning, & all
attachments & warrents to be continewed.

For as much as the present condition of our affaires in highest concern-
ments call for a dilligent & speedy vse of the best meanes seriously to discusse
& rightly to vnderstand our liberty & duty, thereby to begett vnity amongst
ourselues in the due observance of obedjenc & fidelity vnto the authority of
England & our oune just priviledges, for the effecting whereof it is ordered
by this Court, that M"^ Symon Bradstreete, M' Samuell Symonds, Maj' Gen
Denisou, M"^ Danforth, Majo' W" Hauthorne, Capt Tho Sauage, Capt Ed-
ward Johnson, Cap? Ehazer Lusher-, M'^ Mather, M' Norton, M'^ Cobbet, &
M"^ Michell be & hereby are appointed a cofnittee, imediately after the disolu-
tion or adjournment of y" Court, to meete together in Boston on second day
next, at twelve of y'= clocke, to consider & debate such matter or thing of
publicke concernment touching our pattent, lawes, priviledges, & duty to his
maj'5' as they in theire wisdome shall judge most expedient, & drawe vp the
result of theire app>hensons, & present the same to the next session for con-
sideration & approbation, that so (if the will of God be) wee may speake &
act the same thing, becomeing prudent, honest, conscientious, & faithfuU men.



[*384.] *^it the Sessions of the Generall Court, held at Boston, the tenth
10 J'^"^- _ of June, 1661.

THE Court mett at the time appointed.
The ans" of the cofnittee vnto the matters proposed to theire considera-
tion by the honnored Generall Court : —



THE MASSACHUSETTS BAY IN NEW ENGLAND. 23

1. Concerning our libertjes. 1661.

1. Wee conceiue the pattent (vnder God) to be the first & maine founda- "<
c6n of our civil politye here, by a GoQn' & Company, according as is therein
exprest.

2. The Gofln'' & Company are, by the pattent, a body politicke, in fact &
name.

3. This body politiitcke is vested ■w*'' power to make freemen.

4. These freemen haue power to choose annually a GoSn'', Dep' GoUn',
Asistants, & theire select rejpisentatives or dep'^.

5. This goUnment hath also to sett vp all sortes of officers, as well supe-
rior as inferior, & point out theire power & places.

6. The Gofino"", Dep' GoQtf, Asistants, & select representatiues or dep*° Courts confir-
haue full power & authoritje, both legislative & execcutive, for the goiinment of ^omittees re-
all the people heere, whither inhabitants or straingers, both concerning eclesi- *"'^"® ™ ^^^^'

tion to our

asticks & in ciuils, w'^'out appeale, excepting lawe or lawes repugnant to the liberty from

, , _ . . & duty to his

lawes 01 Jiingland. maj'j.

7. The goQnment is priviledged by all fitting meanes (yea, and if neede
be, by force of armes) to defend themselves, both by land & sea, against all such
person or persons as shall at any tjme attempt or enterprise the destruction,
invasion, dettriment, or annoyance of this plantacon, or the inhabitants therein,
besides other priviledges menconed in the pattent, not heere expressed.

8. Wee conceive any imposicon prejudicjall to the country contrary to any



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