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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sixe rod; from L to K, along by the same mounteine fine miles forty rod south
& by east two degrees easterly ; ffrom K to I, vpon a streight Ijne two miles &
a halfe 8f a half west halfe a point southerly; ffrom H to I, vpon a streight
line south halfe a point easterly, fower miles ; firom G to H, noi-west fower de-
grees, westerly three hundred sixty two rod ; ffrom E to G, S. S east three
degrees southerly, one hundred & sixty rod; from E to F south southeast,
west three degrees southerly, eighty eight rod ; firom D to E southwest one



11 October.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 283

hundi-ed and eight rod ; from C to D south south east eighty rod ; ffrom B to 166 5.

C south & by west three degrees -westerly, five hundred & eighty rod ; from

A to B west north west two degrees westerly, one mile twenty rod. This

tract of land is lajd out at a place called Pecumptick, to answer the grant of

the honoured Generall Court made to Dedham for the lands at Natick, which

the Indians are setled ypon, hy the Courts order, it lyinge northward from

Hadley about tenn or twelue mOe. Layd out as abouesajd May, 1665,

By me, JOSHUA FISHER.

The Court allowes & approoues of this returne, provided they make a Vide p* 711.
toune of it, to majntejne the ordinances of Christ there once w^'ln five yeares,
& that it interfere not w"' Maj"" Genii Dennison & Hadley grant.

In answer to the petition of Concord for an enlargement of their bounds, Ans' to Con-
this Court doe grant them a tract of land conteyned in a platt returnd to this 3000 acres
Court, vnder the hand of Ensigne Noyes, by estimation the whole being about S^^^^^^-

^ , Tide p' 586.

fiue thousand acres, whereof the Court reserveth two thousand acres, to be
lajd out to either Indians or English, as this Court shall see meete hereafter
to dispose & grant ; and the remainder, being about three thousand acres, this
Court doe grant to Concord, so as ,the same doe not abridge any former grant
made by this Court. And it is ordered, that Leift Beers & Lef? Nojes lay out
the same, & make their return to the next Court of Election.

In answer to the peticon of Cap? Richard "Walderne, Israeli Wight not Ans' to Cap*
appearing at this Court, to which the petiooner was referred, the Court judgeth ^^^ refferfnge'*
it meet to give further time for heareing of this case at the next Court of *°^.^^,'''''" .

° Wight, &c.

Election, & that the petitioner give timely notice to the sajd "Wight by a
sumons, or by leaueing the same at the place of his last aboade.

In ans' to the peticon of John Saffyn, M'^ Pajne being goun out of the Ans' to John

. 1 ' J* 1 ' j^ 1 1, Saffyns petti-

jurisdiction (before sumons was given to him lor a hearing ol the case be- g^^^ ^g_
twene him & the sajd Safiln at this Court) on his occasions, the Court judgeth
it meete to grant the peticoner, M'' John Baffin, a hearing of his case, men-
tioned in this petition, at the next Court of Election, he giving M' Pajne
timely notice thereof.

In answer to the petition of Thomas Chandler, the Court being sencible Ans' to Thom-

n \.' n ^^ Chandlers

of the great inconveniency that hath already acrued, as well to this Court as peticon.
trouble to the Indians, by the Enghsh intrenching vpon the propriety that
hath been setled in an orderly way, doe not judge it meete to make any con-
cession to the petitioners request, but doe referr him to require recompence
of such as haue led him into the same, & to take the land due to him as the
lawe doeth warrant.



284



THE EECOKDS OF THE COLONY OF



1665.

11 October.
Newbery fine
of ten pounds
to be speedily
levjed.

[*557.]

The returne of
M' Corletts
farme of 300
acres from Ne-
tuB Indian ac-
cepted, &c.



The toune of Newbery being fined, for not sending a deputy y* last Court
of Election, the summe of ten pounds, this Court doeth order that the secre-
tary give warrant to the inarshall speedily to levy the same, & to make returne
thereof to the country Tresurer.

*To the honoured Generall Court assembled at Boston, in New England,
this instant October, 1662, humbly sheweth this honoured Court, that wee,
Edmond Rice, of Marlborough, & Thomas Nojes, of Sudbury, in obedience
to the grant of the honored Court, 23"^ May, 1661, giving & granting liberty
to M' Elijah Corlet, of Cambridge, to purchase & receive so much land of
Netus, Indian, at Nep Nap, as shall, in the judgement of vs aboue written,
pay & satisfy the sajd EHjah Corlet the suine of fower pounds and tenn shil-
lings, together w"" other charges ; all which sajd charges & principall amotint-
eth to seven pounds & tenn shillinges ; for all which sajd sume wee aboue
written haue, w"" the consent of the Indians at Nepnap, lajd out & measured
to the sajd Ehjah Corlet, at the north end of Nepnap Hill, being about three
miles distant northerly from the Indian plantation," three hundred and twenty
acres ; the first line of the sajd farme begining at the southwest angle of the
sajd farme, runing a due east line two hundred & twenty rods ; and from
thence a north & by east Ijne, neerest hand, one hundred & sixty rods ; &
from thence runing a west & by north Ijne, one hundred & fifty rodds ; &
from thence runing a north. & by east Ijne, one hundred & twenty rods ; &
from thence runing a west & by north line, eighty rodds ; & from thence
runing a south line, one hundred & forty rodds ; so ending & flnnishing the
sajd farme of three hundred & twenty acres, desiring this may be recorded
in the Corurt records.

Yours in any service to our power.

EDMOND EICE,

THOMAS NOYES.
Charls Toune, 17 : 10 : 1662.

This returne being presented to the Court, w*'' the order of the Generall
Court warranting the same, they accepted thereof vpon record, & doe ap-
prove thereof.

THOMAS DANFORTH, Records



This being presented by M'^ Corlet for this Courts allowance & approba-
tion, the Court, on his request, allowes & approoues of this returne.

Cap' Lushers
250 acres lajd

out. Lajd out & exactly measured, according to rules of art, the aboue granted



U October.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 285

two hundred & fifty acres, vnto Captaine Eleaz' Lusher, October, 1659 ; the 1665.

south angle thereof being neare Medfeild new grant, & the north angle thereof

being neere the southwest angle of Naticke bounds ; as also twelue acres of

meadow, being in two parcells beyond the northwest angle, being & lying

on a brooke, Wenunkeynnj Brooke, makinge up the full complement of the

two hxmdred & fifty acres, being more amply described by the vnderwritten

plott, w'='» is left on file.

By me, JOSHUA FISHEK.

The Court allowes & approoues of this returne.

In ans'^ to the petition of Mrs. EUinor Hooke, the Court granted hir a Ans'toM"
hearing of hir case betweene hir & Cap? Thomas Clarke ; & both partjes ap- ?°°''" ^^"'
pearing, the Court having heard what both partjes could say, judge it most
expedient to referr the peticoner to the ordinary course of justice, as the lawe
provides.

On cirtifficat from the selectmen of Springfeild, & M'^ Pelatiah Glover, Tho. Mirrick
minister there, that Thomas Merrick, a setled inhabitant there, is, according fj-eemln ° "'
to law, rateable, orthodox in religion, of pious & laudable conversation, the
Court Court allowes & approoves of him to be a freeman of this juris-
diction.

In ans"^ to the petition of Nobstow, Wanalancet, Nonatomenut Indians, the Ans' to Indi-
Court judgeth it meete to grant M"^ John Euered aljas "Webb fiue hundred jfiohltow""^'
acres of land adioyning to his lands now in his possession, vpon condition 'W'annaiancet,

. . . . . . . . &o, ab' island

that he release his right & interest in an island in Merrimake Rluer, called in Menimacke

Wicosuck, w^^ was purchased by him of the Indian petitioners, w"* the Courts

approbation ; & also vpon condition that one of the petitioners, called Wama-

lancet, doe release to this Court a former grant to him of one hundred acres of

land ; and the Court doe grant & confirme the sajd island called Wicosucke

vnto the peticoners, with any other Indians that haue or had any true right

& propriety in the same before it was purchased ; provided, the sajd Indians

shall not sell nor alienate the sajd island, or any part thereof, w^'out this

Courts consent ; & John Parker & Jonathan Danforth are appointed to lay 500 acres land

out this grant of five hundred acres to John Euered, at the charges of the |„g^g^°

sajd Euered.



alias
Webb.



*!=' Proposall. [*558.j

Whither y® colours shall be put In answer to the seuerall propo-

out at the Castle if any vesselle be sails made by the cap? of the Castle,

coming in bearing 2 topsailes, or w' Capt Roger Clap, w* are on file, the



286



THE RECORDS OF THE COLONY OF



1665. else shall be -f rule to be observed in



11 October.



Y case.



% Prop.
If the coulo" be out at y* Castle,
& any barke or catch, passe by & doe
not strike, w' shall be donne in such
a case.

3 Prop.
If any shot be made to any ves-
sell to cause them to doe y' duty, w'
is to be pd, & by whom to be taken.



4 Prop.

Whither the 6^ 8 due from
strangers shall be taken by y* cap?
of the Castle or his order, & he
giue acco' yearly to y° Tresurer, &
whither stoppage of shipps w"'' have
not cleared may be donne w*''out fur-
ther order.

5 Prop.

"Whither the cap? of y" Castle
may procure roads ankers for boates,
triming when they are leakye, & signe
a bill to y* Tresurer, or how els it
shall be donne.

6 Prop.

How & by w' way y* souldiers



Court declares, that they leaue it to
the present cofnander at the Castle as
he shall judge meete to aduance the
coulo'' there, he attending vnto his
comission & the security of the coun-
try by all due care & watchfulnes, so
as they be not surprised by lesser as
well as greater vesseUs.

To the 2* & third. That if the
coulo'^ be advanced on the Castle,
then all vessels coming by carrying
any topsaile, they ought to shew their
subjection by lo wring ; & in case of
neglect, a shot to be made, for which
the sajd master of the sajd vessell
shall pay sixe shillings eight pence ;
& if a second shott be made, he shall
pay thirteene shillings & fower pence
more ; and the captaine or coiiiander
to take the same, he giving accompt
thereof to the Treasurer.

To the 4"^. What is to be pajd
in that case, the captaine, or by his
order, to receave the same, giving
accoumpt thereof to the Treasurer, &
they not to passe out till they haue
dischardged what the lawe requires.



To the 5*''. That such things as
are necessary in respect of the things
named, or such like, either the cap-
taines order by bill to any, or his
owne accoumpt, the Treasurer to al-
low on the countrys account.

To the e"*. If the order already



THE MASSACHUSETTS BAY IN NEW ENGLAND.



287



who are listed for y' Castle shall be
conveyed doune in case of an alarum
& vpon three days of trayning.



. 7 Prop.
"What shall be y° alarum of y*
Castle.



8 Pro.
W*er three days trayning in a
years be not suiScient, seeing y° dayes
must be all in y* summer, when dayes
are long, because some of the souldiers
must come 7 miles, w* their armes,
if not more, & the spring & fall is
very windy, & sometimes cold.



made, August last, provide not in
that case, they judge it necessary that
boate or boates be pressed by order
from the Gouerno' or any other
magistrate. & the charge to be payd
by the Tresui*r of the country.

To the T\ The alarum at the
Castle shall be the advancing of two
coulo" vpon one staffe, one aboue the
other, & the firing of two great
gunns, if in the day time ; if in the
night the alarum be given, it shall be
by firing two gunns, & making a fire
in the most vissible part of the island.

To the 8*. The order of Court
already hath stated it.



1665.

" Y -'

11 October.



9 Prop.
Whither this Court will appoint
& order the drummer some 10' or 12'
p annu, if there be not fines for de-
fects to pay him so much.



10 Prop.

Whither this Court will please
to order y* Tresurer to appoint some
toune to send vs some wood.



To the 9* & 12"' proppo. That
a drumme, & pattizan, & holbards be
provided by the charge of the coun-
try, & there to remajne, & no other
pay to bee allowed for the ordinary
traynings.

To the 10*. The Tresurer hath
answered in the affirmatiue ; and it is
ordered, that he shall take care it may
be timely donne, the garrison allow-
ing for it out of their sallery if other
provision be not made.



288



THE RECORDS OF THE COLONY OF



1665.

' Y-— '

11 October.



11 Prop.

Whither y° listed soiildiers be-
longlnge to the Castle must not haue
alwayes by them fixt armes of y'^''
oune, & y^ same quantity of pouder
& bullets as other souldiers haue,
vpon the same poenalty.



To the 1 1*''. They answer in the
affirmatiue.



12 Prop.

Whither this Court will be
pleased to appoint the Tresurer to
provide or to pay for a patison, hol-
bards, &S, & such armes so provided
still to remajne to be the countrjes,
& y' oiEcers to keepe them in
repaire.

13 Prop.

Whither the Castle shall salute
first any shipps coming from Eng-
land about his maj"*^ service.
p ROGER CLAP,

Cap? of y^ Castle.



To the 13'". They judge it meete,
that if any of his majestjes ships
should come, that the Castle salute
them first.

That these aboue written are the
Courts seuerall answers to the seuer-
all proppositions made by Capt Roger
Clap, cap? of the Castle, written in
the margent, attests

EDW: RAWSON, Secrety.



[*559.]

Courts ans' &
judgm* in M'
Tilly & his
wifes case.



Ans' to Jn"
Sternes peti-
con.

Aus' to Jn*"
Euereds peti-



*In ans' to the petition of M"^ Willjam Tilley, the Court, hauing heard
what he & his wife could say for themselues, judge meete to order & enjoyne
M'^ Tilley & his wife forthwith to Hue together as man & wife, that M' Tilly
provide for hir as his wife, & that shee submitt hirselfe to him as she ought,
on the posnalty of forty pounds on his part, & imprisonment on hirs.

In ans"^ to the petition of John Stemes, of Billirrica, humbly craving an
abatement or remittment of his fine, imposed on him by the County Court at
Charls Toune, the Court sees no cause or reason for any abatement.

In ans' to the petition of Jn" Euered aljas Webb, humbly craving this
Courts favo'', &6, the Court, on hearing of what M"^ Jn° Euered sajd in open




THE MASSACHUSETTS BAY IN NEW ENGLAND

Court, judge It meet to discharge him & his suretjes from his & their bonds
for his good behauiour only at present.

In ans'' to the peticSn of the inhabitants of Eouley, on the one parte, & „ ^ I

^ J ' I ' Courts ans' &

Zackeus Gold on the other part, the Court, hauing heard what both partjes judgm' in Rou-

T T - . Icy & Zackeus

could say ior themselues, judge meete to order, that the farme of three hundred Golds peticon
acres, on which Zackeus Gold doeth Hue, that was formerly M' Pajnes & Capt * "^^^^^i be^
Patricks, shall be Ijable to pay all charges to Topsfeild till this Court shall t^. them,
take further order, & haue priviledges accordingly, and that Zackeus Gold
& Rouley shall pay fine pounds seq^ually betweene them for the Courts
charges in hearing of the case.

Layd out to the toune of Boston, in refference to their free schoole, one May 13", 1664.
thousand acres of land, more or lesse, in the wildernesse on the north of ^°^*°°' ^"".^

acres for y"ir

Merimake Eiuer, vpon a brooke which runnes into a pond, called by the In- schoole i*" out
diaus Wisconemuck Pond. It begins at a black oake, standing vpon a ridge
of land betweene two meadows, bounded w''' H on the south east, & w"" B on
the west, which is the most northerly angle of this farme, which line is fower
hundred thirty two pole, running south east & by east, vnto a heape of rockes
Tpon a hill, which is the east angle ; & from thence it runnes southwest & by
south fower hundred twenty two pole, vnto a walnut tree marked w"' H ;
from thence it runns halfe a point northerly of the northwest, fower hundred
& sixty poles, vnto a black oake marked w"' H & C, which is the most south-
erly angle of this farme, & the north angle of a farme lately lajd out for M'
Chancy ; also, M'' Chancys farme doe bound it on this east side fower hun-
dred eighty eight pole ; & from this blak oake it is runne three hundred
twenty fower pole, to the first blake oake, which is the closing Ijne ; all w*
is sufficiently bounded, & the figure & forme thereof is more fully demon-
strated by a plott taken of the same

By JONATHAN DANPOETH, Survejo^

The Court approoues of this returne.

In answer to the peticon of M' John Endecot for the setlinge of his Administra-
fiathers estate, the Court judgeth it meete, that administration to the estate of fo^se^tM^g^
the late Jn" Endecot, Esff), be granted to M" Elisabeth Endecott & hir two «''2°' ^nde-

■•■ ^ cotts estate.

sonnes, John & Zerubbabel, & that an inventory of the sajd estate be given
in to the next County Court at Boston, & they to dispose of the same as the
lawe in that case directs. Edw. Colcords

case uismist y

Edward Colcord being three times called, & neither himself nor any court.

VOL. IV. PART II. 37



290



THE RECOEDS OF THE COLONY OF



1G65.

11 October.
Order requir-
ing to sunion
Gold t com-
pany



[*560.]



Courts testl-
mony & order
agi ye Anna-
baptists.



other for him appearing, his cause mentioned in his peticon Was dismist the
Court.

Whereas, at the last Court of Assistants, Thomas Gold & his company,
sundry of them, ■were openly convicted of a schismatticall rending from the
coinunion of the churches heere, & setting vp a publick meetinge in oppo-
sition to the ordinances of Christ here publicly excercised, & were solemnly
charged not to persist in such their pernitious practises, yet this notw^^stand-
ing, (as this Court is informed,) they doe still persist in contemning the author-
ity here established, it is therefore ordered, that the aforesajd Gold & com-
pany be sumoned before this Court to give an account of such their irregular
practises, together w"" their celebrating the Lords supper by an excommunica?
person.

Warrant issued out accordingly.

*The partie appeared. After a due hearing what they had to say, the
Court proceeded. Whereas Thomas Gold, W™ Turner, Edward Drincker,
Thomas Osborne, & Jn° George, being summoned before the last Court of
Asistants, held at Boston in September last, were legally convicted of a schis-
matticall opposition to the churches of Christ here setled, & of prophaning
the holy appointments of Christ, &, in speciall, the sacraments of baptisme
& the Lords supper, by administring the same to persons vnder censure of an
approoved church among us, & presuming, as a couert of theise their irreligious
& pernicious practises, to declare themselves to be a church of Christ, —

On consideration whereof, the Court solemnly admonished the sajd per-
sons of their great euill in attempting, w"' so high a hand, to polute & pro-
phane Gods holy ordinances, they being not only privates, but also some of
them excommunicate persons, that haue intermedled in the administration of
those ordinances, ■ that are propper only to ofhce trust. And also, the sajd
Court solemnly charged them that, for the future, they desist from such their
meeting & irreligious practises, as they would ansuer the contraiy at their
perrill. And whereas Thomas Gold, W™ Turner, Thomas Osborne, Edward
Drincker, & Jn° George were suinoned before this Court, & by their oune
acknowledgment doe stand convicted of non observation & submission unto
the abouesajd sentence & charge of the Court of Asistants, professing their
resolution yet further to proceed in such their irregular practises, thereby as
well contemning the authority & lawes here established for the maintenance
of godlines & honesty, as continuing in the prophanation of Gods holy or-
dinances.

This Court, taking the premisses into their serious consideration, doe
judge meete to declare, that the sajd Gold & company are no orderly church



THE MASSACHUSETTS BAY IN NEW ENGLAND. 291

assembly, and that they stand justly conuicted of high presumption against 1665.

the Lord & his holy appointments, as also the peace of this gouernment, ' "

against which this Courte doeth account themselues bound to God, to his " °'''°^^''
trueth, & his churches heere planted, to beare their testimony, and doe there-
fore sentence the sajd Gold, Osborne, Drincker, Turner, & George, such
of them as are freemen, to be disfranchised, & all of them, vpon conviction
before any one magistrate or Court of their further proceeding herein, to
be comitted to prison vntill the Generall Court shall take further order
w''^ them.

Zeckaryah Roads, being in Court when they were proceeding ag' Tho
Gold & company, saying in Court that the Court had not to doe w"" matters
of religion, for w<=^ he was comitted, being sent for, acknouledging his fault,
& declai-ing he was sorry he had given them any oifence, &6, —

The Court, hauing considered of Zekariah Eoads answer, given in refer- Eoads admon-

ring to those expressions of his w"'' were oiFensive to the Court, judge meete, o/'^e°n'"t™'^'^

vpon his acknouledgement already made, to discharge him the Court, the bold w'" Courts,
... . . . . '^^•

Gouerno'' giving him an admonition for his sajd oifence.

In answer to the peticon or remonstrance of John Hoare, the Court, Ans' to Jn»
finding that seuerall of the magistrates, & some others, are impeached for not remonstrance,
doing justice, & other complaints of a veiy high nature, doe therefore order,
that a hearing be granted to the petieoner, & that due notice be given to the
complaynant to appeare to make good his seuerall charges, or otherwise to
give answer for the same. Notice was giuen accordingly to the sajd Hoare ;
and the sajd John Hoare appearing in Court, his peticon or remonstrance
being read, w* such euidences as he produced, the Court proceeded as
foUoweth : —

Whereas John Hoare, of Concord, hath presented to this Court a petition Comt sentence
or remonstranc, wherein he complaines of great wrongs & injurjes he hath sus- '^
teyned as his brothers agent, by reason he could not obteyne justice in some
of our Courts of judicature in seuerall actions depending betweene himself,
as agent, & Leiul Richard Cooke, of Boston, the Court, having affoorded him
large liberty & oppertunity to make good his charges, & hauing heard all his
allegations, together w"" such witnesses as were produced to prooue the same,
& duely weighed the case, doe judge his complaints to be groundless & vn-
just, & his offences to be of a very high nature, tending not only to the dis-
honor of God, but to the 'scandall & reproach of seuerall of our Courts, hon-
ored majestrates, & officers of Court. That due witnes may be borne against
such sinfuU practises, & the gouernment of this jurisdiccSn, vnder his majes-
tjes royall charter, may be vpheld & majntajned, this Court doeth order, that



292



THE RECORDS OP THE COLONY OF



16G5.



11 October.



[*561.J



Courts judgm'
in M' Hues
case ag* M"
Rogers, &c.



the sajd Hoare shall find suertjes, bound in one hundred pounds, for his good
behauiour during the Courts pleasure, & that henceforth he shall be disabled
to plead any cases but his oune in this jurisdiction, & also that he pay as a fine
the suiiie of fifty pounds for such his miscarriages, & be imprisoned till it be
pajd, or security given for the same. "Whereas John Hoare, contrary to the
expresse order of the Court, hath w"'draune himself from the Court before
his sentence was declared, the secretary is appointed by the Court to send for
him, & rec[uire *the performance of the sentence of this Court to all intents &
purposes therein contejned. *

In ans' to the petition of Joshua Hues, administrato' to y° estate of the



Online LibraryNathaniel Bradstreet ShurtleffRecords of the governor and company of the Massachusetts bay in New England : Printed by order of the legislature → online text (page 35 of 77)