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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late Joshua Foote, humbly craving a hearing of his case relating to a certeine
mortgage passed from y* late Joshua Foote to one M"^ Rob' Crane, of Cogs-
hall, in Essex in England, the Court, hauing granted a hearing, & the sajd
Hues, & the sonnes of the late M' Nathaniel Rogers, grandchildren to the
sajd Craine, (to whom he had given the lands mortgaged,) also appearing, the
Court, hauing considered the case betwixt y^ sajd Joshua Hues, M'' Nathanicll,
Samuell, Ezekiell, & Timothy Rogers, doe judge & order that the sajd Hues
shall haue liberty to redeeme his mortgage, he paying the suine of two hun-
dred sixty seven pounds two shillings & eleven pence halfe penny, in New
England money, at or before the twenty fifth of Aprill next, in the now
dwelling house of M' John Wilson, of Boston, the sajd Rogers' joyning in
the sale if neede be, & receiving the soines the land is sold for, till the afore-
sajd suiue of two hundred sixty seven pounds two shillings & eleven penc
Rich. 'VVooddy halfc penny be payd, & then all releases & acquittances to be given by the
engaged to y ^q^]^ partjes, as la we shall require, & the charges of Court to be sequally borne
y juigm', as by plaintiff's & deffendants ; the charge of the Courts hearinge of this case,

costs, &c.

agreed vpon by y" whole Court, to be tenn pounds, to be pajd by those y' en-

Courts order to gaged it.
record y^ir nar-
rative & im-
proving w%
their transac-
tions, &c.



This Court, having pervsed the transactions betweene this Court & his
majestjes hono''ble coinissioners, together w"* the narrative & improovement
thereof therevnto annexed, collected & transmitted to England by a committee
of this Court therevnto appointed, doe judge it meete to approoue of the same,
& returne them their thanks for their care & payne therein ; & doe order the
same to be recorded in the Courts booke of reccords by the secretary, and that
the comittee shall & hereby is impowred to send one or more coppies for

The sayd transactions, narra-



Their accept-
anc of y« comit-
tees labor, &
thanlcs re-
turnd, &c.
Courts order
requireinge

secret, to send England, as they shall judge it convenient.

for Ab' Corbet ^^^^> ^ improouement stands recorded in this booke next & iinediately after

w* issued out ^j^^ Courts acts & lawes in May Court, 65, accordingly, all together.

y« same day, 26

gber, 65. The whole Court, meeting together, ordered, that the secretary forthw""



THE MASSACHUSETTS BAY IN NEW ENGLAND. 293

Issue out an attachment from this Court, & direct It to the marshall of Dover 1 C 6 5.
& Portsmouth, to apphend & seaze vpon the person of Abraham Corbet, & ""^ '
him safely to convey to Boston, & to bring him before the Gouerno'' or Magis-
trates at Boston to answer for his tumultuous & seditious practises against
this gouernment, to be proceeded w"» as In their wisdomes they shall finde
cause.

In the case of Robert Ring, plaintiff, ag' the toune of Salisbury, defendt. Courts judg-
in an accon of the case, &6, tried at the last County Court at Salisbury, \v* Ri7„*s ci^"''"'
was also tried at the Court of Aslstants last, & there the Magls*^ refusinge the
virdict of the jury, coming to this Court for trjall, after the jurys virdicts,
originall process, & all other euidences at both Courts produced were read,
considered of, & remajned on file, the Court confirmed the virdict of the jury
at the Court of Aslstants, finding for the plantiff forty nine pounds sixe shil-
lings & fower penc damage, & costs of Courts eighteen pounds sixe shillings.

As an addition to the lawe, title Inkeepers, it is ordered by this Court & Adition to y«
the authority thereof, that where any person or persons whatsoeuer shall pre- teeners
sume to keepe an house of publick entei'telnment, cookes shop, or shall by
retajle sell wine, strong beere, llcq^uors, or cidar w*''out licence first had &
orderly obteyned, or having had license & not renewed, as the lawe requires,
or being dischardged for any misdemeano' cofnitted or suffered to be donne in
their houses, or in or about the same. It shall be lawfull for any Court or
magistrate, on complaint made to them of such misdemeano'', to send for such
person or persons before them, & being legally convicted of any the aboue sajd
offences, to require bond with such sufficient suertjes for the good abbearance of
such person or *persons, & in speclall for their observance of the sajd lawe; & P562.]
in case of refusall to give such bond w"" suertjes as is required, the Court or
magis*^ that hath cognisance of such complaint shall comitt such person or
persons convicted as abouesajd to prison vntlll the next Court of that county.

In ans' to the peticon of Thomas Noyes, John Heynes, Joslah Heines, of Ans' to Tho.
Sudbury, & ISTathaniel Tredaway, of Water Toune, this Court, vnderstanding j^J^^^^ "^y,
that there is a meet place for a plantation about tenn miles from Marlborough «»". *^<^-
westward, at or neere Quanslcamug Pond, which, that It may be improoued
for that end, & not spoyled by granting of fai-mes, this Court doeth order,
that Cap? Gookin, Cap? Edw Johnson, Leif? Joshua Fisher, & Leif ? Thomas
Noyes shall & hereby are appointed & impowred to make a survey of the
place, & make returne of their survey to the next Generall Court of Election,
who may take order therein as they shall see meete.



294 THE RECORDS OP THE COLONY OF



1 G 6 6. Att a Generall Court of Election, held at Boston, 23"^ of May, 1666.



23 May.



RICHARD BELLINGHAM, Es^, was chosen GoQ for y" yeare ensu
ing, & tooke his oath -w"" allegl.
Francis Willoughbyj Es^, was chosen Dap' Goflno^j & also tooke his oath,
&d, in open Court.

Symon Broadstreet, & Coinissioner for y^ Vnited Colonjes.

Sam Symonds,

Daniel Gookin,

Daniel Dennison,

Symon Willard,

Rich Russell, & Tresurer,

Tho Danforth,

W"" Hathorne,

Ellaz' Lusher,

Jn° Leueret,

Jn° Pinchon,

Edw Rawson was chosen Secretary, & alike tooke his oath,



Es^s, were chosen Asistants, & tooke their
& Coinissioner. [oaths, &S.



& Majo' Generall.



The names of the depiitjes returnd from the seuerall tonnes to serve at
this Court were, —

M' W™ Broune, Capt George Corwin, Salem.

Capt Francis Norton, Leiu? Rich Sprague, Charl Town.

Leiut Hopestil Foster, M' W™ Sumner, Dorchester.

Capt Thomas Clarke, M"' Anthony Stoddard, Boston.

M' W"" Parkes, Lent Griffin Craft, Roxbury.

Leiut Rich Beers, M"' Sam Thatcher, Water Toune.

M' Edw Collins, M' Edw Jackson, Cambridg.

M' Olliuer Purchis, Lynn.

M' W" Goodhue, M'^ Tho Bishop, Ipswich.

M"' Plenry Seawall, Newbery.

M' Thomas Dyer, Weimouth.

Leif ? Jn" Thaxter, Hingham.

Cap? Tim° Wheeler, Concord.

Ensigne Dani Fisher, Dedham.

Cap? Tho Bradbury, Salisbury.

Cap? W"" Davis, Springfeild.

M' Sain Dalton, Plampton.




THE MASSACHUSETTS BAY IN NEW ENGLAND.

M' Richard Swann, Rouley.
Lef ? Thomas Noyes, Sudbury.
Ensigne Moses Pajne, Braintry.
Capt Rich Waldern, Douer.
]V[r -^m Steevens, Glocester.
M' Nath Fryer, Portsmouth.
Capl Edw Johnson, Wooborne.
M-^ Ralph Wheelock, Meadfeild.
M' W" Holton, Northampton.
M' Peter Tilton, Hadley.
M' Tho Hincksman, Chelmsford.
Cap? Nath Saltonstall, Hauerill.
M' Humphry Davy, Billiria.
M' Charls Gott, for Wenham.
"W"" "Ward, Marlborough.
Steven Kingsly, Milton.
Lef ? Jn° Osgood, Andiver.
Cap! Jn° "Wayt, Marlden.

Capt Richard Walderne was chosen Speak' for y' session.

*Whereas this Court hath already provided for the well ordering & setling [*563.]
the militia of this cornon- wealth, as in lawe, title Militaryes, yet, forasmuch as Miiiitary order

impowing y

complaints are presented to this Court that the sajd orders are not so attended majors of y«
as is to ^ desired, considering the present juncture of affaires betweene our !!,n™to see'v"'
English nation & forreigne ennemies who are now engaged in a bloody warre '^'^ ^ ^"^"s^^ "f

y° country be

which calls for a prudentiall endeavour of our oune safety against any for- readily & duly
reigne invasion or suddaine surprizall, this Court doeth therefore order &
enacte, that the sajd military lawes be by all persons therein mentioned forth-
with attended in all respects ; and, for the better effecting the same, the majo'
generall is required forthwith, by warrant under his hand to the major's of the
seuerall regiments, to require them to make diligent enquiry into the state of
the seuerall companys vnder their charge, & to be certified vnder the hands
of the comission officers, or cheiffe officers where no comission officers are, of
each company, of all defects of armes, amunition, or otherwise in euery
respect. And the sajd major's respectiuely are required to giue speedy advice
to the majo' generall what postures their sajd regiments are in ; & wherein the
sajd majo's cannot of themselues forthwith make redresse of any defects in the
sajd companjes, the sajd majo''s, with the advice of the majo' generall, haue



206 THE RECOKDS OF THE COLONY OP

1 6G G. hereby power to vse all lawfull meanes to effect tte same. And all inferior
'' officers are hereby required to yeild ready obedience to all such warrants sent

23 Hay.

Pccnaitv for ^° them by the sajd majo's respectiuely, or majo'' general], vpon the poenalty

defects, 5", &c. Qf gyg pounds for euery defect, to be levjed by distresse by such person as

the sajd majo'" generall & major's of the regiments shall depute, which sajd fines

shall be for a stocke of pouder for the sajd company where the defects arise

from time to time. And whereas seuerall tounes in this jurisdiction are not

vnder the coinand of any serjant majo'', as Doner, Portsmouth, &d, as also

the tounes in the county of Hampshire, it is ordered, that the major generall

take care for the regulating of the military affaires of such tounes till they

are brought vnder a majo"", as in other counties ; & all millitary officers of such

places are required obedienc to the orders of the majo"' generall from time to

time, vpon the poenalty aboue mentioned for eueiy defect.

Order encour- Whereas there is a necessity of having supply of gunpouder in this juris

ter& ponder diction, and forasmuch as Serjeant Richard Wooddey, of Boston, in the county

makers. ^f Suffolke, & M"^ Henry Russell, of Ipswitch, in the county of Essex, haue

been & are vppon the worke, & in preparation for salt peeter, for their future

encouragement, or any other that shall appeare to attend the promoting

thereof, —

Rich. Wood- This Court doeth declare & order, that the sajd Richard Wooddey &

Suffolke & Henry Russell are impouered to goe on & proceed in the sajd worke ; & for

Midiesex. their encouragement, it is ordered by this Court & the authority thereof, that

for Essex &c. I^he sajd Richard Wooddey & Henry Russell, or such as are imployed by them,

haue power from time to time to digge earth & take water fitt for to make salt

peeter licquo'' in any outhouses at seasonable times, so that the ouno''s of the

places where such earth is to be had be not damnified thereby, but that they

leaue the places in as good condition as they finde them ; and in case they, the

sajd persons, shall stand in neede of carts for the carriage of licquors, tubbs, or

other materialls for the carrying an end of this worke, it shall be lawfull for

any one magistrate to grant warrant to the constable of that toune (where the

occasion ariseth, vppon the persons desire) for to presse teames & carts for

their vse, they paying the ordinary prize vnto such so impressed accordinge to

the price of these places.

It is further ordered by this Court, that the sajd persons haue liberty to
sett vp vessells in so many places as they please (not being of publique annoy-
ance) for the making of their licquor ; & they haue liberty in any comon
ground in a convenient place to digg earth & make banks for to make peeter,
provided they doe it w"' the knowledge of the select tounesmen, who are
hereby ordered to be asisting & encouraging of them in this worke, and that




THE MASSACHUSETTS BAY IN NEW ENGLAND. 297

the sajd Richard Wooddey & partners haue this liberty in Suffolke & Midle-
sex, & Henry Russell in Essex, vntill the Generall Court see cause to allow
any other ; & then there shallbe a divission made as may give encourage-
ment to all. It is also hereby ordered, that the lawes passed many yeares
since, for the saving of vrine in the severall tounes, be revived & put in
execution.

*Whereas the sinn of drunkenes amongst the Indians doth much in- [*564.j
crease, notw"'standing the lawes provided against that crying sinne, — '^'^^'^ *° P"^^

ueut drunken-

Thls Court doeth therefore order, that any person or persons that es in Indians.
shall see, know, or finde any Indian w*^ any stronar licquors, wine, or '^^™ strong

; J a ^ > > licquors, &c, to

strong drincke, that such Indians haue any way gotten w^'out order as the be seized by
lawe directs, shall haue power to seize the same, & to deliuer the said strong

•^ ' JO If they refuse

drinks to the constables of the toune or place where such Indians are found, to confess, &c,

, . , lie • _ . . to be comitted

w"^ then" persons, to be conveyed before some magistrate or comissioner who to prison or
haue power to deale in such cases : & such Indians as are found druncke, "^f® °""

■^ rection.

being ap^hended, & will not confess how or where they had the sajd wine,
licquors, or strong drincke, shall be secured or imprisoned vntill they make a
just acknowledgment where they had their drincke aforesajd, or comitted to
the house of correction, (or seciu-ed,) & there labo"^ to discharge the charge
of their provission.

And if any such Indian doe accuse any person soe selling or deliuering Their accusa-
strong drinck unto them, such Indian accusation shall be accounted valid p™on tTbe
asainst any such persons accused, except such persons shall cleare themselues euidenc, unies

o J ^ ' ir r y=pt cleare

by takinge theu' oath to the contrary, any law or custome to the contrary not- himself on

oath, &c.

w'°standing.

And it is also further ordered, that whatsoeuer Indian shall heereafter be If drunck, to

"DRV x^ or bs

taken druncke shall pay the suine of tenn shillings, or els be whipt by laying ^jjjpj ^.a ^
on tenn stripes, accordinge to the discretion of the judge, whither magistrate stnpes.
or comissioner, who shall haue cognisance of the case ; and in all tounes where
no magistrate or comissioners are, such cases shallbe judged by the select-
men, or major part of them.

Wee, the subscribers, being appointed a coinittee by this honoured Court Comittees re-
to vejw the batterjes lately erected by Majo'' Generall Jn° Leueret, w"^ the ad- tj^g sconce-
uice of the comittee of militia in Boston, accordingly attended that seruice, '" Boston,
and vnder the conduct of the sajd majo' generall, wee entred a well contriued
fort, called Boston Sconce ; the artillery therein is of good force & well
mounted, the gunner attending the same ; the forme thereof suiteable to the
place, so as to scower the harbour, to the full length of their shott, euery way ;

VOL. IV. PART II. 38



298 THE RECORDS OF THE COLONY OP

16 66. it is spacious ■w"'in, that the trauerse of one gunne will not hinder the others



^ ~ course ; and for defence, the foundation is of stone, & well banked w"* earth
23 May.

for dulling the shott & hindering execution ; ffinally, wee ap]p>hend it to be

the compleatest worke of that kind which hitherto hath been erected in this
country. Wee also tooke survey of another worke on the north side of Bos-
ton, called Merrjes Point, raysed with stones. The foundation is defended
from the violenc of the sea w"" spyles & plancks ; the wall of a considerable
thicknes, yet lesse safe then the other, by reason of the sharpe edges next the
cannon, & widenes of the ports w^'in, which beinge faced w* strong timbers,
as is intended, willbe much better.

To conclude : wee judge the defence to be considerable, & the offence to
be avajleable (by Gods blessing) for the thing intended, for w"^"" the actors c&
contrivers, whereof Majo'^ Generall Leueritt hath beene the cheife, both in
contriving, acting, & disbursing, deserues the thankes of this Court, & all due
encouragement. Boston Sconce hath nine gunns mounted, & ffower more
intended, vv'^'out, and seven at Merrjes Point. All w'='' wee submitt to the wis-
dome of this Court, & subscribe ourselues.

Your servants, GEORGE CORWIN,

W^ HAUTHOPvN,
FRANCIS WILLOUGHBY,
PETER TILTON,
TH° BRADBURY,
EDWARD JOHNSON,
TIMOTHY WHEELER.

Courts thanks Whereas Majo' Generall Leueret was appointed by the Generall Court

all Lei£ret°&' °^ Election, May the 3*, 1665, w"' the aduice of the coinittee of militia of
recompenc. Boston, to take speciall care ffor compleating the batteryes at the sajd toune,
& mounting the great artillery, w'^ all meete provissions for the same, and
this Court hauing req^uested a coinittee of sundry gentlemen to vejw the sajd
batterjes & great artillery, who haue made their report that they finde the
same to be well & sufficiently repayred, & together with the same, a new bat-
tery erected, called the Sconce, scittuated on the south side of Boston, exceed-
inge all the other batterjes for defence of the toune, & offence against such
enemjes as may attempt their damage, all which, by the order of the militia
of the sajd toune, haue been effected by the great care, paines, & expences
of the aboue named Majo' Genii Leueret, —

This Court, considering the premisses, doe desire & order the Gouerno'
to returne the sajd majo'' generall the thanks of this Court, & as a gratuity



THE MASSACHUSETTS BAY IN NEW ENGLAND. 299

for his care & pajnes in effectinge the same, doe order the Treasurer of the 1666.
country to pay him out of the next country rate one hundred pounds. ^ '

. ... 23 May.

*Whereas, in the comission to be granted by law, title Military, secti 11, r^cRc -,
to the militia of Boston, the sajd militia are to take charge of all fortifications Qrder requir-
w"'in the said toune, w'*" all the amnition & ordinance to the same belonscin, ingysurvejora

•' _ _ ° ' to give forth

& that by the sajd comission they are to haue in readiness one barrell of pouder, shott,
pouder, w"" twelve shott, & fine pound of match, for euery sixe peece of Boston fortiffi-
ordinance. cations.

It is ordered by this Court, that the survejors gen shall deliuer to the
sajd comlttee the proportion of pouder, shott, & math, according to the num-
ber of gunns mounted in the fortifEcations of the sd Boston.

The Court, considering that the tounes & harbo''s of Salem & Marblehead The Courts in
lye too open & exposed to danger, & that due care & meanes haue not been ^''"''''sem o
impoured for their defence & security, — ^ f""^' theve.

It is ordered, that the toune of Salem, erecting a worke or battery vpon By advice of y
some convenient place vpon their harbo% by advice & direction of the major ™^J"r generall,
generall, shall haue the like incouragement, by abatement of the country rate, Georg Corwin

to eifecte.

as was allowed in like case to Boston & Charls Toune ; and for the orderly
& better carrying on of the sajd worke, Capt Georg Corwin is hereby desired
& impowred to improoue all meanes for the speedy eifecting of this worke,
and the comittee of militia of Salem desired to advise & asist him in the
busines.

And it is further ordered, that Majo'' Hathorne is desired & impowrd to The like order
take into his care & charge the toune & inhabitants of Marblehead, that they ^^^^ who'are
be armed & disciplined, in order to their being formed into a company, and P"^* under Ma

jor Hathorne &

that Samuel Ward doe, vnder the sajd major, exercise the office & place of a Sam. Ward as
sarjant ouer the sajd persons & inhabitants of Marblehead, requiring them to ^
attend the orders, directions, & comands of the sajd Majo'' Hathorne, & the
sajd Samuel Ward as a serjant. And for the incouragement of the sd inhab-
itants in erecting some convenient worke or battery vpon their harbo', by the
advice of Majo' Hathorne, this Court doeth & will allow the Hke encourage-
ment as to Salem, Boston, &d, by abatement of their country rate ; & further,
will order them two or three gunns, when they shall haue made a worke to
secure them.

It is ordered, that the secretary, on the request of all such as are admit- Secretary to

„, „ . . . • 1 ■ 1 1 Ti- • i ■ gi'^'s copies to

ted to the freedome of this colony, or any in their behalf, give a true copie, such as are ad-
out of this Courts reccords, of their names, by them to be deliuered to the ^'"""^^ !° ^^^^'

Qom, &c.

clarkes or recorders of those Courts in the seuerall countys to w^^ they doe



OIJ



00



THE RECORDS OF THE COLONY OF



1666.

, 23 May.
The comittee
to take y=
Tresurers ac-
count.



Ans' to Peter
Places peticon.



Nath. Salton-
stall cap', &B.



Ans' to Colo-
nell Crounes
peti.



[*566.]

Cofiittee about
Woobome &
Billirrikeys
bounds.



Coiiiittee to
runne Hauerill
bounds.



Courts ans' to
New Salisbury
inhabit, peti-
con, & they a
touneship
granted them,
Xc.



belong, w"' a copie of the oath of freemen, as it is now stated, that they may
there take their oaths, &d.

It is ordered, that Cap? Thomas Clarke, Capt Francis Norton, M"' Ed-
ward Collins, & M'' Anthony Stoddard are appointed & impowered as a
comittee to take the Tresurers accounts, as formerly they were desired, as
soone as the Tresurer shall be ready for the same, & make returne to the next
session of this Court.

In answer to the peticon of Peter Place, humbly desiring the fauour of
this Court to remitt or abate, as they shall see meet, the fine of forty pounds,
for seling rume to y° Indians ignorantly by his wife in his absenc, the Court
judgeth it meete to order the peticoner to pay only twenty pounds, there
being five quarts of y^ licquo'' sold returnd to y^ peticoner, & the mony to y°
Indians, & not being willing to vndoe y" peticoner.

In answer to the peticon of the inhabitants of Hauerill, the Court judg-
eth it meet to allow & confirme their choice of M' Nathaniel Saltonstall to be
their captaine, & George Broune to be their ensigne.

In answer to the peticon of Colonel W™ Croune, it is ordered, that the
peticSner haue a hearing of his case mentioned in his peticon at the next
sessions of this Court, the peticoner giving the parties concerned timely notice
thereof.

*In answer to a motion made to this Court by M"^ Humphry Davy, in the
behalfe of Billirrikey, that the bounds may be setled betweene them & AVoo-
borne, it is ordered, that M"^ Edward Collins, Capt Timothy Wheeler, & Left
Richard Beers do repaire to the place where the ground of the differenc doe
arise, and according to what shall appeare to be the right of each place by
grant from this Court, & not otherwise determined by the mutuall concession
of the grantees or their assignes, to setle the lines betweene the sajd tounes,
beinge authorized & impowred as a comittee for that end ; and what they shall
doe herein to be a finall issue of that controuersy, & returne it to this Court
to be recorded.

Itt is ordered, that Left Thomas Noyes, of Sudbury, John Parker, of
Billirrikey, & Left Challice, of Salisbury new tonne, shall & hereby are ap-
pointed a comittee to runn the bounds of the toune of Hauerill, & make
returne thereof to the next session of this Court.

In answer to the peticon of the inhabitants of New Salisbury, this Court
doeth grant them the liberty of a touneship, according to the agreement with
the old toune, & that vpon their providing a minister approoved off according
as the law provides, they then to be taken of from contributing to the minister
of y* old toune.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 301

In answer to the peticon of John Hoare, humbly desiring the favour of 1666.
this Court to release him of his bonds of good behaviour, & to make such '' '



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 36 of 77)