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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. , . ^ , . . , 1 n • 1 23 May.

abatement of his fine as their wisdomes shall iua£;e meete, —

■' " ' Ans' lo Jii»

The Court judgeth it meete, & orders, the petiooiier be released his bonds Hoares peti-
con, release his

of good behauio'', & that twenty pounds of his fine be abated him. good bohauio',

In ans"' to the peticon of Anne Shapley, & Joseph, hir sonne, execcutrix v,at°dv
& execcuto' to y° last will & testament of Nicholas Shapley, the Court, not Ans' to Anne
knowing whither they fully vnderstaud the peticoners intent therein, conceiv- 5o_
ing the case therein presented to be more propper to the cognisance of the
County Couits of Midlesex, judged it meete to referr the determination
thereof to those Courts.

In answer to the peticon of M'= Margaret Rogers & M"" John Whiple, Ans' to M"
this Court judgeth it meete to grant the petitioners a hearing of the case whipie's peti-
therein mentioned at the next sessions of this Court in October next, on the !'"" "I ^ "

ing, Sic.

second day of the Courts sitting, they giving legall notice to the execcutrix
of the late M' Ezekiel Rogers to attend at the time.

In answer to the request of Joseph Parker, in the behalfe of the toune Groaten braud-
of Groaten, that this mark Co may be recorded as their tounes brandmarke, the '
Court grants their request.

Capt James Johnson appearing before the Governo"" & Magistrates, & Cap' Johnson

mooving, out of his sence of his oune weaknes & innabillity to mannage his ^^"^"0' piao"

captains place, & expressing his willingnes to be dismist from that service, — ^''<^ y Co»rts

The Court judgeth it meete to accept of his motion, & doe order Majo"^ Warrant to is-
sue out fo
new cap*.



Eliazer Lusher, major of the regiment, to give him the thanks of this Court ™^ °"* ^""^ *



for his former service, & to issue out his warrants to the company to goe to a
new election.

On the request of the deputjes of the county of Norfolke, Majo' Symon Majnr wiiiard
Willard is appointed by this Court to keepe the County Courts at Hampton & f°ik^count7
Salisbury for the yeare ensuing. Courts.

In refference to an order of the Generall Court, 1663, wee, whose names Controflsybe-
are herevnto subscribed, did meete the 8"^ June, 1664, on the Gouerno"", Jn" Q^in^enor! En
Endecot, Esff), his farme, at Ipswich Riuer, to setle the farme, & the contro- decott.&Sack-

^ cus Gold ab'

uersy that hath been betweene Zackeus Gold & y' GoQrno'', and wee setled land on Ips-
the Gouerno''s five hundred & fifty acres w"'in the fower Ijiies marked by M"^ setled.'"'''
Danforth & a litle brooke that runns into Ipswich Riuer, & so vp to a smale
grendle mentioned in the Court order ; & the quantity of land aboue the fiue
hundred & fifty acres wee tooke of at the north west angle, according to the
order of Court, & stated the bounds betweene the Gouerno's farme and




Ans' to "Wn»
Kents peti-



THE RECORDS OP THE COLONY OF

Zackeus Gold by a maplcj marked, by the brooke side, & so to a litle white
oake, marked, by as male grindle, & from thence uppon a streight line thirty
two rod w^'in the station tree at y* southwest angle, which was marked by M'
Danforth.

WILLJAM HATHORNE,
JOSHUA nSHEil.

The Court allowes of this retume.

[*567.] *In answer to the petition of "Willjam Kent, humbly desiring this Courts

favo' to graunt him license to keeps a cooks shop in Boston, to w"*" trade he

served an apprentiship in England, the Court judgeth it meete to referr him

to the County Court at Boston, w"^ power to mittigate his fine as to them shall

seeme meete.

Ansf to John In answer to the peticon of John Leuis, humbly desiring the like favo'

ems pe ii-on. ^^ ^ Ucenc for a cookes shop, &S, it is ordered, that he be referred to the

County Court in Boston, to be determined as they shall see meete.

Ans'to LeP In answer to the peticSn of Richard Cooke, the Court graunts his request,

peticon ^- ^■> liberty to put in his ans"^ to M"^ Nicholas Paige, & Anna, his wifes,

declaration in writing to this Court.
Ans to Joseph In answer to the peticon of Joseph Parsons, of North Hampton, the

tion °°^ ^^ '" Court judgeth meete to order the peticoner to present Capt Pinchon w**" a cer-
tiificat from some knoune persons of that toune, that he is such a one as the
lawe directs, to be presented by him to the next Generall Court.
Ans' to Lydia. In answer to the petition of Lyddia, widdow of James Pennyman, the

Court, having read & perused hir peticon, as also the imperfect will of hir late
husband, w"' the order of the County Court of Suffolke made there vpon, see
no cause to make any alteration in the premisses, but leaue the petitioner to
act in this hir trust accordinge to the power already comitted to hir.
Ans' to "W" In answer to the petition of Willjam Hudson, humbly desiring the favo'

con forTa^ta'' °^ ^^^ Court that Leiu? Fisher, &6, be appointed to lay out the fine hundred
outhisSOOac's acres w""" he purchased of M' W™ Jefferys, granted him the 16 October,

purch»t from

M' w» JefFe- 1660, on the south line of our patent, &6, —

^^ ' It is ordered, that Leifteniit Joshua Fisher & Ensigne Daniel Fishejr be

a comittee, & lay out the land mentioned in this petition according to grant,
on the south line of our patent, provided it intrench not on any former
grants.

Ans' to Cap* j^ answer to the peticon of Cap? Tho Bredon, it was ordered, that his

Bredons peti-
con. peticon & y" answer of it, as to hearing all partjes, & determining of it, is



Pennimans
peticon.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 303

referred to Charles Toune Court, the peticoner giving notice to all partjes 1666.
concerned. ^~ '^ "'

In answer to the petition of Nathaniel Bishop & Hope AUin, curriers, ^^^ ^ ' '
humbly desiring the favo' of this Court so to " order it that tanners & shoo- Bishop & Hope

. . . _ AUins petico.

makers may not excersise the trade of a currier, &6, the Court judgeth it not
meete to grant y' peticSners request.

"Wliereas the honorable Generall Court hauing formerly granted to the Reddinge 2
toune of Reading a tract of land of two miles, lying betweene their grant of '

fewer miles, & M'' Bellinghams farme & the Great Riuer, & also ordered them "ut.
to haue it lajd out sometime before this Court sate, — att the request of the
toune this plat of land is lajd out, & returnd buttelled & bounded as foUoweth:
Euning from a pine tree at A, north by y^ compasse sixe hundred rodds, joynes
to the toune of Reading land vnto B, to the top of a rocky hill ; & from B
east two hundred sixty eight rodds, to an oake tree at C, marked R B, & joynes
to Andiver land, and from C south south east 8 deg. 30 to E, ffiue hundred
seventy six rods : this Ijne joynes vppon the Gouernors farme to a black oake
tree at D, marked R B, & this Ijne joynes vpon M"^ Bellinghams farme ; the
fowerth Ijne runs from D E B N, two hundred thirty sixe rods, to a walnut
tree at E, & joynes also on M' Bellinghams farme the fifth line from E, south
east & be south, two hundred & fower rods, to a black oake in Salem line at
F, which Ijne joynes vpon the farme of Thomas Fuller : the sixt line runs
from F west south west 2* S, fower hundred & twenty rods, to a blacke oake
at G, the which line is Salem bounds : the 7"^ Ijne from G, west by north 7 d.
no., fiue hundred sixty eight rods, to a pine tree at A, alongst the riuer side.

P me, ELISHA HUTCHINSON.

The Court allowes of this returne, provided it intrench not on any former
graunts.

In answer to the petition of Richard Scamon, of Portsmouth, that mar- Ans' to Eich.
rjed Prudence, the only daughter of Willjam "Walderne, long since deceased, j^j^
the Court, hauinge read & pervsed his peticon, & such other papers as
were presented, referringe to his case, & conferred w"" such other persons as
could give light therein, finding the peticoner to haue married the sajd Pru-
dence, daughter to the sajd "Willjam "Walderne, who, as he pleads, was partner
w"^ Shrewsbury men, which may appeare by a deed or deeds of sale in the
possession of the secretary, to which estate of the sajd "Walderne he is heire
by his marriage, as aforesaid, — the premisses considered, the Court judgeth
it meete to grant the peticbners request, that all books & writtings, with what



304



THE RECORDS OF THE COLONY OF



IGGG.

23 M ly.

*568.]



Courts ans' to
Bridset Win-
dow &" James
Trauiss pet".



Landlajd out
to Cap' Rich.
Dauenp**.



lands remnjne, w^'out alljenation, lie may take into his possession, &6, pro-
vided he give snfEcient security to respond the *creditors to the estate of the
sajd Willjam Walderne, & to the partners in that share or tract of land apper-
teyning to Shrewsbery men & their heires, & leavinge on file a true copie of
all such deeds, signed by the secretary, & by him so acknouledged.

In answer to the petition of Bridget Window & hir sonne, James Trauis,
the Court hauing considered the grounds of their petitions, doe order that the
County Court for Essex doe give the petitioners & his mother such just re-
leife, as on a further hearing of their complaints, may appeare to be just &
regular.

Lajd out according to the grant of the honored Court, to Cap? Richard
Dauenport, one hundred acres of land, in the wildernesse, on the eastern side
of Merremack River, next adjoyning to a meadow called Halfe Moone meadow,
on the west side of it, begininge at the most southerly bound marke of that
meadow, at a great white oake, marked w* D, and from this tree the Ijne
runns due west ninety & six pole ; the line at the north end runns parrelell to
the south end from another great white oake, bounded w* D, standing at the
north west end of the meadow, eighty & fower pole ; the west side is one
streight Ijne from corner to corner, whjch line is one hundred seventy & nine
pole long ; the manner & forme of its lying and adjoyning to Halfe Moone
meadow is clcarely demonstrated by a plott taken of the same.

By JONATHAN DANFORTH, Surveyor.



The Court allowes & approoues of this I'etiu-ne, to be recorded in the
Courts booke of reccords.



Courts gratuity It is ordered, that the Tresurer sattisfy the widdow & relict of the late

ports relict. Capt Richard Dauenport for such time as was wanting to compleate his yeare,

from the IS**" of July to the 27"" of September, as to his sallery for that time,

as a respect to the deceased, & to & for his relicts benefitt, so as the summe

exceede not twenty pounds.

M' Abraham Corbett being bound ouer to this Court to answer to what
should be lajd ag' him, &6, at last, after default was made by his non ap-
pearance, he appearing, the Court read the commissioners returne, & hearing
his answers to the euidences produced, proceeded : —
Courts censure "Whereas Abraham Corbett, of Portsmouth, stands convicted of a seditious

practize, stiringe vp sundry the inhabitants of the place where he lines to
discontent against the gouernment & lawes heere established, enterteyning
in his house such persons as are his complices in these his proceedings, & by



of M^ Abraham
-Corbet.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 305

the information of our coinissioners, late sent vp on the place to enquire of 1666.
the proceeds of sundry malecontents, the sajd Corbet is rendered to be, in his ' "^ '
course & practise, the cause of much trouble to the peace of his neyghbo's, ^^'

& contrary to the lawe, by keeping a house of coinon enterteinement, is a
seminary of much vice & wickednes, this Court cloeth therefore order, that the
sajd Corbett shall give one hundred pounds pond, w*'' sufficjent security for
his peaceable demeano'' for the future, & observance of the lawes, prohibbittinge
his irregular practises by retayling of beere, cidar, wine, or licquors, & that
he shall also be disabled from bearing any oiSce in the tonne where he lines,
or in the comonwealth, and all during the pleasure of this Court ; and that he He is fined 20',
also pay a fine of twenty pounds, & costs fiue pounds, for his apphention &
bringinge doune.

Abraham Corbet came into the Court, & acknouledged himself as prin- His bond.
ciple, bound in one hundred pounds, & Cap? Thomas Bredon & Edmond
Dounes, his suertjes, in fifty pounds apeece, acknouledged themselues, their
heires, executtors, &d, bound respectiuely in the summes aboue mentioned, to
Richard Russell, Es^, Tresurer of this jurisdiction, on this condition : that the
sajd Abraham Corbet shall observe, & keepe, & performe the sentence of the
Court in all respects.

In ans"^ to the peticon of Robert "Wills, who, on the IS"" July, 65, was Ans' to Rob»
on the service of the country at y* Castle, & suffered under y' solemne stroke
of thunder y' tooke away Capt Dauenport, & is not as yet capable to works
in his callinge, petitioning for releife, the Court judgeth it meete to refferr
him to Majo"^ Generall Leueret, who hath power in this case, & in like cases
hath given releife & supply to such as suffered in the same.

In answer to the peticon of M' Richard Dumer, on diuers considerations Ans' to M'
in his peticon exprest, craving the Courts favour to grant him a farme, the ^^^^ ggg ^^.g
Court judgeth it meete to grant to the peticoner & his heires fiue hundred °^ '='"* ^'^^
acres of land, free of former grants.

In ans' to the peticon of John Cheekley, this Court, hauing considered & Ans. to M'

. . - Cheeklys peti-

pervsed his petition, and the seuerall particulars therem conteyned, see no tion
cause of complaint in any, except the case w"*" the petitioner calls a greivance,
respecting the manner of levying an execution, wherein a due course of lawe
hath not bine attended j & therefore leaues y* petitioner to take his remedy
gainst any y* did him wrong, in such a way as the lawe provides.

*In ans' to the motion & request of Nathaniel Fiyer, deputy for Ports- [*569.]
mouth, the Court judgeth it meete to desier and appoint the honoured Dep' Dep' Goa &
Gouemo' & Major Generall John Leueret, or either of them, to keepe the keepe Ports-

. _ mouth Court.

next County Court at Portsmouth m June next.

VOL. IV. PAKT II. 39



306 THE RECORDS OP THE COLONY OF

1666. And it is ordered, tliat the honored Dep' Gouerno'^ & Majo' Generall, on

" ^ ' the place, consult w*'' Capt Richard Walderne, M' Jn° Cutts, M'' Eichard

23 Mav

Coinitte to Cutts, M' James Pendleton, M'' Ellas Stileman, M' Nathaniel Fryer, & M'
consider of a Peter Coffin, & vejw the convenientest place for erecting necessary fortification

fortiffication at

Portsmouth, for the Welfare & safety of the place ; & what the sajd magistrates, or either of
Portsmouth them, w*'^ any fiue of the said gentlemen, shall determine to be donne for the

encourag»t.

ends aforesajd, shall be, w''' the greatest expedition, mannaged & carrjed an
end by such person or persons as they shall order & appoint ; and that when
the fortiffication is made, or in such a readynes as to receive great gunns, this
Court will not be wanting to such as are in power.
Ans' to Joanna In answer to the petition of Joanna Greene, widdow, to y^ late elder,

gjjjj John Green, of Charls Toune, the Court doe declare that the peticSner, by hir

late husbands last will, is impowred to make sale of the house & land therein
mentioned, & this Court impowers hir accordingly.
Ans' to Phillip In answer to the petition of Phillip Wharton, the sajd petition being

petioon pervsed, the complaints & motions therein presented, & duely considered, the

Court judgeth it meet, that he should apply himself, for releife of his greiv-
ances, to the Court of the county of Suffolke, who haue already taken cog-
nizance of this case, to whose wisdome & justice it is left.
Ans' to Joseph In answer to the petition of Joseph Armitage, the Court sees no ground

peticon *° ^^7 ^^7 exceptions ag' the oathes of any relations, except wiues for their

husbands, & so e contra in civil cases.
Cap' Salton- Capt Nathaniel Saltonstall, beinge ill, is dismissed the service of this Court

stalls disrais- - , .

gj„jj tor this session.

Ans'toWey- In ans'' to the petition of Francis & John "Weyman, it is ordered that M'

for laying out Fdward CoUins, Cap? Timo Wheeler, & Lef ? Richard Beers, be a comittee

M' Coitmors impowred to lay out the fiue hundred acres of land mentioned in their peticon,

according to the grant made M' Coytmore by the Generall Court, M' Collins

to appoint time & place of meetinge, the ounors of the land to pay all

charges.

Ans' to Gloces- In ans"" to the peticon of the inhabitants of Gloucester, that the

horsebridg by them erected ouer Chebacco Riuer be by comon charge vp-

held, &d, the Court judgeth it meet to referr the peticoners to the next

Court of that county, to whom, in such cases, it is referred to act as y^ law

Ans' to Cap' , .
Pinchons peti- directs.

''™- In ans' to the peticon of Capt Jn° Pinchon, humbly desiringe the favo'

John Euered /• i. • /^

aljas Webb his 01 this Court to graunt him such a portion of land for seuerall services past as
^« Co^a^""" they shall judge meete, the Court judgeth it meete to grant the petitioner fiue
sentenc. hundred acres of land where it is to be had.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 307

The Court being informed that M' John Euered aljas Webb hath 1666.
payd his fine, & carried it humbly & submissiuely, & under a due sence of his ""^ ^i '

23 May

snme, the Court judgeth it meete to sett him at liberty from the rest of the „^ , , '

" '-' ■/ Cnelmsford at

sentence of this Court. libert. to elect

r-pi . T . ,.-_,_ _ _ millitary

ihe quffistion bemg putt, whither Jn° Euered aljas Webb, bemg for his officers,
offences disfranchised & made vncapable to be a coinission oiScer, or to
beare other publick office in this jurisdiction, his censui-e being taken of,
whither he be restored to his former trust, it was resolved in the negative, &
the Court declared the toune of Chelmsford to be at Uberty to make chojce of
military officers as they shall see meete, according to lawe.



Lajd out, in obedience to the loving grant of the honored Generall Court, Tho«Noyes

grant.
See 461.



vnto me, Thomas Noyes, the two hundred & fifty acres of land granted me,

the sajd Thomas Nojes, in the yeare sixteen hundred sixty & fewer, for some

service donne, & money expended, & other respects, neere a place called by

the Indiiins Quansigamong Pond, lying & being southerly of Lancaster bounds,

& north westerly of the sajd Quansigamong Pond, nere adjoyning to the

lands formerly laid out to Tho Noyes, John Hejnes, & others, begining neere

the north end & head of the sajd pond, at a pine tree marked for the angle ;

& from thence, a Hne vpon a southwest point, fower degrees westerly, two

hundred & sixe rodds, & there making a right angle ; & from thence, a line

vpon a north west point, fower degrees northerly, *one hundred & ninety [*570.]

rodds ; & from thence, a hne vppon a northeast point, fower degrees easterly, Tho. Nojes 2o0

two hundred & sixe rodds ; & from thence, a Ijne vpon a southeast point,

fower degrees southerly, vnto the sajd pine tree, w"' tenn or twelue acres of

meadow added at the east angle to make vp the complement of the sajd two

hundred & fifty acres.

By THOMAS NOYES, Survejo^

The Court approoues of this returne.

The Court, hauing duely considered of those things which haue beene Courts sentenc
charged vppon M' Thomas Gilbert, doe finde that he hath vttered seuerall Gilbert, 5K
speeches, both in preaching & prayer, which haue beene offensiue ; that due
testimony may be borne against such vnsafe & extravagant expressions, doe
theiefore order, that the sajd Gilbert shall forthwith be solemnly admonished
publickely in open Court, by the honored Gouerno', for such his offences, &
pay the witnesses, costs, &(3, for hearing the case, five pounds.



308



THE RECORDS OP THE COLONY OP



1G66.

23 May.
Courts judgiu'
in Giffords case
ag' Stratteu.



Courts j udgm'
in Saffin ag'
Payne case.



Courts judgm'
in Atkinson
ag' Orchards
case.



In the case of Jn° Gifford, plaintiff, ag' Bartholmew Stratten, defend',
coining to this Court by the magistrates refusing the virdict of the jury at the
last Court of Asistants, the Court, on pervsall of the euidences in this case pro-
duced, together w"" -what the plaintiff & defend' could say for themselues, judge
meet to confirme the verdict of the j ury to the plaintiff, i. e., y' y" defend'
sattisfy the plaintiff tenn pounds in the like pay he receaued, the plaintiff re-
turning the servant & hir child, if living, to the defend', & grant the plaintiff
the costs of this Court.

In the case depending betweene M' John Saffin, plaintiffe, & M' John
Pajne, defend', the Court, on hearing the partjes, & on pervsall of all eui-
dences in the case, doe finde for the defend' costs of Court, & y' y^ plaintiff
pay for y* Courts hearing of this case fine pounds.

In the case now depending betweene Theoder Atkinson, pi', ag' Eobert
Orchard, defend', in an action that comes to this Court by y^ disagreement be-
twene the bench & jury in the last Court of Asistants, the Court, on a hear-
ing of the case & all euidences therein, doe finde for the defend' tenn
pounds & costs of Courts.



Cap' Patricks
300 ac>s lajd
out to Zk.
Gold.



May the 23, 1666.
Humbly sheweth this honoured Generall Court, that, whereas wee,
Thomas Houlet & John Gage, being by order of this Court appointed to lay
out & measure vnto Zackeus Gold the three hundred acres of land granted to
Captaine Patricks formerly, in obedjence vnto which order, wee, the aboueid
Houlet & Gage, haue, according to our best judgment & skill, measured out
the sajd tract of land about one yeare since, one hundred & thirty acres of
the sajd three hundred acres of land being bounded on the northwest by An-
diver Ijne, & also bounded on the north east by Rouley line, & also bounded
on the south east by the lands of the sajd Zackeus Gold, the other sides of the
sajd land being bounded by the lands of the Majo'^ Generall Denisons farme,
said land lying in a circular forme. There being no more land at liberty in
that place to dispose, wee, the aboue sajd Thomas Houlet and John Gage did
lay out and exactly measure one hundred & seventy acres of land more in a
free place, to make vp the complement of the sajd thi-ee hundred acres, the
sajd land being bounded by the honoured Eichard Bellingham, Esquir, his
lands on the north, & also bounded by the lands of Majo'^ Generall Dennison
on the east, as also bounded on the south & west by the country land, the
sides of the sajd land being in length as foUoweth : first, the Ijne being next
the majo" farme two hundred & forty rods, the other Ijne parrell one hundred



THE MASSACHUSETTS BAY IN NEW ENGLAND. 309

& sixty rods, the other two Ijnes being each of them one hundred & forty 166 6.

rods. This by vs, ' ,

THO: HOULET, 23 May.
JOHN GAGE.
The Court approoues of this returne.

Whereas Anna Page, the wife of Nicholas Page, was indicted at the last Courts sen-
Court of Assistants for adultery, & by reason of disagreement of bench & iurv ^^"^ ^iR' Anna

, " J J' Page,& accept-

the case was brought to this Court for further trjall, & vpon a full hearing of "ncofher
the case, the Coui-t found hir guilty of much wickednes, but vpon a motion ^"i;"""'"^^"''
from hirself, the Court gaue hir opportunity to make acknowledgment of such
hir great offences w* were charged vpon hir, which accordingly she hath
donne to the satisfaction of this Court, who doe hereby declare their accepta-
tion of it, so as she make the like acknowledgm' in open Court when *called [*571.1
thereto ; that as the Court hath seene the fruits of her repentance, so it may
be declared to others also. The sajd Anna Page came into the Court, & openly
made acknowledgment, in like manner, to the Courts acceptance, who ordered
that M'^ Page pay the charge of the witnesses, & so is discharged.

There being about two hundred and fifty of the inhabitants of Christo- Countrys care



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 37 of 77)