Nathaniel Bradstreet Shurtleff.

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

. (page 38 of 77)
Online LibraryNathaniel Bradstreet ShurtleffRecords of the governor and company of the Massachusetts bay in New England : Printed by order of the legislature → online text (page 38 of 77)
Font size
QR-code for this ebook


phers here arrived, & more howerly expected to come hither from thence, it f P™J'^^j°"

- ' lor Xtophers

is ordered, that Majo'^ Generall Dennison & Majo^ General! Leueret, Capt «ien releife,

&c.

Thomas Clarke, Leif ? Hopstil Foster, & M' Edw Collins be a comittee to treate
w* the gentlemen vndertakers of the sajd company here arriued, & to vnder-
stand from them the grounds of their coming liither, their conditions, & their
intentions as to disposall of themselves, & to make their report to this Court,
that so the Court may the better consider what the minde of God is, & their
duty in such an affaire.

The comittee appointed to treate w**" the gent" strangers lately arrived
from Christophers Island declare that they finde that they cannot resolve at
present their oune course for the future, & that they cannot give an exact ac-
compt of the certeine number of persons that are come ; & those come mostly
are able to provide for theraselues ; yet that there are some so necessitous that
doeth call for the charity of their countrymen : the number of them is aboue ;
& whereas there is a diferenc betweene the masters & vndertakers about the
ship, it is thought requisit that there be a speedy course for the issuing there-
of, for that the after motion of divers may haue dependance therevpon.

Leiil Peter Oliuer & Cap? James Olliuer being appointed by this Court ^^ "*"™'^ "^

'■ u i J. ^ -wanting p'sent

to repaire aboard the ship Speaker, lately come from the Island of Christo- releife.



10 THE RECOEDS OP THE COLONY OF



23 May.



1 G 66. pliers, & enquire such necessitous & poore persons that came iu the sajd ship^
being of the number of those captiues sent from the Island of Christophers
by the French ; & whereas they haue made their returne, wherein they report
that there are seuerall persons very jpoore & in want, w'^'' need present releife,
but yet hope that most of them will speedily shift for themselues, & that gen-
erally they doe incljne to returne to some place in the West Indies as soone
as may be, —

This Court, desiring to ease the country of any vnnecessary charge, &
yet that none who are in extremity want releife, doe order, that M"^ "W™ Bar-
tholmew, M"^ Joseph Eocke, & M"^ Habbacucke Glouer are hereby desired &
irapowred as a comittee to take care that all such persons of those captiues
that are vnable to worke for their liuelyhood be supplied w* necessary releife
at the publick charge, not exceeding three shillings p head p weeke, vntill
such time as there may be passage prouided for them to the Indies, or any
other place where they desire to goe, which is referred to the care of the sajd
comittee to procure by the first oppertunity ; & for those that are vnable to
pay their oune passages, the sajd comittee ^ impowred to make agreement w""
the master of any ship or vessell for their transportation at the most reasonable
rates they cann, to be pd out of the publick treasury ; & the accounts of what
shall be necessarily disbursed in this matter shall be transmitted vnto the
Treasurer of the country, who is ordered to sattisfy the same out of the next
country rate.

The gent° late inhabitants of Xtophers & vndertakers, haulng earnestly
mooued that the difference betweene them & the master of the ship Speaker
might speedily be heard & issued, & the honoured Governo' hauing promist
them that so it should be, the Court, considering their condioon, doe order that
the case of difference aboue mentioned be heard by this Court on the morrow,
at eight of the clocke in the morning, & that notice be giuen accordingly.
Warrants to partjes concerned issued out, and accordingly, at the time appoint-
ed, the parties appeared. Theoder Loueranne, left colonell, for himself, & as
atturney for y^ rest of the vndertakei's by virtue of the letter of atturney to
him directed, w* was by them acknouledged to be their act, as in the saiue
largely may appeare, plaint, & Robert Gourden, master of the ship Speaker,
def '. Euidences were produced by both partjes, their pleas heard, on all w""*^
the Court proceeded.

The ship Speaker arriving in the harbor at Boston the 3"^ of June, w"*
aboue three hundred persons from Christophers, after the surprizall thereof
by the French, a controuersy arising betweene Leifteniit Colonel Theoder



THE MASSACHUSETTS BAY IN NEW ENGLAND. 311

Loueranne & partners, clayming the sajd ship *as purchased of the sajd 1666.
French governo"' & council there, (who had seized & possessed the sajd ship " '^

23 May.

by a guard of French souldjers, & setting vp the French colours, as by the j^^^^, L^^er-
deed made to Robert Clarke, & other euidence, together w**^ the masters ac- ann<= & ^o™-

pany pplain-

knouledgment, appeares,) & Robert Gourden, master of the sajd ship, who tiffs, & Rob'
clajmed right & title in the sajd ship by a letter of atturney, or power de- ^j^- speaker
riued to him from Capt Morrice "Willjams, the ouno' of the sajd ship before *<=fend'.
the surprizall thereof, together w"* the islands ; and the sajd Leift Colonel <- "''J
Loueranne, in the behalfe of himself & company, complayning that the sajd
Gurdon deteyned the sajd deede of sale, & claymed the sajd ship in right of
the sajd Morrice Willjams, notw""standing the surprizall thereof by the
French, & their sale thereof for valuable considerations, & vpon othe[r]
hard termes to the purchaser, viz', to carry of three hundred English in
a very short time, &6.

The Court, considering the premises, w*"* the euldences, doe adjudge &
declare the said ship Speaker, w"' the appurtenncs, to the sajd Leiutennt Col-
onel Loueranne, Leift Robert Clarke & company, and that the deed of sale,
signed by Anthony De Bourg, secretary & notary publick for the French vpon
the Isle of Christopher, be deliuered to the sajd Leiut Colonel Loueranne &
company, as propperly belonging to them ; & to prevent any further trouble
betweene the ouners & marriners, the Court doeth declare, that the wages of the
sajd master & seamen of the sajd ship, since the sajd sale or purchase of the
sajd ship, ought to be dischardged & payd by the sajd Leift Coi Loueraunne &
company.

In answer to the peticon of M' Henry Bridgam, the Court, hauing due- Courts judgm*
ly considered of the euidences & allegations in the case, produced by the sajd gam^Edm-
Henry Biidgam & Edmond Dounes, doe judge that the defend', M' Edmond Dounesca«,
Dounes, shall pay vnto Henry Bridgam, peticoner or plain?, the sume of nine-
teen pounds fiueteene shillings & tennpenc, dafaage & costs of this Court.

In ans"^ to a peticon exhibited to this Court by M'^ Elizabeth Endecot,
the relict of the late hon"! Govemo', Jn" Endecot, Esq', deceased, ^ and Zerub-
babell Endecot, their sonnes, for setling the estate of the sajd John Endecott,
deceased, according to an instrument, (on file w"' the reccords of this Court,)
to which the hand & seale of the sajd John Endecot, deceased, is annexed,
bearing date May 2% 1659, after a full hearing of all partjes concerned in the
sajd estate, (i. e.,) the sajd M« Elizabeth Endecot, & hlr two sonnes, M' John
& M' Zerubbable Endecot, M' Jeremiah Houchin, being also present in the
Court, & respectiuely presenting their pleas & euidences in the case.



23 M.iy.
Courts finall



312 THE RECORDS OF THE COLONY OF

1G66. For a final issue whereof, this Court doeth order, & judge meete to de-

clare, that the sajd estate shall be divided betweene the aboue sajd widdow &
hir two sonnes, according to the aboue sajd writing on file, provided alwajos
judgra'to whereas the farme called Chickerings Avas by deed of sale or guift made ouer

SCtlG Y" Itlts

Gov'Ende- to M"^ John Endecott sundry yeares before the date of the aboue sajd mstru-
cots estate. ^ent, to haue & to hold the same to him, his heires, & assignes foreuer, —

This Court doe judge meete to order & declare, that the sajd John Ende-
cott shall enjoy the same to him, his heires, & assignes foreuer, (any thing in
the aboue sajd writing that may seeme to contradict the same notw*''standing.)

And also whereas there doeth appeare to be lesse provission made for the
wife of the aboue named M' John Endecott then may seeme aequall, or was
the reall intent of the abouesajd John Endecot, Esq', deceased, who had dur-
ing his life speciall favour & respect for her, —

This Court doeth order, that M'^' Elisabeth Endecot, the now wife of the
aboue named M'' John Endecot, in case she shall surviue the said John, hir
husband, shall injoy all that estate of houses & lands mentioned in the aboue
sajd instrument, as bequeathed to the sajd John, hir husband, during hir
naturall life, (not suflfering any strip or wast to be comitted on the same,)
any thing conteined in the aboue named instrument notw^standing.

And this Court doeth also order & declare, that whereas the abouesajd
[*573.] *M" Elisabeth Endecot, widdow of the aforesajd John Endecot, Esq'^, deceased,
is seized, according to the abouesajd instrument, of the goods & chattells of the
sajd John Endecot, Esq"^, her late husband, deceased, in case shee shall dye
seized to the value ^ more then eighty pounds st', pte thereof ^ the same shall
be divided betweene her sonnes, M"^ John Endeot & M' Zerubbabel ; and the
sajd John, being the eldest sonne, shall haue a double porcon thereof. Finally,
this Court doth impower the sajd M" Elizabeth Endecot, relict, widdow of the
aboue named John Endecot, Esq', deceased, sole administratrix on the estate
whereof he djed seized, she bringinge in a true inventory thereof to the next
Court for the the county of Suffolke, & discharging all debts due from the
sajd estate.

This Court was adjourned to the tenth day of October next, at eight of
the clocke in the morning.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 313

Att a speciall Genercdl Court, called by the honored Dep' Governor, 16 66.
&" held at Boston, the 11"' of September, 1666. ''

./ X- ' 11 September

Present thereat, EI Bellingham, Es^, Gove%

Fra Willoughby, Es^, Dep* Gove'.

Symon Broadstreet,

Saffi Symonds,

Dani Gookin,

Dani Dennison,

Symon Willard,

Rich Russell, ■ Esff>s.

Tho Danfortli,

W™ Hauthorne,

Eliazer Lusher,

John Leueret,

John Pinchon,

The names of the deputjes returnd from the seuerall tounes to serve at y°
Court, those y' were for y^ yeare vnder y^ mark *, the rest newly chosen : —

( M' W"' Broune,
I Capl George Corwin.

* Leift Hopstill Poster.
M' W" Sumner.
M' W" Parks.

* Lef I Griffin Craft.
Cap? Pra Norton.

* Lef ? Rich Sprague.
Capt Tho Clarke.

* M"- Antho Stoddard.

* Leil Rich Beers.
M"^ Sam Thatcher.

* M' Olliuer Purchis.
M' Edw Collins.

* M' Edw Jackson.
M' Tho Bishop.

* M' ^ Goodhue.

* M"^ Henry Seawall.

* M' Tho Dyer.

* Ensigne Jn" Thaxter.
VOL. IV. PART II. 40




THE KEOOEDS OF THE COLONY OF

Capt Timo Wheeler.
Lef ? Josii Fisher.
Ens Dani Fisher.
Cap? W" Daujs.
Capt Eo^t Pike.
M' Sam Dalton.
M' Rich Swan.
Leif ? Tho Noyce.
Ens Moses Pajne.
Cap Ri "Waldern.
M' W" Steevens.
M' Nath Fryer.
Cap? Edw Johnson.
M' Ralph "Whelocke.
M"" W" Holton.
M' Hen Clarke.
M"^ Peter Tilton.
M' Tho Hincksman.
Cap? Nath Saltonstall.
M' Humph Dauy.
M' Charles Gott.
W" Ward.
Steven Kingsly.
Leif t Jn° Osgood.
Cap? J"n° Wayte.

THE Court being mett together, the Dep' Governo' comunicated to them
the grounds of his assembling the Generall Court.

Itt is ordered, that some of the reuerend elders that are or may be in
toune be desired to be present with the Generall Couit on the morrow morn-
ing, & to beginn the Court, & spend the forenoons in prayer.

It being put to the question, whither the council mentioned in the paper
given into the Magis's by M"^ Samuel Mauerick be meant of this Generall
Court according to our sence, the Court resolved it on y* afiirmative.

The Court, hauing binn informed that the prsesident of the coUedg is in
some necessity, by reason of the aflicting hand of God vpon him in his sonne,
& other things concurring thereto, judge meet to order the Tresurer of the
country forthwith to pay vnto the sajd prsesident the soine of twenty pounds,
as a gratuity from the Court for a supply of his present wants.




THE MASSACHUSETTS BAY IN NEW ENGLAND. 315

Whereas this Court, in May, 1660, did impowre M' Richard Eussell,
Cap? Edward Johnson, M"^ Anthony Stoddard, & M"^ W™ Partes as a coinittee
to agree w"" Capt Francis Norton, or any other, about the custome or impost
of wines, the w* was to be improoued for the buying of powder, this Court
judgeth it meets to reimpower the aforesajd gentlemen for the further prose-
cution of the aforesajd order to all intents & purposes therein exprest, & their
power to continue till this Court take further order therein.

It is ordered, that Majo' Generall John Leueret shall & is hereby im-
poured to dispose of all the countrys great gunns that lye heere or there in any
toune, & not in any fortiffication, fitt for vse, to such places that are fitted w""
fortiffications as he shall judge to be best for the publicke.

The Court, hauing pervsed the paper presented to the magistrates by M'
Samuel Mauericke, now in Court, judge tbat some meete answer be given
therevnto by this Court, & to that end haue chosen & appointed the honored
Dep* Gove', Cap? Gookin, Maj"^ Gen Leueret, Capt Waldern, Cap? Johnson,
M' Humphry Davie, & M"^ Peter Tilton as a coinittee, who are hereby de-
sired to drawe vp what they shall judge meete to be donne in the case by way
of answer thereto, making their returne thereof to this Court.

Weymond Bradbury, of Salisbury, Eichard Kemble, & James Moulton,
of Wenham, & M"^ James Pendleton, of Portsmouth, on their seuerall cirtiffi-
cates, are admitted to tbe freedom of this comonwealth.

*0n the motion of S' Thomas Temple, informing this Court that seuerall [*574.]
inhabitants of this jurisdiction haue, contrary to the order of this Court pro-
hibbiting all their inhabbitants to make any incroachements on the confines of
the sajd S' Thomas Temple, taken vpon them to goe into his territorjes, &
there breake open the house of the sajd S' Thomas Temple, & haue despoyled
him of his goods, & being come hither some of them, this Court judgeth it
meete to desire Major Generall Jn° Leueret & Capt Thomas Clarke, who haue
in themselues power to excert their authority, to send for such persons, by
warrant, to appeare before them as S' Thomas Temple shall informe them to
haue had any hand in despoyling him of his goods, & the sajd persons
thoroughly to to examine, & if therevpon they finde cause, the sajd persons to
comitt to prison, making their returne of what they shall doe to the next
Generall Court.

In ans'' to the request of Cap? Daniel Gookin, it is ordered, that Dauid Coinittee to lay
Fiske, surveyo', or Samuell Andrews & Leiftennt Wheeler, of Concord, shall Gookins 500
& hereby are appointed to lay out the fiue hundred acres of land granted ''"•
him by this Court in October, 65, at a place that is free betweene Concord
& Lancaster bounds, next adjoyning to the Indian plantation called Nasho-



11 September.
Courts sen-



316 THE RECORDS OF THE COLONY OP

1666. bah in such convenient forme in a ^ the place may affoord, provided it be
altogether.

This Court, on a due & full hearing of Thomas Gold & Thomas Osborne,
tence ag' y standing coimtted by virtue of an order of the Generall Court October, 1665,
for their schismatticall & irregular practises ag' the publick worshjp of God,
in opposition to the order & peace of the churches of Christ here setled, the
prohibition of the sajd Court notw^standing, doe order, that on the sajd Tho
Golds & Tho Osborne paying their fines according to the sentence of the
last Court of Asistants, & fees of Court, they shall be dischardged the prison.
It is hereby also further ordered, that the order of the Court of October, 1665,
referring to the sajd schismatticall assembly, shall & hereby is declared to
stand in full force in relation to the sajd assembly, & all such as are members
thereof

It is ordered, that the elders now in toune be desired to be ^sent w* the
Court presently after the lecture, to affoord their advice in the weighty matter
now in hand.

It is ordered, that the letter passed this Court, & here vnderwritten, be
signed by the secretary, & deliuered to the coinittee appointed by this Court,
referring to England, to be sent to Secretary Morrice.

Courts letter Right Hono'*'*

riceT"ans'to' "^'^ majestjes gracious letter, du-ected to the Governo'^ & council, dated

yaigniffica- ogth ^^y gf February, 1665, was received, & coinunicated to the council the

tion.

17* July, 1666. Wee doe w"' all thankfuUnes acknouledge his great care in
forwarning us of our danger by the French & Dutch, & directing us to pre-
pare for our defenc, w*, according to our weake abillity, wee haue binn &
are endeavoring.

As touching the reducing of Cannada, &S, the council hauing aduised w"*
S"^ Thomas Temple, Governo"^ of Nova Scotia, & w"" the GoQno'' of Conecti-
cut, who both concluded with them that it is not feasable, as well in respect
of the difficulty (if not impossibillity) of a land march ouer the rocky moun-
teines & houling desarts about fower hundred miles, as the strength of the
French there according to report.
[*575.] *Ilis majesties declaration of the warr ag* France sent inclosed, &5, it was

solemnly published here by sound of trumpet. "Wee haue susteyned some
losse & dainage by the French & Dutch in our shipping abroade, & in our
smaller vessells vpon our coasts, where, at our very doores, a man of warr
hath taken two or three vessells to a considerable value.

Where vpon some of ours, by coinission from hence, haue lately taken



^" y

11 September



THE MASSACHUSETTS BAY IN NEW ENGLAND. 317

thi-ee or fower of their fishing shipps vpon the coast of Cannady. And for the 16 6 6.
future wee shall endeavour, by the asistanc of God, to preserve & defend the
honor & interest of his maj'^ & the English nation in these parts.

Wee may not omitt to acquaint your hono's that a writing was deliuered
to the Governo' & Majestrates, by M"^ Samuel Mauerlck, the G''' Sep?, w'^iout
direction or seale, which he salth is a copie of a signliEcatlon from his ma-
jestic, of his pleasure concerning this colony of the Massachusets, the cer-
teinty whereof seemes not to be so cleare vnto us as former expresses from his
majesty haue vsually binn.

Wee haue in all humillity given our reasons why wee could not submitt
to the comissloners & their mandates the last yeare, w"^'' wee vnderstand lye
before his majesty ; to the substance whereof wee haue not to add, & therefore
cannot expect that the ablest persons among us could be in a capacity to
declare our cause more fully.

Wee must, therefore, coinitt this our great concernement vnto Almighty
God, praying & hoping that his majesty (a pfnce of so great clemency) wiU
consider the state & condlcon of his poore & aflicted subjects at such a time,
being in eminent danger by the publlck enemyes of our nation, and that in a
wildemesse farr remote from releife.

Wherefore wee doe in most humble manner prostrate ourselues before
his majesty, & beseech him to be graciously pleased to rest assured of our
loyalty & aleagance according to our former profession.

Thus, w* our humble service to yo'' honno'', & earnest prayers to God Sup'scribed,

« , . . . n „ n 1 • ■ These ffor y

for his majestjes temporall & BBternail happiness, we remajn, m, Honncble

, S' W" Morrice,

Your bono™ humble servants, ^^^ „f ^^^

^ „ mai"" most

EDWARD EAWSON, Secre?y, honncbie

In the name & by order of the Generall Court. ^ secretary of

state.

Dated from Boston, 11* Sep?, 1666. Present.

This Court, haulng read & taking into consideration the contents of
the petitions presented from Newbery, Ipswich, Salem, & Boston, being
for substance but one, & finding that the peticoners doe therein vnjustly
charge, threaten, & reflect vpon this Court, to the dishono'' of the members
thereof, —

It is ordered, that Captaine William Gerrish, of Newbery, Cap? John Courts order to

y->( -y mi CI n r y*^ secret, to

Apleton, of Ipswich, M"' Edmond Batter, of Salem, Capt ihomas bauage, M"^ suinonypeti-
Tho Bratle, M' Habbacuck Glouer, & M-^ Thomas Deane, of Boston, all of '''"^■■^' &^-



318 THE EECORDS OP THE COLONY OF



11 September.



1666. them principall persons in the sajd peticons, some of them persons in pub
licke trust, all saue one freemen of this colony & members of churches, be
by the secretary warned to attend this Court in October next, to answer for
the same.
Ap'sentforhis It is ordered, that y* two very large masts now on board Capi Peirce his

™^^ t' &° ^"^^ ^'^^P ^^ procured by Francis Willoughby, Es^, Dep* Go?, for the countiys
vse & at their charge, & if they can be obteyned, & that God please they
arriue safe in England, then to be presented to his maj''' by S'' W™ Warren
& Capt Jn° Taylor, one of the comissioners for the navy, as a testimony of
loyalty & affection from y° country, & that all the charge thereof be pajd out
of the country treasury ; & that thereby forthwith one thousand pounds ^
raysed either by loane from particular persons, or by a rate made for that
purpose, for payment of y* sajd masts & other occasions.
Comittee to -A-nd for the better effecting thereof, it is ordered, that M' Dep* Gouerno"^,

effect it. -^r Xho Danforth, M' Edw GoUings, & M-^ Humphry Davye, shall & hereby are

appointed a coiiiiittee, or any three of them, impowred to contract for the sajd
masts & what is necessary in order to their sending, to whom this matter is
wholly refferred, or any three of them ; & the Tresurer is hereby impowered
to put forth his warrants for doubling the country rate, & to make abatements
for obteyning of mony for effecting the ends proposed ; and that the coinittee
drawe vp suiteable letters to his majesty & to y" gent"^ aboue exprest, referring
therevnto according to their best wisedome, to be pervsed by the Court at
their next session, or in defect thereof by the councill, for their aprobation ;
& y* what charge is necessary to be disbursed in & about the things ^men-
tioned, that it be sattisfied by the country Tresurer, who is hereby ordered
to deliuer such summe or somes as shall be necessarily required for effecting
the same.




THE MASSACHUSETTS BAY IN NEW ENGLAND,



*Att a second Sessions of the Generall Court, held at Boston, the

•^ ' 10 October.

10"' October, 1666. [*576.]

Present, Ei Bellingham, Es^, Govef,

Fr "Willowghby, Es^, Dep' Go',

Symon Broadstreet,

Sam Symonds,

Dan! Gookin,

Daniel Dennis on,

Symon Willard,

Rich Russell, ■■ Esff>s.

Tho Danforth,

W™ Hauthorne,

Eliaz' Lusher,

John Leueret,

John Pinchon, ^

IT is ordered, that all such as haue any particular cases depending in this
Court doe attend the hearing thereof on the morrow mominge, &d.

Whereas the law, title Military, seel 7, requires euery pikeman to be
compleately furnished, (amongst other weapons, w* a sufficjent corslet,) this
Court, considering that corslets are wanting to many souldjers in seuerall
companjes, & the supplyes therein are not easily to be attayned, —

It is therefore now ordered, & by the authority of this Court enacted, that
euery pikeman w'^n this jurisdiction shall be compleately furnished either
w"' a suificjent corslet, buffe coate, or quilted coate, such as shall be allowed by
the cheife officer vnder whose coinand they from time to time shall serve, vpon
the pcenalty in the recited law already expressed, any lawe, custome, or vsage
to the contrary notw^'standing.

As an addition & explanation of the lawe, ti? Strajes, this Court, finding
that seuerall inconveniencies and troubles doe arise about strajes, catle and
horses, &d, and that the temptation may be too great on some persons in
remote tounes & farmes to take vp catle, &6, and make strajes of them, the
whole benefit redounding to themselues, —



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 38 of 77)