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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This Court doeth order for the time to come, that all strajes shall be first Order ab'
crjed in that toune of which they haue the brandmarke, & that all such strajes '^^^ '
& other lost goods contejned in the sajd lawe shall be entred w"" the county
recorder in each county, & by him transferred to the country Treasurer w"'in



320



THE EECORDS OE THE COLONY OE



1666.



10 October.



Oder ab' salt
peeter.



Order for a day
of thanks-
givinge,
8 November
next.



one moneth ; & in case the sajd goods & streyes are not ouned w*'^in one
yeare, as is therein expressed, then the one halfe, or the value of one halfe,
shall be to the vse of the country, and the other halfe to the finder, the charges
being first pajd out of the whole.

Whereas the Court hath encouraged & authorized some persons to make
gunpowder, & haue promised to enable them therevnto by such publick &
necessary orders as may conduce to the effecting the same, the consideration
whereof hath mooued the Court hereby to order & enact, that the selectmen
of euery toune (where the poudermakers authorized by this Court shall desire
it) be authorized & required hereby to make & execute such orders in their
respectiue tounes as they shall judge meete, w*'' the aduice of skilfull persons,
for increasing & procuring of salt peeter, & to impose such poenaltjes as the
selectmen shall see meet, not exceeding ten shillings for one offence, vpon all
persons that shall neglect or refuse to performe such order or orders for the
proppogating & increasing of salt peeter in their respectiue tounes ; and more-
ouer the sajd selectmen are further impowred to choose and appoint an officer
or officers, and to allow him a convenient stipend aiiually for his pajnes out
of the fines or otherwise, to looke to the executing such orders as they shall
m.ake in that behalfe.

And it is further ordered, that such selectmen who shall neglect or re-
fuse to make & effectually execul such necessary orders as shall conduce by
the ends aforesajd, they shall be presented at the Court of that county, & there
be fined for their neglect, at the discretion of the Court, not exceeding fine
pounds for one offence ; & this lawe to be put in execution forthwith after the
publication thereof; & this to continue during the Courts pleasure.

The Lord hath sajd. He that offereth me prajse glorifyes me, & he that
orders his conversation aright shall see the salvation of God, & that prajse is
comely for the vpright, & that in Zion especially the Lord is to be exalted ; &
forasmuch as it must needs be acknouledged that the poore people in these
ends of the earth haue had not only diuers former but later experiences of the
favour & grace of God to us, & in particcular the yeare past, in the continu-
ance of our civil & spirittual libertjes, in preseruing us from invasion of the
comon ennemjes of our nation, in sparing such a portion of the firuites of the
earth as may be for necessary sustenance, notw"'standing the threats of his
displeasure against vs the summer past, in the drought, blastings, & mildews,
the consideration & sence of these mercjes hath mooued the Generall Court
hereby to appoint the 8"^ day of November next to be kept as a day of solemne
thanksgiving to Almighty God for his mercjes in the respects before men-



THE MASSACHUSETTS BAY IN NEW ENGLAND. 321

tioned, & doe coinend it to the ministersj people, & churches vf^Hn this jurisdic- 1666.
tion to keepe the same accordingly. ' t

*Forasmuch as there are many causes of deepe humiliation & earnest pj^,«w,'
supplication remayning among us, as well in respect of the growth of sin & orderforaday
prophanes, as pride, oppression, sensuality, carnall security, formality & of humiliation,

■ -^22 Novemb'

heresy ; as also the Lords hand still inflicted vpon vs in some parts of the next,
country, in respect of the smale pox, blastings, meldews, drought, caterpillars,
grashoppers, w"' the effects thereof, whereby many of our outward comforts
haue binn shortned, together w''' the consideration of our nation in respect of
warrs & pjEstilence, yet continuing in some parts, especially considering the
low estate of the true professors of Christian religion in all parts ; and, in
particular, that the Lord would yet continue our precious libertjes & injoy-
ments, civil & spirituall, & keepe vs from the assaults & invasion of our enne-
mjes, & that he will please to blesse all good meanes to those ends, or other-
wise to prepare us to submitt to his good pleasure, and that the Lord will
please to preserve the fleet of ships lately gonne from hence, & giue them a
safe ai-rivall at their desired ports ; the sence & consideration of these things
hath mooued the Generall Court hereby to appoint the two & twentieth day
of November next as a solemne day of humiliation & supplication of the Lord
our God, & doe cofuend it to all the respective churches, people, & minsters
w'Mn this jurisdiction, to keepe the same accordingly.

In the case betweene John Cheekly, plaintiff, ag' John Saffyn, defend'. Courts judgm«
After the Courts judgments, & all other euidences in the case produced, were g^^n^^ Je
read, the Court finds for the defend' fower pounds damage in bisket, w"" the
costs only of the Comissioners Court & filings in each Court, twenty fiue shil-
lings & sixpence.

In the case of M"^ Edward Tyng, plaintiffe, by peticon, ag* M' John Courts judgm'
Saffyn, defend'. After the Court had heard the peticon, pervsed the Court case ag' M'
of Asistants last judgment, & all other euidances in the case produced, the ^™y"-
Court found for the defendant one hundred pounds damage, & y' the plantif
pay forty shillings for the Courts hearing the case, & costs of this Court seuen
shillings & sixpence.

In the case of Cap? Richard Walderne, plaintiff, ag' Xtopher Palmer, Courts jiuigm'

,,.,.,.», inCap'Wal-

defend', coming to this Court by the benchs refusing the virdict of the jury dems case ag'
at the Court of Asistants, &S, the Court hauing heard & read the virdict of ^'"p''^"^ ^'^^^
the jury, & all euidences in the case produced, the Court finds for the plain- Jn» Redman,
tlffe three pounds damage, & the grasse he had, & costs of Courts, fowerteen paimer.
pounds seventene shillings & fowerpence. Courts jiid;m<

in Pulnier :u'

In the case now before the Court, betweene Xtopher Palmer & Edward Cjlcords case.

VOL. IV. PART II. 41



322



THE RECORDS OF THE COLONY OF



1G66.

10 October.
To. Redman,
attiuney for
Palmer, ap-
peared.



Courts j udgm*
ag^ Xtopher
Palmer, in y"
criminall case.



Cap' Wal-
demes costs,
ei U'.

M' Gen" Deni-
sons farme layd
out & con-
firmd ; y" plott
is on file.



[*578.]

Prizes of
corne.

Comittee for
peticons.
Comittee to
treate w'h S'
Tho. Temple
ab* purchasing
his gr' guns,
&c.



Colcord, coming to this Courts cognizance by reason ^ disagreement betweene
the bench & jury at the Court of Asistants, the Court, on the hearing of the
case, & perusall of all euidences produced in the same, doe finde for Edward
Colcord costs of Court, conflrmg the the virdict of the jury at the Court of
Asistants, & the judgment of the Court at Salisbury, who found for the sajd
Colcord the meadow sued for, & costs of y' Court.

In y« case of Chi-istopher Palmer, being bound ouer to the Court of
Asistants w"" his oune consent, to answer his criminall offence in irregular
proceedings as deputy to the marshall generall, in extending an execution for
Israeli Wight, & by the Court of Asistants referred to this Court for a deter-
mination, the sajd Palmer making default by his non appearance at this Court,
being three times called, & it ' being cleared to the Court that suinons issued
out for his appearance at this Court, which Cap? "Waldern, on his oath,
affirmed he deliuered to the sajd Palmers wife, the Court finds that the sajd
Palmer hath forfeited his bond of one hundred pounds, together w'l^ his
surety, which is to be estreated to the Tresui-er accordingly, out of which
the Tresurer is to pay vnto Capt Richard Walderne sixe pounds eleven shil-
lings, as his costs in prosecution, &6.

The returne of Majo"^ Gen Dennison farme on Conecticot Eyuer, aboue
Hadley bounds, layd out by M'' Elitzur Holioake & Dauid Wilton, according
to the Courts order, was ^sented w*'' a plot of the land, & the length of y'
seuerall Ijnes, viz* : the north & south square Ijnes, sixteen score rods ; the
Ijne from the great ryver, next (Hadley bounds) to a litle brooke, & runs into
a pond, where a stake is sett, & a trench cutt round about y" stake, & is three
hundred thirty three rods, & a litle more, & runns east & by south & west &
by north, & most northerly bounds is a Ijne that runns from the great ryuer,
easte by south & west & by north, extends a hundred sixty sixe rodds & a
litle more, to three maples that growe together in a dismall swamp neere the
entring into it ; & from the sajd three maples, vpon a north & south Ijne, six-
teen score rodds, to the stake neere the brooke that is cut about w"^ a trench.
This returne was allowed & approued of by the Court.

*Itt is ordered by this Court, that the same order which was made the
last yeare, stating the prises of corne & other things payable into the country
rate, shall in all respects stand good for this present yeare.

M' Tresurer, M"^ Richard Eussell, Capt George Coruin, & M' Anthony
Stoddard are hereby appointed a coinittee to pervse the peticons now in Court,
making their report what they judge necessary to be donne therein.

The Court being informed by y' Majo'' Generall Leueret, that there are
seuerall great gunns wanting to supply the necessary occasions of this country



THE MASSACHUSETTS BAY IN NEW ENGLAND. 323

in relation to the seuerall forts already erected, and that S' Thomas Temple 166 6.
hath seuerall great gunns at his dispose, some whereof he hath lent, & are ' '' '
improoued in the Sconce at Boston, & others he hath also to dispose of, & pos-
sibly for such payment & at such prizes as will prooue as easy as this country
cann expect at any time to procure such, it is therefore ordered, that the
Tresurer & Majo' Generall are hereby appointed a comittee, & impoured to
treats w* S'' Thomas Temple, & to agree -w^^ him for the sajd guns, or so
many of them as he shall be willing to part w"^, & to make him satisfaction
for y® same.

In answer to the peticSn of Willjam Salter, humbly desii-ing the favour Ans' to W"
of this Court to grant him a hearing of his case againe, betweene him & John 5o„_^" ^^ *"
Woodmansey, &6, the Court orders a hearing of his case at the next Court
of Election, so as the peticoner giue due notice thereof.

In answer to the peticon of the inhabitants of Newbery, humbly craning Newbeiy fine
the favour of this Court to remitt the fine of tenn pounds imposed on them
by this Court the last yeere for their deputys non attendance the service of
this Court, the Court, for the reasons therein rendered, judg meete to remitt
that their fine.

Wliereas the hono'^*'® S"" Thomas Temple is, by coiiiission from his most Courts order
excellent maj'y Charles the Seccond, of England, Scotland, Fraunce, & Ireland ^jj , coionys
kinor, &6, constituted govern', & his maiesties leiftenn' of Accady & Nova inhabitants to

° ' ' o ' J J J intrade any

Scotia, from Meriliquish, on the east, to St. Georges, & Musconcus, on the way on S' Tho

_ - .-_.^,- , o'li. 1 ' o Temple, his in ■

confines of New England, on the west ; & is thereby impowred to seize & tg^ggt ^r teni-
confiscate the vessells & goods of all persons tradeing peltry or furrs w"' Indians *°'T^-
without his licence ; as also to bume, kill, & destroy all such as shall resist
him, as appeareth by the sajd comissions, bearing date the seventeenth day of
July, 1662, being the fowerteenth yeare of his maj'^ reigne, — this Court judg-
eth it meete to prevent all forcible contests or vnnecessary losse that may be
occasioned by any exorbitant or inconsiderate persons, as also all occasions of
ofience betweene this colony & the honourable governor aforesajd ; & being
desirous that a loving & good correspondency may be cherrished & majn-
teyned, —

It is ordered & by this Court enacted, that henceforth it shall not be
lawfuU for any person of this jurisdiction to trade for farrs or peltry with the
Indians w'Mn the Ijmitts aforesajd, w*out licence from the sajd governor, &d.
And it shall be lawfuU for the sajd gouernor, his majestjes leiftennt, or his
atturney authorized therevnto vnder his hand, to arrest, sue, & implead any
pei-son or persons that shall be found offending herein, in any Court within



324



THE RECORDS OF THE COLONY OF



1666.

10 October.
2-50 ac'3
granted to M'
Sum. Symonds.

Addition to
Clarke of dep'r
sallery.



Colo. Crounes
case heard &
found not
triable heere.



the Ijmitts of this colony, in any action of the case, or trespasse, & shall haue
sequall justice therein.

In ans-vver to the motion & request of M"^ Samuel Symonds, the Court
grants him two hundred & fifty acres of land, where it may be foimd free
from hindering any new plantation or former grants.

Vppon consideration that Cap? W"^ Torrey, clarke of the deputjes, hath
spent much time on the service of the country this yeare, & his sallery but
smale, & he being on his oune expences wholly, w"*" formerly he was not, the
Court orders, that theje be so much added this yeare to him as may make his
sallery twenty pounds.

In answer to the petioon of Colonel W"" Croune for a hearing of his case,
w* was granted to be at this Court, the Court, on a hearing of all partjes,
finde that the case of the compint arises on a title of land out of this juris-
diction, doe judge that it is not triable here. .



[*579.] *Layd out to Cap? Francis Norton & M' Nicholas Dauison, of Charls Toune,

600 acres lajd the fiue hundred acres granted them, in the behalfe of the toune of Charls
Fra' Norton & Toune, by the Generall Court, October 20, 1663, in the moneth of September,
M» Nicholas 1666, on the westward side of the bounds of Lancaster, being bounded on the

Damson, cSrc, °

p'Charia south by the westermost end of a great pond, called Washacome Pond, at a

white oake marked at the brincke of the sajd pond ; & from thence a Ijne vpon
a north & by east point, three degrees easterly, according to the meridian com-
passe, two hundred fifty eight rods or poles ; & from thence a Ijne vpon a west
point, three degrees southerly, three hundred & thirty rods or poles ; & from
thence a Ijne, three degrees easterly of a south point, one hundred & sixty
rods ; & from thence a Ijne, being partly streight & partly circular, being
bounded by the aforesajd pond, ending at the aforesajd oake tree, w'Mn which

Vide p« 429. Ijnes is conteyned fewer hundred eighty seven acres of land, w"» a parcell of
meadow added at the southwest angle, conteyning thirteene acres, all which
making vp the full complement of fiue hundred acres, as is described by a
plott given in.

P THO: NOYES, Surveyor

The Court approoves of this returne.



cooo acres of In ans' to the peticon of the inhabitants of Braintry, the Court, on con-

to Braintry. ^ideration of the reasons therein expressed, judge meet to grant vnto them
sixe thousand acres of land, in some place, Ijmitted to one place, not preju-
dicing any plantation or particcular grant.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 325

In otedience to an order of the Generall Couit, bearing date the 23* 1666.
May, 1666, appointing vs, whose names are herevnder written, to repaire to "

, , . "10 October.

Wooborne & Billirrikey to decide the difference betweene the two tonnes
about the Ijne that parts the bounds of the sajd tounes, as also to lay out a
farme of fine hundred acres of land, purchased by the two Weyraans of the
heires or trustees of M"^ Coytmore, deceased.

Concerning the Ijne of diuission betweene these two tounes before men- Coiuittees re-

turne ab* Woo

tioned, wee haue determined that the Ijne of diuission betwene the tounes home & the
shall runn from the pinetree at Cambridge Corner, by a streight Ijne, to the y^"-^^>
marted tree nere the old foote path, from Wooborne to Billirrikey at the corner
of Elder Champneys farme, & what euer land hath binn layd out by Woo-
borne toune, one that side next Billirrica, to John Wymans & Francis Wyman,
shall remajne to the sajd Wymans ; and that the Ijne of diuission betweene
the sajd tounes, in all other places, shall riuin as it is stated by the order of the
Generall Court, i. e., a mile from the river.

And for the farme, after much time spent in vejwing the land, the two
Wymans, John & Francis, being present, & diuers of the toune of Wooborne
w"" us, & after much debate & consideration of the conveniencjes & incon-
Yeniencjes that might acrue to each partje, wee haue ordered the surveyo' of
land, M'' Jonathan Danforth, to lay out to the sajd John & Francis Wayman
fine hundred acres of land, in Wooborne bounds, next adjoyning to the land
& houses of the sajd Waymans, apprehending it to be most convenient &
proffitable for them so to lye.

EDWARD COLLINS,
TIMOTHY WHEELER,
RICHARD BEERS.

The whole Court met together voted the returne of the lands layd out
to Wooborne & the Wymans to be & doe stand good & firme as returned.

In ans' to the petition of Nathaniel Eobbinson, wyer drawer, humbly Ans' to Na'h
craving the fe,vo' of this Court in asisting him to carry an end his trade, the peticon.
Court sees no cause to grant his request.

Layd out vnto the worppfF" Majo' Eliaz'' Lusher the flue hundred acres Major Lushers

, . , .-in 11 ^00 acres lajd

of land, in the moneth of September, 1666, which sajd fiue hundred acres was out.
granted by the honored Generall Court of the Massachusets, in the yeare 1664,
on the west side of the lands granted the toune of Sudbury, as also being
northerly bounded by the lands last granted and layd out to the toune of Con-



10 October.



326 THE RECORDS OF THE COLONY OF

1 G G 6. cord, beginning at a tree marked In Concord Ijne, on tlie east side of a brooke
called Mine Brooke ; & from thenc a Ijne vpon a southwest & by south point
two hundred & forty rods or poles ; & from thence a Ijne vpon a north west
& by west point, two degrees northerly, three hundred & sixty rods or poles ;
& from thence a Ijne vpon a north north east point, fewer degrees easterly,
two hundred & forty rods or poles ; & from thence a Ijne vpon a south east
point, three degrees easterly, two hundred & nine rods or poles ; & from
thence a Ijne, being the Ijne betweene the bounds of Concord land & the sajd
ffarme, ending where wee beganne, the sajd Ijne being one hundred & sisj;y
rods.

By me, THOMAS NOTES, Surveyor

The Court approoves of this returne.

James Pendle- On cirtifficate that, on y" 2'^ of October, instant, the mlllitary company at

tl" NelL & ^ ' Portsmouth had made chojce of James Pendleton for captaine, Walter Neale
Lef Nath. f^^ leiftennant, & Nathaniel Drake for ensigne, the Court allowes & approoues

Drake, ensig.

of Portsmouth, of James Pendleton for captaine, & orders the persons chosen for leftenfit &

ensigne to ofiicjate in those places till they are admitted to the ffredome of

this country, so it be once w'^'in twelve months of y'= date, & that then they

haue their coinissions.

r*580.1 *Iii answer to the petition of Job Tyler, of Roxbury, humbly desiring

Courts ans' to the favour of this Court to grant him a hearing of his case betweene him &

tiCon. Thomas Chandler, the Court, considering of his peticon, in regard of the

shortnes of the Courts continuance in this present session, it is ordered, that
the peticbner haue his cause heard at the next Court of Election, & that in
the interim, Thomas Chandler haue notice thereof, & by order from the secre-
tary be oblidged to attend the issuing thereof, provided that the petiooner then
bring the case.

Ans'to James ■'•'^ ^^^' ^° ^^^ peticon of Janies Euerell, the Court judgeth it meete to

Euerells peti- i-gferr his declaration, now in Court, w*'' his peticon, to the consideration of
con.

such a meeting of a Generall Court, for answer, as shall intervene betweene
this & the next Generall Court of Election, (in case there be any,) or other-
uise to the sajd next Generall Court of Election.
Cap' Claps fine In ans' to the peticon of Roger Clap, captaine of the Castle, humbly

crauing the favo' of this Court to remitt his fine of fifty pounds, imposed on
him by the County Court in Boston, July last, as in their sentence appeares,
the Court, considering of what the peticSner alleadgeth in his peticon, & it
appearing that his omission of what he ought to haue donne proceeded not



THE MASSACHUSETTS BAY IN NEW ENGLAND. 327

from any wilful! neglect, but from a dubiousnes that was vpon him by reason 166 6.
of a former order & the suddaine passing of the shipp, whereby he was sur- ^ ^ ^

, . . . , . ^ 10 October.

prised, judge meet to remitt his line.

On the motion of M'' Symon Broadstreete for the laying out of the fine M' Broadstreet
hundred acres by this Court granted him, to be lajd out in any place not im- a^rto*be lajd
propriated to any toune or person, for his laying doune his grant, &(3, May, °^^-
1666, it is ordered, on his request, that his fine hundred acres be lajd out by
Left Thomas Noyes, George Abbot, & Thomas Chandler, in the north of
Merremacke, neere to Majo' Dennisons farme, lajd out aboue Hauerill bounds,
so it be on the north or east of it, being aboue eight miles from the meeting-
house of Hauerill, in one peace.

In answer to the peticon of M'^ Anna Page, referring to the estate of M' Ans' to M-
Robert Keayne & the disposure thereof, hauing considered the actings of this
Court thereabouts, but more especially a fynall determination therein trans-
acted by a comittee of this Courts deputing, of vnbyassed persons joyning w"'
the ouerseers, this Court judgeth it not suiteable to reuive troubles to the
Court therein, & wherein M"^ Lane, deceased, hath binn injurious to the pe-
ticoner, his former indulging the same may be a sufficjent ground of buriall
therein ; but in case of any non performance of the solem agreement men-
tioned in any article thereof, an inferiour judicature may be applyed vnto, re-
ferring to a legall prosecution therein.

There being a hearing granted by the Generall Court in May last of the M" Rogers
peticon & comp" of M" Margaret E-ogers, widdow, & M"^ John Whiple, ag* ;„ jj^. ^^^^j^ ;„
M''^ Rogers, of Rouley, at this Coui-t, on the motion of the sajd M'= Margaret "^^^ '^"•
Rogers, desiring that the hearing of the case may be referred to the next Gen-
erall Court in May, by reason seuerall witnesses are to appeare in it, & at this
time there is a dread of the smale pox, now in Boston, discouraging the wit-
nesses, the Court judgeth it meet to grant hir request that the case be heard
at the next Generall Court in May, provided M" Margaret Rogers give sea-
sonable warning to the other M" Rogers, of Rouley, & to all witnesses before
that Court, & that they attend it accordingly, or els y' it fall.

Itt is ordered, that the two masts by the last Court ordered to be pre- Further order
sented to his majesty (if to be attayned) be sent accordingly ; also a shipps _
loading more to be bought & contracted for by the honord Dep' Governo', M"^ power to buy a

_ . ships loading.

Danforth, Majo' Generall Leueret, M"^ Davy, & M"" Collins, this Courts comit- ^^ ^^ present-
tee, to present to his maj*^ the next yeare, the sajd coinittee being impowred ^^■
to buy & prepare the same, & take care for hiring a ship in England for that
purpose, husbanding the same at as litle charge as they cann, & in the meane
time to write the letters to his majesty, & S' W™ Warren, & Cap? Taylor, as



ID October.



328 THE EECOrtDS OF THE COLONY OF

1666. was ordered the last Court, & to raise money for the present occasion by way



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 39 of 77)