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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of loane or otherwise, to the valeu of the last additional! country rate, ordered
to be raysed vpon the security of the country Tresurer, who is hereby im-
powred, vpon the credit of the country, to secure the same, & to make abatem'
for alteration of species so farr as the coinittee shall judg meet, who are to dis-
pose of the same for the ends aforesajd, or otherwise for the good of the
country, as they shall judge any opportunity may present, in order to the con-
tinuance of our precious libertjes w'^'out interruption, through the blessing of
the Lord smiling vpon our endeavo'^s. And the coinittee is hereby farther
impowred for the raysing of such other sume or sumnies as they shall judge
necessary ouer & besides what is herein exprest, & that in the same way, in
order to the further prosecution & full effecting of the matter coinitted to
their trust.
[*581.] *Itt is ordered, that the secretary & Tresurer shall signe all such orders

Order requir- as the comittee impowred to rajse money for the country s vse shall agree

ing y« secre* & ^ ^

Tres. to signe vpon, & give them signed vnder their hands, in order to the raysing of the
bilk Tn case ^^i^ money, & for the security of such as shall lend it.

'^"- It is ordered, that the letter herevnder written, passed by this Court,

shall be signed by the secretary, & deliG to y^ coiSittee to send.

Courts letter to Right honoble : —

the Lord Ar-
lington, secre- His majesties gracious letter, directed to the Governo'' & council, dated

tay o state, ^^^ ggth ^jj^y ^f February, 1665, was received & communicated to the council
the IT'" July, 1666.

Wee doe, w"' all thankfullnes, acknouledge his great care in forewarn-
ing vs of our danger by the French & Dutch, & directing vs to prepare for
our defence, which, according to our weake ability wee haue been, & are

As touching the reducing of Cannada, &$, the council having aduised
w"" S"' Thomas Temple, goUno'' of Nova Scotia, & w"^ the governo"' of Conec-
ticot, who both concluded w"^ them that it is not at present feazable, as well
in respect of the difficulty (if not impossibillity) of a land march ouer the
rocky mountejnes & howling desarts about fewer hundred miles, as the
strength of the French there, according to reports.

His majestjes declaration of the warr ag' France, sent inclosed, it was
solemnly published here by sound of trumpet.

Wee haue susteyned some losse & damage by the French & Dutch in
our shipping abroad, & 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


10 October.


value J wherevpon some of ours, by comlssion from hence, haue lately taken 1666.
three or fewer of their fishing shipps vpon the coast of Cannacla ; & for the
future wee shall endeavo', by the asistance of God, to preserue & defend the
bono' & interest of his maj'y & the English nation in these parts. Not will-
ing to give your bono' further trouble, presenting our humble service to your
bono"', remajne, my lord,

Your very humble servants,

Boston, in New England, 24 Octofe, 1666.

Whereas, by order of the Generall Court, now sitting in Boston, in New Courts act for
England, M' Henry Ashui-st, w'l' some others of our ffreinds in London, are "™7'"E°S-

' land to lumisu

impowred to take vp vpon loane to the value of one thousand pounds, and to their occasions.
disbm-se the same as to them may seeme beboofefuU for the good of the coun- tion^'Tres'^to
try, according to more particular instructions given, these are to obleige the s>s°. & scale to

/~i 11 /-^ c 1 1 be aiExt.

Generall Court of the colony of the Massachusets, on all demands, to make
due & just payment thereof, w"" full recompence for all damages susteyned
for the loane thereof; and in testimony of this Courts obligation thereto, wee
haue appointed our Treasurer to signe this order as the act of this Court, and
that there be affixed the seale of the colony hereto.

Whereas Benjamin Gillam, Jun, brought in his prizes, a seventeen Order requir-
Frenchmen, and that Hopefor Bendall, coming from Yorke lately, brought 1"™^!^^ to""
two Frenchmen from the honored Governo"^ of New York, Colonel Eichard transport y

-KT 1 1 CI rn . Frenchmen

Nicolls, as a token to S'' Thomas Temple, which he refusing to accept of, it is out of y colo-

ordered, (for the prevention of vnnecessary trouble & charges that may come "^' "'

to the country by their being left heere,) that the sajd Benjamin Gillam shall

& hereby is enjoyned, by some of these shipps now going for England, to send

away all the Frenchmen he brought in on pcenalty of forty shillings p weeke

for euery such Frenchman that shall, after the shipps be gonn, be found here,

to be levyed by any constable by order from the Gouern"^ or majo'' generall ;

and that the sajd Hopefor Bendall is hereby enjoyned to giue his bond of one Like order for

hundred pounds, payable to the Tresurer of the country, in case he neglect ^^

his duty to take the two Frenchmen by him so brought in into his ship, &

carry them away to England w"' him ; on w'^'' his bond so given to performe

this order, the secretary is to give him a cirtifficat to y* capt of y^ Castle to

lett him passe, or, on his refusall, to require the cap? of y^ Castle to stop him

till y^ order be performed.

*It was voted by the whole Court mett together, that Cap? Daniell [*582.]
Gookin shall haue liberty to buy one hundred weight of gunpowder, & y* M'



Hezekiah Vsher shall haue liberty to sell the same to him, & y* sajd Cap?

Gookin hath liberty to dispose thereof to the Indians.
Ca « Gotkins ^' Thomas Danforth, the secretary, & Cap? Norton, are appointed a

liberty for pow- coinittee to pervse the lawes of this yeare, & determine Vf"^ of them shall be

der to dispose

thereof to y» printed.


Mt a Generall Court of Election, held at Boston, 15'^ of May, 1667.

RICHARD BELLINGHAM, Es^^, was chosen Governo', & tooke his
oath in open Court.
Francis Willoughby, Es^, was chosen Dep' Gouemo"", & tooke his oath
22 May, 1667.

Symon Bradstreet, Es^,
Samuell Symons,
Daniel Gookin,
Daniel Dennison,
Symon Willard,
Richard Russell, Es^s,
Thomas Danforth,
"W™ Hauthorne,
Eliaz' Lusher,
Jn° Leueret,
Jn° Pinchon,

16 May, 67, & Comissioner for y" coUonjes, 2'^.

15 were chosen Asistants & tooke their oathes.

17 & was chosen Tres"".

17 & Coinissioner for y^ Vnited Colonjes, P*.



15 & Majo' Gen'U, & Comissioners in reserye.


Edward Rawson was chosen Secrety.

The names of the deputjes returned to serve at this Court ffrom the
seuerall tounes were, —

Capt George Corwin, M'^ Henry Bartholmew, Salem.

Capt Franc Norton, M' W"" Stiltson, Charles Toune.

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

Capt Thomas Clarke, M' Anthony Stoddard, Boston.

M' W-" Parks, Left GriiSn Crafts, Roxbury.

Lef ? Rich Beers, ^ "Water Toune.

M'' Edw Ceilings, M"^ Edw Jackson, Cambridge.

Cap? Thomas Marshall, Lynne.

Capt Jn° Appleton, M"^ W" Goodhue, Ipswich.

M"^ Joseph Hills, Newbery.

M' James Nash, Weimouth.


Cap? Josh Hubbard, Hingbam.

M' John Smedley, Concord.

Dedham, Lef? Josh Fisher, Ensig Dam Fisher.

M' Elizur Hollioke, Springfeild.

M'' Jeremiah Houchin, Salisbury.

M' W-» Fuller, Hampton.

M' Eich Swan, Eouley.

Capt Rich Bracket, Braintry.

Capt Richard Waldern, Douer.

M' Ellas Stileman, Portsmouth.

Capt Edw Johnson, Wooborne.

M'^ Ralph Wheelocke, Meadfeild.

M' W-" Holton, North Hampton.

Left Samuell Smith, Hadley.

M' Peter Tilton, M-^ Tho Hincksman, Chelmsford.

M' Henry Palmer, HauA-ill.

M"" Humphry Dauy, Billirrica.

Capt John Wayte, Maiden.

Capt Richard Waldern was chosen Speaker for this session.

*Itt is ordered by this Court & the authority thereof, that all shipps & [*583.]
vessells aboue twenty tunnes, that trade w^in our ports, belonging to other ^'^^^ *'" ''^y^"

ing of a stock

places, or that the greater part of the ouno" thereof are not inhabitants of this of powder.
jurisdiction, shall pay halfe a pound of gunpouder, or the full value thereof in ^°™"-s^-
money, for euery tun of burthen they are of, euery voyadge they make hither,
towards prouission for publicke fortification, w"'' is to be pajd to the persons
hereafter named, or to whom they shall depute, vnder their hands : for the
ports of Boston & Charls Toune, Majo'' Generall Leuerett ; for Salem & Mar-
blehead, Majo'' W" Hauthorne ; for Piscataqua Riuer, M'' Richard Cutts ;
and in case y® master or comander of any such ships or vessells shall refuse,
vpon demand, to pay the same, it shall be lawfuU for the sajd gentlemen, or
any one of them, to send forth their warrants to any marshall or constable to
distrejne vpon the goods of such masters or coinanders, or on any of the ap-
purtenances of their vessells, for the same, w"^ the charges thereof. And the
gentlemen appointed as aforesajd shall be accountable to the Generall Court,
when called tlierevnto, for what they shall receive by virtue of this order, &
are to deliuer the pouder or money they haue in their hands once euery yeare,
or oftner, vnto the survejo' generall, excepting one shilling out of euery



1 G 6 7. twenty shillings they shall receive, which shall be allowed them for defreying

' '^ ' their necessary charges thereabouts.
_ , . ,' This Court, beinar desirous to vse the best meanes w*'^in their power to

Order for for- ' ° '^

tiffication in y" preserue the welfare & safety of the people, especially in these times of mo-


tounes. tion & danger, from enemjes by sea & land, doe hereby order, appoint, & im-

power the coinittee of militia in euery toune, together w"" the selectmen
thereof, or the majo^ part of them, to erect, or cause to be erected, w^'in their
tounes, either inclosing the meeting houses, or in some other convenient place,
a fortiffication, or fort, of stone, bricke, timber, or earth, as the places may be
most capable, of such dimensions as may best suite their abillity & vse ; in
which fortiffication the weomen, children, & aged persons may be secured, in
case of any suddaine danger, whereby the souldjers may be more free to op-
pose an enemy : for the effecting whereof, itt is hereby ordered, that the
trayned souldiers, both horse & ffoote, in euery toune, vpon their trayning
dayes, shall be implojed about building the sajd fort, at the guidance of the
cheife military officers of the toune ; and all others exempted from ordinary
traynings, who haue estates or bodily abillity, that dwell in the toune, or belong
to it, they shall also, according to proportion, contribute their helpe & asistance
in bodily labour or otherwise, according as the coinittee of militia & selectmen
shall order & appoint ; and all who neglect or refuse their diligent attendance,
or otherways to promote the sajd worke, they shall be fined flue shillings a
day a man, as the lawe directs, for non attendance at ordinary trayning, and
all others who are absent from traynings by necessary occasions shall allow
two shillings sixe pence p day ; and where there is vse of teemes & carts,
they are to attend the worke vpon the dayes appointed, & shall be allowed
for a man two oxen & cart, in proportion to two souldjers labour, & so in pro-
portion for greater teames.

And it is further ordered, that the sajd fFortiffications shall be forthwith
taken in hand & prosecuted vntill they be finished, according to the meanes
before prescribed ; & this order is forthwith to be printed & sent to the seuerall

To the end that there may be some addition made to the countreys stocke
of powder, it is hereby ordered, that the country Treasurer shall procure sixe
barrells of the ponder now in the hand of Capt W" Dauis, making payment
for the same out of the pay the pay that is due from Capt Bredon, which he
ingaged for Benjamin Gillam, Juni ; as also three barrells is to be pajd for by
a peece of ground lying neere the prison, as by an order of this present ses-
sion is more fully declared, the which nine barrells are to be putt into the
publicke store, & for the remainder of the two & twenty barrells secured for

Provision for


the countrys vse, the seuerall tounes in this jurisdiction shall haue liberty at
any time before the last of June now next coming to procure the same, they
paying for the sajd pouder as they cann agree ; otherwise the gentlemen to be
at liberty to dispose of it for their best advantage.

*And it is hereby ffurther ordered, that the majo"^ generall doe forthw'^' [*584.]
issue out his warrants to the maio™ of the seuerall regiments, requiring them Maj"Gen''to

inquire into y»

to make dilligent enquiry into the state of the seuerall companys, & in all state of y regi-

m*" &c.

respects to act as in the late order of May, 1666, is prouided.

It being of great concernment to the publlck weale of this jurisdiction, PiEnalty for
that all such as are members of the Generall Court doe constantly attend jy,.j(,gj,^jfj.Q^
their respectiue trusts in the said Court, it is ordered by this Court and the y^Gen' Court

^ •> ' ■> each day w'i'out

authority thereof, that henceforth it shall not be lawfuU for any member of license.
the Generall Court to absent himself from the Court w'i'out licence of both
houses first had & obteyned, on poenalty of twenty shillings a day, and for the
first fewer dayes of the Court of Election, the pcenalty to be as in the printed
law ; and that there may be a due observance hereof, the secretary & clarke
of the deputjes shall, in their respective places, enter in their daybooks all
defaults made by any of the members of either house, & before the rising of
the Court present the same to the whole Court.

This Court, considering that the trayning days this yeare are appointed Midlesex regi-

. . 1111 . m* to meet to-

to other worke, doe thereiore judge meete to order that there be a cessation gether next
of all regimentall excercises for this yeare, & that the next yeare the regiment ^^^^^' * °''i'="

° "^ ./ u^ successiuely.

of the county of Midlesex doe meete & excercise, & after that yearely, the
other regiments to take place successiuely, as in times past.

M"^ Thomas Danforth, Majo' Generall Jn° Leueret, Capt Georg Coruin, Coisittee about
M"" Anthony Stoddard, & M^ W™ Parks, are appointed a comittee to treat &
a" ree w"" the master or masters of the mint, in refference to some allowance
annually, or otherwise, for & in consideration of the charge the country hath
blnn at in erecting a mint house, & for the vse of it for so many yeares,
w'i'out any considerable sattlsfaction, & to make returne thereof to the next
session of this Court ; and in case they cannot agree w**" the present mint
masters, they are impowred to make such agreement as they cann w* any

In ans' to an humble motion made in behalfe of Salem, it is ordered, that 3 barrels of
three barrells of pouder out of the countrys store shall be allowed them, so as 3g„nnsaiioued
they be accoumptable for the same, in case it be not spent in the sei'vice of '" ^^^^"'' *«•
the country, & also two or three gunns, if there be any to spare.

Vpon the comp" of M"' Broughton, that he is vnder pressure, not being Courts grant of

■■^ ° _ liberty to M'

in a capacity to haue his case heard, the Court judgeth it meete to allow him Broughton.


1667. liberty to implead M' Checkly at the next County Court ; & his keeper shall
^ "> ' & is hereby req^uired to bring him fforth, vpon his desire accordingly, he se-

15 May. .,.„,.

curing him for his returning to prison agame.
Ans' to Jn» In answer to the peticon of John Wooddin, of Portsmouth, in Piscataqua,

peticon. humbly desiring the favour of this Court, having been an auncient planter,

aboue thirty tvs^o yeares standing, & a large family of children, and neuer had
one ffoote of land given him, but forced to remoue from place to place, that
he might be setled & enabled to bring vp his children in the feare of God,
y* a meet portion of land maybe granted to him, the Court, hauing duely con-
sidered his peticon, judge it meete to grant him one hundred & fifty acres of
land in some such place as he shall choose, not formerly granted to others, &
not prejudicing any plantation ; & doe further order ]VP Henry Palmer,
Thomas Whittyer, & Daniel Henrick, to lay it out accordingly in the place.
Courts grant to In ans"^ to the motion of Capt W" Dauis, for the purchasing of a smale

to'pa 3 bar- " P^^rcell of land belonging to the country, lying in the prison close, the Court
reiis of good appointing a comittee to vejw it, who returning that the quantity desired &

pouder, &c.

Mainteyne y agreed vpon was about thirty five pole, rainging vpon a straight line w*'' Cap?

fenu, &c. Dauis his fence on the north, & so to take in the whole parcell of ground as

it is now fenced to the south of that north lyne, it is ordered by this Court, &
this Court doeth graunt the sajd land, so vejwed & bounded as aboue is ex-
pressed, to y" sajd Capt W™ Dauis & his heires, he paying three barrells of
good pouder for the same when demanded of him, for the countrys vse, &
that he remooue the house belonging to the country standing on the sajd land
vpon the countrys land adjoyning at his oune charge, & also make & main-
teyne the fienc betweene his land & y^ land belonging to the prison adjoyning

Courts ans' to In answer to the quaerjes of the captaine of the Castle, it is ordered, that

qvfxries ^^^ Tresursr provide, or cause to be provided, vpon the countrys account, a

new flag for the Castle ; and that the comittee of militia for Charls Toune

compleat their numbers of souldjers appointed for y« service of the Castle by

order of y^ Court.

[*585.J *In ans"" to the petition of M' James Minot, humbly desiring the favour

Ans'toM' of this Court to grant him a revejw of his case as relating to Francis Tree,

Minots peti-
con. hir laying an illegittimate childe (which she lately brought forth) vnto him,

so as the County Court in January last hath by their order at present stated

the weekely maintenance thereof vpon him, the Court judgeth it meete to grant

the peticoner the liberty of a revejw of the whole case at the next County

Court for SufFolke.

In ans"* to the petition of seuerall the inhabitants of Hadley, the Court,


hauing considered the contents thereof, and also hauing heard the allegations 166 7.
respectively presented hy both partjes, Thomas Meakins, Willjam Allis, & ^ '

Isack Graues appearing in behalfe of the peticoners, M"^ John Russell, pastotir i^g, t^^. j^.
of the church there, M"- Samuell Smith, & M"^ Peter Tilton in behalfe of the habitants of

Hadleys peti-

towne, doe find that the plantation, being as yet in its infancy, to make a con.
divission thereof at present, otherwise then by a mutuall agreement, will be
of ill consequence in sundry respects ; but vnderstanding that they haue had
some proposalls among them for setling another minister in that place, whereby
they may be enabled to accomodate the peticoners in those seasons when the
passage to the toune is more difficult, and doe ap^hend that a joint endeavor to
effect the same may (at present) be the best expedient to issue the difference
betweene them.

In answer to the peticon of Alexander Beck, humbly craving the favour Ans' to AV
of this Court to order that the Tresurer may sattisfy him for what is due to
him for keeping John Gaskin, & John Clarke, a seaman, of Christophers, be-
ing put to him by y' honnord Gov'^no"', & he agreeing w"" the constable for
sixe shillings p weeke, &S, it is ordered, that the coinittee appointed to take
care for Xtophers people agree w"^ & sattisfy the peticoner what shall be justly
due out of what stocke remajnes in their hands of the contribution.

In ans' to the petition of the inhabitants of Exiter, humbly craving the Ans' to inhab-
favoiu: of this Court to grant them an enlargement on the backside of their ^^^^ neticon
toune, west & by north tenn miles, and that M' Wiggin, dwelling in Swamps-
cot, may contribute to the publicke maintenane of the ministry here, itt is
ordered, that Capt Richard Walderne, Capt Robert Pike, & M"^ Samuell Dal-
ton, as a comittee, shall & hereby are appointed to vejw the land desired by the
peticoners, & make their report to the next Court ; & as for that part of their
peticon referring to Swampscot, the Court referrs them to a former order of
this Court.

In ans"' to the peticbn of Doner & Portsmouth, it is ordered, that Cap? Ans' to the in-

_^ T- _. -_-,, . r^ ,, . . , „ habitants of

Richard Walderne, M"^ Richard Cutts, & M"' Ehas Stileman jomtly & seuer- Dover & Ports-
ally shall & hereby are impowred w"' magistraticall power, & enabled to to act ™° P^''"""-
w'Mn the bounds & places of the jurisdiction of the Courts of Douer & Ports-
mouth as matters & cases may present, vntill the next Court of Election.

In obedience to an order of the honored Generall Court, dated the Coisittees re-
twenty third of May, 1666, Tho Noyes, of Sudbury, Leiftennant Challice, of between/iilu-
Salisbury new toune, John Parker, of Billlrrlkey, did meete at Hauerill, the "*" & Saiisbu-
31*'" day of October, 1666, to runn the bounds of Hauerill, according to order
comitted vnto vs. Wee begann at the meeting house, & runne a due west


line just eight miles; there wee reared vp a heape of stones, & from thence
rann a due south Ijne to Merrymake Riuer, & stated a due north Ijne from
the sajd heape of stones to meet w*"^ & close the Ijne northwest from the
bound at Merrimak Eluer that divides betweene Hauerill & Salisbury, which
bound is just two miles & fowerteen score poles from Hauerill meeting house,
which Ijeth about east north east, & there wee ceast our worke at that time for
want of the order wherein that Ijne was prefixt betweene Salisbury & Hauer-
ill from the sajd bounds at Holts Rocks ; then the sajd comittee did appointe
to meete againe to finish the worke about the bounds vpon the first seccond
day of May next following. This worke was donne by Thomas ISToyse, de-
ceased, & refused to be subscribed vnto by Leiftennant Chalice, being left
alone to make his returne to the honored Court by him, who is your servant

wherin yow shall coinand,


The Court doe approoue of this returne of the bounds of Hauerill, so
[*586.] farr *as the same was stated by Ensigne Noyse & the rest of the comittee ap-
pointed therevnto before the death of Easigne Noyse ; but as for the bounds
betweene Hauerill & Salisbury new toune, it is setled as this Court hath
determined this session.

Courts impow- It is ordered by this Court & the authority thereof, that Willjam French,

f"" cht °^ Billlrrikey, shall & is hereby impowred to joyne persons in marriage in the

joyn persons toune where he liues, provided either of the partjes belong to the sajd toune ;

in marriag at

Billirrikey, &c. and he is hereby required carefully to transmitt a certifflcat of all marriages
made before him vnto the clarke of the writts, to be recorded according to
Line betweene As a final issuB of all diflerences betweene the two tounes of Hauerill

g ^'!' & Salisbury new toune in refference to their bounds, the Court, hauing heard

what all parties concerned could say therein, judge meete to confirme the Ijne
w* was runn by the comittee, & agreement of both the tounes, begining at a
tree neere Holts Rocks, neere Merremak Riuers syde, & runing vpon a north-
west Ijne, as they apphended, to Brandy Brow, & from thence to Derby Hill, &
so to a white pine about a raile further, marked H S ; & this to be the diuid-
ing line betweene them so farre, w"""" was agreed on by both the tounes, &

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 40 of 77)