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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haue binn since confirmed by perambulations.
Ans'toAnn In ^ns' to the peticon of Ann Colcord, in behalf of hirself & family,

^^o cor s peti- ij^jjjijiy desiring the favo' of this Court to order a coinittee from this Court to
heare seuerall intricat & difficult cases betweene hir husband, Edward Colcord,
& seuerall others, making their report to this Court what they cannot deter-



THE MASSACHUSETTS BAY IN NEW ENGLAND. 337

mine, &d, the Court, duely considering the contents of hir peticSn, see no 1 G 6 7.
cause to grant hir request. ' ' '

15 May.

In ans"" to the petition of Christopher Palmer, humbly desiring the favo'' . ch ■• t

of this Coui-t to remitt him the forfeiture of his bond, the Court judgeth Palmers peti-

con, his bond

it meete to remitt the forfeiture thereof to hue pounds, he paying it remitted to,
speedily. '^'•''

Vpon the pervsall of a letter sent fi-om M' John Vassall, & the people Order as to y
w* him at Cape Feare, directed to Majo'^ GenefU John Leueret, desiring that for"c"peFearo
they may haue some releife in their distresse, & hauing information that M' Pet. ouiucr
the honored Governo', Deputy Governo', & some others of our honnored ^an to order
magistrates, encouraged a contribution for the releife of those people, the ''' ^°'
which contribution hath beene made in many places, & hath been comitted to
the care of M' Peter OlHuer & John Bateman, of Boston, who hath sent out a
vessell for the releife of those people, this Court doeth allow what hath beene
donne therein, & doe order that the sajd M"^ Peter GUiuer & John Bateman
doe carry on the id contributions, who are hereby impowred to receive the
same ; & they are further ordered to keepe exact accompts of their receipts &
disbursments, that they may render the same when they are called thereto by
this Court.

Humbly sheweth this honored Court that wee, Richard Beers, of Water 23 May, 1666.
Toune, & Thomas Noyse, of Sudbury, being appointed to lay out & measure ^™°"f f^°^^
to the inhabitants of Concord a tract or tracts of land next adjoyning to their layd out.
first grant, in order vnto which wee (the abouesajd) did lay out & measure
vnto the inhabitants of Concord their second grant, being fiue thousand acres
of land, granted in the yeare 1655, next adjoyning to their first grant, begin-
ing at the southwest angle of their old bounds, extending their sajd southerly
Ijne vpon a norwest point, fower degrees northerly, (according to the merid-
dian compasse,) two miles & two hundred & eighty rods, there making a right
angle on a bare hill ; & from thence a Ijne vpon a north east point, fower de-
grees easterly, two miles one halfe & fifty rodds ; there meeting w* Nashobas
plantation Ijne, runing the Ijne of the sajd plantation to their angle one
mile one quarter & sixty rods neerest hand vpon an easterly point ; there
making a right angle, runing a Ijne, being the Ijne of the Indian plantation,
two miles one quarter & sixty rods ; there being bounded by Chelmsford Ijne
& Billirrikey Ijne, as is more plainly described by a plott, in which plot is
conteyned nine thousand & eight hundred acres of land, one thousand & eight ^y ™'* ^aj'

•' ° Willard hath

hundred acres being formerly granted to Majo' Willard, the other eight isoo.

VOL. IV. PART 11. 43



338 THE RECOEDS OP THE COLONY OF



15 May.



1667. thousand being granted to the inhabitants of Concord, & lajd out the S*"*
May, 66.

Given vnder our hands,

EICHAED BEERS, )„
THOMAS NOYS, l^"^'^"'-
The Court approoves of this returne.

E. R, S.

Ans' to Hau- In ans"^ to the petition of Thomas Hawley, humbly craving the favo' of

eys pe con. ^^.^ Court to grant him a hearing of his case betweene him & Joseph Holmes,

tried at a late Court of Asistants, the Court grants his request, prouided he

put in sufficient caution for the charge of the Court.

[*587.] *According to tne order of the honored Generall Court, & the direction

Weymans gf ^|^g comittee appointed by the Court, there is laid out fine hundred acres of

farme of 500 ^"^ -^ _ "' _

acres y> was land, more or lesse, to Francis & John Wyman, in Wooborne bounds, next
adjoyning to their oune land where their houses stand.

It beginns at the north vrest corner of their oune land, & is bounded by
Billirricas Ijne on the west two hundj-ed twenty & two pole, which reacheth
vnto the cart path neere the meadow vpon Stop Brooke j from thenc it runns
vp neere the meadow vpon Stop Brooke one hundred eighty & two pole vnto
a great pine ; from thence it runns neere the side of a great swampe one hun-
dred & seventy pole vnto another pine ,• & from thence it turnes & runnes
eighty & eight pole vnto a white oake, which is the south east corner ; from
thenc returns & runns about two degrees eastward of the north two hundred
forty & eight pole vnto a blacke oake standing on the west side of a great hill ;
& from thence it runns one hundred seventy & sixe pole to the southwest
angle of their oune land w* they had of "Wooborne ; & from this last angle
it is bounded by their oune land vntill it comes to Billirrica Ijne, where wee
begann. All w""" Ijnes are runne according to the order of the comittee, &
sufficiently bounded by marked trees. The exact forme & manner of the
lying of it is further demonstrated by a plot taken of the same by

JONATH: DANFORTH, Surveyor
The Court approoues of this returne.

Ans' to Mary In ans^ to the petition of Mary Ward, wyddow, the Court, on pervsall

■ of the peticon, declares tliat the cognizanc thereof belongs to the County
Court of Suffolke, to whom it is referred.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 339

Lajd out to Ensigne Samuel Greene, of Cambridg, printer, three hun- 166 7.
dred acres of land, in the wilderness, on the north of Merremacke Eiver, & on ^"^ '' '
the west of Hauerill bounds, on the north east of two litle ponds, begining at ■^^^. ^^
a red oake in Hauerill line ; & from thence runns due south one hundred pole, Preens farme

. . . , , . of 300 ac's lajd

which is Hauerill line ; & from thence it runns to the mouth of a smale pond out, &s.
called New Found Pond ; & from the first tree runns north west & by north
fower hundred & fower pole vnto a stake ; & £i-om this stake it runns in a
streight Ijne to the mouth of another litle pond, where the brook comes out
of it ; & from thence in a direct Ijne to the north east part of the first pond ;
all which is more fully demonstrated by a plott taken of the same.
17 3 &, 1667.

By JONATHAN DANFOETH, Surveyor

The Court allowes of the retume of this farme as lajd out.

In ans' to the petition of M"^^ Grace Bulkley, y« relict of y° late M' Peter Aus' to M"
Bulkley, itt is ordered, that Majo-" Symon Willard, M"^ John Parker, & M' ^^^^^^ ^^*''
Jn° Fumill shall & hereby are appointed a comittee, who are to repaire to
Concord at such time as Majo"^ Willard shall appoint, & call all partjes con-
cerned before them, & make their report to this Com-t at their next sessions of
what they shall finde.

In ans' to the petition of Cap? W" Dauis & M' John Hull, in behalfe Cap' Dauis &
of the children of M' John Alcocke, & in refiferenc to the dispose of his ^omi to dis-
estate, the Court iudgeth it meet to desire & order, that Cap? W-" Dauis & Lef ? f ^^ * f™""^"

' •' ° for M' Alcocka

Jn° Hull take the best care they cann of the children & family, in disposing children & fam-
ily.
of them to such fireinds, or otherwise providing for them as they may, and

preparing all things concerning that estate betweene this & the next County

Coui-t for Sufiblke, who haue power to act herein, & that they dispose of the

same, & order what is necessary to be donne referring there vnto according to

lawe.

It is ordered, that the Tresurer of the country shall & hereby is im- Tresnrers pow-

, .... , .....erto dispose of

powred to dispose of Indian corne or other comoditjes that are in his hand Indian, &c.

belonging to the country as he best cann, for money, therewith to sattisfy such

gentlemen who may haue disburst money for the country in payment for the

two masts sent as a present to his majesty by Cap? Peirce his shipp last yeare,

or any other charges relating therevnto. Maj'Hau-

M' Eichard Eussell is appointed to keepe the County Court at Ports- r°™ JJ^ ^^^^^
mouth & Doner for this yeare, w* he being not able to attend, but procuring *" ^^"^v Ports-

mouth & Do-

Majo"' "W™ Hauthorn to supply his place, y^ Court allowed thereof. uer Comts.



340 THE EECOEDS OF THE COLONY OF

1667. Majo'^ Genii Daniel Dennison is appointed to keepe the County Courts at

" ^ ' Hampton & Salisbury for tliis yeare.

Ma-'^Dennison ^^ ^^®' ^° ^^^ peticSn of Stephen Day, it is ordered, that the peticoner

for Hampton hath liberty to procure of the sagamore of Nashoway, now Lancaster, by sale

& Salisbury. _ (• i i p i-

Ans' to Ste- o^ Otherwise, to the q^uantity of one hundred & fifty acres oi vpland ; & this
phen Days pe- Qq^j.^ ,Joeth also grant the peticoner twenty acres of meadow where he cann

ticon, 20 acres or j

of meadow find it free of former grants.

liberty. *Iu ans' to the petition of the inhabitants of Water Toune, humbly crau-

[*588.] ing the favour of this Court to give them releife as to the bridge lately carrjed

Ans' to Water away by y' ice, &S, neere Water Toune mill, &S, the Court sees no cause to

Tounes peti-

con. grant their request.

Courts judgm' In the case now in Court betweene Thomas Boreman, pi', & John Ligh-

case &0. '■o^j defendt, coming to this Courts cognizance by reason of disagreement of

bench & jury at the Court of Asistants, the Court, on a full hearing of the
case, & all pleas & euidences therein, doe find for the plaintiff", the sajd Bore-
man, the land in controuersy, & costs of Courts seuen pounds eleven shillings
& sixepence.

Courts judgm' In the case now depending betweene Job Tyler & Thomas Chandler, com-

in Tylers case. . i-y^i pt i iio* i

mg to this Court by reason oi disagreement betweene bench & jury at the
Court of Asistants, the Court, hauing heard all the euidences & pleas of both
partjes, & duely considered thereof, confirme the judgment of the County
Court held at Cambridge, October 3*, 1665, i. e., forty three pounds, & two
pounds eight & sixpence costs ; the payment made by the plaintiff', in pt of y®
purchase, thirty eight pounds, to be returned him by y* defendt in kind & bill,
for thirty pounds giueii by the plaintiff", to be returned & made null, & costs
of y' Court, & fower pounds seuenteen & six penc.
Courts judg- 111 the case now in Court betweene W™ Salter, prison keeper, & John

& Woodman- Woodmansey, coming to this Court vpon the petition of the sajd Salter, the
seys case. Court, Ypon a full hearing of the case, & due consideration thereof, doe find

for the plaintiff", the sajd Salter, viz', the reuersing of all the judgments of
former Courts, & the repayment of such summe or summes of money or other
pay as haue been recouered, & pajd by virtue of the sajd judgments, together
w"" costs of Courts.
Courts judg- The Court, hauing considered the accusation & euidences ag' Arthur

Masons case. Mason, doe find that the words spoken by him, & found by the grand jury,
were rash, insolent, & highly offensiue, yet, forasmuch as his accuser & wit-
nesses in the case doe all cleare him from any overt act or euill intended against
the kings most excellent maj'y, they doe not see just cause to proceed ag'



THE MASSACHUSETTS BAY IN NEW ENGLAND. 341

him as a capitoll offender, but doe sentenc him to be admonished in a solemne 166 7.
manner by the Governed ^^ ^^

15 May.

The whole Court mett together voted, that M' Peter Lidget, as suerty ^^ ^^^^^ j^j^^_
for Michael "White, in January last County Court, where judgm' passed for y^ et dischardged

of his suerty-

sd White, is no further bound, but dischardged. ship for White.

In the case coming to this Court for its trjall, by the magis's in the Court Courts judgm'
of Asistants last refusing the virdict of the jury in the case of Walter Burke, -vp-jiites case.
plaintiffe, ag' Michael White, defendt, after the Court had heard the atachm'
& euidences in the case produced read, & which are on file, the Court found
for the defendt costs of Courts.

Whereas this Court, vpon the petition of Ensigne Thomas Noyes & Comittee to

1 . . . ^ « ^^ . . vejw & report

others, did nominate & appoint Capt Gookin & some other gent" to vejw a of Quansigga-
place about tenn miles westward from Marlborou2;h, at or about a place called "!°"^ as o a

■^ o ' xr plantation.

Quansigamon Ponds, & to make report to this Court whither the place was
capable of making a plantation, (as it is informed to be,) w"^ worke hitherto
hath been neglected, through the death of Thomas Noyes, & other impedi-
ments, it is therefore ordered by this Court, that Capt Daniel Gookin, Cap?
Edward Johnson, M"^ Samuell Andrews, & Andrew Belchar, Sen, or any three
of them, be desired & impowred, as a comittee, to take an exact vejw of the
sajd place as soone as conveniently they cann, & to make a true report to this
Court whither it be capable to make a village, & what number of familyes
(they conceiue) may be there accomodated ; and if they finde it fitt for a plan-
tation, then to offer vnto this Court some meete expedient how the same may
be setled & improoued for the publick good ; & this Court doth prohibbit the
laying out of any grants in the sajd place vntill the coinittee haue made
retume, w* the Court would haue donne by y^ next sessions of this Court if
it may be.

The retume of Joshua Eisher, y'' lajd out the Courts grant to Qunsti- Quonshapague

.,., ,. , T • r r^ ^ plantation lajd

pauge, is an explanation of this plott, being the touneship ot Uunshapage as ^^^ ^ ^^^^^^

it was lajd out according to the grant of the Generall Court. Erom A to B M<=n'i°"-

it is bounded by Charls Riuer ; a white cake, being marked, on the south side

of Charls Riuer at A, & a black cake on the north side of Charls Riuer at B ;

Charls Riuer east, & a line of ffower miles, want forty rod, from B to C, w*

marked trees & heapes of stones ; the countrys land north from C to D, a line

of marked trees & heapes of stones, runing eight miles & a halfe ; y^ countrys The Court al-

land west, & so from D to E, eight miles ; y" countrys land south, & so from °^^^^J^l ''*'

E to F : V* countrys land east ; a parcell of meadow, of thirty acres by estima- ^ignd by Josh.

•' _ _ Fisher.

tion, on y« north Ijne from Charls Riuer, lajd out & deciphered in the plat.
That the name thereof be Mendon ; & it is ordered, y' Mendon be setled as



342 THE RECORDS OF THE COLONY OP

1 6 (5 7. pt of the county of Midlesex, & that they & their *successors be invested w*

""^ ^' toune priuiledgeSj as other tonnes of this jurisdiction doe enjoy; & in respect

r*f;8Qi °^ ^^^ distance from the bay, i* low estate of the inhabitants there, shall be

Their exemp- ^'^^^^ from Country chardges the space of three yeares from the time of this

grant.

The rest of w* they petition for concernes the Coimty Court.



tion from rates.



Ans' to Qua,- In answer to the petition of the inhabitants at Quabaug.

baugs peticon.

This Court, hauing pervsed the grant which the Generall Court made
anno 1660 to the iirst vndertakers for that place, doe finde that. 1. By their
non observance of the condition of their grant, the same is altogether voyd, &
that now the ordering & disposing thereof is wholly in this Courts power.

2. Considering that there is already at Quabauge about sixe or seven
familyes, & that the place may be capable of receiving many more, this Court
will readily grant them the liberty of a touneship when they shallbe in a ffit
capacity.

3. In the meane time this Court appoints Capt John Pinchon, John Aires,
W™ Prichard, Richard Coy, & John Younglow, or any three of them, where-
of Capt Pinchon to be one of the three, who shall haue power to admitt
inhabitants, grant lands, & to order all the prudentiall affayres of the place in
all respects, vntill it shall appeare that the place shall be so farr setled w"'
able men as that this Court may judge meete to give them the full liberty of
a touneship according to lawe.

4. Because the inhabitants of Ipswich made the first motion for that
plantation, & some of them haue binn at charges about it, although by their
remisse prosecution they haue now lost all their right, yet, such of them as
shall setle there by midsummer come twelue moneth, they shall haue an in-
terest in the lands there in proportion w"^ others ; but if by that time they
shall not be there setled, they shall then loose their lands, & all their charges
yf"^ they haue been at vpon y^ place.

» 5. They are to take care for the getting & maynteyning of a godly min-

ister among them, & that no evill persons, enemjes to the lawe of this coinon
weale in judgment or practise, be receaued as inhabitants.

6. For promoting of the aforesajd plantation, & incouragement thereof,
this Court doeth now grant that plantation seven yeares freedom from all pub-
lick rates & taxes to the country, provided those inhabitants of Ipswich w*
intend to inhabitants of Ipswich w'^'' jnt end to inhabit at Quabauge by mid-
summer come twelue month doe engage to give security to the abouesajd



THE MASSACHUSETTS BAY IN NEW ENGLAND. 343

comittee, w'^in three moneths after the date hereof, that they will performe 1667.
accordingly, that so others that would setle there may not be hindi-ed. ^ " '

16 May.

In answer to the petition of John Euered aljas Webb, it is ordered, that Ans' to John

... . . Euered aljas

the petitioner shall haue liberty till the last of November next for the pay- webbs peti-
ment of his twenty pounds fine to the Tresurer.

According to the order of the honofd Generall Court, there is layd out M'EueredsSOO
to M' John Euered aljas Webb, of Drawcutt, on Merrimack River, five hun- & confirmd.
dred acres of land in the wildernes, on the north of Merremack Riuer, on the
easteme side of Beavar Brooke, joyning to land formerly granted to M' Edward
Ting, of Boston, now in the possession of the sajd Euered : forty acres of it
lyeth joyning to the most westerly angle of the forenamed farme, and fower
hundred & twenty acres of it lyeth joyning to the east side of the aforesajd
farme, & forty acres at the north end of the ffarme ; all which joyneth together
excepting onely one smale parcell of about twenty & two acres, which yett
lyeth in comon betweene Beavar Brooke & M'' Tings farme aforesajd; other-
wise Beavar Brooke doe bound this land on the northwest from the most
northerly comer of it, w*'' is at the brooke, to the northwest corner, w"'' is
vpon the brooke ; the other part of the ffarme is sufficiently bounded ; but it
lying so much skirting vpon M"^ Tings ffarme, according to the nature of the
grant & M' Webbs desire, the bounds thereof & the manner & forme thereof
is best described by a plott taken of the same, & lajd out according to the
order of the Court, 11 &, 66, by John Parker & Jonathan Danforth, w'^'' plot
is on file. The Court allowes & approoues of the farme aboue lajd out.

A plat of Marlborrow plantation, lajd out on seuerall Ijnes by Samuel Marlborow
Andrewes, was presented to this Court, as begining at y° toune west Ijnes, ^ut ; yVlot^oa
runes three miles ; y* north 7 degrees west, three miles w* a square at this end ; *^®-
N. 27 d« W., 248 rodj E. 29" No, 304 rod; S. E. 2 deg-^S., 148 rod; S. & 6
deg E., 134 rods ; E. 25 de No, 298 rod; west 25 deg S., seven miles; S. S. E.
fine miles ; E. 9 deg No, two miles three quarters ; Sudbury River, S. E. 256
rods ; E. two miles three quarters ; N. E. & b No two miles 120 rod; No 17
de E., 348 rod ; No 1 mile three quarters. The Court allowes & approoues of
this draft to be the bounds of the plantation of Marlborough, prouided it
interfeare not w"' w"' any former grants.



344 THE RECORDS OF THE COLONY OF

1667. ^-'itt a seccmd Sessions of the Generall Court of Election, held at
' ' — ^ Boston, 9'" of October, 1667.

9 October.

t*^^^0 Present, Rich Bellingham, Es^i, Gove',

Fra Willoughby, Es^, Dep' Go,
Symon Bradstreet,
Sam Symonds,
DanI Gookin,
Dani Dennison,
Symon "Willard,
Rich Russell, f" Escps

Tho Danforth,
W"^ Hatlftrne,
Elia'' Lusher,
Jn" Leueret,
Jn" Pinchon,

Whereas the lawe, title Inkeepers, sec? 2*, hath prouided that euery per-
son licenced to keepe an ordinary shall alwayes be provided of strong whole-
some beere, of fower bushells of mault, at the least, to a hogshead, vrhich was
jntended & is hereby declared to be of good barley mault, not to be sold for
aboue two pence the ale quart, on posnalty as in the sajd lawe is expressed,
notw*standinge which many keepers of inns & ordinarjes, as regardless of the
sajd lawe, or of the debasing of the produce of the country, take liberty to
make & sell drinck brued of or mixed w*'' molasses, course sugars, or other
matterialls, to the damage, just oiFence, & prejudice of sundry persons, —
Molasses j)hib- It IS therefore ordered by this Court and the authority thereof, that no

intobeere^&E person licensed as aforesajd shall, after publication heereof, sell, or any waves
by inkeepers ytter, any beere, ale, or drincke in steed thereof, by retayle, that is not made

vnder pcenalty,

&c, 6'. altogether of good barley mault, w*''out any mixture of molasses, course

sugar, or other materialls insteed of mault, on pcenalty of fiue pounds for
euery such offence, one halfe to the informer, the other halfe to the county
where such offence shall be comitted, besides the pcenaltjes in the former re-
cited lawe, expresses on complaint to any magistrate. County Court, or coinis-
sioner for Boston, vnlesse the party complayned of shall legally prooue his or
hir innocency therein ; in which case it shall be in the liberty of the authority
aforesajd to accept the oath of such person, if tendred to him or them, if
they see cause ; and the authority aforesajd are hereby impowred to heare &



THE MASSACHUSETTS BAY IN NEW ENGLAND. 345

determine such complaints, any laws, ctistome, or vsage to the contrary not- 16 67.
w*standing. ^~ ■"

9 Octob&r

There being an order made in October, 1665, injoyning the cap? of the q a f
Castle to stop all shipps coming from England, for the prevention of the pi^^s "^ shipps

... at y» Castle re-

spreading of infection, it is orderedj^ that that law shall & hereby is repealed, pealed.

Whereas there hath been comended to the people of this jurisdiction a Order to quick-
volmitary contribution ifor the raysing of prouisslons for the releife of his ^j^^g f^^ releife
maj'y= fSeete, now riding at the Caribdy Islands, in hostlll^ ag' the coiSon °^ ^^^ "^J'"

navy at Neris.

ennemy of our king & nation ; and wee are informed that sundry tounes haue
liberally subscribed vnto the sajd proposall, on which encouragement the
coinittee impowred to glue a seasonable dispatch to that affayre, for the effect-
ing thereof, doe stand considerably engaged to sundry merchants & gentlemen,
that haue dlsburst their estates for the supply of the present imergency, the
honest discharge whereof, according to contract made, doeth wholly depend
vpon the contribution abouesajd ; this Court doeth therefore comend it to all
the seueraU tounes & people of this colony, that eifectuall care be taken for
the speedy bringing in what hath been subscribed; and where any neglect of
the sajd motion hath hitherto blnii in any place, that the same be speedily
prosecuted to effect, so as that none may haue cause to complajne, that in a
matter of so publicke concerne, one is bui'dened & another eased ; and this
Court doe order, that the gen'" Impowred in the seuerall countys to further
this matter doe make their returnes to the Deputy Gou"^ and Cap? Dauis, or
to one of them, who are to present an account of what shall be donne herein
to the next Generall Court.

The serious considerations of the many occasions dayly grouing among



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 41 of 77)