Nathaniel Bradstreet Shurtleff.

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

. (page 42 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 42 of 77)
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us respecting maritime affaires & admiraltje cases, in which respect there is
great want of particular directions & lawes to be established w"'in this juris-
diction, for the better guidance of the Courts in their administrations, & all
other persons in their transactions ; —

Also, whereas information is given to this Court, that diuers vnskilfuU Comittee to

., _ , . -, , 11 • present sea

persons, pretending to be shipwrights, doe build shipps & other vessells m ^^^,^^ ^ p^g.
seuerall parts of the country, which are very defective, both for matter & 3™^;™^j[^jj^^
forme, to the great prejudice of merchants & ounors, & the danger of many wrights.
mens Hues at sea; the consideration whereof hath mooved this Court to
nominate & appoint Francis Willoughby, Es^, Jn° Leueret, Es^, Capt Georg
Corwin, M"^ Humphry Davy, & Capt Edward Johnson to be a coinittee to
consider, drawe vp, & present to this Court, at their next sessions, such direc-
tions, *orders & lawes as may be necessary & expedjent in the premisses, the [*591.]
Dep''' Go? to appoint time & place of meeting, the expenses thereabouts to



1667. be pajd out of the publicke tresury, & the sajd comlttee may take In the
" ^' ' aduice of any persons, merchants or raarriners skilfull In those affayres, as to

9 October.

them shall seeme most expedient.

Order encour- Whereas, through the want of a convenient dry docke for taking In of

a dry docke. shipps & vessells for repayring vnder water, seuerall shipps & vessells haue

miscarried, & more suffered great damage, this Court, being willing to take all

care for the ffurtherance of naulgation, doe hereby order & declare, that any

person that will #igage, betweene this & the next Court of Election, to make

a dry docke In any convenient place In Boston or Charls Toune, fitt to take In

a ship of three hundred tunns, so as it be finished w'^'In one twelve month

after that time, shall haue liberty so to doe, w"" assurance that none shall build

any any such docke for fiueteene yeares, but such person so Impowred by this

Court, w* such other prlvUedges as this Court shall finde reasonable for his

or their encouragement.

Coinittee to It Is ordered, that Captaine Hopestill Foster, M"^ Humphrj'- Daule, & M'

go^a Anthony Stoddard shall & hereby are appointed & entreated to take the

Tresurers account, & to make returne thereof to the next Court of


Addition to y« This Court, finding a necessity of some addition to be made to the

country rate ; »,. i- ^ ciiio-i

price of corne Country rate tor this present yeare, tor the payments oi debts due, & m order
& other things. ^^ jniergencyes, doe order that there be one halfe of a single rate added to the
present country rate for this yeare ; and that all sorts of corne shall be pajd
In the country rate for this yeare ensuing, at these prices following, viz. :
wheate, at fiue shillings p bushelll ; rye, barly, & barly mault, at fower shil-
lings p bushell ; pease at three shillings & sixe pence p bushell ; & Indian at
two shillings & eight penc p bushell, all good & merchantable ; & all other
things pajd In the country rate to be vallued at money price ; provided, no
toune or person shall haue liberty to make payment of their rates In leane
Day of thanks- Forasmuch as it hath pleased the Lord graciously to continue our peace

vemb ^ llbertjes, & kept of the coinon ennemy of our nation from Inffesting our

coasts & habitations, & hath also blessed the fruites of the earth this last sum-
mer in a plentifuU encrease thereof, together w"^ many other mercjes, the
sence whereof doeth mooue this Court to appoint the fifth day of November
next to be kept as a day of solemne & humble thanksgiving vnto Almighty
God, & doe coinend It vnto the respective churches, elders, ministers, & people
liation 1st w*In this jurisdiction, to keepe the same accordingly.
Wedensday in Whereas the churches & people of God, In all parts, at this day are in

December ....

next. trouble & perplexltje, & in particular our deare natiue country ; also consider-

9 October.


ing the state & condition of our countrymen in the Caribby Islands, & other 16 67.
parts of Amerrica, in respect of the warrs, troubles, & devastations among
them, by terrible tempests of late ; & considering sundry tokens of Gods dis-
pleasure among ourselues yet continued in seuerall parts of the country, &
taking away sundry of our vessells abroad by the coiiion enemy, & other wayes,
and considering the sinns & transgressions much abounding among vs, — the
serious consideration of these things hath mooued this Court to appoint the
first Wedensday of December next to be kept solemnly as a day of humilia-
tion & prayer vnto the Lord for his favour & grace in all these things, & doe
comend it to all the churches, elders, ministers, & people in this jurisdiction,
solemnly & seriously to keepe the same accordingly.

Boston in New England, October 4*, 1667. Courts agree«"

w" y« niint

In observance of an order of the Generall Court, held the 15th of ™!^sters, M>-

Jn-HuU, &c.

May, 1667, nominating & impowring vs, whose names are subscribed, to

treat & agree w*^ the masters of the mint, — wee hauing duely weighed

the countrys interest in the aediihces apperteyning to the sajd office, and

agitated the matter w"' M' Jn° Hull & M'^ Eobert Saunderson, the present

mint masters, haue agreed w* them as followeth, namely : in consideration

of the countrys disbursments on the sajd sediffices, & for the interest the

Generall Court hath therein, to pay vnto the pubHck tresury, w'Mn sixe

months next coming, forty pounds in money, & for seven yeares next coming

(the sajd Hull & Saunderson, or either of them, personally abiding in the

sajd imploy) to allow the publick tresury annually in money tenn pounds,

the said terme to beginne from the date aboue named. In witues hereof

the sajd Hull and *Saunderson haue here vnto put their hands the day & [*592.]

yeare aboue written.




The Court thankfully acknowledgeth the good service of the gent"' sub-
scribers in the premisses, and order it to be recorded.

In answer to the peticon of the listed souldjers for y Castle, it is ordered djers aty" Cas-

that the captaine of the Castle shall only call forth his listed souldjers for that *!« *" ^'^^3^^

tat thrio a
service but three dayes in the yeare ; & for the better encouragement of yeer.


1667. sucli souldjers as by authority shall be from time to time sent doune to the

"~ '' ' Castle on any esigent, during their aboade there shall be allowed twelue shil-

9 October. lo in -

_ . o- t ""o^ ^ peece a weeke, & so proportionable to their time expended ; and that

their saiiery vpon cirtifficat from the capt of the Castle to any constable concerned, each

12' p' weeke,

payable by y" souldjer may be sattisfied out of the country rate of their oune tonnes, &

constable in
tbeir tounes.

brought ill vpon account to the Tresurer, any fformer order notw^'standing.

500 acres lajd Lajcl out to Capt Thomas Lake & JVP Nathaniel Gardiner in part of that

Lake°& M' fower thousand fHue hundred acres of land granted to them by this Court in
Gardiner as (;}^g yeare 1656, — I sav, laid out to them fine hundred acres of land, more or

p' of 412.5 lajd •' _ ' J' J

out May, 64, lesse, ill the wildernesse on the north side of Merremack Riuer, in the Ches-
gy ' nut country, nere vnto Majo' Generall Leuerits ffarnie, & adjoyning to the

farme lajd out there for Boston ffree schoole, bounded by N. W. corner tree
of that ifarme, which is a black oake standing vpon a little hill betweene two
meadows, markt w"" H & B ; from thenc it runnes almost west & by south,
three hundred pole, vnto a great duble white oake standing by it ; from thence
it runns neere a south & by west Ijne, three hundred & twenty pole, vnto a
pine marked w**" B, & standing on the top of a hill ; from thence it runns
neere almost east & north, two hundred & eighty pole, vnto a white oake
vpon the side of a bare hill, marked w"' B ; from thence it runns south & by
west three hundred & nine pole, which is the closing Ijne, to the first black
oake ; all which is sufficjently bounded & marked in the figure of a rombojce,
as is demonstrated by a plott taken of the same.

The Court allowes & approoues of this returne.

Ans' to Joseph In ans' to the petition of Joseph Jencks, Seri, of Linn, humbly desiring

the ifavo'^ of this Court to advance a suine for y" encouragement of wyer draw-
ing, &6, the Court judget it not meete to advanc any money on that designe.

Ans' to M' In ans'^ to the petition of M' Thomas Cobbet, humbly desiring the favo"^

s po 1- ^£ j.^.^ Court to afford him some releife as to his due from M"^ Vai Hills estate.

con, mem. o, '

67- the Court see not what help they cann afford the petitioner, but referr him to

a course of lawe.
Ans- to Alex. In answer to the petition of Alexander Becke, the Court judgeth it meete

forVn-^Ciar™ ^'^^ ^'^^ comittee appointed by this Court to take the account of those gent"
that tooke the benevolence of the country for the people that came from Chris-
tophers, that out of the same the petitioner be sattisfied three shillings p
weeke, for so many weekes as he is yet vnpaid, for Jn° Clarks diet, & y' the


peticbner take notice that the country will not be at further charge in that 1667.
matter ; & in case, on the ballance of those accounts, there be not enough to ' '
sattisfy the petitioner, then the Tresurer is ordered to pay it out of the coun-
try tresury.

In the case brought to this Court by peticoii from Rich Way, plaintiff, Courts judgm«

in Hicli "W^lIV

&e, against Jn" Blcknell, Ephraim Hunt, & W"" Gard, &8, defendt, the ag'Jn-Bick-
Court, on the hearing of the whole case & euidences, w"" the Court of Asist- "^'^' *""
ants judgm'^, finde for the petitioner the reuersion of all former judgments of
Courts, & the repayment of the sume exprest in the judgment of the County
Court, i. e., two hundred thirty fiue pounds, one third part money, one third
part English goods, & the other third in prouissions, & costs of Courts, seven
pounds sixteen shillings & fower pence.

In the case now before the Court relating to M"" Thomas Broughton, Courts judgm»
coming to this Court by petition, ag' Jn" Cheeckly, defendt, the Court, (°„g ^ J^ °' "
hauing heard & duely considered of what hath binn alleadged & pleaded in •^''° Checkley.
the case by both partjes, see not any reason to alter the judgm*^ of any of the
former Courts, & grant the defendt costs of Courts.

In the case now depending betweene Willjam Greenough, pi*, against
Tho Kellond, def*, coming to the cognizance of this Court by reason of dis-
agreement betweene bench & jury at the last Court of Asistants, the Court,
on a full hearing of the case & the euidences therein, doe find for the sajd
Kellond, viz', the confirmation of the judgment of the County Court, held at
Boston, 30"' July, 1667, only the terme of sixe months therein exprest & al-
lowed for the sajd Greenough to bring in his accounts is to beginn from the
date hereof, & the sajd accounts to be given in either to the next Court of
Asistants or to any County Court at Boston, & costs of Courts.

*Ia the case of W"" Greenough, plaintiflfe, ag' Thomas Kellond & Ed- [*593.]
mond Dounes, defendt, coming to this Court by the magis'= in the Court of Courts judg-

m* in Greenows

Asistants last refusing the virdict of the jury, the Court, on a full hearing & case ag« Kel-
pervsall of the euidences in the case produced, find for the sajd W"" Greenough, °" '
plaintiffe, reuersing the former judgm* ag' id Greenough, & grant him costs
of Courts.

In the case now depending betweene John Godfrey, pi', ag' Jn" Rimig- Courts judgm'
ton & Abigaile, his wife, defendts, coming to this Court by disagreement of ™ t Rimkigton
the bench, at at the last Court of Asistants, from -f virdict of the jury, the
Court, on a full hearing of the case, doe finde for the defendt confirmation of

. , f 1 1 r> t-i o T 1 Courts judKm'

the judgment of the last County Court at Salisbury. ^^ jame!^ Ru-

in the case now dependine; betweene James Euerell, plaintiffe, by peticon '^''^^'^ <=^'*« "s*

^ ° . Symon Brad-

to this Court, & M* Symon Bradstreet, defendant, this Court, hauing heard & street, Esq'.



Courts judgm'
or ans' iu Cap'

Payments ten-
dered to y"
country rate,
where to be

Coniittee to
consider of 4
queer., 6 quest,
rectifying as-
emendation of
lawes, title
Suertjes, &c.
Direction for
marshalls &

Ans' to Nath.
Elys petition.

Ans' to Nath.
Boulters peti-

spent much tjme in examination of the accounts & debate of the case, doe
find for the plaintiffe the sume of thirty five pounds fiue shillings & sixe
pence in money, & costs of this Court, twelve pounds twelve shillings & eight

In answer to the petition of Cap? Edward Hutchinson, & on considera-
tion of his pleas & allegations on the lawe, title Suretjes, it is hereby ordered
«& declared, that the sajd Hiitchinson shall & hereby is released from his im-
prisonment, & that his bond of fiue hundred poimds for Peleg Sandfords
abiding the order of the Court of Asistants doeth & shall stand in force ag'
the sajd Hutchinson till the Courts judgmt be sattisfied, or the principall sur-
rendered into the custody of the prison keeper.

For the preventing of differences arising betweene the Tresurer of the
country & the constables of the tounes, in collecting & receiving the country
rate, & of great damage thereby happening to the country, it is ordered by
this Court, that where any pay is tendered, the prize whereof is not deter-
mined by this Court, the place of apprisement shall be where the payment is
tendered to the Tresurer, or his order, by men indifierently chosen, as the
lawe directs.

Itt is ordered, that M' Samuell Symonds, M"^ Thomas Danforth, Majo'
Eliaz' Lusher, Capt Edw Johnson, M' Humphry Davye, & Cap? Hopestill
Foster shall & hereby are appointed a coinittee to consider of seuerall q^use-
rjes & 6 questions now in Courte on on file, w"' a law presented for rectifying
of assessments, as also for revising & explaining of some lawes ag' the next
Court of Election, & reuise & consider the lawe about suertjes, & to drawe vp
such explanations & emendations thereof as is necessary, & also to bring in
some order for the regulating brick makers to make their bricks of a suiteable
size ; & further, to bring in an effectuall order for keeping in good repayre all
streets & highwayes, for the safety & comfort of trauellers & passengers, & to
consider of some suiteable lawes for the more particcular direction of the mar-
shall & constables in the execution of their respectiue offices.

In ans' to the petition of Nath Ely, of Springfeild, for y* remittment of
the fine of sixteen pounds for selling cider, &S, the Court, on the pe-
tiooners ingenuous confession, &S, judge meete to abate the sajd fine to
twenty shillings.

In answer to the petition of Nathaniel Boulter, humbly desiring the
favo'' of this Court to grant him a hearing of his case betweene him & Cap?
James Pendleton, &S, in regard the persons line so remote that seasonable no-
tice cannot be given to the parties to come to this Court before it be too late,
it is ordered, there be a hearing of this case on the 3* day of the first weeke


after the next election day, the petitioner giving Cap? Pendleton seasonable 1667.
notice ag' that time, & bringing the whole case to this Court. ""^ ^ '

Q OctobGr

In answer to the information & request of Job Tyler, the Court judgeth
it meete to grant him liberty to try any action or actions he hath ag' Thomas Jylers peti-
Chandler in any of our County Courts, in forma pauperis, till he hath brought
them to their legall issue.

In ans"^ to the petition of Edward Gove, humbly desiring the favour of Ans' to Edw
this Court to grant him a hearing of the case betweene him & Grace Fitt, ""^^ ^^ ' "'°*
tried at y"= last Court of Asistants, the Court sees no cause to grant the pe-
titioners request, but declare that the petitioner hath liberty to haue the case
trjed in any County Court as the law directs.

For the necessary, full, & suiteable repaire of the Toune or Court House Comittee to re-

. , paire y* Towne

m Boston, founded by the late Cap? Eobert Keayne, it is ordered by this orCourtHouse.

Court, that the selectmen of Boston shall & hereby are desired & impowred

as a coinittee to see to & order the same w* all convenient speede, the

chardge whereof is to be borne & defrajed the one clere halfe by the Tresurer

of the country, one fowerth part thereof by the Tresurer of y^ county of Suf-

folke, & the other fourth part by the Tresurer of the toune of Boston.

*In ans'' to the petition of the ffarmers of Salem, & for reconcilliation of [*591.]
the lawes respecting watches of all sorts, it is hereby declared, that the comit- -'^s'to ffann-

^ o ' J ) gjg of Salem

tees actings w* the sajd ffarmers in requiring their service in the military peticon.
watches to be consonant to lawe, justice, & sequity, and that henceforth all
fermers dwelling aboue foure miles from the meeting house shall be exempt
firom constables watches, any lawe or custome to the contrary notw^'standing.

Vpon information of sundry ffarmes erected aboue the toune of Chelms- Farmes ab'
ford, about Merremack Riuer, whose inhabitants pretend their sajd farmes to ^^^^^^^ ^^
be out of the county of Midlesex, & possibly be not conteyned in any county, Chelmsford &


it is therefore ordered by this Court & the authority thereof, that all & euery Courts.
the inhabitants of such farmes as there are or shall be improoued shall, in all
points, haue their dependances vpon, «&; performe services, & beare chardges
w"^ the sajd toune of Chelmsford, & that the sajd ffarmers repaire to the
Courts of Midlesex for justice, & all, till this Court take further order, any
lawe or custome to the contrary notw*''standing.

The seuerall bills of M'' Henry Taylor, Tho Bligh, constable, & "W™ Comittee to

, . • 1 -u-n J audittM'Tay-

Whitwell, m relation to the seuerall summes m the bills expressed as ex- i^^ ^ eonsta-
pended on the seuerall persons that haue binn diseased, shall & hereby is ^1®^ ™' ''^™*

r c^ ' diseased per-

referred to the consideration & determination of the Tresurer & M' Thomas sons.

This Court, being desirous to encourage all persons among us in manuall




9 October.
Order encour-
aging wyer

arts & trades of publicque vtilitje, & being informed that there are in this
toune a sett of tooles for wyer drawing, & that there be some in the place that
are able & skilfull in that imploy, the improouement whereof would be of
great vse in sundry respects, this Court doeth therefore order the Tresurer of
the country to disburse out of the publicque tresury such a suine of money
as will be necessary for the purchase of the sajd instruments & tooles, not ex-
ceeding fiueteene pounds ; and the Tresurer, w* Majo'' Generall Leueret, are
appointed & inipowred to dispose of the sajd instruments so as may best fur-
ther the ends proposed, as also to disburse forty shillings for the encourage-
ment of those that shall make cards & pinns of the sajd wiar.

In answer to a motion made by the deputjes of Billirica & Chelmsford
in refferenc to the bridge ouer Billirica Eiuer, it is ordered by this Court,
thatt, according to the agreement of the comittee of the Generall Court
& comittee of that countje respecting bridges, bearing date Aprill 17, 1660,
the sajd bridge shall be repayred & vpholden by the tounes of Billirica,
Chelmsford, & Groaten, & all such ffarmes as are there granted, when they
shall be improoued in proportion to their country rates, & shall be freed from
the majntenanc of all other bridges, excepting only in their oune tounes.

Bmirica 500
acres lajd out
& confirmd.

Lajd out to Billirrica fiue hundred acres of land in the wildernesse on
the north side of Merremack Rluer, & on the east side of Beavar Brooke, a
litle below Patuckett. It is bounded on the south & on the south east wholly
by lands formerly granted to Richard Russell, Es^, & on the west by the
aforesajd Beavar Brooke, elswhere by the wildernesse. The Ijne on the east
side of it is one hundred ninety sixe pole in length, runing halfe a point west-
ward of the north, w'^'' is exactly the continuanc of the long Ijne on the east
side M' Russells farme ; also, both the Ijnes on the north side of it are exactly
parralell to the Ijnes on the south side of it, the most northerly of which is one
hundred & sixty pole long, & runns halfe a point westward of the most south
west ; the other Ijnes runns two degrees westward of the southwest & by
south, fower hundred eighty & seven pole, w'='' closeth to the brooke ; all
which are sufficiently bounded by markt trees & pillars of stone. The
forme thereof is more fully deelared, on the other side, by a plat taken of
the same.


The Court allowes & approoues of this returne aboue mentioned.

In ans'' to the petition of M' Peter Olliuer & M' Joseph Rocke, execcuto"


to the last will & testament of tlie late Thomas Robbinsoiij humbly craying 1667.
the favour of this Court, being the debts due from that estate exceeds the " '' '
moueables, that they may be impowred to sell the old house of the sajd .ngrtoM' '
Thomas Robbinson, w"^ the smale parcell of land fenced in to it, the Court, OUiuer & M'

1 . 1 1 • • • 1 -ii Rocks peti-

haumg pervsed their petition, the will, & inventory, and finding the debts to tion.
exceed the mooueables, & no otherwayes appearing to satisfy the debts but ^^P"^'^* *°

■^ ° •' sell y« late M'

by sajle of the house & land mentioned in the petition, doe hereby impower Robbinsons old
M'' Olliuer & M"^ Rocke to mak sale of the house & land aboue mentioned, & '

they are enabled to make assuranc thereof, according to lawe, to such as shall
buy it.

Whereas John Marshall hath formerly binn allowed forty shillings a Jn» Marshall
yeare for his seruice during the sitting of the Generall Court, Court of Asist- cieanstog "
ants, & council, in the cleansing the house, making fires, he complayning y' it ^°^^^ House,
answers not his time he spends, it is ordered, that he be allowed three pounds
a yeare for time to come.

M' Jonathan Danforth is apointed, in steed of y" late John Parke, to M' Danforth a
joyne w"* the comittee appointed by the last Gen' Court in M" Bulkleys pe- ab' M" Buikiy.
tition, who are to make their returne to y® next Gen' Court of Election.

*In ans'' to the petition of "W™ Salter, & as an explanation of the judg°' [*595.j
of this Court the last session, in refference to the sume or sumes of money, or ■*-"^' *» "^°

■ . . . Salters peti-

other pay, therein exprest, this Court declares the intent of the sajd order is, tion.
that Willjam Salter should haue repayd him from M' Jn° "Woodmansey the
sume of eight pounds in money, & nine pounds sixteen shillings in the same
specie, or as good, as he pajd to the aboue mentioned Woodmansey, & three
pounds twelue shilling sixe pence costs of Court.

In ans' to the petition of Phillip Steevens, wife of W™ Steevens, of Ans' to Phillip

Glocester , the Court, vpon information of the greatnes of the f act ref e rring to t ieeni

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 42 of 77)