Nathaniel Bradstreet Shurtleff.

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

. (page 43 of 77)
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the person against whom it was comitted, judge that the pcenalty inflicted was
rather beneath then aboue the merrit of the offence, & therefore cannot but
justify the Court that had the cognizance of the cause ; yet considering what
personall punishment the sajd petic8ners husband hath already vndergonne, &
also that the payment of such a fine will rather ffall vpon hirselfe & family,
who are in this respect innocent, together w"" the seueritje of those that exe-
cuted the sentence, to w* may be added the crasiness of the man in respect
of his vnderstanding, doe therefore order, that the sajd catle so taken be re-
turned to the petitioner in kinde, to be to hir propper vse & behoofe for the
maintenance of hirself & family in hir old age, such necessary chardges being
deducted as haue been expended in the prosecution thereof.

The Court, hauing read the returne of the honnored coinissioners of the

VOL. IV. PART II. 45



354 THE KECORDS OF THE COLONY OF

166 7. Vnited CoUonjes, refferr the consideration thereof to Cap? Gookin, Majo'
" < ' Hathorne, M' Anthony Stoddard, & M"^ Henry Bartholme'Wj a comittee ap-

9 OctolD6F

Comittee ab« • po^^^^^d by this Court, who, on pervsall of the sajd returne, may drawe vp
comission's re- -^vhat they shall judge meete therevpon, & present the same to the next Court

tunie for y

colonjes. of Election.

Conecticotts This Court, in ans' to a letter fFrom the Generall Assembly of Conecti-

Octob', 67. cott, signed by Jn° Alljn, secretary, & dated from Hartford, 16 of October,
1667, returnd y' ans'' : —

31 October. Gent", and our loving Freinds : —
Coi"cUcott*° ^^^ received yours of the le"" instant, by M' Whiting, signifying

letter. thereby your desire of a synod, for the clearing vp the trueth of God in

some particculars vnder debate among yourselues, and wee finde, by the
returne of the comission's for the colonjes, that your motion herein is
consonant to the proposall made by them at their last meeting in your
colony. Wee also finde in the aboue sajd returne seuerall considerations
propounded, whereof in yours no notice is taken, some whereof are more
especially left w"" yo^'selues ; & on your answer thereto, the establishment of
the artickles for our mutuall confoederation doeth seeme greatly to depend, &
others more generally referring to all the colonjes, for their acceptaoon as to
them shall seem meete, whose resolve will be obstructed vntill yor concession
to those proposalls that refferr to yourselues be declared, & sent to them
respectively. In the meane time, that wee may be no obstruction to your
pious motion for a mutuall accord in searching out the minde of God in any
matters of publick concemm' to the churches of Christ, wee shall & hereby
doe declare ourselues to be alwayes ready to yeild such help as the Lord shall
affoord vs ; but the questions among yow not being sent vnto vs, wee cannot
sattisfy our vnderstandings to the accomodating of your desires vntill yow
shall give vs the oppertunity to consider of them by your sending them to vs,
which being donne wee shall endeavo"" to doe what wee shall vnderstand to be
the minde of the Lord for yo"^ help & asistance, in the majntenance of peace
& trueth ; w* blessing of the gospell of our Lord Jesus Christ, that it may be
continued to yow & us, & all the churches of Christ, & to the rising generation,
is the vnfeigned prayer of, gen*", yo' 13 brethren & freinds,

EDW: RAUSON, Secret, by order
of y° Gen Court for y« colony of y® Masachusets.
Boston, 31:8, 1667.

In ans"^ to the petition of seuerall the inhabitants of Wooborne, the



THE MASSACHUSETTS BAY IN NEW ENGLAND. ^ 355

Court, hauing considered thereof, judge meet to declare, that that which the 1667.
honored Dep'^ Gouerno', M"^ Danforth, & Maio'^ Generall John Leueret did act "" ■• '

. , . _ 31 October.

referring to the setling of their interests in the comons of the tonne, shall & courts ans' to
hereby is confirmed : and finding great disorder in the tonne, especially touch- y' inhabitants

•' . . > e J ofWooboms

ing their toune book & keeping of their reccords, judge it very needful! that peticon.
a committee by this Court be fully impowred for the regulation thereof, &
setling all differences amongst them depending therevpon ; —

And doe therefore hereby impower Cap? Daniel Gookin, M' Thomas
Danforth, & M"^ Edward Collins to finish what is yet necessary to be donne in
the premisses, in order to their setlement ; Cap? Gookin appointing the time
of meeting.

*In answer to the request of Francis & John Wyman, the Court, not [*596.]
hauing any prooffe that the twenty acres of land by them mentioned is taken Courts ans' to

■ . , . . . Fra. &Jn«Wy

from them by Billirrica, see not reason to ingage Wooborne to make it good, mans request.
Wee, whose names are subscribed, hauing heard & considered the seuer- Seueraii gent»

Act 3.b^ "Woo"

all pleas & alligations respectiuely presented by our brethren & neighbo''s of torn confirmd.
Wooborne, refering to the diuission & setling of their interest in the cornons
of the toune, doe finde that their votes passed, & are on reccord in their toune
booke, doe not so clearely expresse the jntent of the voters as may legally de-
termine the matter, and that a proceeding at present to a generall diuission of
all their comons into proprietys may haue a tendancy, not only to the dissatis-
faction of those that haue the greater pte interest therein, but also sundry
other wajes will be prejudicjall to the weale of that society, both ciuil &
eclesiasticall ; our aduise therefore is as ffoUoweth : First, that such a con-
venient part of their coinons be ordered, & by the act of the toune stated to
remayne foreuer in comon to those that are legally interested therein, as will
be sufficient to accommodate the heards of the toune ; & that the particcular
interest of each man therein be clearely determined, and recorded. Secondly,
that the fiue hundred acres of land lajd out by Ensigne Sherman, w*'' the ad-
dition of fiue hundred acres of swampe to be added, be divided into propriety
among those that haue a legall interest therein. Thirdly, that the wood &
timber of that land stated for the comons of the toune be divided into pro-
priety to the seueraii inhabitants, according to their respective interests
therein. Fouerthly, that the remajnder of the toune comons being stated
vpon those that haue at present a legall interest therein, that the same may
still remajne in coinon, vntill that haue the greater part of the interest therein
shall consent to divide, or setle the same in some other way. YVi, that the
rule for the diuission of the lands abouesajd, & stating of interests of particcu-



356 THE RECOKDS OF THE COLONY OF

1667. lar persons in those lands to remajne in comon, be according to the order of

'"' "< ^ the toune.

31 October. ^R: WILLOUGHBY,

THOMAS DANFORTH,

JN° LEUERET.
January 28, 1666.

The Court confirme y' act of setlement in y^'^ ans' to "Wooborns petition.

"Whereas the farme of Francis & John Wyman, tying in "Woohorne
bounds, contejing fiue hundred acres, (w'^'^ by the General! Court was
granted to M"^ Coytmore,) was lajd out & returned to this Court the last May,
it since appearing that there was a grosse mistake in the measure, through
the defect of them which carrjed the chajne, & some trouble hath attended the
same since that error was discouered, —

These are to enforme this honored Court that, by a joint consent, both of
Francis & John Wyman, the present proprietors thereof, and the coiiiittee of
Wooborne, appointed & impowred by their toune to act in this matter, it is
now lajd out againe according to the order of the coinittee which were im-
powred by the honord Generall Court to act in the same, the buttings &
bounds whereof are as followeth : —

The 'Wymans It begins at a heape of stones lying in Billirrica Ijne, at the west angle

t & "^"^ n-''^ °^ ^^^ Wymans oune land w"*" they had of Wooborne, & runs in Billirrica

firmd ; y for- ]jjjg ^yi^Q l^undrcd forty eight pole vnto a stake standing neere the cart path

m' returne

made voyd. by Stop Brooke ; from thence it runns in a streight Ijne (at a litle distance
from Stop Brooke) fifty eight pole & a halfe vnto a great pine ; from thence it
runns fower degrees eastward of the south east one hundred & ninety pole
vnto a markt pine ; from thence it runns east & by north one hundred & sixty
pole vnto another bound pine ; from thence it runns due north east & by east
one hundred twenty fower pole vnto a stake standing in a litle maple swampe
neere the bridge w""" is at the head of the pine plajne ; from this stake it
runns, two degrees westward of the north west, two hundred sixty fower pole
vnto an ash standing in a swamp, w* ash is the reputed corner of the Wymans
oune land w* they had of Wooborne, — wee meane the most southerly cor-
ner ; lastly, from this ash it is bounded by their oune land to the first corner,
which is one hundred forty & seven poles, all w* is very sufficiently bounded.
The forme or figure thereof is more fully demonstrated by a plot taken of the

same by

JONATHAN DANFORTH, Surveyo^

Lajd out the 9*^ 8&, 1667.




31 October.



THE MASSACHUSETTS BAY IN NEW ENGLAND.

The Court, on a hearing of the case, both the Wymans & Wooborne ap-
pearing, & the artist being also present, doe see reason to approoue of the re-
turne of the fi'ai-me aboue mentioned as now it is lajd out ; & the returne of
the farme made the last session of this Court & recorded is hereby made voyd.

Whereas the council, in September last, vpon the complaint of Nipnuck Nipmuck In-
Indians Ijving w^'in our jurisdiction, of great injury & wrong donne vnto
them by some Indians of Narraganset, who are ingaged to the Vnited Col-
onjes, as by the reccords may appeare, not to doe any wrong or enter into
any hostillity w"" our neighbor Indians w*''out first acq^uainting the English
w"^ the cause, vpon w""^ complaint the council sent a letter to the Narraganset
sachem, w*^ is annext ; also, appointed the Nipmuck Indians to attend *the 7"^ [*597.]
of this instant October, & that the Gouerno'^ & magistrates hereabouts should
heare & endeavo' a reconcilljation between them ; but the Narraganset In-
dians not appearing vntill this Courts sitting, it is ordered, that the honofd
Deputy GoQno', Capt Gookin, Majo' Generall Leueret, Cap? Edward John-
son, M'' Edward Collins, Capt Foster, M'' Henry Bartholmew, & Cap? Hub-
bard shall & hereby are appointed (the majo"^ pt of them, one whereof being a
magistrate) a coinittee to heare the Indians compl' & answers, & make their
report of this Court what is most expedient to be donne in y'' gimisses. The
coiiiittee as aboue appointed to heare the complaint of the Nipmucke Indians,
of Quatiske, against the Narragansets, vnder Watowswokotaus, Squa Sachem,
for robbing & spoyling them of their goods, to the value of aboue one hun-
dred pounds, about the latter end of August last, report as foUoweth : —

First. They finde, by the acknowledgment of the Narragansetts, namely,
Powatocke & some others deputed & authorized to answer & issue tliis case,
by a writing vnder the hand of the Squa Sachem before named, signed in the
presence of Capt Willjam Hudson & one John Hodshen, that about one hun-
dred twenty sixe men were sent by hir to Quatisicke, in the Nipmuck coun-
tiy, in August last, & did then take from the Indians dwelling there sundry
matts for houses, taken of the houses, fine gunns, whereof one was given them
by a fearfuU person, sixe deare skins, sixe swjne, about three pounds tenn
shillings in wampom, at sixe a penny ; also, some coates, some red cotton,
some pouder & shott, ketles, trajes, & dried huckle berryes, & such like
things, most of w<='' things they had not in the fort, but hidden by a swampe
side not farr from the fort ; also, they say they spent some of the corne that
then was standing in the feild, w* they eate of while they aboade there, w"*^
was about twenty fower howers. And the reason of this their proceeding w"*
the Nipmucks they alleage to be donne according to their customes, because



Y —'
31 October.



358 THE EECORDS OF THE COLONY OF

1667. the Nipmucks neglected & refused to pay tribute due vnto them, & had named
their deceased sachem, w"'' is a great crime w"* them, & had sent scurrilous
messages to their sachem, & robbed some of their people.

Secondly. They finde the Nipmuck Indians answer to be an vtter dis-
ouning any just tribute due to the Narraganset sachems, and affirme they are
a free people, and haue from time to time chosen their sachems by the suffrage
of twelue principall men deputed therevnto ; and if at any time heretofore the
Nipmucke Indians, or their predecessors, haue given vnto the Narragansets
sachem any skins, chesnuts, or the like things, it was in a way of loue, and as
a present vnto them, & not by way of right or due ; as for the other pretences
of the Narragansetts, the Nipmuck Indians vtterly deny that they had named
their deceased sachem to his reproach, or had sent any scurrilous messages to
the present sachem, or had robbed or spoyled any of the Narragansets of any
goods ; and the Narragansets could not prooue their pretensions. But touching
the right of tribute due to them from the Nipmuck Indians for proof thereof,
they referr it to the testimony of the neighbour Indian sachems vninterested ;
and they named Phillip, sachem of Mount Hope.

Thirdly. They finde the Narraganset deputjes professe great loue &
respects to the Massachusets government, & a readines to be directed by them
in all these matters, & that they desire to keepe their engagement vnto the
English in the yeare 1645.

And lastly. They finde the Nipmuck Indians of Quatisicke doe offer thera-
selues & their people, desirously willing to pray vnto God, & submitt to the
gospell of our Lord Jesus Christ, & for the future to liue vnder the goQment &
protection of the Massachusets, vnto whom they yeild vp themselues & people.

On consideration of the premisses, the sajd coinittee offer this ex-
pedient : —

First. That if the Narraganset sachem shall make due prooffe, by the
personall testimony of other auncient & knowing Indians vnconcerned, & in-
different persons, before the gouerm' & two magistrates, or before this Court,
or their coinittee, betweene this & the end of the next Court of Election at
Boston, that the Nipmuck Indians of Quatisicke are & haue been tributarjes
to them, & in duty stand bound to make some acknowledgment thereof, — ' vpon
such prooffe, this Court will order & declare what & how much tribute the
Nipmuck Indians of Quatisicke shall pay or give to the Narraganset from
time to time for the future.

Secondly. That the Nipmuck Indians & the Narragansets shall henceforth
liue in perpetuall peace & amity ; & if any of either nation shall doe any
wrong or jnjury to the other, the wronged shall make complaint to this Court,



31 October.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 359

who are to doe aequall right betweene them, & the ■wrongdoer to submitt 1667.
thereunto.

Thirdly. That the Narraganset (at the desire & request of this Court) shall
restore vnto the Nipmuck Indians, ■w*''in twenty dayes, all such goods & things
as they tooke from them, to be deliuered vnto them or their deputjes, in the
presence of such as Cap? Hudson shall desire, to & where Cap? W™ Hudson
shall appoint to be deliuered, excepting only such prouissions of corne or
other things as were eaten & destroyed at their time of their being at Qua-
tisicke. The Court past these three last, judging the 4"' parragraph aboue
mentioned to be more convenient to be considered of another tjme.

In ans'' to the petition of Joseph Phippeny, humbly desiring this Courts ^'^^' '"> P'"p-

penys petiCnn,

favor to order his satisfaction for his charges expended on the countrys service & 20" his rec-

relating to M' Robert Jourdan, it is ordered that the country Tresiirer pay ""P^""^^-

him twenty pounds for y' end, & his service therein.

. . . [*598.1

*In reiFerence to the complaint of the deputjes of Hampshire concerning ^j^^, ^^^ jj^^

the wrong they susteyne by Indians, the Court sees no way for jnjurjes past ^'^'""^ """"pl*

ag' Indians.

but to referr them to a course of lawe ; and for prevention thereof for fu-
ture, doe jiidge meet that their Indians be forbid enterteynlng or harboring
of great numbers of strange Indians, vnlesse they will engage to make satis-
faction for what injury they shall doe the English in the time of their aboad
w''^ them, & that they be also acquainted how their resorting & living among
the English tounes, especially in this time of their warrs w"" the Mohauke,
doeth occasion much damage to the English many wayes, & therefore that
they be warned to observe our lawes, & also to shunn all offence and prejudice
to the English, & be ready to give full & speedy satisfaction, if any doe hap-
pen ; and for the better obteyning thereof, that some principall Indian be
appointed & declared to be the sachem, or cheife, or head of them, to whom
the English may haue recourse vpon all occasions of wrong donne them by
the Indians, expecting from such cheife Indian or Indians, so appointed &
allowed by this Court, the discouery & deliuery into the hands of our justice
any of their Indians as shall be any ways injurious to the English ; & vpon
neo-lect or refusall thereof, it being apparent that the Indians haue donne the
wrong, that then such sachem or sachems be proceeded against in a course of
lawe, as being guilty of such injurjes, & liable to answer for y« delinquency.

Lef I W" Clarke, Leiu? Dauid Wilton, & Leiu? Sam Smith, or any two
of them, are appointed & impowred to' treate w"' their Indians about the
setling of a cheife or head ouer them, & by aduising w* them thereabouts to
learne whom they account or desire to be their cheife, that the English may
haue their recourse to for satisfaction for injurjes from them, & finding them to




31 October.



THE EECORDS OF THE COLONY OP

agree vpon a meete man or men to be their cheife, then to acquaint the County
Court of Hampshire therewith, that so notice may be taken thereof.

And in case of the Indians not agreeing, or of such dislike among them
as that they cannot perswade them to accord, then to make returne thereof to
the next Generall Court, that so that Court may ajopoint & declare some
meete man or men to be their cheife or sachem.

To the cheife sachem of the Mohauks.
The Generall Court of the Massachusets, vpon complaint made to them
by some of their people of Hadley & North Hampton, that they haue suffered
much damage this last summer by the Mohauks, haue thought meete to
signify the same vnto you, & to let you know that about midsomer last some
of our Englishmen sawe some of yo' people, whom they had speech with,
going w**" burdens from their fires & place of lodging, where seuerall hogs
feete, new & bloody, were left behind, viz', sixteene ffeete of swyne ; also
others of ours haue taken vp shooes made of green hogs skinns, which were
left at the places where the Mohaukes made their stands, & from whence they
were scene to goe ; and about the same time wee had seuerall catle shott &
wounded, & some killed, & the flesh cutt of from their bones & carrjed away.
Many Mohaukes being then about our tonnes, & scene by some English, wee
haue cause to suspect that this also was dopne by some of them, (not to speake
of the damage your people formerly, some yeares past, did, in gathering,
carrjing away, & spoyling of our corne.) Their killing of our swyne, as afore-
sajd, being very euident, wee haue reason to mooue for speedy & full satisfac-
tion, w* our people expect, & wee hope yow will cause to be made them
accordingly. "Wee haue further to lett yow know, that an Indian youth, who
was servant to an Englishman at Northampton, was murthered about the end
of August last, close by the tonne, & part of his haire flajd of his head, on
which day some Mohaukes were scene nigh the very place where he was
killed ; & wee haue heard, that not long after this tjme the Mohauks shewed
a locke of haire at Albany, w* was short haire as this youths was, so that wee
haue probable grounds to thinke that some of your people are guilty of this
murther, w* yet wee are apt to thinke may not only be vnknoune to yow,
but contrary to your order, & doe presume you will not allow any such
thing ; and therefore doe acquaint yow herewith, desiring yow would take
some effectuall course for redresse of these insolencjes, & prevention of
like euills for future, least yo"^ people, if they goe on in such wayes, should
occasion a breach of the peace betwixt yow & vs. "Wee must also tell yow
that these actings are expresly against the promise of those of yo' nation, w"""



THE MASSACHUSETTS BAY IN NEW ENGLAND. 361



31 October.
[*599.]



■wee once had in our hands, whom wee secured from any violence by our 16 67.
Indians, & sent them home w* manifestation of loue & freindship, & willing-
ness for y" continuance thereof, "who told vs that your people would not medle
with any Indians that woare English cloakes, or that had their hajre cutt
short. But this aforementioned action, as it gives vs cause to suspect yo'^
people, so also to let yow know that wee doe not judge it convenient for yow
to suffer your people, in an hostile manner, to approach nigh vs or our Indians
that ai-e dwelling amongst our tonnes, vr''^ wee desire yow so to take notice of
& consider, as not to disturbe our peace by any vnlawfuU attempts of your
men, but to cause them to shunn & avoyde all just offence & prejudice to vs
w* may provoake our people against yow. "Wee neuer yet did any wrong to
yow or any of yours, neither will wee take any from yow, but shall right our
people according to justice ; yett are wee desirous to continue all amicable
correspondence w* yow, if the fault be not in yo'^selues, by offering insolencjes
to our people which wee may not beare or suffer. Thus hoping of yo"' readi-
nesse to make satisfaction for what is past, & care for your future continuance
of freindship, yo"^ loving freinds.

The GoQ & Generall Court of the Massachusetts.

To Robin Hood, cheife sachem of the Indians at Kennybek.
The Generall Court of the Massachusetts, on complaint of some of their in-
habitants of Hadley & North Hampton, that they haue suffered much damage,
this last sumer, (as is most probable by some of your men,) in shooting, wound-
ing, & killing sundry of their swyne and catle, and in cutting the flesh from
the bones, & carrying away the flesh of their catle so killed, for which they
expect speedy satisfaction, and wee hope yow will cause it to be made to them
accordingly, and that all vnlawfull violence be forborne for time to come, not
only in respect of their catle, but their corne, in which also your men haue
donne vs wrong formerly, as wee are credibly informed. And if any of our
people shall be jnjurious to yow, yow may be assured of due justice to be
donne yow therein. But if your men shall, notw"'standing, proceed to rob or
wrong our people, wee hereby signify to yow, that wee may not suffer or
beare w* yow therein. So hoping of yo"^ readines to restore & recompence
such damages as our people haue by yours susteyned, & that yow will line
peaceably w**" us & all our people, wee rest y"^ lo ffreinds.

& y' y' letter be signed by y^ secretary. •

EDW: EAUSON, Secre?, in y" name
& by order of y^ Gen Court of y* Massachusets.

vol. IV. PART II. 46



362 THE KECOEDS OF THE COLONY OF



1668. rriHE names of the deputjes returnd to serve at y^ Court of Election, held

' "^ ^ JL in Boston, 29 Aprill, 1668, from the tounes, are herevnder written,
29 April. , . ,. . , , .,

bemg snpt y^ entring on the other side : —

M' Edmund Batter, M' John Porter, Salem.

M"^ W"" Stiltson, Capt John Allen, Charls Toune.

Capt Hopestil Foster, M'^ W" Sumner, Dorchs'^

Capt Tho Clarke, M'^ Anthony Stoddard, Boston.

M' W"' Parks, Eoxbury.



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