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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M' Eich Beers, M' Samuel Thatcher, Water Town.

M' Edward Collins, M' Edward Jackson, Cambridg.

Capt Tho Marshall, Left Olliiir Purchis, Lynne.

Left Samuel Apleton, M"^ George Gittings, Ipswich.

M"^ Henry Seawall, Newbery.

M"^ Tho Dyer, Weymouth.

Capt Joshua Hubbard, Hingham.

Capt Timothy Wheeler, Concord.

Left Joshua Fisher, Ensign Dani Fisher, Dedham.

Left Tho Cooper, Springfeild.

Cap? Eobt Pike, Salisbury.

M"" Eot)t Page, Hampton.

M"^ Eich Swan, Eoiiley.

Ensigne Moses Pajne, Braintry.

Cap? Eich Walderne, Doner.

M"^ Eljas Styleman, Portsmouth.

Cap? Edw Johnson, Wooborne.

Cap? Georg Barber, Meadfeild.

Cap? W™ Dauis, Hauerill.

Cap? John Wayte, Maiden.

Lef ? W™ Clarke, Cap? Aron Cooke, Northampton.

Left Sainuell Smith, M'' Peeter Tylton, Hadley.

M' Humphry Davy.

M^ John Hull.

Cap? Eich Walderne was chosen Speaker for y' present session.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 363

*Att a Generall Court of Election, held at Boston, in JVew England, 16 6 8.

29^ Aprill, 1668. ' ^— '

29 April.

RICHARD BELLINGHAM, Es^, was chosen Governor & tooke his i*^^^1
oath.
Francis "Willoughby, Es^), was chosen Dep' Goil, & on ^ tooke his oath.
Symon Broadstreet, Es^,
Sam Symonds, Es^,
Daniel Gookin, Es^,
Daniel Dennison, Es^,
Symon Willard, Es^',

Eichard Eussell, Es^, & Tresurer, -^vere chosen

Thomas Danforth, Es^, & 1 Comissioner for y" coUo, Asistants.

"W™ Hauthorne, Es^, Comissio in reserv,
Eliaz' Lusher, Es^,

Jn° Leueret, Es^, & Comissioner for y* colonjes, & Majo'^ Gen-

Jn° Pinchon, Es^, erall.

Edward Tyng, Es^,

Edward Rawson was chosen Secretary.

Memorandum. The names of y deputs, being omitted, are on the other
side.

Whereas sundry complaints haue been made of much inequallitje in the
anuall assessments to publicke charges, the seuerall tounes and countjes not
paying in a just proportion one to another, as is the true intent of the lawe,
title Charges, it is therefore ordered by this Court & the authority thereof,
that henceforth from time to tjme there shall be some meet, able, faithfull, &
judicious men, chosen and authorized by this Court, viz', two in the county
of Essex, two in Suifolke, two in Midlesex, & two in Norfolke, who,
meeting together w"" the comissioners of the seuerall tounes, they, or the
majo'^ part of them so mett together, shall haue the absolute & fynall determi-
nation of the just proportion of each toune & of each person & estate therein,
so as that there may be a just & Eequall proportion betweene county & county,
toune & toune, merchants & husbandmen, w"^ all other handy crafts as much
as in them lye. And whereas there are seuerall merchants & others, traders,
that doe bring in considerable quantitjes of goods among us, doe gaine great es-
tates thereby, yet they passe away w*''out paying their dues to the publicke, —



29 April.



364 THE RECOKDS OF THE COLONY OF

166 8. It is therefore ordered by this Court & the authority thereof, that hence-

"■'' ' forth from time to time there shall be appointed & impowred by this Court two
or more meet, able, & judicious persons in the seuerall sea port tounes of this
colony, viz', in Salem, Charls Toune, Boston, & Portsmouth, who from time
to tjme in their seuerall tounes shall repaire to all warehouses, or other places
where any forreigne goods or comoditjes are put on shoare in any of our
harbo''s, or are sold or retajled on board of any ship, shallop, or other vessell,
& require of the merchant, ounor, or other reteylor thereof the sight of his
invojces or other just & true account of all goods by them imported as aboue-
sajd; and in case any merchant, reteyler, or other trader as abouesajd shall
refuse to shew their invoyces or other just accompt of their goods by them
imported, & that on oath to be taken before a magistrate, if required, in all
such cases, it shall be in the liberty of the two comissioners impowred in
that towne, as aboue is expressed, & by this Court they are authorized and im-
powred, to assesse such merchant or other trader or traders as to them shall
seeme meet according to their oune will & doome ; & accordingly shall give
warrant to the constable of the toune to levy of them one penny p pound to
be pajd into the publick treasury, as the lawe requires. And it is also ordered
by the authority aforesajd, that the meeting of the comissioners in the seuerall
tounes w"* those appointed by this Court this present yeare at Boston the first
third day of the weeke in the seventh monetli, the fowerth day at Cambridge,
the sixth day at Salem, & the second day of the weeke next ffoUowing at
Salisbury, at eight of the clocke in the morning, to performe the service &
trust hereby comitted to them ; to which meetings the comissioners of the
seuerall tounes shall bring w"' them a list, fakely written, of all persons &
estates, eucry mans estate distinctly, & not in the grosse suine only, & the
seuerall parcells thereof, w"" the value put vpon it, that so a full & exact
examination may be made, & an eequall imposition put vpon the inhabitants of
this colony, & the cause of those complaints, that one is eased whilst another
is burdened, may hereafter be rejnooued.
[*601.] *And for county commissioners, this Court doe nominate & appoint Cap?

County com- Hopestill Foster & Ensigne Daniel Fisher for Suifolke, Capt Edward John-

missioners.

Commission's ^°^ ^ ^^P* J'^n^ Wayt for Midlesex, Leifteniit Samuel Apleton & Leif?

for seaports. QUiuer Purchis for Essex, Capt Thomas Bradbury & M' Samuell Dalton
for Norfolke ; and for sea port tounes, M"^ Anthony Stoddard & Capt W™
Dauis for Boston, Cap? Jn° Allen & M"^ Jacob Green for Charls Toune, M"^
Edmund Batter & M'' Henry Bartholmew for Salem, M'' Elias Stileman & M'
Nathaniell Fryer for Portsmouth.

Itt is ordered by this Court & the authority thereof, that henceforth euery



THE MASSACHUSETTS BAY IN NEW ENGLAND. 365

person that is or shall be allowed by the Treasurer of the country to trade 16 68.
peltry or skins -w"* the Indians, shall haue liberty to sell vnto any Indian or "^ '"^ '

«i 29 AT^ril

ostillity w* us or any of the English in New England, ^^^^^ ^^,^ j^_

pouder, shott, lead, gunns, i. e., hand guns, rapier or sword blades, provided dians for peltry

& amunition

he or they pay vnto the country Tresurer euery halfe yeare, in money, six- regulated.

pence a pound for euery pound of powder, sixepence for euery tenn pounds

of shott or l^d, three shillings for euery gun, three shillings for euery duzen

of rapier or sword blades, & so proportionably for any quantity that he or

they shall sell to any Indian or Indians ; and euery such person allowed to

trade as aforesajd shall, vpon oath, deliuer to the Treasurer a true & just

accompt of the particculars of the aboue mentioned coinoditjes by him or them

sold vnto any Indian or Indians. And it is further ordered, that any person

allowed as before that shall be convicted before any two magistrates or County

Court of selling or bartering any of the aforementioned coinoditjes vnto any

Indjan, whereoff he or they haue not giuen a true & just accompt, & made Euery allowed

due payment vnto the Tresurer, as is aboue expressed, euery such person or ^^ „, country

persons shall forfeite to the publick treasury fiue pounds sterling for euery treasurer seu-

pound of pouder, fiue pounds for euery tenn pounds of shott or lead, tenn pointed, &o.

pounds for euery gun, great or small, and ten pounds for euery dozen of

rapier or sword blades, & so proportionably for any quantity of the aforesajd

comoditjes sold or bartered by him or them vnto any Indian or Indians ; and

all persons, except such as are allowed, are hereby prohibited from selling any

of the forementioned coinoditjes vnto any Indian or Indians, vpon the poenalty

expressed in the lawe, title Indians, sect 2 ; and this order to continue in force

during the Courts pleasure, any lawe or order to the contrary notw*''standiug.

Whereas the Generall Court hath formerly, for good &^weighty reasons, Impost on

, . . , , ,. wine, strong

lajd an impost vpon wines & strong waters imported, it is thought expcdi- Hcnuors.
ent by this Court, for good causes & considerations, to sett a rate vpon all
cidar, mum, ale, & beere sold in publick houses licensed to sell such things ;
that is to say, two shillings sixe penc p hogshead vpon all cidar, ale, and
beere, & fiue shillings p hogshead vpon all wines, and so in proportion thereto
to each of them in greater or lesser quantitjes ; and this Court doeth further
order, that these rates or sums abouesajd be pajd to the Treasurer of the
country oi to his assignes in money by euery person licensed to keepe an inne,
ordinary, or house of publicke enterteinment w''''in this jurisdiction whatsoeuer ;
and to that end, euery person so licensed & selling are ordered & required
to keepe a just & true accompt of what he or they shall sell from time to time,
& that at the end of euery moneth or weeke, being thereto required after the
pubUcation hereof, they shall present the sajd accompt to the Treasurer



366 THE EECOKDS OP THE COLONY OF



29 April.



1668. abouesajd, vpon oatli, if required, or to his assigne, and pay all the money

due hereby ; and in case any of the persons licensed as abouesajd shall refuse

or neglect to doe what is aboue ordered, vpon conviction before any two

magistrates, or Court of that county where the offence is coinitted, shall pay

treble damage to the country, or forfeit his or their licence, at the discretion

of that authority that shall take cognizance thereof.

Treasurer & his Itt IS Ordered and by this Court enacted, that the Treasurer of the

lett & set to country, w"^ the assistance of Cap? Daniel Gookin, M"" Anthony Stoddard, &

farme the im- jyjr John Eichards, be & is hereby impowred & authorised to rent, set, or to

posts, &c.

farme let, for the vse of, & in behalfe of, the country, for one or more
yeares, not exceeding three yeares, all these particular following,, viz. : —

1. Y' impost of wine, brandy, & rhum.

2. The benefit of beavar, furrs, and peltry w"" the Indians.

3. The rates of drawing of wines from vintners.

4. The rates vpon beere, cider, ale, mum, from publick sellers.

5. The benefit of selling amunition to Indians.

[*602.] *For the better explanation & eflEectuall execution of the lawe, title Im-

Wines &• post, page 39, it is ordered & enacted by this Court and the authoritv thereof,

Btrong licquors ^ J r o J J j }

imported to be that all wines & Strong waters imported into this jurisdiction, according to

cntrBcL w^*^ the

officer &c. that lawe, be entred w*'' the officer, in particculars both for q^uantity & quality,
before any of it be landed, vpon the poenalty of the forfeiture of all that is
landed before it be entred. It is ordered, that the impost required by law be
pajd to the officer in money, or the best of the specie at money price.

It is further ordered, that the coinittee authorized by this Court to make
improouement of this impost, or any three of them, are hereby authorized to
appointe & constitute officers, make orders, & give such directions as shall be
necessary for the effectual receiving the sajd impost, & the rate imposed by
this Court vpon the retaylers of wine, beere, ale, mum, & cider, & the busines
of giving liberty to trade for peltry, & selling ponder, shott, lead, gunns, &
other amies to the Indians.

Whereas by reason that the orders of this Court referring to the coinis-

sionating, appointing, & impowring any particcular person or persons for any

speciall trust, negotiation, or other matter as from time to tjme doe arise, are

not duely & seasonably transcribed, and deliuered to those concerned therein,

the expectation of this Court is many times disappointed, & damage to the

publick doeth inevitably acrue, —

Se-retary to It is therefore ordered by this Court, that the secretary, from time to tjme,

ciaii orders ^&c' w*Mn ten dayes after the end of euery sessions of the Generall Court, shall

Mi^m ten days, copy out all such speciall orders of this Couit, as abouesajd, & deliuer the same



THE MASSACHUSETTS BAY IN NEW ENGLAND. 367

to the marshall generall, who shall receive the same at the secretarys house, 166 8.
and take order for the speedy & certeine conveyance thereof to those whom ' '
they are especially directed vnto ; and for such orders as doe require a more „,
speedy dispatch then the time aboue limitted, the officers ahouenamed shall g™' to fetch

y«m & convey,

accordingly hasten the same. &c.

Also, ^e marshall generall shall, from time to tjme, receive all warrants Marsh, gen' to
that are to be sent to the seuerall tounes from the country Treasurer, as also xreTsn'''& see-
the lawes that ai-e at any time to be published, either printed or written, & '^'- direction,
cause them to be deliuered according to the direction given him from the
Treasurer or secretary.

Whereas the breed of horses in the country is vtterly spoyled, whereby Order for best
that usefull creature will become a burthen, which otheruise might be bene- """P™""^™""*

o of stone horses

ficiall, & the occasion thereof is conceived to be through the smalenes & bad-
nes of stone horses & colts that run in comons & woods, ffor prevention
whereof this Court doeth order & enact, & be it ordered & enacted by the
authority thereof, that no stone horse aboue two yeares old shall be suffered
to goe ^n comons & woods at liberty, vnless he be of comely proportion &
sufficient stature, not less then fowerteen hands high, recknlng fower inches
to a handfuU, & such a horse to be vejwed & allowed by the majo"^ part of the
selectmen of the toune where the ouno' Hues ; and if any person or persons
turne any stone horse vpon the comons, or at liberty, or in the woods, being
not vejwed and allowed as before, he or they shall forfeite twenty shillings a
moneth for euery stone horse running at liberty after he is a two yeares old,
which poenalty is to be taken by warrant of the selectmen, & imployed to the
tounes vse ; and if the selectmen of any toune doe neglect their duty in
taking their fines, & vejwing such as are brought in according to this lawe,
they shall forfeit twenty shillings to the county Treasurer ; & this law to
be in force the first of October next.

Whereas the prizes of horses & mares in the country rate hath been rec- Order regulat-
coned at ten pounds p horse and mare, which hath been, for a good space, ho^seg^^^Les
much more then vpon an aequall consideration aboue their worth for the gen- toy country

r '^ ° ^ rate, &c.

erall, for the more sequall & just proceeding in country rates for the future, it
is therefore enacted by the authority of this Court, that all horses & mares of
three yeares old & vpwards shall be recconed at fiue pounds p horse & mare ;
& all under that age, as two years old, &6, at three pounds p colt ; & all of
a yeare old, &5, at thirty shillings p colt, &d.

Whereas this Court, in October, 1667, granted liberty to any person to Order encour-
build a dry docke in Boston or Charls Toune, refference vnto the sajd order ^ ^ docks.
being had, it is ordered by this Court, that if any person see cause to set vpon



368 THE RECOflDS OF THE COLONY OF



29 April.



166 8. building such a dry dock, & shall finish the same w*in one yeare after the
next session of this Generall Court, such person shall haue the sole advantage
of such docke to himselfe, heires, & assignes after the sajd docke shall be fin-
ished ; and it is declared, that no other person shall be allowed to rndertake
the building of a dry docke in this jurisdiction for the space of twenty one
yeares after the finishing of the first docke vndertaken, provided ^^uch vnder-
takers keepe & maintejne the sajd dock in such repaire at all times as may
atteine the end proposed.
[*603.] *ror the explanation of an order bearing date 1646, and the repeating of

Fishermens ^}jg game 1667, for giving a liberty to fishermen, according to a reservation in

liberty to cutt ' b a J ' O

flake regulat- the patent, to cutt doune wood for flakes or stage, & other vses about their

ed

fishing imploy, that it is intended only in that order to give liberty to such as

are strangers, & come only to make fishing voyages, & not to fishermen that
are inhabitants, who are not to trespasse vpon any person in their propriety,
but are liable to make satisfaction w"* damages, as in any other action of tres-
passe, no way restreyning fishermen in coinon lands, any law, custome, or vsage
to the contrary notw*''standing. •

In whose power This Court, considering the direction of our patent relating to the state-

miiiitarv offi- ^^o °^ ^^^ military officers in this jurisdiction, doe hereby order & declare, that
eers are. Past g\i cotSission ofiicers that at present are in power are confirmed according to

October Court,

& referred en- their respective coinissions ; but for the time to come, where new are to be
chosen, it is only in the power of the Generall Court (or, in case of emer-
gency, for the council of the common-wealth) to nominate, choose, appoint, &
impower all coinission military ofiicers, excepting the majo"^ generall & admirall
by sea, the chojse of whom are otherwise provided for by lawe ; and for all
inferio'' ofl&cers in companjes, they are to be chosen & appointed by the
comission ofl&cers of that company ; & where no coinission officer is, by the
majo' of the regiment.
Cap' Pears ac- Capt John Pearse hauing given to this Court an account of his maj'^^

count of his acceptance of this Courts present of the two large masts, sent the last yeare,
anc of y" masts. \v* those which are speedily to be put on board, together w* the chardge
^m'^^t f"« thereof, i. e., sixteen hundred pounds, to be pajd in London, for their freight,
freight of y« Jq order to the payment thereof, itt is ordered, that, for the payment of one

masts.

hundred pounds in England by any inhabitant, on cirtifilcate made thereof to
the Tresurer of the country, he, the sajd Tresurer, shall repay one hundred &
twenty pounds in money heere in New England ; and, in case the moneys be
not to be pajd in England, by reason of the ships miscarriage, for euery hun-
dred pounds engaged here there shall be pajd, by the Treasurer of the coun-
try, to those that haue given their security for payment of the sajd moneys in



THE MASSACHUSETTS BAY IN NEW ENGLAND. 369

England, for each hundred pounds twenty pounds in money, on notice of the 16 68.
shipps miscarriage. ' ^ '

Francis Willowghby, Es^, Dep* Gover, Daniel Gookin, Thomas Dan- comittee to
forth, & Jn° Leueret, Es^'s, or any three of them, are by this Court nominated mannag our
(Sc impowred as a comittee for the mannaging of our concernes ■vv"' Cap? John Cap' Peirco,
Peirse, taking order for the payment of the freight according to charter party, *''■

To order y

w"^ such other matters as are necessary to be donne for his dispatch ; also, to presenting y
give order for the presenting the masts to his maj'^, & to write letters to such ^^jj
ifreinds as to them shall seeme meete, in order to the improoving any oppor-
tunity that Prouidence may present for the advancing the interest of this
colony, as in their discretion they shall thinke meete.

And the secretary is ordered to furnish them w"" such reccords & coppies Secret, to fiir-
as they shall require. "000113"""

And the Treasurer is also ordered to pay such moneys & to signe such Treas' makp
obligations for the effecting thereof as they shall giue, order, & appoint. ' '

This Court hauing passed an act whereby they haue obliged the Treas- Treasurers
urer for the payment of a very considerable summe of money, and for the .,p moneys.
enabling him to a faithful! dischardge thereof, care is also taken & provission
made according ^ y^" present capacity, — f

Yet, least there should be any fayling of this Courts expectation, the
Treasurer is heereby authorized & impoured to take vp moneys, at interest, of
such gentmen as haue voluntarily subscribed to contribute their helpe herein,
or of any others, to a full supply, as the engagements of this Courte shall
require.

Whereas t!^fi Court is vnder an obligation for the payment of sixteen
hundred poundsnn England for the transportation of the ships loading of
masts to be presented to his majesty, & the treasury of the country being
empty, & the speciee vsually raised by country rates not likely to eiFect it, —

This Court doeth therefore comend it to the seuerall inhabitants of this Order for a
jurisdiction whose hearts the Lord shall make willing to manifest their loy- jj,g
alty to his maj'^ & loue to this government, that they bring in to the persons
appointed by this Court in the seuerall tounes what they will freely aduance
in money for the defraying the sajd charge.

And for the better effecting thereof, the selectmen in each tonne are re-
quired & impowred to receive the same, & to make retume thereof to the
Tresurer before the last of June next, whose receite, given vnder his hand,
shall be a ffuU discharge.

VOL. IV. PART II. 47



29 April.
Courts letter



370 THE KECOKDS 01? THE COLONY OF

1668. Gent°: —

Yow are not ignorant of the order passed by tlie Generall Court of this
colony for the providing of a ships loade of masts to be sent to his maj*^, w"''
to Cap' Wd- being now effected & paid for at the chardg of the people here^ are now to

dorn, M' Cutts, ° ^ '■ •' a r r

&c. be sent home by Capt Peirce, *the payment of the freight whereof, according

[*604.] to agreement made w"= the ouno'' by charter party, is sixteene hundi-ed
pounds, to be pajd in London, after much consultation & many endeavours,
wee finde extreeme difficulty therein. Our motion is therefore to yourselues,
who are aequally pertakers w"" us in the good receiued, & stand alike in-
gaged in acknouledgment of duty & alleagiance to his maj'^, that yow will
prouide such staues as will be needfull for the stowage of the sajd masts. Capt
Pearce informes us that about twenty thousand will be sufficjent, only they
must be choyce culled white oake staues, or else they will be of litle worth
when they come there. Wee haue confidence that your ingenuity is such
that yow will readily see that wee impose no other burthen on yow then that
which o'^selues doe take the heaviest end by farr, and that it is but just &
sequall that yow should comply w"" us herein. Wee shall leaue it to yo"' dis-
cretion to take in such others to be asistant to yow herein as to yow shall
I seeme meet. Wee shall not giue yow further trouble at present, but shall

remajne, gent".

Your verry loving freinds,

EDW: RAUSOlSr, Secre?, by y" ordr of y^ Gen Court.

Cap' Peirce As a manifestation of the countrys thankfuU acknouledgment of the

gratuity good seruice donne by Capt John Peirce, it is ordered, th^^e shall & hereby



lakJie
,na ir



is granted to him & his heires sixe hundred acres of landTin any ffree place

w^'in this jurisdiction.

27 May. Whereas this colony of the Massachusets, in observance of the trust to

Courts order & ^j^g^ comitted by his maj'y^ royall charter, w"^ the free & full consent & sub-
declaration for
setiement of mission of the inhabitants of the county of Yorke, for sundry yeares did excer-

Yorks ^^^^ governflit ouer the people of that county j and whereas about three yeares

now past some interruption haue binn made to the peace of that place, & order
there established, by the imposition of some who, pretending to serue his
maj*y^ interest, w"^ vnjust aspersions & reflections vpon this govermnt here es-
tablished by his royall charter, haue vnwarrantably draune the inhabitants of
that county to subjection vnto officers that haue no royall warranty, thereby
infringing the llbei-tjes of our charter, & depriuing the people there setled of
their just priuiledges, —

The effect whereof doeth now appeare to be not only a disservice to his




THE MASSACHUSETTS BAY IN NEW ENGLAND. 371



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 44 of 77)