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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partjes could testify concerning the case, & examined their toune records, and
finding a great neglect on M' Bulkleys part, in not making his couenant w"'
the toune so cleare as might haue been necessary for his oune security, yet so
much is acknouledged by seuerall of the inhabitants, w"*" doe yet speake to
the trueth & substance of the same, that ffrom w°^ wee haue drawne vp
these conclusions to present to this honoured Court in refference to the
premisses : —

1. That the ounors of the sajd mill shall haue liberty from tjme to time,
& at all tjmes, to rajse the water fowre ffoote tenn inches perpendiccular ifrom
the bottome of the mill trofl'e, as now it lieth at the head of the milne pond,
but the wast or low shott not to be made narrower then now it is, or to be
raysed higher then to rajse the water (at the head of the pond) to fewer ffoot
seuen inches ifrom the bottom of the milne trofFe before the water runns ouer
the wast.

2. "What land lyeth vnder water, by reason of the milne pond, at such a
head of water as aforesajd, shall be the propriety & propper right of the
ounors of the sajd mill for euer, excepting alwayes that land which the toune
of Concord haue formerly granted to any of their inhabitants, all w* land
each proprietor shall enjoy according to his toune grant after the mill is
wholly disannulled.

3. The ounors of the sajd mill for euer shall not be liable to sattisfy any
damage donn to any person or persons whatsoeuer, by such a head of water
kept & majntejned as beforesajd.

4. The ounors of the sajd mill foreuer shall enjoy the benefit of all that
water w* may be obteyned by any meanes formerly attempted, i. e., to the
higth of such a head of water as aforesajd, w""^ water shall not be diverted by
any person or persons whatsoeuer.

5. Lastly. The ounors of the sajd mill for euer shall enjoy priuiledge on


1668. the comons for clay & sand convenient for the repaire of the mill damage
"* from tjme to tjme as formerly they haue enjoyed.


The Court approoves of this returne.

[*609.] *In ans' to the petition of the inhabitants of Eouley lining ouer against

Ans' to inhab- HauerlU, the Court, hauing considered the peticon, pervsed the toune of

itants of Rou-

ley village pe- Rouleys grant to the petitioners, heard Eouley deputy, and also considering a
writing sent from Eouley, w*'' what els hath been presented in the case, doe
finde that there is liberty granted the petitioners by the toune of Eouley to
provide themselues of a minister, & also an intent to release them from their
toune ship when they are accordingly prouided, and therefore see not but this
Court may grant their petition to he a touneship, provided they doe gett &
setle an able & orthodox minister, & continue to majntejne him, or els to
remaine to Eouley as formerly.

Ans' to Eiisa- In ans'' to the peticon of Elisabeth Lauson, the Court judgeth it meete

to impower & give liberty to the petitioner in hir owne name to impleade any
person or persons in any just cause of hirs in any Coiiiissioners Court, County
Court, or Court of Asistants, to effect, sub forma pauperis, for one yeare.

M'Jn'Apleton This Court doeth allowe of M"^ Jn° Apleton & Jn° Whiple, according to

Whi'pie cornet their chojce by y^ troop ; M' Apleton to be cap?, & Jn" Whiple cornet of the

"llliohlf ^^°°'P^ ^* Ipsuich & Newbery, &6, in Essex.

M' Symonds to M"" Samuell Symonds is appointed to keepe the County Courts in Nor-

keep Courts in /. n /. ,,

Norfoike. ™^^^ ™^' "^® y^^"-'*^ ensumg.

M' Jn° Nor- Lajd out. In the yeare 1665, vnto the assignes of the Eeuerend M' Jn"

laid out to Ju» No^ton, late teacher to the church of Boston, two hundred & fifty acres of
Pajne. land, which was granted in the yeare 1659 by the honored Generall Court, on

the west side of a great pond called & knoune by the name of Quansigamug
Pond, southward of the bounds of Lancaster, two hundred & forty acres of
the sajd two hundred & fifty acres lying & being on a long square, being
bounded on euery side by the countrys land, & term acres being added on the
east side to make vp the full complement abouesajd, w* is more plainly de-
scribed by a plot given in to this honoured Court.

THOMAS NOTES, Surveyo''.



The north & south Ijnes being two hundred & forty rods each, & y^ east
& west Ijnes one hundi-ed & sixty rods each line, the Court allowes of this

27 May.


The Court, hauing heard the apologies & defenc of the honord Dep*y Magisf fines
Gou', M' Bradstreet, Majo' Dennison, & y« Tresurer, for their absenc from the '^'"'"^'^■
last Court in October, haue reed fuU satisfaction therefrom, & remitted their

The bounds & scittuation of M' Edward Michelson farme of three hun- M'shaii Mich-
dred acres of land, granted vnto him by the honoured Generall Court, it being onl" d laid^ut
lajed out to the westward of Hauerill bounds, & it is bounded w"" land lajed * confirmed.
out for Jeremy Belchar, of Ipswich, vpon the north ; the sajd north Ijne ex-
tendeth two hundred rod ; & at the west end of the sajd north Ijne it is
bounded w* a black oake tree marked, & w"" a white oake tree marked at
the east corner of the sajd north Ijne, & bounded vpon the east w"' land of the
sajd Belchars ; the east Ijne extendeth two hundred twentje & five rods, vnto
a white oake tree marked, & w*"" land of the sajd Belchars on y" south, vnto
a pine tree marked ; the sajd south Ijne rangeth two hundred rod vpon the
square ; the west Ijne is bounded vpon the countrys land, & extendeth one
hundred & sixty rod, vnto the first mentioned black oake tree ; & the sircular
strip of land that joynes to the square conteynes about sixty acres, and it is suf-
ficiently bounded w* heap of stones & trees marked ; and at the west end of
the sajd strip it is bounded w"" two heapes of stones, one vpon each side of the
sajd strip. The aboue mentioned ffarme was lajd out & bounded as is herein
exprest by vs whose names are herevnto subscribed, the 23 June, 1667.


his mrke

The Court allowes of this returne.

In ans' to the peticon of Jonathan Negus, the Court judgeth it meete to Ans'to Jnniian

f 1 1 r r • Tree Negus peticon.

grant him two hundred acres of land for a farme m any place free from former

In ans"^ to the peticSn of M"" Samuell Mauericke, this Court judgeth it Ans'toM>-

1 /-( /-I -n • • 1 Mauericks pe-

meet to referr the petitiono' to the County Court at Isoston, impownng tliem tjeon
to remitt or abate the fine, as they shall see cause. Georc^e Colton

George Colton being formerly chosen a quartermaster of the county qua'term' of y

troop in

troope in Hampshire, the Court, being informed thereof by Cap? Pinchon, dee Hampsh'.
allowe thereof.


1668. Benjamin Cooly being chosen ensigne to the fFoote company at Spring

' "' ' feild, so attested by Cap? Pinchon, the Court approoues of him as ensigne

27 May. ,

^ . „ , there.

Benja. Cooly ^

ensigne of *Richard Sprague, Sen, was chosen, at a legal meeting in Charls Toune,


r*fi 10 1 captaine of the military company, & Lawrence Hainond was then also chosen
Richard leiftennt of y* sajd company, as was attested by the honord Dep' Gov"^ & M'

Spragnie cap', Richard Eussell. The Court therevpon allowes of the persons aboue men-

Lawr"" Hain-
ond leP of tioned to the places to w'''' they were cho chosen.

comp.^ °""^ ^^ ^'^®' *° the petition of Mary Wharton, wife of Phillip "Wharton, the

Ans' to Mary Court, vnderstanding the necessitous & lowe condition of the petitioner, by
Eon_ reason of hir husband, Phillip Wharton, his leaving hir, & not providing for

hir as is meete, doe order, that his the sajd Whartons estate, which he hath
left behind in Morrice his hands & elswhere, be secured & improoved by the
selectmen of Boston for the releife & maintenance of Mary, the sajd Phillip
Whartons wife, till her sajd husband shall returne, or by some other way
provide comfortably for hir.

And in further ans"^ to the sajd petition, the Court judgeth it meete to
order, that Richard Gridley either paying forty pounds forthwith to the Treas-
urer of the county of SufFolke, or present an estate of the sajd Phillip Whartons
in land or else, ffree of intanglements, to that value, for the marshall of the
county of Suffolke to lay his execution vpon, & deliuer the same to the Treas-
urer of Suffolke, the former land extended vpon therevpon to be voyd, & the
remainder of the sajd fine to be respitted till the sajd Philip Wharton shall
returne & give the County Court of Suffolke ffull sattisfaction of the dis-
chardge of his duly in a convenient & meete provission for his wiues sub-
sistance, that so the toune & country may be freed from further trouble &
DeputJs at- It is ordered, that such allowance for the attendanc on the House of

Deputjes the last yeare, & so for this yeare, as by them shall be determined,
shall be allowed.
Timo. Dwight In answer to the request of Timothy Dwight, leftennt to the military

le'ften"''^piace, Company in Meadfeild, humbly desiring the favo'' of this Court to dischardge
on his request, j^^j^ ^f ^)^^^ place, his sight defectiue, &6, the Court judgeth it meet to grant

the peticoners rec[uest.
M' Hen. Clarke It is ordered by this Court, that M'^ Henry Clarke, of Hadley, shall &

to marry at , , . . , . ,. ^^ ' n , -.

Hadley. hereby IS impowred to joyne persons together in y'^ state ot marriage, accord-

r, -.,, ^ inar to the lawes of this jurisdiction.

Comittee to o ■"

lay out M' Sy- Xhis Court, in October, 1666, hauing granted to M' Samuell Symonds

monds 250 i- i i i • /■ ■ •

acres. two hundred & fifty acres of land, where it may be found free from hindering


any ne-w plantations or former grants, power is liereby given (vpon his request)
to Corporall Jolin Gage, M"' Daniel Epps, Robert Lord, Juii, & Willjam Quarles,
or any two of them, to lay out the same according to his grant.

In ans' to the petition of Samuell Church, humbly desiring the favo' of Courts ans' to
this Court, that he lately purchasing of the late John Bernard, of Hadley, five churchs peti-
rood of swampland, for which he pajd the sajd Jn° Barnard in his life tjme *'""•
the greatest part of the value thereof agreed vpon, & hauing no deed for the
same, this Court judgeth it meete, on the euidence of Samuell Gardiner, Sen,
Richard & Edward Church, w'^'' are on file, to order & impower Francis Ber-
nard & Richard Goodman, administrators to the estate of the sajd John Ber-
nard, to make & giue vnto the said Samuell Church a firme deed for the sajd
five roods of swampe land, & to his heires, &6, as is desired.

"Wee, whose names are here vnto subscribed, being appointed by the
honoured Generall Court to vejw & consider of the bounds of the touneship
of Exetur, & to make returne to the next sessions of the Court, two of vs
having taken a survey of the lands about their toune, & the bounds of other
tonnes adjacent, wee, whose names are vnder written, doe judge that the
bounds of the toune of Exetur shall extend northward to Lamperele Riuer,
& from the first fall in Lamper Eele Riuer, sixe miles vpon a west & by north
Ijne, adjoyning to Doner bounds, as they are lajd out & confirmed, & then two
miles further vpon the same point of the compas, that to be their north bounds ;
& from the fibote of Exetur Falls by the present greist milne, a mile & a halfe
due south, to Hampton bounds ; & from that south point, to runne vpon a
west & by north Ijne, tenn miles into the woods adjoyning to Hampton bounds,
that to be their south bounds ; & so from the end of that Ijne vpon a straight
Ijne ouer the land, to meete w* the other Ijne on the north y* extendeth from
Doner bounds, that to be their head Ijne westward, & Quampscot patent to be
their east bounds.



Dated y« 8^^ of the 8 &, 1667.

Though I could not, by reason of streightnes of time, make a full vejw Exeterbounds.
of all *the lands aboue mentioned, yet from what I doe know of it, together [*611.]
w'^ that information that I haue had of those that doe well know of the
quality of the rest of the land, doe judge that the bounds aboue mencbned may
be just & reasonable, & doe concurr in subscription.


384 THE ep:cords oe the colony of

1668. In ans' to the desier of John Gilman, in behalfe of the toune of Exetur,

"■ "^ ' for setling the bounds of their toune, it is ordered, that Exetur bounds be

„ ,.- ''^' stated & setled according; to the aboue returne of M' Richard Walderne, M'

Conaiconall, ^

&S, 10" for eury Samuell Dalton, & Capt Robert Pike, who were appointed a comittee by y"
Generall Court the 8"> of the 8 in, 1667; prouided, that all pine trees fitt for
masts, w* are twenty fower inches diameter & vpwards, w"^in three foote of
the ground, that grow aboue three miles from their meeting house, where it
now stands, in any place w^'in the bounds of the sajd toune, are hereby
reserved for the publick ; and if any person or persons shall presume to fall
doune any such pine tree fitt for masts, he or they shall forfeit tenn pounds
for euery tree, the one halfe to the informer, & the other halfe to the publicke
treasury of the country; prouided also, that this grant vnto the toune of
Exiter shall not infringe M'' Samuell Symonds in his grant of two hundred &
fifty acres of land, formerly granted.
Courts judgm' In the case of Jn" Capen, plaintiffe, ag' Robert Vos, defend', coming to

m apen ^-^[g Court by the magistrates in the Court of Asistants last refusing the vlr-

Voss case. ./ o o

diet of the jury, the Court, on pervsall & consideration of the case, finde for
the plaintiff the confirmacon of the virdict of the jury at the Court of Asist-
ants, i. e., the reuersion of the former judgment of y° County Court, & twenty
shillings damage, & costs of Courts tenn pounds eighteene shillings & eleven
Ans' to Hoio- In ans'' to the petition of Willjam HoUowell, the Court, hauing pervsed

wells peticon. ^-^q petition, & examined other papers concerning the case, & heard the partjes
concerned, & considering all, doe not see cause to alter the judgment of the
County Court thereabouts, nor the divission made by the persons appointed by
the County Court, as in their paper, bearing date the 21 December, 1667, is
expressed, but doe judge meete & order, that Willjam Holowell shall take his
chojce of either part of that divission, and freed from any bonds or engage-
ments to Stephen Butler otherwise then by order of the County Court.

Isack Morrilis -^tt request of M"^ Nathaniel Walker, of Boston, there is lajd out two

204 acres land jjuQ(jj^.g,j &; fower acres of land in the wildernes, on the account of the late

lajd out to

Nath. Walker, Isack Morrell, deceased, his proportion of the fower thousand acres formerly
granted to Roxbury, lying nere the southwest of Groaten toune, beyond
Nashaway Riuer, at a place called Abbaquackea, begining at a chesnut tree
marked w'*' W, and from thence runns northwest & by north two hundred &
sixty pole ; & from the former chesnut tree north east & by east one hundred
& twenty eight poles ; the other two Ijnes are parraleles, also, w* are suf-


ficiently tounded by markt trees, as is more fully demonstrated by a plot 1668.
caken of the same. 23 8 i?i, 1666. '

By JONATHAX DANFORTH, Suryeyo'. ^'^^^^'

The Court allowes & approoves of this returne.

In ans' to the petition of the inhabitants of y' part of Salem coiiionly
called Basse Riuer, humbly craving the favour of this Court to invest them
w**- power to choose yearely w"'in themselues a fit number of persons who
may haue power, as selectmen haue in other places, to rajse those charges that
are to be defraied by & w'Hn themselues, & for the admission of those poore
or others y* desire to inhabitt w"" them, (they being to mainteyne them if they
fall into want,) & ffor what other smale causes and buisnesses, arising properly
w^in themselues, fall vnder the cognizance of selectmen ; also, that they may
choose their constable & surveyors for the highway, & what other officers or
persons the affaii-es abouesajd may necessitate & occasion them to imploy ; yet
they would be vnderstood that their desire is still to continue with y' part of
the toune of Salem, viz', in bearing w* them, & they w*"^ us, coinon toune &
country charges in coinon interests & concernements, as chojce of deputjes for
the Generall Court, & such like, as hitherto they haue proceeded together.

The Court, on pervsall of their petition, & hauing heard w' Salem depu-
tjes sajd, judge meet to grant their request, prouided the toune of Salem doe
fully concurr therew"" & agree thereto, w* if they shall not, the Court judgeth
it meet that they manifest the same at the next sessions of this Court.

Leif t Clarke & Leif t Cooper, on their request, hauing binn long absent Lef Clarke &
from their homes, are dismist the service of this Court. dismission.

M"^ Peter Tilton, deputy for Hadley, vpon his vrgent occasions & request, W' Tiitons dis-
is dismist the seruice of this Court.

*The Court, on weighty reasons mooving them therevnto, having by their [*612.j
order, this Court, disposed of the annual recompenc of Edward Michelson, Marshall Mich-

elsons recom-

marshall generall, to the publick vse & advantage, judge it necessary to pro- pence,
uide for so auncient a servant of this Court some comfortable maintenance in-
steed thereof, that so no discouragement may rest vpon him, doe therefore
order, that the sajd Marshall Genii Edwaid Michelson shall be allowed & payd
fifty pounds p annii out of the country treasury in lejw thereof, by the
Treasurer for the tjme being.

"Whereas this Court, in October last, heard a complaint of the Nipmuck
Indians ag' the Narraganset Indians, & did order that the Narragansett should
haue liberty & opportunity to make out their pretences vuto dominion ouer
the Nipmucks (w'='' they claymed) vntil the end of this Court of Election, &




16 6 8. ill the interim to Hue in freindsliip Tf"" them^ & to restore certeine goods taken
^^ ^1 ' from them ; and whereas, at the begining of this Court, a day was appointed

27 Mo.v

Differenc be- *° heare both partjes, & to that end orders that the Narrowgansett should haue

tween y Nip- notice of the day appointed, w^*" accordingly they had, but through some mis-
muck & Nara ^ i J:- ' o J J ' o

g"' Indians reports carried to them, as they alleadged, their coming at the day prefixed
was hindered, wherevpon the Nlpmucks (who did appeare) were dismissed,
not expecting that the Narragansets would appeare ; but since that time, vpon
the thirteenth day of this instant, the Narraganset deputjes appeared before
the Gouerno'' and Magistrates, & tendered some thing in way of proofe that
the Nipmuck Indians (especially those of Quatissit) were subject to them,
yett w'^'all offering & declaring that, if the Nipmucke Indians were reall in
their profession to serue God & to Hue vnder the government of the English,
they were willing it should so be, and also would returne the gunus, & all
other goods taken from the Indians of Quatissit, vnto the custody of Capt
Willjam Hudson, there to remajne for some time, untill it appeare that the
Nipmucks were reall & vnfeigned in praying to God. Now, forasmuch as the
Nipmuck Indians were dismissed and not present to answer, the Court can-
not proceed vnto a full determination of the case, bat doe declare, that they
accept of the offer of the Narragansets to restore forthwith the gunns, & all
other goods taken by them from the Nipmucks, & deliuer them to Capt W™
Hudson, or whom he shall appoint, to be kept & secured vntill the Governo'
or Deputy Gouerno'', w*'' any two magists, shall, vnder their hands, order the
deliuery of them vnto the Nipmucke Indians, that, in the interim, trjall may
be had of the reality of the Nipmucks Indians in their profession to pray to
God & be in subjection vnto the gouernment of the Massachusets ; and fur-
thermore, this Court doeth accept of the Narraganset professions of their con-
tinued affection to the English of the Massachusets, & their resolution to ad-
here to their couenant made w''*' the coinissioners of the Vnited Colony" bear-
ing date 164-5 ; and further, this Court doe declare, that they doe account the
Narragansets as their freinds, & will be ready at all times to manifest their
amity & freindsliip vnto them in all wayes of righteousnes & seqiiity ; and
w"'all, this Court doe declare their willingnes & readines to encourage the
Nipmucke Indians in praying to God & living orderly, if, vpon experience, it
appeare that they are reall in their declared gfessions. In a writing, vnder
their hands, bearing ,date May the ninth, 1668, tendered to this Court, & re-
mayning on file.

Forty acres Forty acres of land lajd out to Deacon Samuell Basse, in right of Kichard

landlajdoutto _ _

Samuell Basse. Stacy, lying on the north side of Charls Riuer, neere Nicholas "Wood farme


& M"' Hulls, & is bounded by the Ijnes of A B C D E, conteyning thirty
seuen & a quarter ^ ; being from A to B one hundred & seventy rods, from
B to C ninety seven rod, from C to D thirty rods, & from D to E one hun-
dred rods, & from E to A six rods. This 26 Aprill, 1668, by me,


The Court judgeth it meet to confirme & allow of this forty acres lajd
out to Deacon Samuell Basse.

In ans"^ to the petition of Marmaduke Johnson, the Court judgeth it not Ans' to John-
convenient to grant the petitioners request. v^"l^^J^'^«^

It is ordered, that the bill of two p cent custome vpon goods imported, 2 p' cent.
&5, be referred to the comittee, M"^ Symon Bradstreet, M' Tho Danforth, Cap?
Foster, & Capt W^ Dauis, to present to this Court at their next session some
effectuall meanes for the end intended.

In answer to the petition of Job Tyler, the Court, hauing pervsed his Ans' to Job
petition & other writings, declare that the case should propperly haue gonne ^ "^ ^^ '*"'"■
to the Court of Asistants, w"'' being neglected in its season, yet a hearing
there may best satisfy the persons concerned, & doe therefore referr the
peticoner thither.

*In ans'' to the petition of Alice, the wife of John Hoare. of Concord, [*613.]
the Court judgeth it meete, on the petitioners sattisfying & paying in to the Ans' to Alice

_ Hoars petition.

Treasurer to his content the sume of tenn pounds, to abate the remajnder of
hir husbands fine yet remayning, & vnpajd. «l

Lajd out to Jn° Endecot, Esq>, Gou'^no'', fine hundred acres of land in the May y«5'i',
wildernesse, at Pennicooke. One part or parcell of the same, conteying thirty
sixe acres, more or lesse, Ijeth vpon an island in the sajd Riuer of Merre- acres of land
macke, which island lyeth at the uery farthest end of that place called Penni- jate Jn« Ende-
cooke ; also, one part or parcell of the same, conteyning fower hundred sixty °°"^ "^"'^'^

fower acres, more or lesse, lyeth vpon the aforesajd riuer, on the east side of firmed May 12,

. . . . ^^•

it ; it begins at the north east end of that intervaile at a great pine standing

by Merremack side, marked w* H, and from this pine it runns doune the
riuer by a crooked Ijne fiue hundred thirty fower pole, where it is bounded by
an elme, a great one, standing by the side of the bancke, markt as before w"»
H ; from thence it runns to the high vpland almost vpon an east & by north
point two hundred seventy sixe pole vnto a stake standing in a swampish
peece of ground, a tree standing behind it, eastward, marked w"' H ; and from
thence it runs to the first pine, w* is fower hundred fifty fower pole. Also,

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 46 of 77)