Nathaniel Bradstreet Shurtleff.

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

. (page 47 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 47 of 77)
Font size
QR-code for this ebook


THE EECOEDS OF THE COLONY OF

there is two very smale islands lajd to it ; one Ijeth betweene this land & the
great island, w"'' contejues by estimation about twelue pole, and another
island yf'^^ Ijeth on the northwest of the first, conteyning about sixteene or
twenty pole, by estimation ; all w* is more fully demonstrated by a plott
taken of the same

By JONATHAN DANFOETH, Survey^.



The Court approoues of this returne.

Cap'Gookins The farme of five hundred acres granted to Capt Daniel Gookin at the

outarNash- Gre-ncrall Court October 11*'', 1665, being lajd out by Left Joseph Wheeler,

°"®- of Concord, & Dauid Fiske, of Cambridge, in the wast lands neere Concord

new grant & concord,' according to a plott thereof returnd, & on file vf"' the

reccords of this Court, & is allowed & accepted of by the Court.



[*614.]

14 October.



Maritine af-
fairPS.



*Mt y" second Sessions of the Generall Court, held at Boston, 14"'

of October, 1668.

The Court mett at y" time, & were present, —

Rich Bellingham, Es^, Gov'',
Fran Willoughby, Es^, Dep' Go.
at Symon Bradstreet,

Sam Symonds,
Daniel Gookin,
Daniel Dennison,
Symon Willard,
Rich Russell,
Tho Danforth,
W" Hathorn,
Eliaz"^ Lusher,

i

Jn° Leueret,
Jn" Pinchon,
Edw Tyng,

WHEREAS, through the blessing of God vpon this jurisdiction, the
navigation & maritine affau'es thereof is growne to be a considerable
jnterest, the well management whereof is of great concernment to the pub-



► Es^s.



>•

14 October.



THE MASSACHUSETTS BAY IN NEW ENGLAND, 389

lick weale, for the better ordering the same for the future, & that there may 1 6 G 8.
be knovvne lawes & rules for all sorts of persons imployed therein, according
to their seuerall stations and capacitjes, & that there may be one rule for the
giiidance of all Courts in their proceedings in distribution of justice, this
Court doeth order, & be it ordered by the authority thereof, —

Sect 1. That "whereas there is many times differences betweene ounors Minor p' oun's,
of shipps, ketches, barc[ues, & other vessells in setting forth their seuerall to be concluded
parts, whereby damage doth accrew to the particular concernment of ounors, ^^ ^° ^^ P''
& if not prevented may be a great obstruction of trade. Where there are
seuerall ouners concerned, as ouners in ships, ketch% barques, or other vessells
■whatsoeuer, vsed for trafficque, coinerce, fishing, logs, board, timber, wood, or
stone carriage vpon salt or fresh waters, all such ouners of lesser part shall
be -concluded for the setting forth of his part by y" majo' jjart of the whole
concerned ; such, ouners so concluded hauing notice given them of the meet-
ing for such conclusion. If they be nigh hand, & in case of any ouner
refusing, or by reason of neglect or absence, or not able to provide for
the setting forth his part, the master of such ship or vessell may take
vp vpon the bottom for the setting forth of the sajd part, the w'''' being de-
frayed, the remajnder of the income of such part to be pajd by the master
to y" sajd ouner.

Sec? 2. And in case of fraightment, where any ouner shall refuse to Ouners refus
assent to the letting out of ship or vessell where he is interessed, such dis- jj,^,.^., '^ ^g
senter shall manifest it by some publlk act of protest, before the signing of ^'•^^^ pubho

protest, &c.

charter party, except the master or the rest of the ouners, or both, conceale
from him or them their actings, then his or their protest, after charter party
signed by themselues or agents, shall be taken for legall dissent, yet not to
hinder the proceed of the ship or vessell ; but that those so sending hir forth
shall be Ijable to respond his part vpon ensurance, according to y° custome of
merchants, w'^'' ensurance is to be defalked out of that part of hire due for
such ouners w"*" dissented.

Seel 3. Whereas masters of ships or other vessells haue their ouners Masters to
line parte in one country & part in another, whereby they haue in themselues ^g^g^ ^ not\o
not only opertunity, & some haue made vse thereof, in their oune persons, to ™^''® y° "'^J'

J i^ J) ^ r 3 p',&c,vnless

re^sent the majo' part of the ouners in the place where he comes, it is there- impowTed, &!:■.

fore ordered, that such master shall not be taken to haue vote in the ordering

of such vessell further then his oune interest, except he make it appeare

to the rest of the ouners where he is, that he is authorized vnder the hands

of such ouners absent, & then he is to haue votes according to the proportion

of parts he stands for, & the majority of parts are to carry it as before ; never-



tendanc oa
board, &c.



seamen & offi-
cers.



390 THE RECORDS OF THE COLONY OF

16 6 8. theless, it is to be vnderstood, that any ouiier hath power to make sale of his
^1^ part, either to the rest of the ounors or others, as may be most to his oune

14 October. t • /. •* i i

advantage ; and if any master shall presume to act contrary herevnto, what
damage shall be sustejned by the rest of the ouners, the master shall be Ijable
to make good, it being duelv proued against him.
Penalty of ma- See? 4. All masters taking chardge as masters of ship or other vessell,

riners or mas- p i • /y» • i i i t

tei-s non at- "^ ^°^ being sufficient to discharge his place, or that through negligence or

otheruise shall imbozcfl the ouners or imployers stockes or time, or that shall

suifer his men to neglect their due attendance on board, both by day & night,

especially when ' whilst merchants goods are on board, & that himself or

mate be not on board euery night, to see good orders kept, vpon defect

therein, such master shall be Ijable to pay the damage that shall acrew by

such neglectj \ -ing duely proved against him.

Masters to Sect 5. Til the masters better securing their men to them, & to pre

agreera's w"" vent all CO veil, t^iey shall make cleere agreem's w"" their marriners & officers

for their wages, & those agreements enter into a booke, & take the seuerall

mens hands thereto, a copy whereof the master, as a portlige bill, shall leaue

w"^ their ouners, if required of them, before their setting saile vpon the

voyage ; & all such agreements the master shall make good to the seamen,

& such ship or vessell as they saile in shall be liable to make good the

same.

Masters to Sect 6. All masters of greater or lesser vessells shall make due & meete

vissions & provisions of victualls & drincke for their seamen or passengers, according to

drmck, &o, on ^jjg ]audable custome of our English nation, as the custome & capacity of the

penalty. ^ _° .

places they saile from will admitt, vpon poenalty of paying damages susteyned
for neglect thereof.
[*615.J Sect 7. *That no master shall ship any seaman or marriner that is ship*

No masters to Tjefore by another master, or imployer, vpon a vojage ; nor shall any seaman

enterteine sea-
men not dis- ship himselfe to any other man vntill he be dischardged from him that ship*

former im- ^™> vpon the poenalty of him that enterteyns him, to pay one months pay, that

ploys, nor sea- g^ch seaman aerrees for : as also, of such seaman shippina; himself, to pav one

men to enter i j- o ' jr .;

themseiues till months pay that he agrees for, the halfe thereof to be pajd to the vse of the
pccnalty of'a pooi'e of the toune or place where such offence is coi5itted, the other halfe to
months pay, (.jj^g complajner or informer.

Masters pro- See? 8. No master of ship or vessell shall sajle into any hauen or port,

11 nte to sai e g^-^gp^ necessitated therevnto by wind or weather, or for want of provission, or

into any port '^ j ' sr '

but w bound for security from pyrates, but such port as by charter party or his bill of lading

to ; but in case, , 'n i i i i t it*

&e. he IS bound vnto, vntiU he hath dehuered his goods according to his engage-

ment ; & in case any master shall take in goods for more posts & places then



THE MASSACHUSETTS BAY IN NEW ENGLAND. 391

one, he shall declare himselfe so to doe to those that freight vpon him ; & in 16 6 8.
case he shall voluntarily goe to any other port or harbor, then he is obleiged ^ '^ '

14 Octoter.

to as aboue, if damage to the merchants happen thereby, such master shall
make good the same, it being duely proved ag* him.

Sect 9. Any master hired out jr imployed by his ouners vpon any voyage. Masters may
receiving aduice from his imployers that the alteration of the voyage, when ^^ ^^^^ ^g
they are abroad, may be much for their security & advanta2:e, by soiuff to some Sea,raens con-
Other port, the master seeing meet to close w* that advice, the marriners shall good, &£.
not hinder his proceed, vnlesse where any of the seamen shall haue made a
^ticular contract w"" the master to the contrary, prouided that they be not
carrjed to stay out aboue one yeare, nor be carried to any place where they
may be liable to be pressed into a a service they are not willing vnto.

Sec? 10. Masters shall see that their officers & marriners be duely payd Masters duel)-

... to pay niar-

their wages according to agreement made w**" them, vpon the finishing of their riners wages
Tojage, w*out delay or trouble, vpon poenalty of paying damages for neglect, ^°°"' ™^ °
& all costs that the seamen shall be at for recouering the same.

Sect 11. Whereas many times masters take in merchants goods on board
their ships or vessels vpon freight, when yet they are not meetly fitted w'*" suita-
ble tackling & seamen for the security of such ships or vessells & goods, —

It is ordered, that in case any master of ship or vessell, after he hath Masters, ship,
laden vpon his ship or vessell any merchants goods- to be transported, shall, teare y loss of
for want of sufficient ground tackle, ("if to be had,) or because of want of ^""^^ danufled

'-' ^ by their neg-

sufficient men being on board, come ashoare to the damage of such merchants lect or want of
or freighters in their goods, the ship shall be liable to make good such &o.
damages ; & in case the defect appeare to be in the master & men, both or either *
the ouners shall recouer such damage from them.

Sec? 12. "Where any ship master hath mored his ship or vessel, none other Who to pay

. damage of

shall come so near to him first mored as to doe mm damage, or receive damage goods oo-
by him, vpon the pcenalty of him so coming to make good all the damage, & 5hip™cominB
to be further punished, if wilfulnes or peiversnes in the action be prooved together, &c.

against him. Master mn-

Sec? 13. In case any master of ship or vessell vnder saile shall run on or "'"^ ™ ^'""''^

•^ ■*- any ship at

board any other ship or vessell at an anchor, & damnify him, the party offending anchor, y ship

•1 • 1 n T. 1- ui & master to

shall pay the damage ; and such ship or vessell as he sajles in shall be liable beare y=
to arest for the making good the damage, to be judged by indifferent men ap- ^'™=»s«> &5.

. Goods throwue

pointed by the judges thereof, vnless the partjes agree among themselues. oiiboard by

Sec? 14. In case of losse of goods, by reason of throwing some ouerboard &"'f^°g^^™to ^^
to ease y* vessell to saue the rest, the goods throune ouerboard shall not be ""^-lie good by

^ an auerage,

donne w*out the master or majo' pte of the companjes consent, or at least w"" the &o.



Y

14 October.



392 THE KECOEDS OF THE COLONY OF

1668. officers, w"^ the master, 'w'^'^ goods shall be brought into an auerage, & the

whole losse to be borne by ship & goods, & "vvages, in proportion, that are

saued. The like course shall be for cutting of masts & loss thereofe, or boates,

cables, or anchors, as also of rigging & sailes for the safety of the whole. The

merchants goods are to beare a part of the losse.

M' & oune" to SecT 15. In case a ship or vessell, at setting forth, prooues deficient, &

dama-res of gives ouer the voyage, the charges the merchant hath susteyned in shiping &

goods shipt on landing his goods shall be borne by the master & ouners of such vessell that

an insufficient ij <-> j

bottom. presumes to take goods into an insufficient bottom.

[*616.] *Sec? 16. Any ship or vessell at sea receiving damage by the masters or

Master or rnar- marriners negligence, yet bringeth the merchants goods home, & deliuereth

riners to mxKe

good damage them according to bills of lading, he shall receive his fraight ; but if the goods

' ' ' be damified, the master or marriners shall make good the damage.
Ships breaking Sect 17. If any ship or vessell in storme shall breake loose & fall vpon

pay damage. another, & doe her damage for want of ground tackle, the ship breaking loose

shall make good the damage ; but if it appeare the master or marriners, or

both, are negligent of freshing their hoase, or clearing their cables, they shall

pay the damage for such neglect.
Marriners ab- Sec? 18. All marriners being ship' vpon a voyage, & in pay, they shall'

Icaue punish' duely attend the service of the master, ship, or vessell, for the voyage, & not
Dy 5» mulct. absent themselues day or night w*out leaue from the master, vpon forfeite for

euery offence fine shillings.
Officers or Sect 19. No officers or marriners shall be disorderly or vnruly, to occasion

vnralv'causin" disturbance in the ship or other vessell he is shipped vpon, to hinder or damify
disturbance the voyage, to be prooued by the master or other marriners, or both, vpon

dams to y«

goods, how poenalty of paying the damage, if able ; & in case of iuabllitje to pay, or
suffer corporall punishment, as the nature of the offence may appeare to the
judges ; & in case master or marriners shall conceale the offences of such, &
refuse to give in euidences therein, they shall be annexed or imprisoned, as
the judges shall see meete.
Ignorant pilots Sect 20. If any shall vndertake the charge of pylot, boatswajne, gunner,

cars, to loose °^ ^"7 other office in ship or other vessell, & not be able to discharge the duty
yir wages, &c. q£ ^]^g place, such shall loose theii- wages in part or in whole, & be further
Marriners at punished for their presumption, as the judges shall see meete.
b to keen Sect 21. All marriners shall keepe true watch at sea or in harbor, as the

watch on pee. master shall appoint, vpon pajne of forfeite of twelue penc for euery default,
Marriners de- ^° ^^ defaulted out of their wages,
sertmg y voj- gg^^ g^. Any marriner that hath entred vpon a voyage, & shall depai't &

age to loose i. j ^

yir wages, &c. leaue the voyage, shall forfeit all his wages, one halfe to the poore, the other



14 October.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 393

lialfe to tlie master and ouners, & be further punished by imprisonment or 1 G G 8.
otherwise, as the case may be circumstanced, to be judged by the magistrate
or magistrates they are complayned to, except such seaman shall shew just
cause for his so leaving the voyage, & shall procure an order therefore from
authority.

Sect 23. If any marriner shall haue received any considerable part of Runaway mar-
lils wages, & shall runn away from the ship or vessell he belongs to, & dccljne proceeded
the service of the master in the prosecution of the voyage, he shall be pursued ^"''^'
as a disobedient runaway servant, & proceeded w"^ as such a one.

Sec? 24. If any maniner shall enterteyne any person or persons on Po=nalty to eu-
board the ship or vessell he sajles in, w^'out the masters leaue, or masters JIou" masters
or niarriners shall doe it at vnseasonable times, he or they shall forfeite twenty '^*"^' *'^-
shillings, one halfe to the poors, the other halfe to the ouners.

Sect 25. No seaman or seamen, or officer, shall comitt any outrage Seamen comit
vpon the master of any ship or vessell ; but those so offending shall be severely '"^ °" "^f ""^ ""
punished by fine or other corporall punishment, as the fact shall appeare to be ^^y punished,
circumstanced to the judges that shall heare it, and as they shall judge meete.
If any officers or marriners shall combine against the master, whereby the
vojage shall be diverted or hindered, or that damage thereby shall accrue to
the ship & goods, they shall be punished w*'' losse of wages, or otherwise as
mutineers, as the case may require.

Sect 26. In case any ship or vessell be in distress at sea by tempest or ships in dis-
other accident, the marriners shall doe their vtmost endeavour to asist the ■, j ^ ^ ,,
master in saving ship & goods, and not desert him w'^'out apparent hazard ap- marriners.
peare that by their staying they may loose their Hues.

Sect 27. And in case of suffering shipwracke, the marriners, w*out dis- Marriners to
pute, vpon their getting on shoare, to doe their vtmost endeavours to saue the in shipwrackto
ship or vessell, tackle, & apparrell, as also the merchants goods, as much as s^^ie y goods,
may, out of which they shall haue a meete compensation for their hazard &
pajnes, & any vpon conviction of negligence herein shall be punished.

* Whereas there is a lawe provided by this Court for punishing of fornica- [*G17.J
tion, but nothing as yet for the easing of touncs where bastards are borne, in Bastards, by

whom to be

regard of the poverty of the parent or parents of such children sometimes ap- majnteyned,

pearinff, nor any rule held forth touching the reputed father of a bastard for

r a> J a i Directions to

legall conviction, it is therefore ordered, & by this Court declared, that where Courts to pro-
any man is legally convicted to be the father of a bastard child, he shall be at
the care & charge to majnteyne & bring vp the same, by such asistance of the
mother as nature requireth, & as the Court from tjme to tjme (according to

VOL. IV. PART II. 50



394 THE RECORDS OP THE COLONY OF

166 8. circumstances) shall see meete to order ; & in case the father of a bastardj by
" "^ ' confession or other manifest proofe vpon triall of the case, doe not appeare to
y" Courts satisfaction, then the man charged by the woman to be the father,
she continuing constant in it, (especially being put vpon the reall discouery
of the trueth of it in the time of hir travajle,) shall be the reputed father, &
accordingly be Ijable to the charge of maintenance, as aforesajd, (though not to
other punishment,) notw"'standing his deniall, vnless the circumstances of the
case & pleas be such, on the behalf of the man charged, as that the Court that
haue the cognizance thereof shall see reason to acq[uitt him, & otheruise dis-
pose of the childe & education thereof; provided always, in case there be no
person accused in y' time of hir travaile, it shall not be availeable to abate the
conviction of a reputed father, any law, custome, or vsage to the contrary not-
w"'standing.
Order for toll- For the prevention of fellonious practises growing vpon vs of stealing of

catle to pre- horse kinde & other neate catle, & selling them as their oune, it is ordered by
vent felony. ^]^^g Court & the authority thereof, that there shall be a toll booke kept in euery
toune by the clerke of the writts, wherein all horse kinde & the other catle,
as aforesajd, bought of any person, shall be entred, w"* their age, colour, &
marks, at the peril of the buyer, w"^ the name of the seller, & such seller
shall haue two vouchers to testify the sajd seller to be the propper ouner of
such horse kinde or other catle so sould ; or in case of horse kinde or catle
so sold shall be challenged by any other person, the vouchers, in case of the
escape of the seller, shall be Ijable to all damages that shall arise therevpon ;
& the clerks of the writts shall haue threepenc of the buyer for entring euery
Danger of buy- such horse kinde or neat catle j and if any horse kinde or other cattle, as
catle w'l-out aforcsajd, so bought by any person, be not toU'd, nor sellers nor vouchers
tolling y«m. found, vpon challenge of any such cattle, the sajd buyer shall be Ijable to all
damages, as the felon himself should be were he present ; and any person or
persons, hauing lost any horse kinde or other such cattle, shall haue ffree
liberty to search any toll booke in any toune in any such case.
Secre« to signe I* is ordered by this Court & the authority thereof, that the secretary for

de^ath"&/'"^ the tjme being shall from time to tjme signe all warrants for the execution of
Sec or cl'ks to persons sentenced to death either in the Generall Court or Court of Asistants,
tlons iTciuiil ^^^ ^^^^ *'^® secretary or clarke of euery Court shall signe warrants for exe-
orcriminali cutions in all other judguits of Courts, civil or criminall, any custome or

judgra^s.

vsage to y" contrary notw^'standing.
Neglectors of Whereas in the law, tit House of Correction, idle persons are particu-

cou'nted idle -^^rly named as such as the lawe intendeth should be coiiaitted to that house
persons. for correction & reformation, this Court, taking notice, vpon good information.



14 October.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 395

& sad complaints, that there are some persons in this jurisdiction that haue 1 G68.
faniiljes to prouide for, who greatly neglect their callings or mispend what
they earne, whereby their familjes are in much want, & are thereby exposed
to suffer & to neede releife from others, —

This Court, for remedy of these great & insufferable euills, doe declare,
that by idle persons (mentioned in the recited law) such neg;lectors of their
familjes are compihended amongst the rest, & y'' in a speciall manner.

For the better prevention of the breach of the Saboath, it is enacted by All workes, ex
this Court & y° authority thereof, that no seruile worke shall be doiin on that charity, &'ne-
day, namely, such as are not workes of piety, of charity, or of necessity ; & <^^^^^'y' sp'ia-
when other works are done on that day, the persons so doing, vpon complaint Saboth ; y«
or presentm', being legally convicted thereof before any magistrate or County
Court, shall pay for the first offence ten shillings fine, & for euery offence
after, to be doubled ; & in case the offence heerein be circumstanced w"' pro-
phaness or high handed presumption, the pcenalty is to be augmented at the
discretion of the judges. As an adition to the law for preventing prophaning Going out of
of the Saboath day by doing servile worke, this Court doth order, that what- j°OTis^ayto
soeuer person in this jurisdiction shall travell vpon the Lords day, either on ^"y meeting

not allow by

horsebacke or on foote, or by boats from or out of their oune toune to any vn- law accounted
lawfull assembly or meeting not allowed by lawe, are hereby declared to be s^ij^th.
prophaners of the Sabath, & shall be proceeded against as the persons that
prophane the Lords day by doing servile worke.

Itt is ordered by this Court & the authority hereof, that the following
order shall be directed & sent by the c^ks of the seuerall sheires Courts to
the constables of the tonnes w^'in their shire, who" are enjoyned faithfully to
execute the same ; & if, vpon the returne made, it doth appeare that the select-
men are negligent in executing the lawes therein mentioned, the Coui-t shall
proceed against them, by admonition or fine, as the merit of the case may re-
q^uire, & shall also dispose of single persons, or stubborne children, or servants,
to the house of correction, according to the intent of the lawe, any custome
or usage to the contrary notwithstanding.

To the constable of A.

Whereas the law, published by the honnoured Generall Court, lib' 1,
page 76, sect 3, doe require all tonnes, from tjme to tjme, to dispose of all
sino-le persons & inmates w^'in their tounes to service, and in page 16, ti?
Children & Youth, it is required of the selectmen *that they see that all chil- [*618.]
dren & youth, vnder family government, be taught to reade perfectly the
English tongue, haue knouledge in the capitall lawes, & be taught some



U October.



396 THE EECOEDS OF THE COLONY OF

1 6 G 8. orthodoxe chattechisme, & that they be brought vp to some honest imployment,
profEtable to themselues & the coiiioiiwealth ; & in case of neglect on the part



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 47 of 77)