Nathaniel Bradstreet Shurtleff.

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

. (page 48 of 77)
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of the family governo''s after admonition given them, the sajd selectmen are
required, w"^ the helpe of two magistrates or next Court of that shire, to
take such children or apprentices from them, & place them forthw"^ such as
will looke moje straitly to them ; the neglect whereof, as by sad experience
from Court to Court abundantly appears, doth occasion much sinn & pro-
phanes to increase among us, to the dishonnor of God & the ensnaring of many
children & servants, by the dissolute liues & practises of such as doe Hue from
vnder family government, & is a great discouragement to those family governor's
who conscientiously endeavour to bring vp their youth in all Christian nurture,
as the lawes of God & this comonwealth doth require. These are therefore, in
his maj'y name, to require yow to acquaint the selectmen of yo"^ toune that the
Court doth expect & will require that the sajd lawes be accordingly attended,
the prevalency of the former neglect notw^standing ; and yow are also required
to take a list of the names of those young persons w^^in the bounds of your toune,
& all adjacent farmes, throughout of all toune bounds, who doe Hue from vnder
family government, viz., doe not serve their parents or masters as children,
apprentices, hired servants, or journeymen ought to doe, & vsually did in our
native country, being subject to their coinands and discipline ; & the same yow
are to returne to y^ next Court to be held at on y^ day of

& hereof yow are to make yo"" returne, vnder yo'' hand, & not to faile.

chojce of Whereas the Christian magistrate is bound by y« word of God to preserve

to be by those ^^^ peace. Order, or liberty of the churches of Christ, & by all due meanes to
only in full promote religion in doctrine & discipline, according to the word of God ; &

communion, i o ^

&c. whereas, by our law, tit Eclesiasticall, sect 4, it is ordered & declard, that

euery church hath free liberty of calling, election, & ordination of all her of-
ficers, from time to time, prouided they be able, pious, & orthodox ; for the
better explanation of the sajd lawe, & as an addition therevnto, this Court doth
order & declare, & be it hereby ordered & enacted, that by the church is to be

None other to meant such as are in full comunion only, and that the teaching officer or offi-

votc in such r i i i

chojce vnder a cers ot such church or churches are planted, and that no inhabitants in any
pccnalty, &c. ^^g^j^g g}j^^ challeng a right vnto or act in the calling or election of such officer
or minister, vntill he be in full coinunion, vpon the pcenalty of being account-
ed a disturber of peace & order, & to be punished by the Court of that shire,
cither by admonition, security for the good behauiour, fine, or imprisonment,
according to the quality & degree of y° offence. For the better preserving of
peace & euery mans liberty & safety in this jurisdiction, & to y^ end that all



THE MASSACHUSETTS BAY IN NEW ENGLAND. 397

fighting, quarrelling, & disturbance may be avoyded, it is by this Court or- 1GG8.

dered, & by the authority thereof enacted, that no person shall beate, hurt, or ^ "^ '
•1 , 1 (. . „ 1* October.

Strike any other pson, vpon poenalty of paying to y" party stricken, by fine to p^^^jt . ^^

the county where the offence is coinitted, or both, such suine or suines as the quaneiiing &

fighting, (^u.

County Court, magistrate, coinissioner, or associate that take cognizance there-
of shall determine ; & because, in this case, seuerall circumstances may alter
the degree of the offence, as who do smite, who is smitten, w"^ what instrument,
the danger of the wound, more or less, tjme, place, & provocation, & other the
like, it is left to the discretion of the judges aforesajd, vpon hearing & con-
sideration, to impose such poenalty or pccnaltjes as in their discretion shall
seeme just, a3quall, & proportionable to the merrit of the offence.

Itt is declared & ordered by this Court & the authority thereof, that Court & magiR-
where a judgment is given in any Court for any person of house or land, vpon ^^^^ ^^^^ ^^^_
the triall of the title thereof, if the person against whom the judgment is session on

■ judgm' for

given doth either forcibly keepe possession thereof still after execution served, house or Umtl,
or enter vpon it againe, & so reteine possession by force, he shall be counted a
high offendo'^ against the lawe, & breaker of the publick peace ; therefore
speedily to redresse such a crjminall offence, euery magistrate is impowred, &
by his place hath power, to give warrant & coinand to the marshall, officers, &
other men, (whom he thinks meete to be emplojed in the buisnes,) the mar-
shall also reqiiiring ajde, greater or lesser, as need requires, to suppress the
force & give possession to the ouner, & to imprison such as do appeare to be
delinquents, & their abetto's & aydo's to be forth coming at the next Court
that did give the judgment in the case, there to make answer, & whom the
Court doth finde guilty, to set such fine or other punishment vpon them as the
merrit of their seuerall cases doth require.

Itt is ordered by this Courte & the authority thereof, that the age for Age for plain-
plaintiffs & defendants in civil cases, before any magistrate, comissioner, or ^^ °^g ^^^
Court of judicature, shall be twenty one yeares of age, & for all persons under
that age, their parents, masters, or guardians, as they shall see meete, shall
plead & defend their right & interest, as the matter may require ; & in all
criminall cases euery pson, younger as well as elders, shall be liable to an-
swer in their oune persons for such inisdemeano''s as they shall be accused of,
& may also informe & present any misdemeanour to any magistrate, grand jury-
man, or Court, any lawe, custome, or vsage to y° contrary notwithstanding.

*Articles of agreement had, made, & concluded vpon in Boston, in New [*619.]
England, the nineteenth of June, one thousand sixe hundred sixty eight,
by & betweene Richard Russell, Treasurer for the Massachusets colony in




398 THE RECORDS OF THE COLONY OP

jSTew England, Daniel Gookin, one of the Assistants, Esq''s, Anthony Stoddard,
& Jn° Eichards, gent", a coiiiittee ajDpolnted, & by the Generall Court of the
sajd colony, sitting at Boston the twenty ninth of April, the yeare aforesajd,
fully authorized to set & to farme lett the seuerall benefitts & advantages an-
nualy accrewing to the colony aforesajd, in & by the particculars hereafter
mentioned & declared to be let, of the one part, & Richard Way, of Boston,
n the county of SiifFolke, of sajd colony, cooper, of the other part, as fol-
loweth : —

Imprimis. The abouementioned Eichard Russell, Daniel Gookin, An-
liony Stoddard, & Jn° Richards, a coinittee of the Generall Court of the
Vlassachusets colony aforesajd, on the behalfe of the sajd colony, & according
CO the power & trust to them comitted, doe coiienant, promise, & grant to
'k with the above mentioned Richard Way, his heires & assignes, and by these
■iresents, for & in consideration of the faithfuU performance of the couenants,
Tracts, & articles by the sajd Eichard Way, in these articles, to be performed,
iullfilled, & kept in the seasons & species hereafter expressed, haue absokitely
^iven & granted, set & to farme lett, vnto the sajd Richard Way, his heires &
assignes, for & during the time & terme of three yeares from the clay of the
date aboue expressed, to be recconed & compleated, all & euery the benefit &
advantages any ways accrewing to the country by virtue of the impost of wjne,
brandy, & rumme, w"" beavers furrs & peltry, from hence to be traded w"*
the Indians, together w* the rates of drawing of wine from the vintners, as
irdso of selling of beare, cidar, mum, from publick vintners & inkeepers, or
other sellers, w* the benefit of selling amnjtion to the Indjans, as by lawe of
•he Generall Court aboue menconed is imposed & setled ; and by these presents
doe firmly & absolutely giue, grant, set, & to farme lett vnto the sajd Richard
Way, his heires & assignes, all & euery the benefitts & advantages any wayes
acrewing to the country by virtue of the imposts lajd & setled as by law on
the seuerall particulars aboue mentioned is expressed, giving, & by these
presents granting, vnto the sajd Richard Way, his heires & assignes, full &
absolute power & authority to aske, demand, sue for, & recouer to his & their
owne vse, benefit, & behooffe of & from all & all manner of persons in this
jurisdiction all & all manner of such benefits & advantages any way due, aris-
ing & growing due, for the sajd imposts so stated, & by the lawe of y" Gen-
erall Court a,boue menconed setled.

Secondly. It is further couenanted & agreed by & betweene the partjcs
to these articles and the sajd Richard Russell, Daniel Gookin, Anthony Stod-
dard, & John Richards, coinittee authorized by the Generall Court as in their
order, refierence thereto being had, doe, for & on the behalfe of the Generall



14 October.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 399

Court of tlie Massachusets, couenant, promise, & grant to & w"^ the sajd 1 G 6 8.
Eicliard Way, his heires & assignes, that in refFerenc to the Indian tra[d]e, it
shall not be lawfuU for any person or persons to trade w^^ any Indian or
Indians but such as shall be first admitted & allowed by them, the sajd Richard
Russell, Daniel Gookin, Anthony Stoddard, & John Richards, coinittee afore-
sajd, or their successors, and that all persons so licensed shall pay, for the
countrys vse, for euery moose skin twelue pence, for each bevar & otter skin
six pence, for each musquoish skin one penny, & for all other skins so traded
after the rate of two penc p skin.

Provided always, that the impost of wine, brandy, & rumme, that is al-
ready imported into any of the harbo's of the Massachusets in any ship or
vessell, before this 19"^ of June, 1668, though not landed, shall & doth belong
to the country, & are not hereby sett or lett to the sajd Richard Way. In
consideration whereof, it is agreed & heereby declared, that what wine, brandy,
& rumm shall come into any of the aboue menconed harbo''s in any vessell,
before the expiration of the sajd tjme & terme of three yeares, though not
landed, shallbe & belong to the sajd Richard Way, his heires & assignes. It
is further agreed & concluded vpon, by & betweene the partjes to these arti-
cles, that Hampton Toune is the outside bound eastward of any of the rates,
incomes of the imposts granted to the sajd Richard Way, & that all forfeit-
m-es for neglect of entrjes of wine, brandy, rumm, w"^ poenaltjes for trading
or selling any of the aboue mentioned, w*out licence first obteyned, or other-
wise, contrary to the true intent of the lawe in such case made, shall goe &
be to the vse of the country & informer, as the lawe directs, any thing in these
articles notw^standing.

In consideration whereof, the abouementioned Richard Way doeth for
himself, his heires & assignes, couenant, promise, & grant to & with the aboue
mentioned Richard Russell, Daniel Gookin, Anthony Stoddard, & Jn° Rich-
ards, coinittee, as aboue is exprest, that he, the sajd Richard Way, his heires
or assignes, shall & will well & truely pay, or cause to be pajd, vnto the aboue
mentioned Richard Russell, Treasurer for the Massachusets colony, the sum
of sixe hundred pounds, in New England siluer, p annu, in manner follow-
ing ; & to his successo'^s, at his or their dwelling house, in Charls Toune, or
elsewhere, the sume of one hundred & fifty pounds quarterly, that is to say,
one hundred and fifty pounds one each nineteenth of September, nineteenth
of December, nineteenth of March, & nineteenth of June, during the time &
terme of three yeares ; & that he shall & will, on the day of the date hereof,
give good & sufficjent security to their content for the performance hereof in
all respects. In witnes whereof, the partjes to these presents haue inter-



400



THE RECORDS OP THE COLONY OP



1668. chaingeably set to their hands & seales this 27"^ day of June^ sixteene hun-
dred sixty & eight, 1668.

RICHAED WAY, & a seale.



14 October.



Signed, sealed & deliuered in presence of vs, after y^ interljning the
words (the) (any of) & figures (27) in the originall.

EDWAED EAWSON,

W DAVIS,

ELISHA HUTCHINSOlSr.

23 October. Tlic articles aboue written stand here recorded word for word, compared

w''' the originall, by order of the Generall Court, dated 23 : 8, 1668.

As attests. EDWAED EAWSON, Secre?.



[*620.]

Comittce to
take y Tresu-
rers account &
give him a
plenary dis-
charge.



Law enjoynie
fishermen to
catch fish in
yeir seasons, &
not other^vise,
&c.



Fishermen
vnder y mas-
ters order for
licquors, &c.



Courts appro-
bation of y«
coiTiissioners
actings to y
eastward.



*This Court doe order, & be it hereby enacted, that the coinittee ap-
pointed by this Court to take the account of M'^ Eichard Eussell, Treasurer of
the country, »doe forthwith issue the same, & on their signing thereof, that
tliey give him a full acquittance accordingly for the full dischardge of him,
his execcuto''s & administrato'^s, for the tjme wherein he hath officiated in that
place ; & the Governo'^ is hereby ordered to put the seale of the country
thereto, & sigue the same in the behalfe & by the order of this Court.

Itt is ordered by this Court & the authority thereof, that no man shall
henceforth kill any codfish, hake, hadduck, or pollucke, to be drjed for sale, in
the month of December or January, because of their spawning tjme, nor any
mackerell to barrell vp in the moneth of May or June, vnder pcenalty of pay-
ing five shillings for each quintall of fish, & five shillings for each barrell of
mackerell ; nor shall any fishermen cast the garbage of the fish they catch
ouerboard, at or neere the ledges or grounds where they take the fish, nor
shall any of the boates crew refuse or neglect to obey the order of the master
of the vessell to w'='' they belong, for the tjmes & seasons of fishing, nor shall
they take or drincke any more strong liquors then the master thinks meete to
permitt them, the breach of these three last being under the pcenalty of twenty
shillings for the first offence ; for the second, forty shillings ; for the third,
three months imprisonment, one third part of the aforesajd sajd fines to the in-
former prooving the same.

The Court, having heard the returne of their honoured coiiiissioners who
were imployed by this Court for the reducing of the County Courts of York-
shire to the obedience of tliis government, doe w"^ all thankfullnes acknowl-
edge their good service therein, & doe also allowe & approoue of what they



THE MASSACHUSETTS BAY IN NEW ENGLAND. 401

haue done in that affajre, & doe order the same to be entred in the pubhck 16 68.
reccords ;

And is as foUoAveth : —



23 October.



Vpon receite of this Courts comission, w* is r score' ed in the reccords of
the last session, wee presently appointed Peter Wyer cla-ke of the writts, &
hearing that the marshall, Masterson, appointed by the Court, was imprisoned,
wee appointed another marshall by warrant under our hands ; but the former
marshall being at liberty againe, the other did not act.

The Court being by law to be kept in Yorke the first Tuesday in July, Comissioners
1668, being the 7"^ day of the moneth, wee repayred to Yorke vpon Munday, p'^edh"s^tJ
the 6"! day. M' Joceljn & seuerall others, styled justices of the peace, com- ^'^^ eastwaid,

in Yorkshire,

ing nigh to the ordinary where we were, before y« doore, after salutes passed, &c.
they told us they desired to speake w"' us in the morning. To their desii-e
wee complyedj & gaue them a meeting, where wee acquainted them wee were
ready to heare what they had to say, but not assent to treate w*'' them about
what wee had to doe by virtue of the Generall Courts comission. They ac-
quainted vs that they had lately received a packet from CoUonel Nicholls, his
letter to the Governo'' & Magis*s of the Massachusets colony, which they
desired us to read, & first their comission, the which wee reade ; & haulng
read them, wee told them that those concerned the Generall Court, & had been
vnder their consideration, all but the latter, from Coli Nicholls, & that they
had sent their decleration into the county, so that wee had nothing to say,
onely that wee did not vnderstand that the coinissioners had power to make
any such temporary setlement, his majesty hauing before him the case, for
that the Massachusets had in obedience sent their reasons why they did not
deliuer vp the government of that county to M"^ Gorge, w"'' was according to
Lis maj'y' comand.

Then M'' Jocelyn told vs, that there was not aboue five or sixe of a toune
for vs ; to which wee replyed, wee should see that by the returnes made to the
Courts warrants, & appearances ; & further told them, wee must attend our
coinission, in prosecution whereof wee should attend his majestjes & the
countrys service, not our oune ; and if wee mett w**" opposition, wee should
advise what to doe. Many other things passed vs, but w"' mutuall respect.
They sajd they must attend their coinission. Wee parted, & repayred to the
meeting house, and there opened the Court by reading our comission pub-
lickly, & declaring to the people wherefore wee came ; whereto there was
great silence & attencSn. Then by the marshall wee called for the tonnes
returnes to be brought in for the election of associates, & returnes were made

VOL. IV. PART II. 51



402 THE EECOEDS OF THE COLONY OF



23 October.
[*621.]



1668. from fiue tounes ; the *ihe other two being hindred, as they sajd, by the jus
tices ; yet one of them aboue halfe the elector's sent in their votes. Whilst the
Court was busy in opening, sorting, & telHng the votes, the justices came vp,
& w^'out doores, by some instrument, made proclamation that all should at-
tend to heare his majestjes comands. Vpon which order was given to the
marshall, & accordingly he made proclamation, that if any had any comand
from his majesty, they coming & shewing it to the Court, the Court was open
& ready to heare the same ; therevpon those gent" came in, & manifested their
desire, that what they had sheune to us in private might be read in Court to
the people. To whom we repljed, that the Court was in the midst of their
busines, in opening the returnes of the country from the seuerall tounes of
election, & so soone as that was ouer, & after dinner, they should haue their
desire granted. So they left us, & wee proceeded to see who were chosen as-
sociates, had the returnes of jurymen, & their names entred, both the grand
jury &that of trjalls, also of the constables, but did not sweare any one, but
adjourned the Court, & went to dinner, in w'^'' tjme wee heard that the gentle-
men were going to the meeting house to sitt as an assembly, they having
before issued out their warrants for the tounes to send their deputjes, where-
vpon wee sent to speake w"" them after dinner. They returned they would,
provided wee would not proceed any further vntill wee spake w''' them. "Wee
sent them word, wee did engage it. They sent us word, that they would
meete vs at the meeting house ; and presently after these marshall & Nathaniel
Phillips went up & doune, & at all publicke places published a paper or writ-
ing, whom meeting vpon their returne, it was demanded of them what & by
wiiat authority they published to the people, to make a disturbance. They
answered, that they published what they had in the kings name. They were
demanded to shew their order or authority. They ansv/ered, that was for
their security ; so refusing to shew it, they were coinitted to the marshall.
Then wee went to Court, where wee found the house fall, & the gent° to
haue taken vp our seats ; so roome being made wee went vp to them, & told
them wee expected that they would not haue put any such affront vpon the
Court, nor should such motions hinder vs prosecuting our comission, for wee
could keepe the Court elsewhere. Some of the people begann to speake, but
were coinanded sylence, & the officer was comanded by vs to cleare the Court ;
wherevpon the people departed ; & M'' Jocelyn spake to some of them nigh
him to depart ; so they coming from the seate, wee came to private discourse j
and they insisted to haue their coniission & the kings mandamus of 1666 to
be read. Wee told them, that wee would performe what wee had promised
when the Court was sett ; so wee repayred to our seats, & they, being sett by



23 October.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 403

us, desired that their comission might be read, -w"^ was done, & the ground 16 68.
of it exprest to be from the peoples petitioning, who were told they could
best give answer thereto, but sajd nothing ; then that part of the mandamus
of 1666, w"'' they desired might be read, was read ; after w""^ they desired
that CoUonel NichoUs his letter to the Gouerno' & Magistrates of the Massa-
chusets might be read ; but that not being of concernment to them there,
saue only for information of the justices, of what had passed from him to the
Governo'' & Magistrates, to whom it was directed, it was refused. Some short
account being publicity given that that w"'' had been read, for the matter hau-
ing been before & vnder the consideration of the General! Court, they had
the declaration of their intendm*s ; in prosecution whereof wee were comis-
sionated to keepe Court & setle the country, which worke we had begunne, &,
God willing, should prosecute to performe the trust comitted to vs. And
having declared to the people that wee were not vnsensible how that at the
tjme of the interruption of the government in the yeare 1665, by such of the
gentlemen of the kings coinissioners that were then vpon the place, they had
manifested their displeasure, by telling the people that these Massachusetts
were trayto''s, rebells, disobedient to his majesty, the reward whereof, w"'in
one yeare, they sajd, should be retributed ; yet wee told them, that, through
the good hand of God, & the kings favo', the Massachusets were an authority
to assert their right of governm' there by virtue of the royall charter, derived
to them from his majestjes royall predecesso'^s, & that wee did not doubt but
that the Massachusets colonjes actings for the forwarding his majestjes ser-
vice would out speake others words, where there was nothing but words for
themselues, or against vs ; which done, the gentlemen left vs, & wee pro-
ceeded to the worke of the Court, to impannell the grand jury, gaue them
theire oaths & charge, & then the associates present wee called to take their
oathes. One of them, vz', M"^ Eoger Plajsted, expressed publicquely, that he
was sent by the toune he lined in, & accordingly he had appljed himself to
the majo"^ generall more privately to know how wee reassumed the govern-
ment, & how they were to submitt, w* he now menconed in publick, that he
might render himselfe faithfuU to them that sent him ; to which he was an-
swered in publick, as he had been in private, that wee reassumed the govern-
ment by virtue of the charter, & that they were to haue like priviledges w*''
ourselues in the other countyes. "Wee had also from Scarborow a paper pre-
sented, which herewith wee present to the Court. Then having *sworne the [*622.]
constables, present, impannelled the jury for tryalls, sworne them, & coinitted
what actions are entred & presented to them, in w* time the gentlemen sent
to desire that at our leasure time they might speake w"" us, they were sent for.



404



THE RECORDS OF THE COLONY OF



1668.

- y '

23 October.
Millitary offi-
cers setled in
y seuerall
tounes.



and presented vs w*'' a paper. After wee had received it, wee attended to



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 48 of 77)