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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setle the biisines of the military officers & trajned bands ; & comissionated fFor
Yorke, Job Alcocke leften"^*, Arthur Bragdine ensigne ; ffor Wells, John
Litlefeild leiften*, Francis Litlefeild, Juii, ensigne ; Scarhorow, Andrew
Angur left ; for Falmouth, George Ingerfeild lef tant ; ffor Kittery, Chaiis
Frost cap?, E,oger Plaisted leiften*, John Gattinsley ensigne ; ffor Sacoe,
Brjan Pendleton majo', & he to setle Blackpoint. M' Knight, of "Wells,
vpon the morning before wee came away, being Thirsday, 9"^ July, came
& tooke his oath in Court to serve „ an associate. The Court made an
order for a County Court to be held the 15'^ of September there at Yorke,
& for that end continued the comission to Capt Walderne & Capt Pike, &
others, for the better strengthing the authority vpon the place, as by their
comission may appeare. The associates that are now in place are Majo'
Pendleton, M"^ Francis Neale, JNI-^ Knight, of Wells, M' Eajnes, of Yorke,
M' Roger Plaisted, of Kittery ; w* is humbly submitted to the honoured
Generall Court as the returne of yo"^ servants this 23 of October, 1668.

JN° LEUEKET,
EDWARD TYNG,
EICHARD WALDERNE.



Comission to
Cap« Waldem,
Pike, Pendle-
ton, &c, to
keep a County
Court atYorke.



The coinissioners of the colony of the Massachusets, in New England, by
authority of their coiiiission, dated 20* May, 1668, from their right of
jurisdiction by authority of the kings niaj'y royall charter, to Capt Rich-
ard Walderne, Capt Robert Pike, Majo' Brian Pendleton, & M"^ Elias
Styleman.

Yow & euery of yow are hereby authorized w"' magistratticall authority
w*''in the county of Yorke, in the colony of the Massachusets, as well for the
strengthening the hands of those associates chosen & sworne, or to be sworne,
as also for keeping of Courts in the sajd county w"* the associates, & especially
to keepe a County Court in Yorke, being the shire toune of the sajd county,
ordered to be held there the second Tuesday of September, being the 15*
day of y" mo. Given vnder our hands, in Yorke, this 8"^ day of July, 1668 :
this to continue tiU the Generall Court take further order.

JN° LEUERET,
EDW: TING.



Court sent, in
May last ag'
Annabapt'ts to

be printed. turbulent Annabaptists be sent to the presse by the secretary.



Itt is ordered, that the sentence of this Court in May last past ag' the



THE MASSACHUSETTS BAY IN NEW ENGLAND. 405

Itt is ordered, that the next County Court for Suffolke shall & hereby Is 1668.
adjourned to the 17* of November next, & all persons concerned are then to "~ ^ '

. 23 October.

give their attendanc, according to their respective concernes. b t c t

In ans"^ to the petition of Aron Cooke, in the name of the inhabiters of Covits ad-

jourm*.

Woronoake, the Court judgeth it meete to make such an addition of land to courts grant to
the petitioners as may be to the contents of sixe miles square, so as they in- "^"'■ono^ke 6

^ "^ miles square,

treuth not vpon any former grants to tonnes or persons, and it is left to the imunitjes from
towne of Springfeild or whom they shall appoint for the management of this yea!-es°&c.
matter, & the fuitherance of the worke for a touneship, till this Court shall P' ^^^•
take fui-ther order therein, provided a minister be setled there w^'in two
yeares ; and the Court hereby grants the sajd plantation three yeares iinunitjes
from rates to y* country.

The Court, having considered of the case now depending betweene Georg Rngies ag» Da-
Eugles, plaintiif, ag' Cap? "W™ Dauis, defendt, coming to this Court vpon ^"'
the petition of the sajd Rugles, & on hearing of the euidences produced, & on
pervsall of the lawes referring thereto, doe finde for the defendant the land
in controuersy, & costs of Comt, w* fine pounds costs for the hearing of
the case.

In the case of Robert Marshall, chardged at the Court of Asistants last Courts judgm'
for forgery, & found suspitiously guilty by the jury, coming to this Court by g^g^ f^l ^g'
y^ Magis*^ refusing the virdict, the sajd Marshall appearing, on his peticon
had liberty to make further pleas, & being convicted of making an addition,
in writing, to a bill of debt of twenty eight pounds, signed by Jn° Poole, &
pleading the same iu Court to the abating his debt contrary to justice &
equity, this Court doth sentenc him, the sajd Marshall, to pay a fine of tenn
pounds in money, or to stand in the pillory one hour, & also to be disinabled
to give his testimony in any Court of justice vntiU this Court shall release
him from his restreint therein.

*Att the request of M' Thomas Broughton, pleading that he hath been [*623.]
long in prison by virtue of an execution taken out against him by Jn° Cheeck- Courts judgm'

and M'

ley, & that he hath not wherew*'' to satisfy the judjments of the Courts Broughtons
g-ranted ag' him, this Court doe grant him the liberty of the lawe, that some ''^^'
coinissioners may be impowred by this Court to take his oath as the law per-
mitts, & vpon the taking his oath, according to the sajd law, he shall be re-
leased from prison, & shall sattisfy by service, as the law directs ; and that
Capl Gookin & M' Danforth be the comissioners appointed to take the oath
for that end.

His oath re-
turned & en-

I, Thomas Broughton, doe sweare, by the name of the living God, that I tied.




23 October.



THE KECOKDS OF THE COLONY OF

liaue not disposed of or consealed in any kinde my estate, to the defi-auding
M' John Cheekly of his debt, w* he demandeth of me, & the benefit of the
judgmts of the Courts granted ag' me ; & in testimony hereof I doe sub-
scribe my name.

THOMAS BEOUGHTON.



7 November. Taken vpon oath, this seventh of the 9 &, 1668, before vs,

DANIEL GOOKIN,
THO: DANFOETH.



Courts ans' to
Tho. Whites
peticon.



Ans' to Mathi-
as Button.



Ans' to M'
Corlets peti-
con, 500 acres
granted him.



Ans' to Jn*
Websters peti-
con ab' his bin
of charges.



Persons im-
powrd w^^ ma-
gistratticall
authority iu
Yorkshire.



Ans' to M'
Jn"* Higginsons
peticon for ex-
change of 4 or
500 acres of vp-
land.



In ans' to the petition of Thomas White, the Court judgeth it meete to
grant the petitioner a hearing of his case, mentioned in his peticon, on the
Tuesday after the begining of the next Generall Court of Election, the sajd
White entring sufficjent caution for the trjall, & give the partjes concerned
seasonable notice.

In ans' to the peticon of Mathias Button, complaining ag* John Godfrey,
the Court judgeth it meete to referr the peticoner to his course of lawe by
action at the County Court of that shire, & is admitted, sub forma pauperis, to
whos justice the case is referred.

In ans' to the peticon of M' Eljjah Corlet, the Court hauing considered
of the peticon, & being informed the petitioner to be very poore, & the country
at present having many engagements to sattisfy, judge meete to grant him five
hundred acres of laud where he can finde it, according to lawe.

In ans' to the peticon of John Webster, constable of Newbery, humbly
craving that his bill of charge, expended on hue en cry% &d, amounting to
thirty six shillings, might be allowed him, the Court judgeth it meete to re-
ferr the bill to the Tresurer of the country, to examine & allow what he sees
& finds to be just.

The Court, considering how much it concemes them for the due carrying
an end this govemm*, lately setled in Yorkshire, so as the lawes of this juris-
diction be duely executed amongst them, & the people religiously gouerned
for the strengthenig therefore the hands of those that are there already in
place, judg meete to appoint & authorize Majo' Brjan Pendleton, Cap? Richard
Walderne, M' John Cutts, M' Elias Styleman, & Capt Charls Frost, & euery
of them, impouring them w"" magistratticall power out of Court times to act
as any magistrate may doe, & to keep Courts there w* the associats.

In answer to the petition, of M' John Higginson, humbly desiring the
favour of this Court for the exchange of fower or five hundred acres of the
vpland of his farme on the south side of his meadow, for so much of the



THE MASSACHUSETTS BAY IN NEW ENGLAND. 407

countrys vpland in tlie wilderness, the Court judgeth it meete to grant his 166 8.

request, as to the taking in the fower or five hundred acres of vpland on the "" "< '
,.,^,. iii'i 1/.7 November.

south side of his meadow, he laying doune to the countrys vse as much for

quantity of the vpland on the north side of his meadow ; & that Henry

Palmer, Joseph Dauis, of Hauerill, & Nathan Parker, of Andover, as a comit-

tee from this Court, lay it out accordingly, & see so much left out of his farme

as is expressed.

Vpon the motion of Cap? Thomas Clarke, the Court doeth order & ap- Order to lay

point Lef ? Peter Coffyn, of Dover, & Ralph Hall, of Exeter, to lay out the Hauth?r°ns

land granted formerly to Majo' Willjam Hathorne, according to grant, & to ^^""^ *° ^^P*

make retume thereof to the next Court of Election.

The answer of the toune of Salem to the Courts former order is, that wee Salems conees
doe not see cause to consent ffurther. Wee say, that if our brethren & neigh- t,-
bo's of Basse Riuer side desire to be a touneship by themselues, & are content
w*^ the lands already set out to them, wee consent to that.

EDMOND BATTEE, p order of y^ toune.

The Court, on pervsall of this returne, judge it meete to grant that Basse Courts aiiow-
Riuer be henceforth a touneship of themselues, referring it to Salem to ac- toune'caiied^ ^
cofaodate them w"" lands & bounds suitably for them, & that it be called Beverly.
Beverly.

In ans' to the petition of Francis Hudson, the Court judgeth it meete to Ans' to Pr.
grant the petitioner three hundred acres of land in any place where he cann j^^ 300 acres
finde it, according to lawe. s^'ed-

Laid out p* 681.

The Court, vnderstandlng that Cap? John Alljn hath seuerall times been courts ac-
imploved by order ffrom this Court, viz*, tenn dayes, to looke after a French knouiedg»> of

^ •' •' ' ' ■' ' Cap'Allins

ship vpon the coast, as also a voyage to Mounsieur De Aulnay, both himself service & grant

„,.,, »■' ^ 1 ■ ^ 1 of a 1000 acres

& ship, for the space ot neere twenty dayes, besides a second voyage to the of Und to him.
aforesaid DAulnay, wherein he was absent sixe weekes, to w""" may be added,
his lending M' Wiaslow, for the countrys vse, one hundred pounds in England,
w"^ was not pajd in seven yeares after, & then but in country pay ; all. w* con-
sidered, the Court judgeth it meete, as a manifestation of their acceptance of
such his good services, which hitherto hath not been tooke notice of, so
as to render him any answerable recompence, to grant him a thousand acres ,

of land where he cann finde it, according to law, so as he take it not vp in
aboue two places.

* Whereas Sarah Ahaton, an Indian squa, is now in prison for adultery, r*624 1



408 THE RECORDS OF THE COLONY OF

1668. & there being seuerall considerations about it, wherein much difficulty ap-

" "' ' peares, it is ordered, that this case be heard by the Generall Court on 27 in-

„ , . , '. stant October, at one of v" clocke. The Court at y' time sent for the said Sarah

Courts judgm' ^ -J •' "^

& censure ag' Ahaton out of prison, & being at the barr, & hearing what was produced ag'

Sarah Ahaton. /* • c •

her, vpon the question relating to the said Sarah Ahatons confession of comit-
ting adultery w"' Joseph, an Indian, whither on what hath been heard, as the
case is circumstanc'', she should be put to death, it was resolued on the neg-
ative ; and it is farther ordered, that the sajd Sarah Ahaton shall, on the 29"^
instant, stand on the gallowes after the lecture in Boston, w"' a roape about hir
necke one hower, & that then the marshall generall shall cause her to be tooke
doune & returned to prison, & coinitted to the Indian constable of Naticke,
who, on a publick day, by order from Capt Gookin, shall severely whip hir,
not exceeding thirty stripes, & y' she pay all charges for the prosecution, to
be allowed by Capt Gookin, (hir whiping to be deferred till after the time of
hir deliuery, if she be w"' child, as is reported.)
jn«Greene,&o, Jn° Green & W™ Greene, of Maulden, Symon Crosbee, of Billirrikey, &

ber&'xhr Thomas Day, of Springfeild, all members, & in full comuion w*'' those
Day freemen, churches, are admitted & allowed to the freedome of this comonwealth.
Courts ans'to In ans' to the petition of M"^ John Litlebury, itt is ordered that Majo'

bury peticon. Generall Jn° Leueret, M"^ Edward Tyng, & Capt W™ Dauls be a comittee to
inquire into the true state of the case referring to the peticoners interest in
any land mentioned, who are to informe the next Court of Election thereof.
Ans' to J' pe- In ans"" to the peticoners on the west side of the riuer at Hadley, the

west side of Court judgeth it meete that they be allowed to procure an able minister to
Hadley. gg^jg ^th them on their side of the riuer, for whose maintenance they are care-

fully & comfortably to provide, and shall be freed from the maintenance of
the minister on the east side, vnless the inhabitants on the east side of the
riuer & they shall agree together for the maintenance & allowance of both
jointly ; provided that the inhabitants of the west side shall not rate any of
the estates or lands of the inhabitants of y* east side lying on the west side
of the riuer, towards the maintenance of their ministry.

Coffiittees re- The comittees retume about a new plantation neere Quansigamond Ponds.

turne ab^ Qua-
Bigamand.

Boston, 20 Octoti, 1668.
Wee haue, according to the Coui-t order, bearing date 15"' May, 1667^
vejwed the place therein mentioned, & finde it to lye about twelue miles west-
ward from Marlborough, neare the road to Springfeild, & that it conteynes a
tract of very good chesnut tree land, a large quantity ; but the meadow wee



7 November.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 409

finde not so much, because a very considerable quantity of meadow & vpland, 1668.
about fiue thousand acres, is lajd out vnto particcular persons, and confirmed
by this Court, (as wee are informed,) w* falls w"^ia this tract of land, viz' :
to Ensigne Noyse, deceased, & his brethren, three thousand two hundred
acres ; vnto the church of Maiden, one thousand acres ; vnto others, fiue hun-
dred acres, bought of Ensigne Noyse ; but all this notw"'standing, wee con-
ceive there may be enough medow for a small plantation or toune of about
thirty fiimiljes, & if those farmes be annexed to it, it may suply about sixty
familjes ; therefore wee conceive it expedient that the honnoured Court will
be pleased to reserve it for a toune, being conveniently scittuated, & well
watrd w'^ ponds & brookes, & lying neere midway betweene Boston & Spring-
feild, about one days journey from either, & for the setling thereof we do offer
vnto the Court that w'^'' fibllowes : —

1. That there be a meete proportion of land granted & lajd out for a Comts order
toune in the best forme the place will beare, about the contents of eight mile tion there, &c.
square.

2. That a prudent & able comittee be appointed & impowred to lay jt
out, to admitt inhabitants, & order the affaires of this place in forming the
toune & granting lotts, & directing and ordering all matters of prudentiall na-
ture, vntil the place be setled w**" a sufficient number of inhabitants & persons
of discretion, able to order the affaires thereof in y° judgment of y» Court.

3. That due care be taken by the sajd comittee that a good minister of
Gods word be placed there as soone as may be, that such people as may there
be planted may not liue like lambs in a large place.

4. That there be two or three hundred acres of land, w"' a proportion of
meadow, in some convenient place, at the discretion of the coinittee, reserved
& lajd out for the comon wealth, & the coinittee to haue power & liberty to
setle inhabitants therevpon for liues, or tjmes, vpon a smale rent, to be pajd
after the first seven yeares.

The Court approues of this returne, and Sf doe order & appoint Cap? Comittee to

. f T) carry on Quau-

Dani Gookin, Cap? Tho Prentice, M"^ Daniel Hinckman, & Leiften"' Beare, siggamond,
or any three of them, to be a comittee, whereof Cap? Daniel Gookin to be ^^' Gookm,
one, as is desired & returned. [*625.]

Order raysing

*This Court, being sencible of the great necessity to regulate the way of ™odsTmport-
raysing moneys for the defraying of the publick chardges of the comonwealth, g^;*^'^°^,^_
experience, from tjme to tjnie, making it to appeare that the concernes of the come, &E.

VOL. IV. PART IT. 52



7 November.



410 THE RECOEDS OF THE COLONY OF

1G68. publicke doe require supplyes of moneys out of their treasury, when, as by
reason of the great poverty thereof, & the rnsuiteablenes of the specie therein
to answer the emergencjes that doe often happen, the streights of this Court
are many & inextricable, & the publicq^ue weale in a suffering condicon, doe
therefore order, & hereby enact, that there shall, from after the fii'st of March
next coming, be a custome imposed on all goods & merchandizes, in manner
ffoUowing, i. e., vpon all goods, provissions, & merchandizes imported into
this jurisdicoon, two p cent, money, plate, bulljon, gunpouder, & salt ex-
cepted, & wine, licquors, &d, vpon w°'' there is ajsustome already set, to be
likewise exempted, during the time for w?*" they are already farmed, by order
of this Court.

And for catle & corne imported into this jurisdiction, the allowance for
the same shall be as foUoweth, viz' : horses, mares, & neate catle, of what age
soeuer, five shillings a peece ; wheate, & all other graine, three pence for
euery bushell ; prouided alwajes, all forreigne goods & merchandizes ex-
ported, vpon cirtifiicat that custome was pajd for the importation thereof, they
shall be repajd the one halfe againe of what they pajd, & be freed from any
further custome for the exportacon thereof, & all goods & merchandizes that
doe pay custome shall be rate free in the public assessments of the country,
any lawe, custome, or vsage to the contrary notw*standing.
6: 9: 68. Eesolued, vpon the question, that the order of this Court referring to

take effect &c customes shall be prosecuted to effect w*''out any vmiecessaiy demurr ; and itt
Maxell next, jg ordered, that there shall be an abatement of one p cent of goods imported,
two shillings sixe pence on great catle imported, & one penny p bushell of
corne imported, & this on condicon that there shall be no repayment made
when the sajd goods are againe exported.
Coinittee to And for the effecting of what is to be donne for the executing the order

'Drcscnt to v' •

council. passed as aboue sajd, this Court doe order & appoint Capt Daniel Gookin, M'

Thomas Danforth, Majo'^ Gen Leueret, Capt "W" Dauis, Cap? Jn° AUin, &
Capt Foster, or any three of them, comissioners to bring it to effect, prouided
what they doe be allowed by the council at the next Court of Asistants, who
are impowred to doe any thing that may be further requisite for the regu-
lating thereof, vntil the next Generall Court.

Abra. Drakes The humble request of Abraham Drake, of Hampton, marshall, for advice

torrequesr"^' ^^°^ GetfU Court or honnoured Magis'= now assembled at Boston, how I may

safely act in the execution of my office, referring to the case following :

Hauing received an execution, vnder the hand of the clarke of Hampton

Court, which execution & originall writt is here annext, the defendant, w"'



THE MASSACHUSETTS BAY IN. NEW ENGLAND. ,111

liis abetto'^% still hold possession, & vpon demand, after judgment given for 1668.

the plaintiffe, refuseth to surrender. I finde it a case rarely in vse, & so diffi- ' '^ ^

cult to me ; wherefore, according to the direction amongst the precedents, as in

the marshalls oath, I craue advise of this honoured Court, whether, in case

the defendant or abetto" refuse, vpon demand being first made by me, I ought

not by force to dispossess them, & give possession to the plaintiffe, that is, of

the house & niilne, w'^ appurtenances, viz', whatsoeuer belongs to the sajd

ffarme. That I may more fully be vnderstood by abetto", I intend Eofet

Wadleigh, of whom the defendt holds, (who, w"" the defendt, haue carrjed on

the worke & milae vpon the plaintiffs farme,) their workmen, or any else

holding by the same refuted title.

ABRAHAM DRAKE, Mai-shalle.

In answer to the quaestion propounded to this Court by y^ marshall of Courts resolue
Hampton, as the q^uestion is propounded to vs, the answer of this Court is in aulsti^n.^
the aiErmative.

The marshall may take notice, that it behooveth him in such cases to
carry the matter faii'ely by making knoune to the persons concerned the end
of his coming, & first to demand free & peaceable possession.

Then, if he be denjed or meet w* opposition in the execution of his
office, it is in his power to require sufficient ayde to accomplish his worke ;
ffor after the judgment (w"'out appeals) execution doeth follow in course ,• else
it were in vajne to any man to sue for his right, the law being still open for
the contrary party to become plaintiff, if he see cause so to doc.

The Court resolues this question in the affirmative.

It is ordered, y' y' bill of the kte M"^ Jn° Endecott, amounting to three 3" o».
pounds five shillings, for cm-ing of one Jn° Clarke, is referred to the Treas- ^jj ^.^j^^.^ ^^
urer, who, on conferenc w*'' some phisition, may allow him what he sees Trcsu'.
meete.

*The returne of the comission of the honored Generall Court, bearing date [*G26.]
Aprill, 1668, for the laiing out two hundred & fifty acres of ground granted *i'^y™""'i\

■^ JO •! ^ ^ 2a0 acres lajd

to M' Samuel Symonds, by vs, whose names are vnderwritten, is as follow- out.
eth, viz' : —

There being meadow ground greatly wanting for the vse of y' saw miles
at Lamperell Rywer, wee endeavo^'ed, according to the end of the grant ob-
teyned, to finde out the same vp in the country, & in or neare Exitur bounds ;
& wee haue found & lajd out such lowe grounds as, w'^ great labo'' & cost ia



412 THE RECORDS OF THE COLONY OF

1668. time (at least much of it) may make meadows, swamp, or mowing grounds,

'' ' & thus wee describe it to be knowne : —

7 November. /., o i i nii

Wee haue lajd out, of meadow, swamp, & low ground, one hundred
acres, w'='^ Ijeth vp in the country, from Lamperill Riuer mill falls about north
& by west, that is to say, all the meadow & low ground lying on both sides
of a certeine brooke coming out of the country, w'='' brooke wee describe, & is
to be knowe by a very great fall w"*" is in the same, about w* falls is y° greater
part of the aforesajd land. The same brooke is continued vntill it comes
neere to y" corner of a pond, w"*" wee call Triangle Pond, where it receives &
is vnited w"^ another brooke coming out of the same pond, at w"*" place is the
beginng of the other parcell of the aforesajd hundred acres, hauing this brooke
running through it. This brooke runs into Lamperele Riuer. That this land
might be the better knoune, wee marked a tree nere the ffoote of a hill w*
wee call Eandevow Hill, w* two S S, & about the sajd land diners other trees
w"^ plajne marks.

The other parcells lajd out lye more westerly, in or neare Exiter
bounds, at or about a place called by the Indians Watchock, as followeth,
viz' : — '■
^ Twenty acres of of ground, which, w**" cost enough, may make mowing

ground, & is about fiue miles from M"" Symonds his falls at Lamperele Riuer,
lying in length west & by south, & north & by east, hauing a tree marked at
the westerly end, & about the middle of the meadow a tree marked on the
south side of the meadow, & another on the north side. The next parcell
conteynig about fifty acres, w**" all the corners & nookes, being very brushy,
& bushy ground lying in length south & by west, north & by east, being about
a mile from the last mentioned meadow northerly, marked on the south side



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 49 of 77)