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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fill the royall eares of our soueraigne lord the king w"' complaints against vs,
and haue, by theire wearied solicitations in our absence, so farr prevayled as
to obteine a letter from his maj'^, to forbeare theire corporaU punishment or
death. Although wee hope, & doubt not, but that if his maj'^ were rightly
informed, he would be farre from giving them such favour, or weakening his
authority here so long & orderly setled, yet, that wee may not in the least
offend his maj'>', this Court doth heereby order & declare, that the execution
of the lawes in force against Quakers, as such, so farr as they respect corporaU
punishm' or death, be suspended vntill this Court take further order.
Cap'Gookinto In ans'' to the petition of M"' John Elliot, in behalf of the Indians,

amongst y» humbly desiring y' Capt Gookin may be appointed by this Court, in the
Indians, &c. roome of the late Maj' Geiill Atherton, to keepe Courts amongst the Indians,
&(3, the Court grants theire request, & appoints Cap? Gookin accordingly to
suply Maj"' Athertons roome.
Day ofhumU- It being obvjous to all pious & serious persons amongst vs that wee are

called of God deepely to humble oui-selves for the many & great sinns & euill
of the country, as our vnproffitablenes, neglect, & indisposednes to a full
inc[uiry & practice of the order of the gospell ; the great ignorance & inclina-
tion of the rising generation to vanity, prophanes, & disobedience ; the sinfuU
indulgence in family gouerment ; pride & excesse in apparrell ; inordinate loue
of the world & the things thereof; insensiblenes of evill occurrences ; & in



THE MASSACHUSETTS BAY IN NEW ENGLAND. 35

speciall, Gods suffering many ennemjes & vnderminers to multiply complaints 1661.

against vs to our soueraigne lord the king; the impetuous & restles intrusions ' > '

of heereticks & ennemjes to the wayes, worship, & ordinances of God ; the ^"^ November.

cursed combination of Antichrist & his adherents to ruine & trample ypon all

the sincere servants of God the world throughout, — this Court doeth comend

the serious consideration of the aforesajd things, w* others of like nature,

together w'*" the aflicted condition of the people of God elswhere, vnto all the

churches & inhabitants of this jurisdiction, & doe appoint the second day of

January next to be kept a day of solemne humilHation and supplication to

the Lord for a thorough redresse, & returne from the sajd iniquities, and also

for the diuerting such calamitjes as are coming vpon vs & the people of God

the Xtian world throughout.

Itt is ordered by this Court, that the generall surveyo'^s, w"" Cap? Dauen- Comittee to
port & Ensigne Foster, or any three of them, are hereby empowred, as a ^c'aftir^""^*
Qoinittee, to repaii-e the Castle, & take a due survey of the same, w*** the
/ seuerall workes, batteryes, guns, carriages, &6, and to take care to see the
same to be in repaire & fitt for service in all respects, & to charge bills vpon
the Tresurer to defray the charges arising for effecting the same.

•Forasmuch as by the providence of God there cannot be an election of r*391.'|
a serjant majo' for the county of Suffolke as the law directs, it is therefore Orderto choose
ordered by this Court, that the seuerall touneships for the sajd county shall for Suffolke.
meete together, and giue in theire votes, as the law directs, vpon the first
third day of January next, & send the same to Boston vpon the fifth day of
the same weeke, there to be opened before two magistrates at the Ancho', &
therevpon to signify who is chosen to that service ; the Gouer" hereby being
ordered to install the person chosen for a serjant majo' in his place, as the
majo' generall by law is appointed to doe.

In ans"' to the petic6n of M' Kirke, Deane, &(3.

Whereas a seazure of certaine French goods hath beene made by M' Courts order

3.1)' X rsTich

Deane, M'' Kelond, M"" Kirke, &6, who, in prosecution of the sajd case, did gjijp ^ goods.
obteine a speciall Court to be called, which, at the tjme appointed, fayling, by
the absence of some members thereof, tho at the same tjme seuerall of the
magistrates being present, and the sajd gent° preferring a bill of comp" or in-
formation concerning the sajd goods, alleadged to be forfeited by the act of
trade, the Magis'' then assembled, being in no capacity to determine the case,
ordered the sajd goods to be still secured till the next Generall Court might
take order therein ; and now the Generall Court being occasionally & suddainly
assembled, the sajd gen*°, by theire petition, alleadging that some of theire
associates & materiall evidences are at present at such a distance, that the



36



THE EECORDS OF THE COLONY OP



1G61.

27 November.
Vide file in y«
lock bos, De-
cemb', 61.



Moulton fined
40».



Order ab' M'
Brads treets
lands, &c.



Order ab'
Courts ad-
journments.



bpportunitys of this Court cannot be attended, this Court judgeth it meete to
order, that the goods seazed shall still remajne sequestred, or the security w"''
is, or may haue beene taken, by y^ order of the Magis*^, aboue id, remajne in
force to the next Generall Court, and that in the meane time, that no informa-
tion or evidenc may be wanting, the secretary is ordered & impowred to take
any information the sajd gen'"' shall present, & to examine & take the oaths of
any & all persons that the sd gen*"^ shall nominate to him, or that he shall
know shall be able to giue evidence in y* sd case, yr"^ he shall carefully keepe
& present to the Geii Court.

Certaine CLuestions relating to y^ Courts sending a meet person or persons
w* an addresse to his maj''', w*'' instruccons & provission for moneys to defray
the charge of such an vndertaklng, so farr as they were agreed vnto, being
on file, are referred to y^ next Court, y* determined & issued what in such
respect is of concernment to y* country, w"' letters from y* Court to y^ Earle
of Manchester, Lord Say, & Colonell Temple, w'^'^ also are on file.

The Magis** in Generall Court, after the hearing of the complaint made
against John Moulton, ferry man at Winissemet, w* what he could say for
himself, ordered, that he be admonished for his neglects, & fined forty shillings
to the country.

Whereas the honored M' Bradstreete is called, on the service of the
countiy, to leaue his familys occasions, & goe for England, this Court doe
graunt him liberty, any time w*in one yeare after his returne, to sue out his
interest in. any lands w"'held from him by any person, & the sajd accon or
accbns to be in all points as avajleable as though it haue binne donne before
the terme of fine yeares, according to lawe for issuing such clajmes, the re-
cited lawe, or any other lawe, vsage, or custome notw*''standing.

"Whereas thro the extremity of the seasons in this country, or othei
accidents that often happineth, that Courts of justice are sometjmes hindered
& put by, to the great gjudice of justice, this Court doeth therefore order,
that henceforth it shall be in the power of any one or more of the magistrates,
being present at the tjme & place where the Court is to be kept, to adjourne
the sajd Court to some more convenient time, as tho the whole Court had
beene mett, & all juiymen, wittnesses, & partjes suinoned to attend the Court,
either in ciuil or criminall cases, according to their respective suinons, obliga-
tions, attachments, or other process, are hereby bound to such adjoufments,
& all proceedings to remajne in force, as though y« ordinary course of time
had binn attended.

This Coiu-t is adjourned till y'^ Goilno' shall see cause to call it againe.



^— V -

31 December.

[*392.]



THE MASSACHUSETTS BAY IN NEW ENGLAND. 37

*Mt a speciall Sessions of the Gen Court, called hj the GoiCno'' IGGI.
^ Magis'', ^ held at Boston, the 8F' of December, 1661.

Present, The GoQno", Majo'" Geii Denisson,

Dep* Goano', Majo"^ Willard,

M' Bradstreet, M'' Russell,

M' Symonds, M"^ Danforth.
Cap? Dani Gookin,

AFTER the Gouerno'^ had acquainted the Court -w"" the grounds &
reasons of his & the Magis'^ calling them at this season to meete
together, —

The Court, duely considering the weight of theire occasions in England,
judge meete to order, that M"^ Symon Bradstreete & M' John Norton be sent
to England from this Court, to present this Courts addresse to our soueraigne
lord, King Charles the Second, & negotiate our affaires w"' his maj*^ & his
privy council! according to instruccons agreed vpon by this Court, w* were
as foli : —

1. Yow shall present vs to his maj'^ his loyall & obedient subjects, & not
be wanting to instance in the particculars w* most & best render ys so to be.

2. Yow shall indeavo' to take off all scandall & objections which are
made, or may be made, against vs.

3. Yow shall, as opportunity presents, endeavour to vnderstand his maj'^
& councills apphentions concerning vs, & to endeavour the establishment of
the rights & priveledges wee now enjoy.

4. Yow shall not engage vs, by any act of yours, to any thing which
may be ]p>judiciall to our ^sent standing according to pattent.

5. Yow shall giue vs a speedy & constant account of all yo' transactions,
& what else may be of concernment to vs.

Ypon complaint of the great abuses that are dayly coinitted by retaylers
of strong waters, rums, &S, both by the stillers thereof & such as haue it
from forraigne parts, this Court doe therefore order, that henceforth no person
or persons shall practise the craft of stilling strong waters, nor shall sell or None to still,
retayle any by lesse quantity then a quarter caske, & the same to be deliuered,
not at seuerall times or in seuerall parcells, but at one tjme, w*''out covyn or
fraud, excepting only such as shallbe allowed annually by the County Courts
respectiuely, on pcenalty of fine pounds forfeicture for euery time that any
person or persons shall be legally convicted thereof, any lawe, vsage, or



38



THE RBCOKDS OF THE COLONY OP




Order ab' y«
Bynod.



[*393.]



Ans' to Bal-
lantines peti-
con.
1 Janu., 61.



Cap' Torreys
recompence.



3 Gomissioners
at Dover.



customSj or former licence to "the contrary notw"'standing ; provided alwayes this
lawe shall not prohibitt such ' merchants as haue strong liquors from fforeigne
parts in cases from selling the same by the whole case, either to such as are
going to sea, or to masters of familjes of good report.

This Court, hauing taken into consideration that there are seuerall ques-
tions & doubts yet depending in the churches of this jurisdiction concerning
seuerall practicall poynts of church disciplyne, doe therefore order & hereby
desire, that the churches aforesajd doe send theire messengers of elders &
brethren to Boston the 2"^ Twesday of the first moneth, then & there to dis-
cusse & declare what they shall judge to be the minde of God, revealed in his
word, concerning such questions as shall be propounded to them by order of
this Court referring to church orders as aforesajd, and that the seuerall
churches take care to make due provition for the messengers by them sent.

This Court doe further order, as a nieete expedient for the furtheranc
of th'ends proposed in calling a synod to be kept by the messengers of all y^
churches in this juiisdlction the 2* Twesday in March next, that the neighbor-
ing elders, w'*" as much convenient speed as may be, doe meete together &
consider of such questions, besides what is here vnder proposed, as they shall
judge necessary to be then & there discussed for the setling of peace & trueth
in these churches of Christ, & make theire returne w"* as much *convenient
speede as may be to y'' GoQno'' or secretary, who is to speede away a copie
thereof, w"* the Generall Courts order, to the seuerall churches, requiring
them to send theire messengers to attend the sajd meeting.

Qua3st 1. Who are the subjects of baptisme.

Quaest 2. Whither, according to the word of God, there ought to be a
conscociation of churches, & what should be y® manner of it.

This last question was returned to y" secretaiy by y" elders.

In ans"" to the petition of Hannah Ballantine, the Court judgeth it meete
that whereas there is yet vnpajd of the fine w*in mentioned the some of
seventy fiue pounds, that the sajd soine shall be payd in three seuerall pay-
ments, viz', one S"* part at the end of sixe moneths now next ensuing, another
S"" sixe months after that, & the last third sixe months after that, & that it
shallbe accepted of in merchantable caske, as the assignee shall direct, not
intending herein to alter anything referring to the first payment.

The Court, considering the service of Capt W"" Torrey, clarke to the
House of Deputjes for this present yeare, to be more then ordinary, judge
meete to order, that fiue pounds, as an addition to his sallery for this yeare
now passing, be payd him out of this country rate.

Lef? Roger Clap, Ensigne Hopestill Foster, & M' Tho Jones being



THE MASSACHUSETTS BAY IN NEW ENGLAND. 39

ctosen by tlie toune of Dorchester to end smale cause, the Court allowes 1661.
thereof; and, at the request of the toune of Dorchester, to appoint one of " '' '
them to joyne persons m marriage that are pubushed according to lawe, the j^^jj j,j ■^^_
Court doth heereby authorize Left Roger Clap for y' service. powred joyne

p'sons in mar.

The connstables of Lynn, Hingham, & Concord not hauing made returnes
of the warrants sent to theire seuerall tounes for their deputjes to attend this
Court, & there being no deputjes appearing, it is therefore ordered by this
Court, that the sajd connstables, for their neglects, be fined tTP'enty shillings
apeece, & the deputjes, for their non appearance, twenty shillings a day,
according to lawe.

The Court, considering the shortnes of the tjme for the issuing theire Comittee to
present occasions of so great concernment, & conceiving that the substance oi our messenn-'s
what hath binn propounded, referring both to instruccons & supply of such '^°™°^-
as are to be our messengers to England, are such as be agreeable to the ap^-
hentions of. the whole Court, yet, conceiving that the fynall conclusion
thereof will not only be more readily, but also farre more safely & more con-
ducing to the ends proposed, that the same be donne by a lesse body then
this Court, doe therefore order, that the honored Dep' GoQn'", Cap? Daniell
Gookin, M'' Danforth, Capt Eliazer Lusher, Capt Edw Johnson, & M' Joseph
Hill to be a comittee, when this Court ariseth, hereby fully impowred &
invested w*"* the authority of this Court to issue & determine what yet
remajnes more perticcularly to be donne refferring to the p>misses, attending
as much as may be to the sence of what hath beene for substance agreed
vpon, that so the meanes vsed for our safety may not be improoved against vs
for our ruine. And it is further ordered, y' what the majo'' part of the sajd
comittee shall act or passe shall be good & effectuall to all intents & purposes,
and whatsoeuer they shall vnder theire hands act & determine, this Court
heereby doth engage to performe. And further, it is ordered, that the sd
comittee, or majo' part of them, may take all due effectuall meanes & courses
to remoove any obstacle or objection that may lye in theire way, and that
theire determinations be not disclosed vntill this Court shall call for the same.
This Court, judging it meete *to add the honored Gouerno' to this cornittee, [*3^-,]
& doe heereby invest them, or the majo"^ part of them, w"' that full power to
act & doe whatsoeuer this Court might doe for the acomplishment of the
negotiation; & that the Gouerno"' signe the coiiilssion & instructions in the
name of this Court, and that the secretary be present w"" the sajd coiiiittee, to
receive & take the result of what they shall doe, & put the same vpon file, as
the records of this Court.

Itt is ordered by this Court & the authoritje thereof, that Cap? Tho



40 THE RECOEDS OE THE COLONY OP

1661. Sauage, M' Hezekiah Vsher, Cap? W™ Dauis, & the secretary, or any three

' ^^ ' of them, shall & heereby are impowred, as a comittee, to agree w"" anj person

Comittee to ' °^' P^i'sons in behalfe of the country in refference to the procuring such

rayse money, soines of money for the vse of the country as the coinittee, appointed by this

Court to issue & determine what yet remajnes to be donne, shall determine, to

be rajsed on the same termes as this Court hath appointed ; & what they shall

agree vpon in relation therevnto, this Court doeth heereby confirme & allow,

& orders the Treasurer to engage for the same.

The Court agreed on another addresse, w*, w* the last, &<3, was referred to
the consideration of the coinittee.

The Court also ordered a letter to be writt to the church of Christ in Boston

to sthr vp their willing minds to part w"" the Eeuerend M"^ Jn° Norton, theire

teacher, to further the service & occasions of the country, w* letter is on file.

This Court is adjourned ; if there be any occasion to call the Gen Court

till the 10"" of March next, to be dissolved, & new elected.



1662. -Att a Generall Court of Election, held at Boston, 7"' of May, 1662.

7 May. -TN ENDECOT, Es^), was chosen Goano-^ for y^ yeare, & tooke his
fJ oath.

Rich Bellingham, Es^, was chosen Dep' Goii, & tooke his oath.

Symon Bradstreet, Es^,

M"^ Samuell Symonds,

Capt Tho Wiggins,

Capt Daniel Gookin,

Majo"^ Gen Daniel Denlsson,

Maj"^ Symon Willard,

M' Eich Russell, & Tresurer,

M' Tho Danforth, & Coinisssioner,

Maj' W" Hauthorne,

Maj"^ Eliazer Lusher,

M' Edw Rawson was chosen Secretary.

The names of the seuerall deputjes returnd from the seuerall tounes to
serve at this GeiilL Court, &(5, were, —

M"^ Henry Bartholmew, for Salem.

Capt Francis Norton, L^ft Rich Sprauge, Charls Toune.



M^ Gen & Comissioner.

were chosen Asistants, & tooke alt
theire oathes, except M"^ Brad-
street.




THE MASSACHUSETTS BAY TN NEW ENGLAND,

Capt Roger Clap, Lef? Hopestill Foster, Dorchester.

Capt Tho Sauage, M'' Edw Ting, Boston.

M' "W™ Parks, Roxbury.

M' Ephraim Child, ^ Water Toune.

M' Edw Jackson, M' Edw CoUings, Cambridge.

Lynne.
Left Jn° Apleton, ^ Ipsuich.
M"^ Henry Sewall, Newbury.
James Nash, Weimouth.
Cap? Joshua Hubbard, Hingham.
Thomas Brooks, Concord.

Lefi Joshua Fisher, Ensig Dam Fisher, Dedham,
Cap? John Pinchon, Springfeild.
Left Phillip Chalice, Salisbury.
M"^ Samuel Dalton, Hampton.
Maximilljan Jewet, Eouley.
M' Peter Bracket, Braintry.
Capt Rich Waldem, Doner.
Capt Edw Johnson, "Wooborne.
Hadley, M' W™ Lewis, Hadley.
M"^ Joseph Hills, Maiden.

Capt Thomas Clarke was chosen Speaker.

*As an adition to the lawe about apparrell. "Whereas excesse in appar- [*395.J
rell amongst vs, Tnbecoming a wildernes condition, & the profession of the Addition to y

lawe ab' appar-

gospell, whereby the rising generation are in dainger to be corrupted & effemi- rell.
nated, w'='' practises are wittnessed against by the lawes of God & sundry civil
& Xtian nations, it is therefore ordered & enacted by this Court & the
authority thereof, that all persons w'^'in this jurisdiction, wther the children
or servants that are vnder goQment in familys, that shall weare any apparrell
exceeding the q[uality & condition of their persons or estate, or that is appar-
ently contrary to the ends of apparrell, & either of these to be so judged by
the grand jury & County Court of that sheire where such complaint or ^sent-
ment is made, — all such persons, being convicted, shall for the first offence
be admonished, for the second offence pay a fine of twenty shillings, for the
third offenc forty shillings, & so following, as the offences are multiplied, to
pay forty shillings a tjme to the treasury of that county. Also, if any taylor
shall make or fashion any garment for such children or servants vnder goQnment,

VOL. IV. PART II. 6




42 THE RECORDS OF THE COLONY OF

as aforesajd, contrary to the minde & order of tlieir parents or goQno^
euery such taylor shall for the first offence be admonished, & for the second
offenc to forfeite double the value of such apparrell or garment as he shall
fashin or make contrary to the minde & order of parents or go'ano''s ; halfe to
the owner & halfe to the country. And all gi'and jurymen are hereby en
joyned to present all those whom they^doe judge breakers of this order.

Encouragem' This Court doeth order, as an incouragement to persons to destroy

' woolveSj that hencforth euery person killing any M'olfe shall be allowed out
of the tresury of that county where such woolfe was slajne twenty shillings,
& by the toune tenn shillings, & by the country Tresurer tenn shillings, w''''
the connstable of each toune, on the sight of y'^ eares of such woolves being
cutt of, shall pay out of y° next country rate, w"*" y'' Tresurer shall allowe.

How to rate Whereas in the lawe, til Publick Charges, page 14*, sheepe are to be

assessed at twenty fine shillings a head, and that they are now fallen to about
a fowerth part of the price they then were ordinarily sold for, whereby many
are discouraged for keeping such vsefuU crcatiu'es, it is therefore ordered by
this Court & the authority thereof, that henceforth the rate for sheepe shall be
at tenn shillings a head, any thing in the sajd recited lawe to the contrary
notw*''standing.

Ounors of feno "Whereas, the lawes published concerning fences & catle being in this

in case '^"^^^ second edition transported from their first order & «nethod, much difficulty
cloth many times arise concerning the true meaning thereof, whereby great
damages doe acrue to many of the inhabitants, & conseq^uently to the country,
for prevention whereof this Court doeth order & enact, that where any catle
shall trespasse on any propriety not appearing to be sufficjently fenced against
swjne sufficjently yoaked & ringed, or cowes & such catle as will be restrejned
by a sufiicjent fence, in the judgment of vejwers of fences, as page 11*, sect
6, in all such cases the owno's of the fence or of the land shall beare all such
damages as to them thereby susteined, any thing in the sajd order or any
other lawe, custome, or vsage to the contrary notw*standing.

Y' keepers dis- Itt IS ordered, that when any persons are coinitted to prison in any ciuil

oners in case, action, the keeper of the prison shall not stand chardged w* their suply of
victualls or other necessaryes ; & in case the prisoner hath no estate, & will be
deposed before any magistrate that he is not worth fine pounds, the plaintiff-
shall provide for his releife, or otherwise the keeper shall not stand chardged
w* him, & all such charges the plaintiffe shall haue power to levy w* the
execution before the party be deliuered from prison.

Coinittees ^01 the speedy & effectuall finishing of what is needefuU to be donne at

power to Unish

y Castle. the Castle, this Court doeth order, that the coinittee appointed for the sajd




THE MASSACHUSETTS BAY IN NEW ENGLAND. 43

worke shall and are hereby impowred (they or any three of them) to hire, or,
if neede req^uu-e, to impresse both men & matter for the acomphshing of the
same, and to charge bills on the Treasurer for payment, or in case they, or any
of them, shall pay or cause to be payd any of the sajd workmen out of any
of their tounes, such shall be allowed the same out of the next country rate,
and the Treasurer shall discount the same.

*This Court, being sencible of the encrease of prophanes & irreligiousnes, [*396.]
by reason of the vagrant & vagabond life of sundry persons, as well inhab- ^''^^r ab« Tag-

abonds.

itants as forreigners, that wander from their farailys, relations, & dwelling
places, from toune to toune, thereby drawing away children, servants, & other
persons, both younger & elder, from their lawfuU callings & imployments, &
heardning the hearts of one another against all subjection to the rules of Gods
holy word & the established lawes of this collony, all which to prevent this
Court doeth heereby order & enact that all such persons, wheneuer they may be



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 5 of 77)